ORDINANCE 1368ORDINANCE NO. 1368
AN ADDING A PARKING EIIN-LIEUTFEEDPROGRAM (SPECIFIC PLAN
ADDING A
AMENDMENT NO. 03 -3)
The City Council of the city of El Segundo does ordain as follows:
SECTION 1: The Council finds and declares as follows:
A. On July 24, 2003, the City initiated the process to amend Downtown
Specific Plan (DSP) to create a parking in -lieu fee program. The
application was reviewed by the City's Department of Community,
Economic and Development Services 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 Department of Community, Economic and Development Services
completed its review and scheduled a public hearing regarding the
application before the Planning Commission for October 9, 2003;
D. On October 9, 2003, 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. 2555
recommending that the City Council approve the proposed project;
E. On November 5, 2003 the City Council held a public hearing to receive
public testimony and other evidence regarding the application including,
without limitation, information provided to the City Council by Department
of Community, Economic and Development Services, and adopted
Resolution No. 4338 approving Environmental Assessment No. 621 for
Specific Plan Amendment No. 03 -3; and,
F. On November 5, 2003 the City Council held a public hearing and
considered the information provided by City staff and public testimony.
This Ordinance and its findings, are made based upon the evidence
presented to the Council at its November 5, 2003 hearing including,
without limitation, the staff report submitted by the Department of
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M
Community, Economic and Development Services.
SEC Mt L_2-, Specific Plan Findings. After considering the above facts, the
Commission finds as follows:
A. The General Plan Land use designation for the project is Downtown
Specific Plan.
B. The proposed amendment P an anduse designation for he properties consistent
with the Gene perties invo ved
C. The proposed amendment to establish a parking in -lieu fee would further
General Plan goals, objectives, and policies to preserve and maintain the
City's downtown (Objective LU 1 -4), help create and 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 the construction of additional floor area in
the DSP that is already permitted to occur by providing a mechanism for
on -site parking to be eliminated through the payment of a parking in -lieu
fee.
SECTION 3: Approvals. The Council amends 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 Community, Economic and
Development Services 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 Community, Economic and
Development Services 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
Community, Economic and Development Services. The study may
also include the use of valet or attendant parking.
ii). Parking In -Lieu Fees
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a. The number of parking spaces required by this chapter because
of adding new floor area to an existing building or constructing a
new building may be reduced by paying a parking in -lieu fee in
an amount set by City Council resolution.
b. Any residential unit constructed after the effective date of the
ordinance adding the in -lieu fee option, which is subsequently
converted to a non - residential use, must 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. The parking in -lieu fee must be paid before the City issues a
Certificate of Occupancy. Funds collected by the City from such
payments must be deposited in a separate fund and cannot be
commingled with any other City fund. Monies from the in -lieu
fund may only be used for acquiring and developing additional
parking and related facilities, including, without limitation,
acquisition or development of parking stalls in private parking
facilities, needed for the downtown. Funds paid to the City for in-
lieu parking are non - refundable.
d. 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.
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.
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SECTION 6: This Ordinance will become effective on the thirty-first (31st) day following
its passage and adoption.
PASSED AND ADOPTED this 18th day of Novem r, 2003.
l�
Mike Gordon, Mayor
APPROVED AS TO FORM:
By: �4,j")l X2���
Mark D. He sley, City Attorney
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
1, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number o36 embers of the City Council of said City is five; that the foregoing
Ordinance No. was duly introduced by said City Council at a regular meeting
held on the 5th day of November 2003, 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 18th day of November, 2003, and the same
was so passed and adopted by the following vote:
AYES: Gordon, Gaines, McDowell
NOES:
ABSENT:
ABSTAIN:
NOT PARTICIPATING:
a/iW
Cindy Mortesen, Cit
Wernick
None
None
Jacobs
6
y Clerk
P \Planning & Budding Safety\ PROJECTS \800- 827\Ea- 821\ea- 821.ORD doc
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