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1997 NOV 18 CC PACKETA11:0111w& AGENDA ....,...,, ; EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. The Public can participate in the discussion of any item listed on the Agenda. To facilitate your presentation, please place a check mark ,/ beside each item you would like to address on the Agenda provided by the City Clerk, preferably PRIOR to the start of the meeting. Any other item not listed on the Agenda that is within the jurisdiction of the City Council may be directly addressed during Public Communications. Before speaking to the City Council, please come to the podium and give: Your name and address and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief general description of the business to be transacted or discussed at the meeting. In compliance with the Americans with Disabilities Act, it you need special assistance to participate In this meeting, please contact City Clerk, 607 -2208. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL Tuesday, November 18,1997 - 5:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE - Councilman Liam Weston ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total.) Individuals who have received value of 350 or more to communicate to the City Council on beha f of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, gA =.) for the purposes of conferring with the City's Real Property Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation; and/or discussing matters covered under Gov't Code §54957 (Personnel); and/or conferring with the City's Labor Negotiators as follows: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956.9(a)) - 1. Siadek et al. V. City of El Segundo, LASC Case No. YCO25264 2. Mosleh and Greffon v. City of El Segundo, LASC Case No. YC 025903 3. Albert L. Peia v. City of El Segundo, U.S. Bankruptcy Court Case No. 95 -51862 4. Hargreaves v. City of El Segundo, LASC Case No. YC 030268, USDC Case No. CV 97- 7979DT 5. In the Matter of the Application of City of Los Angeles, OAH No. L- 9604014. 0 Ocz CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956.9(b):_-A-_ potential cases (no further public statement is required at this time); Initiation of litigation pursuant to Gov't Code §54956.9(c): -5- matters. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957). None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957.6) - General Employees (Human Resources/Risk Management Director, Negotiator). CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) - Meet with Negotiator regarding negotiations to lease or purchase City owned -land adjacent to the property owned by Project One -Fifty and known as 150 S. Sepulveda Boulevard, which consists of approximately forty one thousand three hundred forty (41,340) square feet, as shown on Parcel Map No. 17749, recorded in Book 207, Page 58, in the office of the County Recorder of the County of Los Angeles, State of California, and which property is currently leased to Project One -Fifty for a term ending January 31, 2005. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a Jlne of $25a ADJOURNMENT POSTED: DATE I i IlAlq-7 TIME NAME 0 003 11- 1e -97 spm 2 AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. The Public can participate in the discussion of any item listed on the Agenda. To facilitate your presentation, please place a check mark / beside each item you would like to address on the Agenda provided by the City Clerk, preferably PRIO to the start of the meeting. Any other item not listed on the Agenda that is within the jurisdiction of the City Council may be directly addressed during Public Communications. Before speaking to the City Council, please come to the podium and give: Your name and address and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief general description of the business to be transacted or discussed at the meeting. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 607 -2208. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, NOVEMBER 18,1997 - 7:00 P.M. Next Resolution #_4D4_9 Next Ordinance #_12U CALL TO ORDER INVOCATION - Father Joseph Azadian, S.J., St. Anthony Roman Catholic Church PLEDGE OF ALLEGIANCE - Councilman Liam Weston PRESENTATIONS- Proclamation establishing and designating El Segundo Fire Department Stations No. 1 and No. 2 as "Safe Houses" where any child in the community may go for safety or assistance when they encounter a threat or other emergency while en route to or from any elementary, middle, or senior high school, or in any other time of need. 2. Presentation by California Senior Legislature Representative Jack Trystman of certificates of appreciation to Carlotta Guy and Jeff Trujillo for their work on behalf of California's senior citizens. ROLL CALL 0 004 PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. A. PROCEDURAL MOTIONS 1. Consideration of a motion to read all ordinances and resolutions on this Agenda by title only, Recommendation - Approval. B. SPECIAL ORDERS OF BUSINESS - 1. Public Hearing on the following proposed (Third Quarter) amendments to the General Plan and Zone Text: 1) Mini - Variances, 24) Detached Accessory Buildings and 241) Accessory Buildings, 3) Residential Wall Heights, 4) Signs, 5) School Parking, 6) Coastal Development Permits, 7) TDR's - Transfer of Development Rights, and 8) Amplified Sound Permits; and, a Negative Declaration of Enviornmental Impacts in accordance with CEQA. Environmental Assessment EA -419, General Plan Amendment GPA 97 -3 and Zone Text Amendment ZTA 97 -3, Third Quarter Amendments. Applicant: City of El Segundo - (Citywide Amendments) and Hughes Electronics (TDRs - Transfer of Development Rigl9s), Recommendation - 1) Open public hearing; 2) Discussion; and, 3) Direct staff to draft Ordinance consistent with Planning Commission recommendations or consistent with alternative City Council direction; 4) Schedule introduction and first reading of Ordinance on December 15,1997; and/or, 5) Schedule a continued public hearing for a future date, if required; and/or, 6) Schedule a special joint City Council/Planning Commission Public Hearing/Workshop for a future date, if desired; and/or, 7) Other possible action /direction. C. UNFINISHED BUSINESS - Second reading and adoption of the following proposed (Second Quarter) amendments to the Zoning Code: 1) Parking Covenants, 2) Sound Transmission Control, and 3) Parking Demand Study Definition; and, a Negative Declaration of Environmental Impacts in accordance with CEQA. Environmental Assessment EA -408A and Zone Text Amendment Recommendation - 1) Discussion; 2) Second Reading of Ordinance by title only; and 3) By motion, adopt Ordinance. 0 005 D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - El SeBU_ndo Senior Housing Board's recommendation for Park Vista Management. Recommendation - The agreement between the Community Housing Management Services and the Senior Housing Board expires December 31, 1997. The Request for Proposal process has been completed and the Senior Housing Board recommends Community Housing Management continue their services. 2. El $egundo Senior Housing Board's 1998 Budget Proposal for Park Vista. Recommendation - The Senior Housing Board approved Community Housing Management's 1998 Budget proposal and is recommending its approval to City Council. E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 1. Warrant Numbers 242605- 243265 on Demand Register Summary Number 10 in total amount of $2.618.846.30. and Wire Transfers in the amount of 5166.594.76. Recommendation - Approve Warrant Demand Register and Authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and /or adjustments; and wire transfers from 10/28/97 to 11/12/97. City Council meeting minutes of November 4. 1997. Recommendation - Approval. Planning Commission Resolution No. 2396 determining that the Capital Improvement Program (CIP) is consistent with the adopted 1992 General Plan. as amended. Recommendation - Receive and file. 4. Request to authorize Lieutenant John Ogden to attend the 192nd Session of the FBI National Academy from January 11. 1998 to March 27. 1998 with expenditure not to exceed $1.700.00. Recommendation - Approve attendance. S. Quarterly review of the City's Investment Policies and Transactions for the months of April, Mai! and June. 1997 by Thomas. Bigbie & Smith. Recommendation - Receive and file. 6. The City Council is requested to approve the contract award for a Flexible Benefit Plans Administrator. pursuant to Section 125 of the U.S. Internal Revenue Code. Recommendation - Accept staff recommendation for the selection of Health Comp, Inc. as the City's Flexible Benefits Administrator. 1 I1. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS - CITY MANAGER - 1. Retire Police Canine (K -9) CITA and allow his handler, Officer Robert Turnbull, to purchase him. Recommendation - Execute Bill of Sale and receive indemnification waiver relating to the purchase of CITA. 2. Agreement to an existing lease with the Anthony Brent Corporation for property located at the southeast comer of El Segundo and Sepulveda Blvds. Fiscal impact: $23,850 of revenue per year. Recommendation - Approve the lease amendment and authorize the Mayor to execute same on behalf of the City. G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - NONE I. NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilman Gordon - NONE Councilman Weston - NONE Councilwoman Friedkin - NONE Mayor Pro Tern Wernick - NONE Mayor Jacobs - NONE PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. MEMORIALS CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec. 54960, rd =.) for the purposes of conferring with the City's Real Property Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation; and/or discussing 0 007 matters covered under Government Code section 54957 (Personnel); and/or conferring with the City's Labor Negotiators; as follows: Continuation of matters listed on the City Council Agenda for 5:00 p.m., November 18, 1997 under "Closed Session" (if needed). REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE: 1 r TIME: NAME: 11- 19 -97.ag 0 !?G° Proclamation City of El Segundo California WHEREAS, concerned communities are demonstrating a desire to accept a shared responsibility for the well -being of children; and WHEREAS, local fire departments, school districts, police departments, parents, and community members are joining together and building the neighborhood "Safe House" Program; and WHEREAS, the Los Angeles Area Fire Chief's Association supports the adoption of the "Safe House" program county wide; and WHEREAS, the County and City of Los Angeles Fire Departments have committed to having every fire station serve as a "Safe House'; and WHEREAS, the El Segundo Fire Department is joining this county -wide effort by designating, and identifying with a distinctive yellow placard in the front window, Fire Stations No. 1 and No. 2 as "Safe Houses ", where any child may go for safety or assistance when they encounter a threat or other emergency while en route to or from any elementary, middle, or senior high school; and WHEREAS, the El Segundo Fire Department wants to ensure that the community is aware of the "Safe House" program and will assist them in educating the children of El Segundo about the program's existence. NOW, THEREFORE, let it he known that the El Segundo Fire Department's "Safe House" program is now ready to serve the City of El Segundo's children. The Mayor and City Council commend and thank all involved in this project which will now permit the City to have established safe havens where children of the community will find protection and assistance in time of need. ll%ayor