ORDINANCE 1429ORDINANCE NO. 1429
AN ORDINANCE AMENDING THE DOWNTOWN SPECIFIC PLAN
REGARDING TEMPORARY AND PERMANENT OUTDOOR USES,
PERMIT FEE PARKING AND ESTABLISHING PROCEDURES FOR
MAKING PARKING IN -LIEU FEE PAYMENTS.
(SPECIFIC PLAN AMENDMENT NO. 09 -01 AND
ZONE TEXT AMENDMENT NO. 09 -01)
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: The Council finds and declares as follows:
A. On March 30, 2009, the City initiated the process to amend
Downtown Specific Plan (DSP) regarding temporary and
permanent outdoor uses, use of permit fee parking for
temporary uses, and amending the City's existing parking in-
lieu fee program. The application was reviewed by the City's
Planning and Building Safety Department for, in part,
consistency with the General Plan and conformity with the El
Segundo Municipal Code ( "ESMC ");
B. In addition, 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 "), and
the City's Environmental Guidelines (City Council Resolution
No. 3805, adopted March 16, 1993);
C. The Planning and Building Safety Department completed its
review and scheduled a public hearing regarding the
application before the Planning Commission for April 23,
2009;
D. On April 23, 2009, the Planning Commission held a public
hearing to receive public testimony and other evidence
regarding the application including, without limitation,
information provided to the Planning Commission by city staff;
and, adopted Resolution No. 2654 recommending that the
City Council approve the proposed project;
E. On May 20, 2009, the City Council held a public hearing to
receive public testimony and other evidence regarding the
application including, without limitation, information provided
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to the City Council by Planning and Building Safety
Department, and adopted Resolution No. 2654 approving
Environmental Assessment No. 834 for Specific Plan
Amendment No. 09 -01; Zone Text Amendment No. 09 -01;
and,
SECTION 2: Specific Plan Findings. After considering the above facts, the City
Council finds as follows:
A. The General Plan Land use designation for the project is
Downtown Specific Plan.
B. The proposed amendment to the Downtown Specific Plan is
consistent with the General Plan land use designation for the
properties involved.
C. The proposed amendment to expand and allow temporary
and permanent outdoor uses, use of permit fee parking for
temporary uses, and allow payment plans for the existing
parking in -lieu fee would further General Plan goals,
objectives, and policies to preserve and maintain the City's
downtown (Objective LU1 -4), help create an integrated,
complimentary, and attractive multi -use downtown (Objective
LU 4 -2), and would revitalize and upgrade commercial areas
(Policy LU- 4 -2.1) by creating the opportunity for growth in the
downtown area.
D. This amendment could facilitate additional outdoor retail sales
and dining in the DSP area and the construction of additional
floor area in the DSP that is already permitted to occur by
providing a mechanism for paying a parking in -lieu fee over a
period of time.
SECTION 3: Approvals. The Council amends the following provisions of
the DSP:
Chapter VI of the Downtown Specific Plan to read as follows:
VI. DEVELOPMENT STANDARDS
A. Main Street District — (300 -400 Blocks Main Street)
2. Permitted Uses-
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a. First floor street -front level, with a minimum building depth of 25 feet:
i. Retail sales and services
ii. Restaurants
iii. Recreational uses
iv. Governmental offices
V. Banks, not to exceed 500 square feet
vi. General offices
vii. Medical - dental offices
viii. Outdoor retail uses such as newsstands, coffee carts and flower
stands, up to 200 square feet in area, subject to design review
ix. Other similar pedestrian oriented retail - service uses and offices
approved by the Director Planning and Building Safety, as provided
by Section V., Administration
b. Above and behind street -front level, and adjacent to alleys:
i. All uses listed above in a.
