ORDINANCE 1448ORDINANCE NO. 1448
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE §§ 15-
27A-6(D) AND 15- 27A -6(E) AFFECTING WHEN DEVELOPMENT
IMPACT FEES MUST BE PAID.
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: El Segundo Municipal Code ( "ESMC ") § 15- 27A -6(D) is amended to
read as follows:
"D. The director of planning and building safety or the director of public
works will collect impact fees in accordance with Government Code §
66007, except that the connection fees are collected at the time an
applicant seeks to connect to the city's utility system."
SECTION 2: El Segundo Municipal Code ( "ESMC ") § 15- 27A -6(E) is amended to read
as follows:
"E. Unless otherwise provided by Council resolution, the impact fees
established by this chapter will be automatically adjusted on an annual
basis at the beginning of each fiscal year based on the average
percentage change over the previous calendar year set forth in the
construction price index for the Los Angeles metropolitan area. The first
impact fee adjustment cannot be made before a minimum of ten (10)
months after the effective date hereof."
SECTION 3: Environmental Review. This ordinance is exempt from review under the
California Environmental Quality Act (California Public Resources Code §§ 21000, et
seq., "CEQA ") and CEQA regulations (14 California Code of Regulations §§ 15000, et
seq.) because it does not involve any commitment to a specific project which could
result in a potentially significant physical impact on the environment and establishes
rules and procedures to implement an organizational or administrative activity that will
not result in direct or indirect physical changes in the environment. Accordingly, this
Ordinance does not constitute a "project" that requires environmental review (see
specifically, 14 CCR § 15378(b)(2, 5)).
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.
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SECTION 5: Repeal or amendment of any provision of the ESMC will not affect any
penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of
penalties for any violation occurring before this Ordinance's effective date. Any such
repealed part will remain in full force and effect for sustaining action or prosecuting
violations occurring before the effective date of this Ordinance.
SECTION 6: If this the entire Ordinance or its application is deemed invalid by a court
of competent jurisdiction, any repeal of the ESMC or other the city ordinance by this
Ordinance will be rendered void and cause such ESMC provision or other the city
ordinance to remain in full force and effect for all purposes.
SECTION 7: The City Clerk is directed to certify the passage and adoption of the
Ordinance, make a note of the passage and adoption in the records of this meeting, and
within fifteen days after the passage and adoption of this Ordinance cause it to be
published and posted in accordance with California law.
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SECTION 8: This Ordinance will become effective on the 31St day following its
passage and adoption.
PASSED AND ADOPTED this 19th day of October, 2010.
Eric Busch-,-Mayor
ATTEST:
Cindy Mortesen, City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
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Kaf(H. Berger, A City Attorney
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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. 1448 was duly introduced by said City Council at a regular meeting held
on the 5th day of October, 2010, 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 the19th day of October, 2010, and the same
was so passed and adopted by the following vote:
AYES:
Busch, Fisher, Brann
NOES:
Jacobson, Fuentes
ABSENT:
None
ABSTAIN:
None
Cindy Mortesen, City Clerk"
KI