N.J. �ato6e %//aa�ore�ro Jnnom /q /a�n /c� Wi+rnic� Councilman oCian► Woet`on imn %proelamaWwAin.997 C,ounciGuoman v"'~ Jriadlrin Counci" i' L40 <orlon 0 h r. 9 EL SEGUNDO CITY COUNCIL MEETING DATE: November 18,1997 AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business AGENDA DESCRIPTION: Public hearing on the following proposed (third quarter) amendments to the General Plan and Zone Text: 1) Mlnl- Varlances, 2 -1) Detached Accessory Buildings and 2 -II) Accessory Buildings, 3) Residential Wall Heights, 4) Signs, 5) School Parking, 6) Coastal Development Permits, 7) TOR's - Transfer of Development Rights, and 6) Amplified Sound Permits; and, a Negative Declaration of Environmental Impacts in accordance with CEQA. Environmental Assessment EA -419, General Plan Amendment GPA 97 -3 and Zone Text Amendment ZTA 97 -3, Third Quarter Amendments. Applicant: City of El Segundo - (Citywide Amendments) and Hughes Electronics (TDR's - Transfer of Development Rights)); RECOMMENDED COUNCIL ACTION: 1) Open public hearing; 2) Discussion; and, 3) Direct staff to draft Ordinance consistent with Planning Commission Recommendations or consistent with alternate City Council direction; 4) Schedule introduction and first reading of Ordinance on December 15, 1997; and/or, 5) Schedule a Continued public hearing for a future date, if required; and/or, 6) Schedule a special joint City Council /Planning Commission Public Hearing/Workshop for a future date, if desired; and /or, 7) Other possible action/direction. INTRODUCTION AND BACKGROUND: On October 9,1997, the Planning Commission Adopted Resolution No. 2402 which recommends approval of revisions to the City's General Plan and Zoning Code. The Planning Commission Resolution was previously distributed to the City Council. These amendments include new proposed provisions to allow Transfer of Development Rights, which were held over from the first quarter amendments at the request of the applicant (Hughes Electronics). Additionally, proposed revisions for School Parking, Signs, Amplified Sound Permits, Detached Accessory Buildings, and Accessory Buildings, were all continued from the second quarter packet to this quarter's amendment packet and Residential Wall Heights were continued from the first quarter to the second quarter and are now included in this packet. Due to the large number of continued items, the complexity of some of the amendments, and the continuing staff absences, it was necessary to continue several items originally intended for inclusion in the third quarter packet until the fourth quarter amendment packet. These include proposed revisions to Non - Conformities, Maxlmlzation/Livable Neighborhoods and Residential Curb Cuts and Driveway Widths. ATTACHED SUPPORTING DOCUMENTS: 1. draft General Plan Amendments and Zoning Code Text Amendments, dated November 18, 1997 - Exhibits 1 through 8. FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: None. Amount Requested: Project/Account Budget: ProjecUAccount Balance: Date: Account Number: Project Phase- ORIGINATED: l Date: 05 November 1997 / Bret B. Z1a d . nl . Di ector Plannina and Buildina Safetv Date: // 3 _ /0y TAKEN: GPA/ZTA/ZC City Council Staff Report November 18,1997 DISCUSSION: The following discussion provides a brief background of each of the eight proposed Amendments, together with a discussion and analysis of the various options which the Planning Commission discussed and the final recommended changes. A brief summary of the Planning Commission's recommendations is shown at the beginning of each subject In bold type. Several of the proposed amendments may require multiple amendments such as a General Plan Amendment (GPA) and Zone Text Amendment (ZTA); and, therefore they have been organized so that there is only one discussion for each item to avoid duplication. Each proposed amendment also has multiple redlitteil�trikeetit exhibits associated with it. Each exhibit has been labeled with a header to easily cross - reference the exhibit to the appropriate proposed Amendment. 1. Mini- Varlance - Do not establish new mini - variance procedures using the current Adjustment process. Reorganize the current Adjustment Chapter (20.78) for clarification only, and to require that the Planning Commission receive and file the Director of Planning and Building Safety's decisions on adjustments (ZTA). (Exhibit 1) The proposed amendment to establish procedures for a mini - variance process was originally initiated by staff to include provisions which would accommodate minor deviations from certain development standards. Currently, Section 20.74.020 of the El Segundo Municipal Code (ESMC) provides authority for the Planning Commission to grant only Variances to allow for deviations from the existing standards contained in the Zoning Code. Variances are intended to resolve practical difficulties or unnecessary hardship that may result from the strict interpretation and application of the provisions of the City's Zoning Code. Chapter 20.78 (Adjustments) of the ESMC provides administrative procedures for granting an adjustment with respect to the height or location of a wall, fence, or hedge, and architectural landscape features. Additionally, this Section is proposed to be amended to allow noise permits and signs which exceed the standards of the Zoning Code. However, the existing Code does not provide flexibility through an administrative procedure to accommodate minor deviations from other development standards. Planning staff believes that Chapter 20.78 (Adjustment) could be utilized to accommodate administrative approval of minor deviations from certain development standards. The necessary findings as detailed in Section 20.78.040 would be applicable to these situations and the notification and hearing process would allow public review and input without being overly burdensome. The current Adjustment Section requires a noticed Public Hearing before the Director of Planning and Building Safety or a member of the Planning Commission. All property owners abutting the subject property must receive a notice a minimum of ten (10) days prior to the hearing. Findings must be made, conditions may be required, and the decision is appealable to the Planning Commission, and ultimately the City Council. However, to provide the Commission with other possible options, several other cities were contacted to identify what their requirements or criteria are for processing minor deviations from certain development standards. (Exhibit 1). Some cities provide administrative procedures for minor changes to development standards along with providing specific categories of uses and development standards which may be revised through an Administrative process. Other cities, such as Manhattan Beach and Palo Alto, allow administrative procedures for certain alterations and modifications to non - conforming pre - existing structures, and existing plans and development projects. The following summarizes some of the categories where administrative variances or mini - variances are used by other cities: a. Construction of a second or third story residential addition that would project into required setbacks or required open space when the pre- existing first or second story was legally constructed; and, reconstruction of raised grade stairways, architectural archways, covered entries, and covered porches in required yards and required open space for pre - existing structures; b. Projections where existing setbacks conform except for projections at local points in the building walls, such as for bay windows when the length parallel to the wall of any such projection is no greater than eight feet, or when the existing projecting element is no closer than three feet from the property line and no greater than one - quarter of the total length of the wall from which it projects; rI GPAIZTA/ZC City Council Staff Report November 18, 1997 C. The addition of awnings, canopies and signs that encroach into a required yard of a building occupied by a nonconforming use; d. Eaves, to match the existing eave projection when adding to an existing building, and when the new eave will also conform to the requirements of the Uniform Building Code; e. Side setback extensions; Up to 10 percent reductions in setback and open space requirements for existing buildings; g. The enlargement of windows in nonconforming buildings, and other minor structural alterations in nonconforming buildings, provided there is no increase in total floor area; h. Up to a 10 percent reduction in parking stall dimensions for structural reasons, when providing parking in existing buildings; Arbors or trellises in a rear yard, for privacy, when the grade of the adjacent property is higher than that of the subject property. Sides and tops of arbors and trellises are to be made only of framework or latticework, and must be at least fifty (50) percent open; Alternative reference point for height measurement for pre- existing structures that have height non - conformities; k. Reduction in minimum garage width and depth up to 2 feet for pre- existing structures that have garage dimension non - conformities; Floor area for ground floor commercial uses; M. Height of accessory structures located in a rear yard, but not a side yard; n. Architectural features and building line's requirements; o. A plan which has received site and design approval; and, P. A 20 percent reduction or measurement of 19 feet, whichever is less, for each lot dimension measurement. The Adjustment section could be written very broadly to allow a certain percentage (10 - 20 %) reduction for any development standard (i.e. heights, setbacks, lot coverage, F.A.R., parking, landscaping, lot area, etc.) or it could be more specific and only allow deviations from certain standards. The Planning Commission reviewed and discussed the approaches that different cities take for Administratively allowing Minor Deviations from the Zoning Code. The Commission felt that staff should be provided some minor flexibility in the Code, however, most of the examples provided were too broad. Additionally, two Commissioners (Chairman Crowley and Commissioner Boulgarides) felt that the Planning Commission should Receive and File the decisions of the Director of Planning and Building Safety on mini - variances; However, there was not clear direction from the majority of the Commission on this issue. Some Commissioners also felt these provisions should only apply to single story additions to existing buildings and not to new development, and that deviations from the Architectural Building Features standards should be included. The Commission asked staff to bring back recommended areas where this new administrative procedure may be appropriate. Based on the Commissions direction, staff suggested the following areas where mini - variances, using the existing Adjustment procedures, may be appropriate in all zones within the City: A maximum 10% reduction to any of the following development standards, for additions to existing structures only: 1) First story setbacks; 2) Lot coverage; 3) Height of detached garages; 0 012 OPAIZTAIZC City Council Staff Report November 18, 1997 4) Parking stall sizes and aisle widths; 5) First and second story intrusions; 6) Curb cut width; and, 7) Wall modulation, in R -3 Zones only. As the wall modulation - Architectural Building Feature standards in the R -1 and R -2 Zones provide more general and subjective standards, and do not require specific dimensions for how often Architectural Building Feature must be provided on a wall, the Adjustment procedure would not be appropriate to allow minor deviations from these Code