ii. Clubs and halls
iii. Schools
iv. Theaters
V. Banks
vi. Other similar uses approved by the Director of Planning and
Building Safety, as provided by Section V., Administration
3. Permitted Accessory Uses-
a. Any use customarily incidental to a permitted use
b. Outdoor storage, subject to conformance with El Segundo Municipal Code
§ 15 -2 -8, Screening
c. Indoor entertainment, dancing, and amplified sound, subject to compliance
with El Segundo Municipal Code Chapter 4 -8, Entertainment Regulations,
and Chapter 7 -2, Noise and Vibration Regulations
d. Temporary Outdoor Retail Sales Events
e. Temporary Outdoor Dining and Outdoor Dining, subject to design review
and compliance with El Segundo Municipal Code § 15 -2 -16, Outdoor
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Dining Areas
f. Other similar accessory uses approved by the Director of Planning and
Building Safety, as provided by Section V., Administration
4. Uses Subject to an Administrative Use Permit - (Chapter 15 -22 of the El
Segundo Municipal Code)
a. On -site sale and consumption of alcohol at restaurants
c. Off -site sale of alcohol at retail establishments
d. Outdoor retail uses such as newsstands, coffee carts and flower stands,
over 200 square feet in area, subject to design review
e. Video arcades with three or fewer machines
f. Other similar uses approved by the Director of Planning and Building
Safety, as provided by Section V., Administration
B. Main Street Transitional District - (100 -200 & 500 Blocks Main Street)
2. Permitted Uses -
a. Retail sales and services
b. Restaurants
c. Recreational uses
d. Governmental offices
e. General offices
f. Medical - dental offices
g. Clubs and halls
h. Schools
i. Theaters
j. Banks
k. Outdoor retail uses such as newsstands, coffee carts and flower stands,
up to 200 square feet in area, subject to design review
I. Other similar uses approved by the Director of Planning and Building
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Safety, as provided by Section V., Administration
3. Permitted Accessory Uses -
a. Any use customarily incidental to a permitted use
b. Outdoor storage, subject to conformance with El Segundo Municipal Code
§ 15 -2 -8, Screening
c. Indoor entertainment, dancing, and amplified sound, subject to compliance
with El Segundo Municipal Code Chapter 4 -8, Entertainment Regulations,
and Chapter 7 -2, Noise and Vibration Regulations
d. Temporary Outdoor Retail Sales Events
e. Temporary Outdoor Dining and Outdoor Dining, subject to design review
and compliance with Section 15 -2 -16, Outdoor Dining Areas, of the El
Segundo Municipal Code
f. Other similar accessory uses approved by the Director of Planning and
Building Safety, as provided by Section V., Administration
4. Uses Subject to an Administrative Use Permit - (Chapter 15 -22 of the El
Segundo Municipal Code)
a. On -site sale and consumption of alcohol at restaurants
b. Off -site sale of alcohol at retail establishments
c. Outdoor retail uses such as newsstands, coffee carts and flower stands,
over 200 square feet in area, subject to design review
d. Video arcades with three or fewer machines
e. Other similar uses approved by the Director of Planning and Building
Safety, as provided by Section V., Administration
C. Richmond Street District - (100 -200 Blocks Richmond Street)
2. Permitted Uses -
a. Retail sales and services
b. Restaurants
c. Recreational uses
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d. Governmental offices
e. General Offices
f. Medical - dental offices
g. Clubs and halls
h. Schools
i. Theaters
j. Banks
k. Bed and Breakfast Hotels
I. Artist and design studios
m. Outdoor retail uses such as newsstands, coffee carts and flower stands,
up to 200 square feet in area, subject to design review
n. Other similar uses, approved by the Director of Planning and Building
Safety, as provided by Section V., Administration
3. Permitted Accessory Uses-
a. Any use customarily incidental to a permitted use
b. Outdoor storage, subject to conformance with El Segundo Municipal Code
§ 15 -2 -8, Screening
c. Indoor entertainment, dancing, and amplified sound, subject to compliance
with El Segundo Municipal Code Chapter 4 -8, Entertainment Regulations,
and Chapter 7 -2, Noise and Vibration Regulations
d. Temporary Outdoor Retail Sales Events
e. Temporary Outdoor Dining and Outdoor Dining, subject to design review
and compliance with El Segundo Municipal Code § 15 -2 -16, Outdoor
Dining Areas
f. Other similar accessory uses approved by the Director of Planning and
Building Safety, as provided by Section V., Administration
4. Uses Subject to an Administrative Use Permit - (Chapter 15 -22 of the El
Segundo Municipal Code)
a. On -site sale and consumption of alcohol at restaurants
b. Off -site sale of alcohol at retail establishments
c. Outdoor retail uses such as newsstands, coffee carts and flower stands,
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over 200 square feet in area, subject to design review
d. Video arcades with three or fewer machines
e. Other similar uses approved by the Director of Planning and Building
Safety, as provided by Section V., Administration
D. North Richmond Street District — (300 Block west side Richmond Street)
2. Permitted Uses -
a. Retail sales and services
b.