requirements. Additionally, the City Council has provided policy direction to Planning staff that flat one - dimensional windows meet the requirements of Architectural Building Features (El Segundo Municipal Code 20.08.147) as a "... three - dimensional permanent exterior element ... ". The Council also directed staff to revise the Architectural Building Feature provisions to provide less subjective criteria, and this will be included in a future Zone Text Amendment Quarterly process. Based on this direction, staff did not believe that it is appropriate at this time to revise the Adjustment Section to include deviations from the Architectural Building Feature standards. The Commission extensively discussed the mini - variance procedures as proposed by staff and recommended 3 -1 (Commissioner Palmer) not to allow mini - variances. Although three of the Commissioners (Crowley, Boulgarides, and Palmer) agreed that very narrow provisions to allow minor flexibility in the residential areas only may be useful through a new mini- variance procedure, a majority could not reach a consensus on which provisions to apply the procedure to, and what limits may be appropriate. Vice -Chair Wycoff was opposed in general to the proposed mini - variance procedure. The Commission also discussed allowing decks and /or covered patios to exceed the maximum lot coverage allowed in residential zones. Although staff suggested that this may be accomplished through revising the definitions of Lot Coverage (20.08.535) and Roof (20.08.695), no direction was provided by the Planning Commission. Planning staff would also recommend several other minor revisions to the adjustment section, for consistency with the rest of the Zoning Code, which were not specifically discussed by the Planning Commission. Planning staff has discussed these minor revisions with the City Attorney and he concurs that these are non - substantive administrative changes. Section 20.78.050A Conditions, Indicates that adjustments become effective seven days from the day they are granted, unless an appeal Is filed. Staff would recommend that this provision be eliminated as it conflicts with Sections 20.78.040 Appeals and Chapter 20.82, which provide for ten day appeal periods after the date of the Planning Commission decision. Additionally, Section 20.70.040 Necessary Findings and the portion of the Section (B) which deals with the expiration of the approval is recommended to be relocated to a new Section 20.78.050 entitled Lapse of Approval. These proposed changes are shown as double underline /strikeout text in Exhibit 1 - Revisions Proposed by staff. 2. I. Detached Accessory Buildings - Revise definitions of Accessory (20.08.020) and Kitchen (20.08.508). Require new dwelling units, and additions to dwelling units, to be Internally Integrated and connected and If not, then require buildings to meet the requirements of detached accessory buildings. Do not require garages to be Internally Integrated with the dwelling unit; but If no Internal Integration, then no toilet allowed In garage. (ZTA) Exhibit 2 II. Accessory Buildings - Do not prohibit toilets, sinks, or "R" occupancy (USC), or limit electrical and plumbing, In detached accessory structures. (ZTA) Exhibit 2 These two amendments were initiated by Planning staff due, in part, to the City's active engagement In implementing Code Compliance procedures (City-wide) to identify and correct violations of the Building and Zoning Codes. These amendments would help address the problem of illegal units (mainly due to illegal conversion of {attached and/or detached) accessory buildings to dwelling units in residential properties). Staff believes that the current and past Codes have contributed (directly and/or indirectly) to pre -set the conditions for the illegal conversions of accessory structures to dwelling units. These two (originally separate) items have been combined to be discussed together, since they relate to each other. Additionally, the pertinent exhibits have also been combined and the Items appear as1 and Ill for Detached Accessory Buildings and Accessory Building respectively. 0 X13 GPA/ZTA/ZC City Council Staff Raport November 18, 1997 Currently, Zoning Code Section 20.08.020 defines "Accessory" as a building, part of a building or structure, or use which is subordinate to, and the use of which is incidental to, that of the main building, structure or use on the same lot. Furthermore, the Code mandates that when an accessory building and the main building share a common wall that the accessory building be considered a part of the main building. Additionally, Zoning Code Sections 20.20.25 (B), 20.22.025 (B) and 20.24.25 (B) permit accessory buildings in the Single - Family (R -1), Two - Family (R -2) and Multi - Family (R -3) Residential Zones, which do not contain a kitchen or kitchen facilities, a bathtub or shower, are not rented or used as a separate dwelling unit, and are not used for sleeping purposes. Since the Zoning Code does not prohibit accessory structures from containing toilets and sinks, and it has been the Department's (past and current) practice to allow sinks and toilets in accessory buildings. Furthermore, the Code mandates that a Covenant `which states that the accessory structure shall not be used as a dwelling unit or used in violation of the Zoning Code" be recorded prior to the issuance of a Building Permit, for any accessory building other than a garage. "Accessory structures" are allowed in R -1 and R -2 Zones up to a maximum of six - hundred (600) square feet in gross floor area, excluding the square footage of the garage. Other cities (Hermosa Beach, Torrance, Long Beach, Rancho Palos Verdes, Manhattan Beach, Palo Alto, Newport Beach, Santa Monica and Whittier) were contacted to identity what Planning and/or Building criteria are currently being used to mitigate the potential problems associated with accessory structures in residential zones being illegally converted to additional dwelling units. Some cities define exactly what type of accessory uses are allowed in residential uses along with providing specific development standards. Other cities, such as the City of Manhattan Beach, restricts the total number of plumbing fixtures that an accessory structure (guest house, or accessory living quarters) may have; and, the City of Rancho Palos Verdes restricts the size of drainage plumbing fixtures for sinks to 1.5 inches, which would prohibit the installation of a garbage disposal. Exhibit 2 provides some of the definitions and criteria that other cities apply to "Accessory" definition and "Accessory Structures." When reviewing and recommending any amendments, the Planning Commission was reminded that even though these items were being discussed as they relate to residential zones, the "Accessory" Definition is more broad and pertains to other zones, (e.g. commercial and industrial) and not only residential. Additionally, the Commission considered the following options or criteria for addressing the concerns related to Accessory Structures : a/ Enumerate the type of accessory uses permitted in residential zones; b/ Prohibit sinks, toilets, garbage disposal and /or "R" occupancy in residential accessory buildings; c/ Limit the number of plumbing fixtures; d/ Limit the size of drainage pipes in accessory buildings, which would prohibit showers, bathtubs and garbage disposals; e/ Limit the size of gas lines, which would eliminate stoves; f/ Prohibit 220 voltage, which would eliminate electric stoves; and/or g/ Require that attached accessory buildings be internally integrated and connected with the main building (dwelling unit). On August 28, 1997, the Planning Commission reviewed and discussed the information obtained from other cities and recommended that, 1 /Accessory Buildings be internally integrated and connected to the main building, to be considered part of the main building; 2/ that a garage attached to a house need not to be internally integrated with the house, however, if no direct access is provided between the garage and the house, then a toilet in the garage would be prohibited; and 3/garbage disposals be prohibited in Accessory Buildings. The Commission extensively discussed prohibiting toilets, however, ultimately it was undecided on prohibiting toilets in Accessory Buildings; as Commissioners Wycoff and Palmer were in favor of allowing toilets in Accessory Buildings and Commissioners Crowley and Boulgarides were against allowing them. On September 11 and 25, 1997, the Commission reviewed and recommended to the City Council approval of the proposed modifications to the "Accessory' and "Kitchen" definitions (Sections 20.08.020 and 20.08.505); and, Chapters 20.20, 20.22, 20.24 and 20.45 of the Zoning Code related to accessory buildings. The Commission was still undecided on prohibiting toilets in detached Accessory Buildings, as a 2 -2 tie vote is considered "No Action "; therefore the Planning Commission recommendation to maintain the Code as existing, which does not prohibit toilets in detached accessory buildings, is forwarded to the City Council. 0 014 GpA/ZTAIZC City Council Staff Report November 18, 1997 3. Well Helahts - No action or recommendation to revise standards for residential wall heights to limit fill to less than 6 feet. (ZTA) (Exhibit 3} The City Council directed staff and the Planning Commission to revise the standards for residential wall and fence heights, in order to minimize negative impacts on neighbors' privacy, light and air. Generally, the Zoning Code (Section 20.12.040) restricts wall, fence, and hedge heights to a maximum of 6 feet, if they are located outside of the front setback, and driveway and corner visibility triangles. However, retaining walls that contain fill are allowed to be up to a maximum of 10 feet in height (maximum 6 feet for the retaining wall portion plus 4 feet of open work fence). This Code provision favors properties with retaining walls that protect a fill since the maximum height that can be viewed from their side is 4 feet (if the fill is 6 feet in height), however, it imposes upon properties located on the other side of the wall since they may be faced with up to a 10 foot high wall. If a retaining wall holds cut (maximum height not specified), it may be topped by a wall, fence or hedge that has a maximum height of 6 feet (in the side and rear setback) or a maximum height of 42 inches (in the front setback). In this instance, the property which is protected by the retaining wall, is also the property most affected by the visual impact of the wall, and not the neighbor. Thus, modifications to retaining walls holding cut should not be much of a concern since the property most affected is not the neighboring properties. The diagram below illustrates the current height standards for retaining walls, which was adopted in 1993 as part of a comprehensive Zoning Code update and as later revised [Section 20.12.040 (A) of the El Segundo Municipal Code]: RETAINING WALL _ : FILL' • ',' CONTAINING FILL 6, ffAL DIAGRAM A DIAGRAM B 188100 KI @~ Diagram A depicts the following: Maximum 6 foot high retaining wall (containing fill), plus a maximum 48 inch high open work fence. The maximum total height allowed= 10 feet. Diagram B depicts the following: 1) Retaining wall with no maximum height (holding cut), plus a maximum 6 foot high fence, wall or hedge (rear and side yard - for interior or comer lots); and, 2) Retaining wall, with no maximum height (holding cut), plus maximum 42 inch high fence, wall or hedge (front yard - for interior or corner lot). The wall height standards for reverse corner or key lots would be less In the visibility triangle