Restaurants
c.
Recreational uses
d.
Governmental offices
e.
General offices
f.
Medical - dental offices
g.
Clubs and halls
h.
Schools
i.
Theaters
j. Banks
k. Bed and Breakfast hotels
I. Artists and design studios
m. Outdoor retail uses such as newsstands, coffee carts and flower stands,
up to 200 square feet in area, subject to design review
n. Other similar uses, approved by the Director of Planning and Building
Safety, as provided by Section V., Administration
3. Permitted Accessory Uses -
a. Any use customarily incidental to a permitted use
b. Outdoor storage, subject to conformance with El Segundo Municipal Code
§ 15 -2 -8, Screening
c. Indoor entertainment, dancing, and amplified sound, subject to compliance
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with El Segundo Municipal Code Chapter 4 -8, Entertainment Regulations,
and Chapter 7 -2, Noise and Vibration Regulations
d. Temporary Outdoor Retail Sales Events
e. Temporary Outdoor Dining and Outdoor Dining, subject to design review
and compliance with El Segundo Municipal Code § 15 -2 -16, Outdoor
Dining Areas
f. Other similar accessory uses approved by the Director of Planning and
Building Safety, as provided by Section V., Administration
4. Uses Subject to an Administrative Use Permit - (Chapter 15 -22 of the El
Segundo Municipal Code)
a. On -site sale and consumption of alcohol at restaurants
b. Off -site sale of alcohol at retail establishments
c. Outdoor retail uses such as newsstands, coffee carts and flower stands,
over 200 square feet in area, subject to design review
d. Video arcades with three or fewer machines
e. Other similar uses approved by the Director of Planning and Building
Safety, as provided by Section V., Administration
w
E. Grand Avenue District- (300 Block east side Richmond Street - former Ralph's
market and adjacent lots)
2. Permitted Uses -
a. First floor street -front level and adjacent to pedestrian access ways,
including internal access ways, with a minimum building depth of 25 feet:
i. Retail sales and services
ii. Restaurants
iii. Recreational uses
iv. Governmental offices
V. Banks, not to exceed 500 square feet
vi. General offices
vii. Medical - dental offices
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viii. Bed and breakfast hotel
ix. Outdoor retail uses such as newsstands, coffee carts and flower
stands, up to 200 square feet in area, subject to design review
x. Other similar pedestrian oriented retail - service uses and offices,
approved by the Director of Planning and Building Safety, as
provided by Section V., Administration
b. Above and behind street -front level, and adjacent to alleys:
i. All uses listed above in a.