area. Based on the City Council's direction and in order to be consistent with the general provision of the Zoning Code that regulates heights of walls and fences in residential zones, staff recommended to the Planning Commission that the total height of all walls that protect a fill be restricted to a maximum of 6 feet in height (staff did not recommend the maximum allowable height for retaining walls holding cut). Staff's proposed standard would be consistent with the objectives and intent of the Zoning Code that regulate fence and wall heights and would also provide for privacy, air and natural lighting to neighboring properties. In addition, because the Uniform Building Code (UBC) requires a 42 inch high guardrail for any finished surfaces which are more than 30 inches above finished grade, the new proposed provision would limit fill heights to only 30 inches. With staff's proposal, fill would be limited to 24 inches in areas with required pool fencing, since the UBC requires a 48 inch high fence around pools. Property owners would be able to 0 015 GPA/ZTA/ZC City Council Staff Report November 18, 1997 request additional fence or wall height since the Zoning Code allows a fence or wall up to 8 feet in height with the approval of an Adjustment (Section 20.12.040(C)). Staff also presented the Commission with the wall heights standards from several Cities in an effort to present it with various options to consider. In brief, some Cities had similar wall/fence height standards (Manhattan Beach, Redondo Beach and Hermosa Beach) and other Cities implemented their own standards (Santa Monica, Burlingame and Portland). Manhattan Beach, Redondo Beach and Hermosa Beach have similar wal/fence height standards because each allows a maximum 6 foot high wal/fence in the required side and rear yards. On the other hand, Santa Monica and Burlingame's wall/fence height standards range from a maximum of 7 feet to 8 feet, and Portland's maximum wall/fence height is dependent on the height of other structures on the property. Please refer to Exhibit 3 for further details. When staff presented its proposal to restrict the height of retaining walls containing fill to a maximum height of 6 feet, the Commission's consensus was that the protection of privacy was of greater concern to residents than the impacts of tall neighboring walls and fences, in certain circumstances. One of the Commission's proposals was to allow a six foot tall solid privacy wall, on top of a maximum six foot tall retaining wall (for a total wall height of 12 feet), when located on the rear property line, but only if the rear property line abuts another rear property line. As an alternative, the Commission also discussed allowing a maximum six (6) foot tall retaining wall topped with a maximum (six) 6 foot tall open work fence above it (for a total height of 12 feet), instead of a solid 6 foot high block wall, along the rear property line. With regards to the side walls, the Commission discussed a proposal to allow a maximum six (6) foot tall retaining wall with a maximum 42 -inch solid block wall on top of the retaining wall, with the remainder being an open work fence (maximum 6 foot tall retaining wall + maximum 42 -inch high solid block wall + maximum 30 -inch high open work fence), not to exceed a total height of 12 feet. The proposal included the provision that the side wall should gradually step down as it went from the rear yard towards the front yard. The Commission did not indicate the amount of "stepping" that would be allowed as the side wall transitioned from the rear yard to the front yard, and there was no consensus from the Commission on this proposal. Staff expressed its concern to the Commission that it was deviating from the City Council's initial direction and objective, which was to reduce the current permitted residential wall heights standards in order to minimize the negative impacts that walls, fences and hedges could have on a neighbors' privacy, light and air. However, the Commission's discussions were oriented towards increasing the current wall height standards, instead of attempting to reduce it. After staff voiced its concern, individual Commission members made various recommendations, such as maintaining the current residential wall height standards as they are, allowing solid twelve (12) foot high walls on the rear and side property lines, and prohibiting twelve (12) foot high walls along the side. Since there was no consensus among the Commissioners, it made no recommendation and no action was taken. 4. pfd - Revise Sign requirements, Including political signs (GPA & ZTA). {Exhibit 4) Chapter 20.60 of the El Segundo Municipal Code (ESMC) presently provides requirements for the placement and installation of signs in the City. Since the adoption of the Zoning Code in November 1993, both the City Attorney and Planning staff have determined that it might be appropriate to revise and reformat several sections of the regulations to make the Sign Code more inclusive and easier to read. The revisions to the Sign Code were originally part of the second quarter amendments, but due to additional research requested by the Planning Commission with regards to political signs and signs in residential zones (e.g., garage sale signs), staff felt it appropriate to continue the discussion of Sign Code revisions to afford the City Attorney enough time to review the legal issues involved with regulating such signs. Planning staff contacted other nearby cities (including Rancho Palos Verdes, Manhattan Beach, and Santa Monica) to identify what criteria are currently being used for their sign permit processes and development standards. Based on this criteria and input from City staff and the City Attorney, staff has revised the existing sign regulations and drafted new provisions where appropriate. 0 01 6 GPA/ZTA/ZC City Council Staff Report November 18, 1997 The following outlines the proposed modification to the Sign Code: 1. The more general provisions which apply to all signs have been placed at the beginning of the Chapter. 2. The requirements for the Master Sign Plan and Common Sign Plan (Section 20.60.060), were combined into one process, since there was very little difference in the two procedures, and to date both processes have not been used. Staff proposed increasing the time frame for reviewing and acting upon a Sign Plan from 5 and 7 days, respectively, to 10 and 14 days, respectively. Additional clarification has been added to differentiate the review process for a Sign Plan versus an individual Sign Permit. 3. A Sign Adjustment procedure (Section 20.60.070) has been included to provide flexibility in the regulations to address those situations when a business requests signage which does not meet the standard set forth in the chapter. 4. Staff revised the requirements for freestanding pole signs to include a 150 square foot size limit and a 30 foot height limit. The Zoning Code currently does not contain a standard for maximum size or height. 5. Staff revised the requirements for temporary signs to distinguish between special event signs, real estate signs, construction signs, and announcement signs. A definition for announcement signs has been developed for inclusion in Chapter 20.08 of the Zoning Code (Definitions). These would be allowed only during the construction of a new building or while tenant improvements are being constructed. Maximum size requirements and maximum time limits for their display have been included for each of these signs. In order to clarify the permitted locations of signs, staff proposed to add a section (20.60.060 (1)] on setbacks to require that all signs be a minimum of 5 feet from property lines when a setback is required. 6. In residential zones, staff proposed to add a provision to permit open house signs on properties for sale (20.60.090 B.) and to permit non - conforming commercial uses in residential zones, excluding home occupations. Size limitations have been included for open house signs (6 square feet), construction signs (32 square feet), and subdivision/tract sale signs (32 square feet). 7. Staff also proposed prohibiting signs which emit sounds (except in conjunction with a drive -thru ordering menu board), odors, or visible matter (Section 20.60.110). 8. Staff proposed the Commission also consider revisions to address nonconforming signs and the abatement of illegal and abandoned signs. Pursuant to State law, when a Sign Code is revised, an inventory of all illegal and abandoned signs in the City must be commenced by the City within 120 days of adoption of the revisions. To implement the State requirements, staff has added definitions of abandoned signs and nonconforming signs; and, drafted Sections 20.60.130, 20.60.140, and 20.60.150 based on input from the City Attorney. The existing language has also been revised either based on input from the City Attorney, or to conform with the existing language and format used in the Zoning Code. At the July 10, August 14, 28, and September 11, 1997, Planning Commission public workshop and Public Hearings, the Commission reviewed proposed modifications to Chapter 20.60 related to signs. The Commission provided direction to staff to provide additional revisions to the sign chapter to prohibit billboards, to examine different standards for pole signs in different zones or areas of the City, to address time limits for announcement signs, to review safety issues related to animated signs, and to make other minor revisions. Additionally, staff reminded the Commission that the Adjustment section of the Zoning Code (Chapter 20.78), as well as Section 20.60.070, Sign Adjustment, were proposed to be revised to allow signs to exceed any of the standards set forth in Chapter 20.60, through review and approval of an Adjustment. 0 017 GPAIZTAIZC City Council Staff Report November 18, 1997 Staff revised the following sign regulations, based on the Commission's direction and based on additional discussions with the City Attorney: 1. Off -Site Slgnage - In order to address off -site signage, staff revised the definition of billboards to only pertain to signs not related to the use of the property on which they are located and added billboards as prohibited uses in Section 20.60.110. Due to the change in definition and the prohibition on off-site signs in Section 20.60 110 E., staff recommended removing Section 20.60.110 I. which prohibited signs within 500 feet of a state or county highway. The intent of this Section would be covered by the general off -site sign prohibition. Signs identifying a tenant within a building, such as those on the sides of buildings along Imperial Highway, were exempt from the 500 foot limit and would still be allowed as permitted wall signs. The Commission accepted staff's proposed changes to the definition of billboards and other sections to prohibit off -site signage throughout the City. 2. Palo $jgpll - Staff added language to prohibit freestanding or pole signs in the C -RS and C -2 zones (Section 20.60.080 E.) to address the Commission's concerns with signage in the downtown area. Pole signs up to a maximum of 30 feet in height and a maximum of 150 square feet in area would still be allowed in other commercial and industrial zones. Staff also suggested that the Planning Commission may also want to consider prohibiting pole signs in the Small Business (SB) and Medium Manufacturing (MM) Zones in Smoky Hollow, as there are residential uses within and abutting this area and Smoky Hollow is not a major commercial area. It is primarily industrial in nature. The Planning Commission reviewed this proposal and directed staff to provide additional information related to how pole signs are regulated in other cities. The Commission then accepted the recommendation of staff to bring this item back at a future date with additional analysis, including a survey of pole sign requirements in other cities, separate from the third quarter amendments, in order to avoid delaying the rest of the sign amendments and the third quarter review. Therefore, staff deleted the proposed revisions and merely moved the existing provisions which allow one pole sign per street frontage for projects with multiple uses from Section 20.60.050 (Sign Plan) to Section 20.60.080 E. (Signs in non - residential zones). Pursuant to Commission direction, staff also proposed amending General Plan Land Use Element Policy LU -15.2 to include language discouraging pole signs in the City. These recommendations were accepted by the Planning Commission. 3. Announcement Signs - Pursuant to the Commission's direction, staff added a one year maximum duration for which Announcement Signs (Section 20.60.080 H4.) could be used for a new development or business. One year should be adequate for most projects to complete design and construction. 4. Political Signs - Staff revised the maximum permitted size of political signs to ensure that these signs are not regulated more strictly than signs with a commercial message. According to the City Attorney, courts have not looked favorable on sign regulations that restrict protected political speech more severely than non - protected speech (i.e., advertising). Therefore, political signs would be permitted to be as large as the largest commercial signs in the different zones. In the City's case, this would be 32 square feet in residential zones and 500 square feet in non - residential zones. The Commission discussed the size of political signs and concurred with staff that political signs, as protected speech, would be permitted to be as large as the largest commercial signs in the different zones. This size was proposed to be a cumulative total 32 square feet in residential zones and 500 square feet in non- residential zones. Subsequent to this, and based on input from a member of the public, staff proposed additional language to limit the cumulative total of political signs and other residential signs on a property to 32 square feet, but no individual sign could be more than 6 square feet and must be a minimum of 3 inches apart from another sign. This was intended to address the concerns expressed by the Commission with regard to the maximum size of political signs. The consensus of the Commission was to reaffirm its earlier direction to accept the proposed amendment to limit the cumulative total of political signs and other residential signs on a property to 32 square feet. The Commission ultimately chose = to incorporate a limit on individual political signs of 6 square feet with a minimum of 3 inch spaces from another sign within the 32 square feet cumulative total. 0 0 .i F OPAfZTA/ZC City Council Staff Report November 18, 1997 5. Flashing and Moving Signs - Staff attempted to clarity that flashing and moving signs would only be prohibited if the colors in the sign or their location would interfere with vehicular safety (Section 20.60.110 I.). In a related revision, staff added animated signs as permitted in non - residential zones (Section 20.60.080 B.) on freestanding buildings. Staff requested that the Commission also consider whether it might be appropriate to allow store front signs, pole signs, and monument or ground signs to contain animated signage. At the recommendation of staff, the Commission agreed to create a general prohibition on flashing, moving, or rotating signs, with certain exceptions, such as moving barber pole signs and other signs which are consistent with the purpose of Chapter 20.60. These signs would be subject to approval of the Director of Planning and Building Safety. Section 20.60.110 I. was revised to reflect this change. Additionally, animated signs were removed from the permitted uses on freestanding buildings in Section 20.60.080 B. The Commission then accepted the proposed sign revisions. 6. Temporary Signs - Staff suggested that animal or human beings used as signage should be listed in the Temporary Signs subsection of Section (20.60.080 H.), provided they would not be located on public property or in the public right -of -way. The revised text to address animals or human beings used as signage was accepted by the Commission. 7. Public Right -of -Way Signs - In order to ensure that no new right was being granted for signs in the public right -of -way, staff and the City Attorney recommended deleting Section 20.60.120 B., which allows temporary signs in the public right -of -way. Since all public signs, emergency, and construction signs are covered in other subsections of this section, staff felt it appropriate to eliminate this subsection to prevent signs such as political, real estate, open house or garage sale signs from being placed in the public right -of -way. Again, political signs may not be regulated more strictly than any other types of signage. Pursuant to the recommendation of staff and the City Attorney, the consensus of the Commission was to support staff's recommendation. Murals and Works of Art - In order to avoid confusion as to what type of message might be considered a commercial message on a mural versus simply "artwork ", staff and the City Attorney recommended deleting Section 20.60.100 C. which exempted murals from the sign regulations. While the Commission did accept staff's recommendation to delete Section 20.60.100 C. which exempted murals from the sign regulations, the Commission requested staff review the procedures for processing requests for murals. Staff recommended adding non - commercial Works of Art, such as historical and community murals, as a permitted use (Section 20.60. 080 M.), and allowing works of art to exceed the 500 square foot sign limit, without City Council approval. Works of art intended for commercial purposes would be considered as signage and regulated the same as other signs in the Zoning Code. 9. Abandoned Slans - Staff recommended that the Planning Commission amend Section 9.54 which addresses property maintenance regulations to provide a consistent time period for when a sign would be considered abandoned. The Commission had already reviewed a new definition of abandoned signs (Section 20.08.723) which included a ninety day period from time of discontinued use to abandonment. By revising Section 9.54.020 (m) from forty -five days to ninety days, the enforcement regulations in the Municipal Code would be consistent with the regulations in the Zoning Code. The Commission accepted staff's recommendation to revise Section 9.54.020 (m) of the Municipal Code. Staff also proposed that Section 9.54.020(m) indicate the ninety day period is intended to be ninety consecutive days, which would be consistent with the definition of an abandoned sign. The Commission expressed concern that existing sign structures, which may be remain after a business has vacated a building, may not always be a public nuisance after ninety days which should be abated pursuant to Section 20.60.150. As a result, staff proposed revising the definition of an abandoned sign to exempt sign structures on properties or buildings which are actively available for lease, unless the Director of Planning and Building Safety determines the signs are a public nuisance, as specified in Section 20.60.040, in which case the sign could be abated, pursuant to Section 20.60.150. This would allow signs to remain as long as the property is intended to be used again, which is similar to how non - conforming buildings are currently treated in the Zoning Code. The consensus of the Commission was to accept this recommendation. 0 011) 10 GPAIZTA/ZC City Council Staff Report November 18, 1997 There are other minor drafting changes that have been added to the revised redline /strikeout attachment (Exhibit 4). Amended sections which were previously reviewed by the Commission, and were depicted with shading in the Planning Commission Agenda Packets, have now been unshaded and simply retain the double underlining or strikeout to indicate that the text has been revised. S. School Parkins - Revise the parking standards for private high schools to require seven (7) spaces per classroom, plus auditorium and stadium parking. For adult schools, require one (1) space for every fifty (50) square feet of gross floor area or one (1) space for every three (3) fixed seats, whichever Is greater, or as modified by a parking demand study. (ZTA) (Exhibit 5) At the June 18, 1996 City Council meeting, Councilman Liam Weston expressed concern that the current Zoning Code does not include an appropriate parking requirement for adult level schools, since a greater number of parking spaces are required for high schools rather than adult schools. The Council directed staff to revise the Code to provide a greater number of parking spaces for adult level schools than high schools. Based on this concern and Council's direction, staff contacted other cities to identify what parking requirements they are using for the aforementioned uses and presented these findings to the Planning Commission for its review and consideration. On April 24, 1997, Staff presented the Planning Commission with information obtained from several cities (Rancho Palos Verdes, Torrance, Manhattan Beach, Hermosa Beach, Santa Monica and Redondo Beach) about their parking requirements for high schools and adult level schools (Exhibit 5, Page 3). Staff informed the Commission of its findings which indicate that three (3) of the surveyed Cities did require less parking for high schools than adult level schools, however, two (2) of the Cities did not have any specific provisions for high schools, and one (1) of the Cities required a fixed minimum number for each parcel of land used for a high school. The Planning Commission then directed staff to obtain similar information from cities outside of the South Bay area, preferably those cities that are the same size as the City of El Segundo or those that have adult schools within their jurisdictions. At the July 24 and August 14, 1997 Planning Commission meetings, staff presented the Commission with information obtained from six (6) cities outside of the South Bay area (Laguna Hills, Long Beach, Newport Beach, Palo Alto, Santa Monica and Whittier), regarding their parking requirements for high schools and adult -level schools (Exhibit 5, Page 2). Staff analyzed the information and concluded that there is no set parking standard for high schools or adult schools which the six (6) surveyed jurisdictions adhere to and each City determines its parking requirements based on its own individual needs. For example, with regards to the parking standards for high schools, the Cities of Newport Beach and Whittier determine their off - street parking requirements through the Use Permit process. The City of Santa Monica, on the other hand, requires a minimum 50 spaces plus an additional four (4) spaces for each classroom; and, the other three (3) cities -- Laguna Hills, Long Beach and Palo Alto, determine their required parking on a "per classroom" basis (i.e., X spaces per classroom), and the requirements vary from one and a half (1 'h) spaces per classroom (Laguna Hills) to four (4) spaces per classroom (Palo Alto) to seven (7) spaces per classroom. With regards to the parking requirements for adult level schools, staff informed the Commission that it came to the same conclusion, which is that there are no set standards which the six (6) surveyed cities conform