ii. Clubs and halls
iii. Schools and daycare
iv. Theaters
V. Banks
vi. Other similar uses approved by the Director of Planning and
Building Safety, as provided by Section V., Administration
3. Permitted Accessory Uses-
a. Any use customarily incidental to a permitted use
b. Outdoor storage, subject to conformance with El Segundo Municipal Code
§ 15 -2 -8, Screening
c. Indoor entertainment, dancing, and amplified sound, subject to compliance
with El Segundo Municipal Code Chapter 4 -8, Entertainment Regulations,
and Chapter 7 -2, Noise and Vibration Regulations
d. Temporary Outdoor Retail Sales Events
e. Temporary Outdoor Dining and Outdoor Dining, subject to design review
and compliance with El Segundo Municipal Code § 15 -2 -16, Outdoor
Dining Areas
f. Other similar accessory uses approved by the Director of Planning and
Building Safety, as provided by Section V., Administration
4. Uses Subject to an Administrative Use Permit - (Chapter 15 -22 of the El
Segundo Municipal Code)
a. On -site sale and consumption of alcohol at restaurants
b. Off -site sale of alcohol at retail establishments
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c. Outdoor retail uses such as newsstands, coffee carts and flower stands,
over 200 square feet in area, subject to design review Video arcades with
three or fewer machines
d. Other similar uses approved by the Director of Planning and Building
Safety, as provided by Section V., Administration
F. West Grand Avenue Transitional District- (North 200 Block of West Grand
Avenue between Concord Street and the alley west of Richmond Street)
2. Permitted Uses -
a. First floor street -front level, with a minimum building depth of 25 feet:
Retail sales and services
ii.
Restaurants
iii.
Recreational uses
iv.
Government offices
V.
Banks
vi.
General offices
vii.
Medical - dental offices
viii.
Clubs and halls
ix.
Theaters
X. Schools
xi. Outdoor retail uses such as newsstands, coffee carts and flower
stands, up to 200 square feet in area, subject to design review
xii. Other similar pedestrian oriented retail - service uses and offices
approved by the Director of Planning and Building Safety, as
provided by Section V., Administration.
b. Above street -front level:
i. All uses listed above in subsection (a).
ii. Business tenant/owner- occupied residential units.
iii. Other similar uses approved by the Director of Planning and
Building Safety, as provided by Section V., Administration.
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3. Permitted Accessory Uses -
a. Any use customarily incidental to a permitted use
b. Outdoor storage, subject to compliance with El Segundo Municipal Code §
15 -2 -8, Screening
c. Indoor entertainment, dancing, and amplified sound, subject to compliance
with El Segundo Municipal Code Chapter 4 -8, Entertainment Regulations,
and Chapter 7 -2, Noise and Vibration Regulations
d. Temporary Outdoor Retail Sales Events
e. Temporary Outdoor Dining and Outdoor Dining, subject to design review
and compliance with El Segundo Municipal Code § 15 -2 -16, Outdoor
Dining Areas
f. Other similar accessory uses approved by the Director of Planning and
Building Safety, as provided by Section V., Administration
4. Uses Subject to an Administrative Use Permit - (El Segundo Municipal Code
Chapter 15 -22)
a. On -site sale and consumption of alcohol at restaurants
b. Off -site sale of alcohol at retail establishments
c. Outdoor retail uses such as newsstands, coffee carts and flower stands,
over 200 square feet in area, subject to design review
d. Video arcades with three or fewer machines
e. Other similar uses approved by the Director of Planning and Building
Safety, as provided by Section V., Administration
G. West Grand Avenue Transitional District- (South 200 Block of West Grand
Avenue between Concord Street and the alley west of Richmond Street)
2. Permitted Uses -
a. First floor street -front level, with a minimum building depth of 25 feet:
i. Retail sales and services
ii. Restaurants
iii. Recreational uses
iv. Government offices
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v. General offices
vi. Medical - dental offices
vii. Outdoor retail uses such as newsstands, coffee carts and flower
stands, up to 200 square feet in area, subject to design review
viii. Other similar pedestrian oriented retail - service uses and offices
approved by the Director of Planning and Building Safety, as
provided by Section V., Administration.
b. Above street -front level:
i. All uses listed above in subsection (a).
ii. Business tenant/owner- occupied residential units.
iii. Other similar uses approved by the Director of Planning and Building
Safety, as provided by Section V., Administration.