to. Like the parking requirement for high schools, the City of Newport Beach also determines its required parking for adult level schools through a Use Permit process. The other five (5) cities, on the other hand, determine their required parking based on gross floor area (GFA), number of students and faculty/employee, maximum occupancy, number of fixed seats or on a "per classroom" basis, and, if two methods are used, the method which results in the highest number of spaces is adopted. Staff presented the Commission with several options on how to amend Section 20.54.030 (13)(11) to address the City Council's Concerns. These options were: Amend the Section to reflect that the parking requirements for high schools and adult level schools would be calculated on a per classroom, per gross floor area (GFA), maximum occupancy or number of fixed seats basis; 2. Amend the Section to state that the parking standards for high schools and adult schools would be determined through a Use Permit process (i.e., Conditional Use Permit or Administrative Use Permit); 11 0 020 WAWA= City Council Staff Report November 18, 1997 3. Amend the Section to state that the parking standards for high schools and adult level schools would be based on a parking demand study; 4. Maintain the Section as existing; or, 5. Combine any of the above options to form a new proposal. After reviewing and discussing staff's findings, and the options which were presented, the Commission expressed its preference to have parking standards similar to the City of Long Beach. It's recommendation is as follows: the parking requirement for private high schools should be 7 spaces per classroom, plus the parking requirements for auditoriums or stadiums; the parking requirement for adult -level schools should be 1 space for every 50 square feet of gross floor area or 1 space for every three (3) fixed seats, whichever is greater, or as modified by a Parking Demand Study. The redline /strikeout version of Section 20.54.030 (B) (11) (b)(c) of the ESMC (as recommended by the Planning Commission) is presented as Exhibit 5, Page 1. 6. Coastal Developments Permits - Develop a public hearing waiver for minor Coastal Development Permits. The Director of Planning and Building Safety would make the determination to approve a minor development If it Is consistent with the proposed criteria and the Planning Commission would receive and file the application at Its next available meeting. (ZTA) (Exhibit 6) This amendment was initiated by staff in accordance with Assembly Bill 1303, which went into affect on January 1, 1996. This law allows the waiver of public hearing requirements for certain minor developments in the Coastal Zone. Prior to this, State regulations required that coastal cities with a Certified Local Coastal Program (LCP) hold a public hearing on any coastal development permit application which was appealable to the Coastal Commission. In an effort to streamline the permit review process, staff recommends that the City take advantage of these new voluntary regulations and amend our local regulations (Chapter 20.92 of the Zoning Code) which is part of our Certified LCP, to implement the public hearing waiver. Accordingly, staff has prepared revisions to Chapter 20.92 to implement the criteria established in the new State regulations (Public Resource Code 30624.9). The criteria include several provisions to insure that public notification of a proposed development in the Coastal Zone is maintained and that the development is "minor." These include requiring that the public be given a fifteen (15) day notice of the proposed decision and that if a written request for a public hearing is received, then a public hearing must be conducted. This procedure is similar to the procedure the City currently uses for Large Family Day Care Permits. In order to qualify as a minor development, the draft regulations include the State requirements that: 1) the project is consistent with the LCP; 2) the development requires no discretionary approvals other than a Coastal Development Permit; and, 3) the development has no adverse effects, either individually or cumulatively, on coastal resources or public access to the shoreline. Thus, if the waiver procedures are adopted, a minor development would still be approved by the Planning Commission, only without a public hearing, unless one was requested. A minor coastal development could be placed on the Planning Commission agenda as a consent item. The Council could also choose to streamline the process further by allowing the Director of Planning and Building Safety to approve minor development coastal permits. In this instance the Planning Commission would not receive the application at all. On August 14, 1997, the Planning Commission reviewed the proposed amendments to Chapter 20.92 to introduce a waiver of the public hearing process for Coastal Development Permits (CDP), as authorized by Section 30624.9 of the California Coastal Act. The Commission directed staff to clarify that the Planning Commission would still receive and file CDP applications for minor developments. As a result, staff added Section 20.92.065 C. to clarify that the Director of Planning and Building Safety would make the determination to approve a minor development if it is consistent with the proposed criteria and the Planning Commission would receive and file the application at its next available meeting. In response to suggested revisions from the legal staff of the California Coastal Commission, Planning Staff revised Section 20.92.065 B. to more clearly indicate that all three findings in Section B. are required by the Coastal Act and that the 15 -day appeal period is intended to be 15 working days, as specified in the Coastal Act. The Planning Commission recommended adoption of the draft text as revised by the Coastal Commission staff. 12 0 9231. GPAIZTAJZC City Council Staff Report November 18, 1997 In order to implement the proposed amendment, the California Coastal Commission must also approve the revisions as a de minimis (minor) amendment to our LCP. Upon adoption of the proposed amendment by the Council, staff will submit the amendment to the Coastal Commission for review and (anticipated) approval. 7. TDB's - Transfer of Development Rights - Establish very limited General Plan and Zoning Code provisions for the Transfer of Development Rights ( TDR's) (GPA, ZTA). (Exhibit 7) In February 1996, Hughes Electronics submitted applications for a General Plan Amendment and Zone Text Amendment, to allow the Transfer of Development Rights (TDB's). The item was discussed over several months by the Planning Commission and the City Council; and, ultimately the Council took no action on the application. TDR's was re- agendized as part of the first quarter amendments initiated by the City Council in December 1996. On March 27, 1997, the Planning Commission discussed draft Zone Text Amendments to establish TOR standards; and, did recommend the adoption of very narrow provisions to allow Transfer of Development Rights. On June 17, 1997, the City Council, at the request of the applicant Hughes Electronics, continued the discussion from the first quarter to the third quarter. Thus the proposed revisions to establish TDR's have already been reviewed once by the Planning Commission and the Planning Commission recommendation from March 27, 1997, is now again being forwarded to the City Council with the rest of this third quarter packet. The draft text, attached as Exhibit 7, has not been modified since the Planning Commission recommended approval on March 27, 1997. TDB's would allow a property to increase its building square footage by purchasing allowed building square footage from another site. There would be no net increase in the allowed building square footage, just a transfer of that square footage from one property (donor site) to another (receiving site). The following key provisions of the proposal, as drafted by the City Attorney and staff, which address the previous concerns of the Council, Commission, and staff, have been incorporated into the proposed TDR Zone Text Amendment: a) The purpose of Transfer of Development Rights is to reduce the impacts of the potential increased development on properties west of Sepulveda Boulevard and allow new development east of Sepulveda, while minimizing traffic impacts and maximizing public benefit. b) The properties involved in the transfer must be under common ownership. C) Transfers would only be allowed from donor sites west of Sepulveda Boulevard, from the C -3 and CO Zones, to receiving sites east of Sepulveda Boulevard, to the C -3, CO, MU -N, MU -S, and M -1 Zones. Transfers between parcels east of Sepulveda Boulevard would be prohibited. d) Transfers of FAR would only be permitted gill; of the area west of Sepulveda Boulevard, not into these areas. e) The total square footage of transfers may not exceed 10 percent of the total buildout square footage for each zone, as specified in the General Plan Summary of Buildout (Exhibit LU -3). This provision would ensure consistency within the established General Plan land use balance. f) A minimum net floor area of 25,000 square feet may be transferred. g) The new floor area must conform to all requirements of the Zoning Code, except FAR, for the receiving site. h) Receiving sites may not abut or take access off of Sepulveda Boulevard. 1) The donor and receiving sites must be located in the same Traffic Analysis Zone (TAZ) and all potential traffic impacts associated with the proposed TDR must be evaluated and mitigated. j) The TDR would require approval of a Transfer Plan by the Planning Commission through the Public Hearing process, noticed to all property owners within 300 feet of both the donor and receiving sites, with the decision appealable to the City Council. k) The Transfer Plan must indicate the proposed uses for both the donor and receiving sites. 1) The Transfer Plan must compensate for any potential impacts such as aesthetics, noise, smoke, dust, fumes, vibrations, odors, traffic, and hazards. m) The Transfer Plan must provide a public benefit such as improved traffic circulation, open space, recreational facilities, landscaping, pedestrian access, or other public benefit. n) The Transfer Plan must be consistent with the General Plan. o) A covenant detailing the TDR approval and conditions must be recorded on both the donor and receiving sites. W The covenant shall lock in the FAR's at the time of the approval of the Transfer Plan, however the owner could apply for a subsequent amendment. 