3. Permitted Accessory Uses-
a. Any use customarily incidental to a permitted use
b. Outdoor storage, subject to compliance with El Segundo Municipal Code §
15 -2 -8, Screening
c. Indoor entertainment, dancing, and amplified sound, subject to compliance
with El Segundo Municipal Code Chapter 4 -8, Entertainment Regulations,
and Chapter 7 -2, Noise and Vibration Regulations
d. Temporary Outdoor Retail Sales Events
e. Temporary Outdoor Dining and Outdoor Dining, subject to design review
and compliance with El Segundo Municipal Code § 15 -2 -16, Outdoor
Dining Areas
f. Other similar accessory uses approved by the Director of Planning and
Building Safety, as provided by Section V., Administration
4. Uses Subject to an Administrative Use Permit - (El Segundo Municipal Code
Chapter 15 -22)
a. On -site sale and consumption of alcohol at restaurants
b. Off -site sale of alcohol at retail establishments
c. Outdoor retail uses such as newsstands, coffee carts and flower stands,
over 200 square feet in area, subject to design review
d. Video arcades with three or fewer machines
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e. Other similar uses approved by the Director of Planning and Building
Safety, as provided by Section V., Administration
H. Definitions
The following are definitions of uses that are included in the Specific Plan. For
definitions not included within this section, refer to Chapter 15 -1 -6, Definitions, of
the El Segundo Municipal Code.
Artist and Design Studios
"Artist and design studios" means an establishment that
provides work and retail sales and display space for
artists, artisans, craftsperson's, and designers.
Bank
"Bank" means an establishment that provides financial
services to individuals, firms and other entities. The
term includes savings and loan institutions, loan and
lending institutions, credit unions and other uses
providing similar financial services.
Bar
"Bar" means an establishment primarily for the on -site
sales and consumption of alcoholic beverages,
generally without or with limited food service, as defined
and licensed by the State of California, Department of
Alcohol Beverage Control. Bars include cocktail
lounges, nightclubs, taverns, pubs, saloons, and similar
uses, but exclude restaurants.
Bed and Breakfast Hotel
"Bed and Breakfast Hotel" means an establishment
containing 75 or fewer guestrooms, intended or
designed to be used for sleeping purposes by guests,
and provides breakfast to guests. The use may also
contain ancillary services such as meeting rooms,
personal services, and food preparation and dispensing.
Guest stays shall be limited to 30 consecutive days.
One dwelling unit for the use of the proprietor shall be
allowed.
City Parking Garage
"City Parking Garage" means the parking garage
located at 121 West Grand Avenue.
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Coffee cart
"Coffee cart" means a small self- contained outdoor
structure for the retail sale of coffee, other beverages,
snacks, and similar products. A seating or dining area
may also be provided as an accessory use.
Flower stand
"Flower stand" means a small self- contained outdoor
structure for the retail sale of flowers and related
products.
Newsstand
"Newsstand" means a small self- contained outdoor
structure for the retail sales of newspapers, magazines,
periodicals, and similar products.
Offices, Governmental
"Offices, governmental" means an establishment
maintained and used as a place of business by persons
employed by the government including City, County,
State, Federal and similar governmental businesses,
whose business activity consists primarily of providing
services to people.
Retail sales and service
"Retail sales and service" means an establishment that
provides retail sales, rental, services processing, and
repair of new merchandise, primarily intended for
consumer or household use. Services provided include
those of a personal convenience nature, and the
cleaning, repair or sales of related products.
Recreational use
"Recreational use" means an establishment providing
participant or spectator recreation, amusement,
exercise, or entertainment services.
Tattoo parlor
"Tattoo parlor" means an establishment where the act
or process of indelibly marking or coloring the skin of
any person by the insertion of pigment under or in the
skin or by the production of scars is conducted.
Temporary Outdoor Dining
"Temporary Outdoor Dining" means outdoor dining
located within the City right of way pursuant to an
encroachment permit and /or is required to secure off-
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site parking or other outdoor dining for which the
property does not have the required number of on -site
parking spaces. Temporary Outdoor Dining is only
allowed in conjunction with a permitted restaurant and is
only permitted to utilize Temporary Outdoor Structures/
Facilities. Temporary Outdoor Dining requires a permit
and is only allowed for such time period commensurate
with the time period that Temporary Use Parking is
provided in accordance with Section VI1.2.k. of this
Specific Plan.
Temporary Outdoor Retail Sales Events
"Temporary Outdoor Retail Sales Events" means
outdoor retail sales events conducted outdoors on the
same premises as, and are consistent in character with
an existing retail store use. These events require a
permit and may be allowed up to a total of 30 days in
any twelve month period. Temporary Outdoor Retail
Sales Events can only be permitted to utilize Temporary
Outdoor Structure /Facilities and must comply with the
Temporary Use Parking requirements set forth in
Section VI1.2.k of this Specific Plan.
Temporary Outdoor Structure /Facilities
"Temporary Outdoor Structure /Facilities" includes
awnings or canopies made of material or wood, tents,
shade umbrellas, and similar types of structures that
can be constructed and removed within a seven day
period. Temporary Outdoor Structure /Facilities also
include lighting and heating improvements that can be
constructed and removed within a seven day period.
Any applicant for Temporary Outdoor Structure/
Facilities must sign an acknowledgement that the
Temporary Outdoor Structure /Facilities can be removed
within a seven day period. All Temporary Outdoor
Structure /Facilities must meet all zoning, building, fire,
health and other applicable codes.
Chapter VII of the Downtown Specific Plan to read as follows:
VII. PARKING
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2. General Provisions-
a. No use or building shall be established, erected, enlarged or expanded
unless parking facilities are provided and maintained as required by this
Section.
b. Parking facilities should be designed so that a car within a facility will not
have to enter a street to move from one location to any other location
within the same facility.
c. Bumpers or tire stops a minimum 6 inches in height shall be provided in all
parking areas abutting a building, structure, sidewalk, planting area, street
or alley.
d. All tandem parking spaces, where allowed, shall be clearly outlined on the
surface of the parking facility.
e. Parking facilities in all Districts shall 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 travelling in a forward direction. However,
cars may exit onto an alley travelling in a reverse direction.
f. Where the application of the following cumulative parking schedules
results in a fractional space of .5 or greater, the number of required
parking spaces shall be rounded up to the next whole number.
g. No vehicular use area, except driveway access to a property, for any
residential use shall be located, in whole or in part, in any required front
yard or front two- thirds of any required side yard.
h. No person, company or organization shall fail to maintain the facilities
required to be provided by this Section, or by any applicable provision of
prior laws, variance, use permit, or precise plan heretofore or hereafter
granted by the Planning Commission or City Council. No required parking
shall be utilized in any manner so as to make it unavailable for the
occupants, their clients or visitors of a building or use during the hours
such building or use is normally occupied except for purposes of utilizing it
for Temporary Outdoor Retail Sale Events or Temporary Outdoor Dining in
accordance with the requirements of the DSP. This meaning shall not be
construed to prohibit security devices.
All permanent on -site parking, loading, or other vehicular use area shall be
paved with approved concrete or asphaltic concrete. On -site parking areas
to be used for no longer than one year shall be surfaced and maintained
with an impervious material acceptable to the Director of Planning and
Building Safety so as to eliminate dust and mud. All on -site parking areas
shall be graded and drained to dispose of all surface water in accordance
with the Uniform Building Code.
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j. Any lights provided to illuminate any parking area shall be arranged so as
to direct the light away from any residential dwelling unit.