0 022 13 GPA/ZTA/ZC City Council Staff Report November 18, 1897 q) A Title Insurance Policy in an amount equal to the value of the Net Floor Area (NFA) being transferred is required. The provisions as proposed would severely limit the amount of square footage that could be transferred. Hughes has approximately 146,000 square feet of potential transferable square footage west of Sepulveda Boulevard and Development Rights cannot be transferred into the Sepulveda corridor, which will encourage new development in areas less impacted by traffic. In order to ensure that the General Plan Land Use Element balance is maintained, the Planning Commission requested that staff develop the following scenario. Hughes Electronics property located west of Sepulveda Boulevard at 1700 East Imperial Avenue is in the CO Zone which has a maximum total buildout (for the entire CO Zone) of 12,351,000 square feet. The Hughes property is 419,918 square feet in area, the Zoning Code allows a maximum building area of 335,935 square feet (419,918 x 0.8), the existing building square footage is approximately 190,000 square feet and the maximum allowable additional square footage on the site is 145,935 (335,935 - 190,000). This square footage equals approximately 1.18 percent of the total buildout square footage of the CO Zone. This is the maximum square footage that Hughes could transfer, and their representatives previously stated to staff that they anticipate the square footage would be transferred to their satellite facility east of Sepulveda Boulevard, which is located in the M -1 Zone. The transfer of 145,935 square feet from the CO Zone west of Sepulveda Boulevard to the M -1 Zone east of Sepulveda Boulevard would add approximately 0.79% to the total buildout square footage of the M -1 Zone, which is 18,529,000 square feet. In response to the Planning Commission's questions regarding why Title Insurance is required, the City Attorney advised staff that this clause would protect the City in case the Transfer Plan is not properly recorded. If the plan is not recorded property, a new owner purchasing a donor site may not be aware that they will not be permitted to build to the density allowed in the Zoning Code. If this happens, the Title Insurance would then cover any potential legal costs incurred due to litigation and the City would not bear that expense. Additionally, the Title Insurance Policy will ensure that both donor and transfer site properties are under common ownership, which is a requirement of the provisions, and there is no "cloud" on the Title with respect to property ownership. The Planning Commission also discussed establishing an overall plan or vision for specific sites of public benefit and providing incentives for historic preservation by encouraging those sites to become donor sites. Both of these suggestions are beyond the scope of this proposed Transfer of Development Rights Amendments, which is a Zone Text Amendment request from Hughes Electronics and the provisions are very focused and limited in the type and volume of transfers which may be permitted. A future amendment to the Transfer of Development Rights provision may be initiated to expand the provisions to address these issues, if the City Council directs staff to do so. Additionally, the Land Use Element of the General Plan is proposed to be amended to allow provisions for the Transfer of Development Rights, Exhibit 7 specifies that "The allowed FAR may be exceeded for properties East of Sepulveda Boulevard only with approval of a Transfer of Development Rights Plan. ", and a new policy is proposed (Policy LU 5- 4.1) which states "Develop guidelines for permitting the Transfer of Development Rights (TDR'S) with clearly identified public benefit objectives." The Planning Commission and staff believe that the proposed Amendments, allowing the Transfer of Development Rights (TDB's), as detailed on Exhibit 7 address the concerns previously raised by the Planning Commission and City Council. 8. AMpjified Sound Permits - Limit number of Amplif led Sound Permits per address to four (4) In any one calendar year (Chapter 9.06). Applicants may apply for an Entertainment Permit (Chapter 5.36) or an Adjustment (Chapter 20.78), for construction noise permits, for more than four (4) permits per year (ZTA). This item is also a continuation of an item which remained unfinished as part of the second quarter amendments due to the City Attorneys request to review the legal issues involved with the possible limitation of the number of Amplified Sound Permits which may be issued per year. This amendment was originally initiated by staff. Section 9.06.090 of the El Segundo Municipal Code (ESMC) currently allows an applicant to exceed the noise levels specified in Chapter 9.06 of the ESMC, in order to have an event with amplified sound or other activity which reasonably exceeds the maximum allowed noise levels, or is beyond the hours specified in the ESMC. According to the ESMC, in determining 14 p ��3 GPA/ZTA/ZC City Council Staff Report November 18, 1997 whether to grant or deny an application, the noise control officer (currently the Director of Planning and Building Safety) must balance the hardship to the applicant, the community and other individuals, of not granting the permit against any adverse impact on individuals or property affected; and any other adverse impacts of granting the permit. However, the ESMC does not currently include provisions to limit the number of permits issued for an individual premise or applicant annually. Staff identified that there have been eight (8) and nine (9) Amplified Sound Permits issued for certain premises in 1996 and twelve (12) and twenty four (24) in 1997, (Anthony's and Panama's restaurants) where numerous complaints were received regarding excessive noise and vibrations. Planning staff believes that it would be appropriate to place a limit on the number of Amplified Sound Permits issued per address annually. Staff recommended to the Planning Commission limiting the number of permits issued to the same address to four (4) in any calendar year. In the event the applicant wants to exceed the maximum number of permits allowed annually on the premise, the approval of an Entertainment Permit, as specified in Chapter 5.36 (Entertainment Regulation), of the ESMC would be required. On April 24, 1997, the Planning Commission consensus was to limit the number of Amplified Sound Permits (Section 9.06.090 El Segundo Municipal Code) to a maximum of four (4) per year, per premises, consistent with staff's recommendation. On May 8, 1997, the Commission recommended that Noise Permits (for construction) that exceed four per year at one premises be subject to an Adjustment Application (Chapter 20.78) since the necessary findings as detailed in Section 20.78.040 would be applicable to the situation. Language has been incorporated into Section 20.78.010, similar to the language that the Planning Commission recently recommended allowing Architectural Building Features to exceed the established Code criteria. Staff has incorporated text into Section 9.06.090 (depicted with shading in Exhibit 8), to reflect the revisions recommended by the City Attorney. The purpose of these revisions is to clarify, that the review of an Amplified Sound Permit will not be based on the content of the speech or type of music which might be amplified. On July 10, 1997, the Planning Commission reviewed the regulations for Amplified Sound Permits and the consensus of the Commission was to accept and recommend to the City Council approval of the new language proposed by the City Attorney. No other changes, other than the revisions to the Adjustment Section as discussed under mini - variances as well as the changes recommended by the Planning Commission with the Second Quarter revisions, are proposed. An Initial Study/Negative Declaration of Environmental Impacts is required to evaluate the potential impacts which may be caused by the proposed regulations. Since a Negative Declaration requires a minimum 21 -day public notice and circulation period (due to Coastal Commission Regulations one additional day of public review is required), based on the direction and recommendations from the Planning Commission on the General Plan and Zone Text Amendments the City is proceeding with the required environmental review process for the proposed Amendments, as required by the California Environmental Quality Act (CEQA) and City Council Resolution No. 3805, after the Planning Commission adopted the Resolution with their recommendations. The Draft Initial Study / Negative Declaration of Environmental Impacts for EA -419 will be circulated for the 21 day public and agency review period from November 12 to December 3, 1997. p: \zoning \ea419 \ea419. ais 15 EA- 41 9 /GPA 97 -3/ ZTA 97 -3 DRAFT AMENDMENTS - NOVEMBER 18,1997 MINI- VARIANCE - EXHIBIT 1 Chapter 20.78 ADJUSTMENTS Sections: 20.78.010 GRANTING. 20.78.020 PROCEDURE. 20.78.030 SETTING FOR HEARING. 20.78.040 NECESSARY FINDINGS. 20.78.050 CONDITIONS. 20.78.060 HEARING. 20.78.070 NOTIFICATION. 20.78.090 APPEALS. 20.78.010 GRANTING. Page 1 of 11 Whenever a strict interpretation of the provisions of this Title or its application to any specific case or situation pertaining to the following items height -0 leeation of a wall, hedge, or feii would result in the unreasonable deprivation of the use or enjoyment of property, an adjustment may be granted ' , subject to the following restriction and in the manner hereafter provided. Adjustments may be granted to allow: A) A fence, wall, or hedge up a maximum height of eight (8) feet; B) Architectural Landscape Features which exceed the standards set forth in Section 20.12.170; C) Signs which exceed the standards set forth in Chapter 20.60; and D) Noise Permits which exceed the standards set forth in Section 9.06.090. IT 0 025 .. _- - :.: 0 025 EA- 419 /GPA 97 -3/ ZTA 97 -3 Page 2 of 11 DRAFT AMENDMENTS - NOVEMBER 18, 1997 MINI - VARIANCE - EXHIBIT 1 20.78.020 PROCEDURE. The applicant for an adjustment shall apply in letter form, stating the adjustment desired and explaining that the strict interpretation of this title would result in the unreasonable deprivation of the use or enjoyment of his property. The applicant shall submit the application with the required filing fee to cover the cost of investigation and processing. (Ord. 1245). 20.78.030 SETTING FOR HEARING. The Director of Planning and Building Safety shall set the matter for public hearing by mailing notice thereof to the applicant and the owners of abutting property by first class mail at least 10 days prior to the hearing. The requested adjustment shall be heard before the Director of Planning and Building Safety or a. iieinbei of the Piet, wiimg Gormmissiom appoomfed by the . his/her designated representative. 20.78.040 NECESSARY FINDINGS. No adjustment shall be granted unless the following findings are made: A. That the proposed adjustment would not be detrimental to the neighborhood or district in which the property is located; and, B. That the proposed adjustment is necessary in order that the applicant may not be deprived unreasonably in the use or enjoyment of his property. 20.78.050 CONDITIONS. Whenever any adjustment is granted, the Director of Planning and Building Safety or his/her designated representative shall impose such conditions as may be necessary to safeguard the interests of the neighborhood or district, and in all cases shall impose the following conditions: A. That the adjustment shall not become effective until 7 days from the granting thereof has elapsed or, if an appeal is filed or a review called for, until final determination has been made on the appeal or review; and, 0 02G EA419 /GPA 97 -3/ ZTA 97 -3 Page 3 of 11 DRAFT AMENDMENTS - NOVEMBER 18, 1997 MINI - VARIANCE - EXHIBIT 1 B. That the adjustment shall become null and void if the privileges granted thereunder has not been utilized within 180 days from the effective date thereof. 20.78.060 HEARING. A determination on an adjustment shall be made by the Director of Planning and Building Safety or his/her designated representative the -Pl mmhng within 10 days after the hearing. 20.78.070 NOTIFICATION AND PLANNING COMMISSION REVIEW. Copies of the findings and decision of the Director of Planning and Building Safety shall be mailed to each member of the Planning Commission and to the applicant. Written determinations on adjustments, made by the Director of Planning and Building Safety or his/her designated representative, shall be placed as receive and file items on the next available agenda of the Planning Commission, Any Planning Commissioner may request that an item be discussed and a decision on the application be made by the Planning Commission instead of received and filed. No decision of the Director of Planning and Building Safety is final until the decision is received and filed, or acted upon by the Planning Commission, or upheld on appeal. 