k. Temporary Use Parking. Outdoor Retail Sale Events and Temporary
Outdoor Dining are required to provide parking based upon the parking
requirements set forth in the DSP during the time period that such use is
in operation. To the extent that the Outdoor Retail Sale Events or
Temporary Outdoor Dining is located on parking spaces that are otherwise
required for other uses located on the property, then in addition to the
Temporary Parking spaces required for the Outdoor Retail Events or the
Temporary Outdoor Dining the property owner or tenant is required to
provide parking spaces to replace the parking spaces that are being
utilized for the Outdoor Retail Sale Event or the Temporary Outdoor
Dining. Parking requirements for Temporary Outdoor Retail Sale Events
and Temporary Outdoor Dining may be fulfilled by providing sufficient on-
site parking, parking through an offsite parking covenant, or by obtaining
parking space permits for the City Parking Garage, or any combination of
these three options. To utilize Temporary Outdoor Dining, the property
owner and tenant, if applicable, must execute an acknowledgement to be
recorded in the County Recorder's Office that the Temporary Outdoor
Retail Sale Event or Temporary Outdoor Dining use will cease if at any
time the parking requirements are not met, including in the event that
parking space permits expire and are not re- issued for the City Parking
Garage.
Chapter VII, Section 3, subsection c. of the Downtown Specific Plan to read as follows:
"c. Parking Reductions:
i) Parking Demand Study. The Director of Planning and Building
Safety may modify the required number of parking spaces or
approve joint use or off -site parking, for fewer than 10 spaces,
based on the submittal of a parking demand study. Reductions of
10 or more spaces require Planning Commission approval.
Additionally, for any use for which the number of parking spaces is
not listed, the Director of Planning and Building Safety or Planning
Commission will specify the required number of spaces based on a
parking demand study. A parking demand study must include,
without limitation, information specifying the number of employees,
customers, visitors, clients, residents and owner - occupancy of
residence and business (for existing legal non - conforming
residential uses), shifts, deliveries, parking spaces, or other criteria
established by the Director of Planning and Building Safety. The
study may also include the use of valet or attendant parking.
Page 17 of 19
ii). Parking In -Lieu Fees
a. The number of parking spaces required by this chapter due to the
addition of floor area to an existing building or the construction of a
new building may be reduced by the payment of a parking in -lieu
fee to be established by City Council resolution from time to time.
b. Any residential unit constructed after the adoption of this program,
which is subsequently converted to a non - residential use is
required to provide parking as required by this chapter for such use
or pay a parking in -lieu fee for the floor area converted to the non-
residential use.
C. Except as otherwise provided, the parking in -lieu fee must be paid
before the City issues Certificate of Occupancy. Funds collected by
the City from such payment must be deposited in a special fund
and used only by the City to acquire and or develop additional
parking and related facilities which are determined by the City
Council to be necessary to serve the downtown. Funds paid to the
City for in -lieu parking are non - refundable.
d. For good cause shown, as reasonably determined by the Director
of Planning and Building Safety using objective criteria established
by City Council resolution, the parking in -lieu fee may be paid over
a period of time not to exceed twenty (20) years from the date the
City issues a final Certificate of Occupancy. The obligation to pay
such in -lieu fee must be secured with appropriate sureties identified
by City Council resolution (including, without limitation, a restrictive
covenant recorded against real property) and approved as to form
by the City Attorney.
e. Parking provided by the City will be developed within or adjacent to
boundaries of the Downtown Specific Plan. Payment of a parking
in -lieu fee does not provide or vest any property owner with a
special right, privilege or interest of any kind in any parking facility
that may result from the payment of the fee. There is no guarantee
that the City will build parking at any particular time or that it will
build parking in a location that will be of advantage to the property
owner paying the fee."
SECTION 4: 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.
Page 18 of 19
SECTION 5: 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 fifteen (15) days after the passage and adoption of this Ordinance, cause it
to be published or posted in accordance with California law.
SECTION 6: This Ordinance will become effective on the thirty -first (31st) day
following its passage and adoption.
PASSED AND ADOPTED this 2nd day of June, 2009.
e ly d'50 o II, a or
APPROVED AS
By:
Mark D. Hensley, i Attorney
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, 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. 1429 was duly introduced by said City Council at a regular meeting held
on the 20th day of May 2009, 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 2nd day of June, 2009, and the same was so
passed and adopted by the following vote:
AYES: McDowell, Busch, Brann, Fisher, Jacobson
NOES: None
ABSENT: None
ABSTAIN: None
64�kM 11AAM. �—
Cindy Mo esen, -City lerk
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