20.78.090 APPEALS. All appeals shall be processed as provided by Chapter 20.82, Appeal or Review. (Ord. 1245). EA- 41 9 /GPA 97 -3/ ZTA 97 -3 DRAFT AMENDMENTS - NOVEMBER 18, 1997 MINI - VARIANCE - EXHIBIT 1 Chapter 20.78 ADJUSTMENTS Sections: 20.78.010 GRANTING. 20.78.020 PROCEDURE. 20.78.030 SETTING FOR HEARING. 20.78.040 NECESSARY FINDINGS. 20.78.050 CONDITIONS. 20.78.060 HEARING. 20.78.070 NOTIFICATION. 20.78.090 APPEALS. 20.78.010 GRANTING. Page 4 of 11 Whenever a strict interpretation of the provisions of this Title or its application to any specific case or situation pertaining to the following items height 0 ieeettiem of et wet!', hedge, or feii would result in the unreasonable deprivation of the use or enjoyment of property, an adjustment may be granted ' , subject to the following restriction and in the manner hereafter provided. Adjustments may be granted to allow: A) A fence, wall or hedge up a maximum height of eight (8) feet; B) Architectural Landscape Features which exceed the standards set forth in Section 20.12.170; C) Signs which exceed the standards set forth in Chapter 20.60; D) Noise Permits which exceed the standards set forth in Section 9.06.090; and E) A maximum 10% reduction to any of the following development standards, for additions to existing structures only: 1) First story setbacks; 2) Lot Coverage; 3) Height of detached garages; 4) Parking stall sizes and aisle widths; 5) First and second story intrusions; 6) Curb out width; and 7) Wall modulation, in R -3 Zones only. EA- 419 /GPA 97 -3/ ZTA 97 -3 Page 5 of 11 DRAFT AMENDMENTS - NOVEMBER 18, 1997 MINI- VARIANCE - EXHIBIT 1 20.78.020 PROCEDURE. The applicant for an adjustment shall apply in letter form, stating the adjustment desired and explaining that the strict interpretation of this title would result in the unreasonable deprivation of the use or enjoyment of his property. The applicant shall submit the application with the required filing fee to cover the cost of investigation and processing. (Ord. 1245). 20.78.030 SETTING FOR HEARING. The Director of Planning and Building Safety shall set the matter for public hearing by mailing notice thereof to the applicant and the owners of abutting property by first class mail at least 10 days prior to the hearing. The requested adjustment shall be heard before the Director of Planning and Building Safety or both. their designated representative. 20.78.040 NECESSARY FINDINGS. No adjustment shall be granted unless the following findings are made: A. That the proposed adjustment would not be detrimental to the neighborhood or district in which the property is located; B. That the proposed adjustment is necessary in order that the applicant may not be deprived unreasonably in the use or enjoyment of his property; and, . 0 0 1 EA- 419 /GPA 97 -3/ ZTA 97 -3 Page 6 of 11 DRAFT AMENDMENTS - NOVEMBER 18, 1997 MINI- VARIANCE - EXHIBIT 1 � i � � L�Il1 J ■ ■ ►� /lip � • . i • • ■ . � 1A.-7-LON! IllltllUl•tlUl�ll �•J�l['.Pl -1[•.1 rl J•.t\l!1•ILlUtltl•I.1 -1 •.1tlb>•11� J!t1•l t\- U1- AI ►- ll-1R•.11111 ■Iltllltt!l l \titltlltl!I1 ► -1 REWT-l-1 -1 -J NMI ll•.lL. JL• Jt t1I1- M- 1•J- 1- 1•.1 &•1 1tV Approval of an adjustment shall become null and void if the privileges granted thereunder hn b= not been utilized within 180 days from the effective date thereof. 20.78.060 HEARING. A determination on an adjustment shall be made by the Director of Planning and Building Safety or their designated representative the - -Planting within 10 days after the hearing. 20.78.070 NOTIFICATION. Copies of the findings and decision of the Director of Planning and Building Safety shall be mailed to each member of the Planning Commission and to the applicant. 20.78.090 APPEALS. All appeals shall be processed as provided by Chapter 20.82, Appeal or Review. 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"Accessory" means a building, part of a building or structure, or use which is subordinate to, and the use of which is incidental to, that of the main building, structure, or use on the same lot. if an oteeessory buildi, ig and the considered a petrt of the main building- 20.08.505 KITCHEN. "Kitchen" means any room or portion of a room within a building designated and/or used or intended to be used for the cooking or preparation of food, which may also include a sink, refrigeration, a garbage disposal. and storage. CHAPTER 20.20 SINGLE - FAMILY RESIDENTIAL (R-1) ZONE 20.20.025 PERMITTED ACCESSORY USES. 717111 766re : =i- ITST-ire =Z111 1i 2A. Detached buildings and structures, including private garages; C. Playhouses; and, D. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. 0 Gar, ._ . .. .. ._ .. -1 SIR -A - -WWI`I .. ._ :. .. C. Playhouses; and, D. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. 0 Gar, EA- 41 9 /GPA 97 -3/ZTA 97 -3 Page 2 of 24 DRAFT AMENDMENTS - NOVEMBER 18,1997 ACCESSORY STRUCTURE - EXHIBIT 2 20.20.060 SITE DEVELOPMENT STANDARDS. All uses within the R -1 Zone shall comply with the Development Standards contained in this section. A. General Provisions 1, As provided by Chapter 20.12, General Provisions. New dwelling units must be internally intearated and KKI a B. Height The height of all dwelling units shall not exceed 26 feet and two stories, except as provided in Section 20.20.060 H. The height of all other buildings and detached accessory structures, including detached garages shall not exceed 14 feet. D. Setbacks 1. Front and rear yard: The combined total of setbacks for the front and rear yard shall be at least 30 feet, with no front yard setback less than 22 feet and no rear yard setback less than 5 feet. 2. Side yard: Structures shall maintain a minimum setback of 5 feet. Deta� cessory structures, located in the rear one - third of the lot, are allowed zero setback on one interior side lot line. 3. Side Yard. Reversed Comer: Reversed comer lots shall have the following side yard with a triangular area described as follows: One angle shall be formed by the rear and street side property lines, and the sides of this angle shall be 15 feet in length, measured along the rear and street side property lines. The third side of this triangle shall be a straight line connecting the two other lines at their endpoints. This triangular side yard setback area shall be in addition to the other side yard setback requirements described in 20.20.060 D.2. above. 0 037 EA- 419/GPA 97 -3/ZTA 97 -3 Page 3 of 24 DRAFT AMENDMENTS - NOVEMBER 18, 1997 ACCESSORY STRUCTURE - EXHIBIT 2 4. Rear Yard: Structures shall maintain a minimum setback of 5 feet. Deta� cessory structures are allowed zero setback on the rear property line. G. Placement of Buildings and Structures 1. The distance between buildings shall be governed by the Uniform Building Code; and, 2. An detached accessory structure in the rear one -third of the lot may be located on the rear and one interior side lot line, unless one of the following conditions exists: a. Where the lot rears upon an alley and the vehicular entrance to the detached accessory structure is from the alley, such detached accessory structure shall be set back a distance measured from the opposite side of the alley that will provide a turning radius as follows: I. 90 degrees -25 feet ii. 75 degrees -21 feet iii. 60 degrees -18 feet iv. 45 degrees -15 feet b. On the rear third of a reversed comer lot art det_ache_d, accessory structure may be built to the interior lot side line, but no building shall be erected closer than 5 feet to the property line of any abutting lot to the rear. However, if an alley intervenes and the vehicular entrance to the detached accessory building is directly from the street side, an detached accessory building may be built to the rear lot line. H. Lot Coverage All buildings, including ,detached accessory buildings, shall not cover more than 40% of the lot area. This coverage may be increased to 47% if the height of the structure is limited to 18 feet. If a building exceeds 18 feet in height, the lot coverage shall not exceed 40% under any circumstances. 2• 0 C4, R EA- 419 /GPA 97 -3/ZTA 97 -3 Page 4 of 24 DRAFT AMENDMENTS - NOVEMBER 18, 1997 ACCESSORY STRUCTURE - EXHIBIT 2 2 I §4. CHAPTER 20.22 TWO- FAMILY RESIDENTIAL (R -2) ZONE 20.22.025 PERMITTED ACCESSORY USES. A. Any use customarily incidental to a permitted use; L1 C. Playhouses; and, D. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. 20.22.080 SITE DEVELOPMENT STANDARDS. All uses in the R -2 Zone shall comply with the Development Standards contained in this section. A. General Provisions 1. As provided by Chapter 20.12, General Provisions -and; 0 039 kn" IN .._ C. Playhouses; and, D. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. 20.22.080 SITE DEVELOPMENT STANDARDS. All uses in the R -2 Zone shall comply with the Development Standards contained in this section. A. General Provisions 1. As provided by Chapter 20.12, General Provisions -and; 0 039 EA- 419 /GPA 97 -3/ZTA 97 -3 Page 5 of 24 DRAFT AMENDMENTS - NOVEMBER 18, 1997 ACCESSORY STRUCTURE - EXHIBIT 2 2. Any use permitted in the R -1 zone, when developed in the R -2 zone, shall be constructed in accordance with R -2 site developments standards and parking requirements -; a Ct� a B. Height The height of all dwelling units shall not exceed 26 feet and two stories. The height of all other buildings and detached accessory structures, including detached garages shall not exceed 14 feet. D. Setbacks 1. Front and rear yard: The combined total of setbacks for the front and rear yard shall be at least 30 feet, with no front yard setback less than 20 feet and no rear yard setback less than 5 feet. 2. Side yard: Structures shall maintain a minimum setback of 5 feet. Any detached accessory structures, and attached garages on 25 foot wide lots only, located on the rear one -third of the lot, are allowed zero setback on one interior side lot line. 3. Side Yard. Reversed Comer: Reversed comer lots shall have the following side yard with a triangular area described as follows: One angle shall be formed by the rear and street side property lines, and the sides of this angle shall be 15 feet in length, measured along the rear and street side property lines. The third side of this triangle shall be a straight line connecting the two other lines at their endpoints. This triangular side yard setback area shall be in addition to the other side yard setback requirements described in 20.22.060 D.2. above. 4. Rear Yard: Structures shall maintain a minimum setback of 5 feet. Deta_ hed a�4ccessory structures are allowed zero setback on the rear property line. A dwelling unit above a garage where the vehicular entrance is from an alley shall maintain a minimum 1 foot setback. 111m, , 4 EA- 419/GPA 97 -3/ZTA 97 -3 Page 6 of 24 DRAFT AMENDMENTS - NOVEMBER 18, 1997 ACCESSORY STRUCTURE - EXHIBIT 2 G. Placement of Buildings and Structures 1. The distance between buildings shall be governed by the Uniform Building Code. 2. An detached accessory structure in the rear one -third of the lot may be located on the rear and one interior side lot line, unless one of the following conditions exists: a. Where the lot rears upon an alley and the vehicular entrance to the detached accessory structure is from the alley, such deter accessory structure shall be set back a distance measured from the opposite side of the alley that will provide a turning radius as follows: I. 90 degrees -25 feet ii. 75 degrees -21 feet iii. 60 degrees -18 feet iv. 45 degrees -15 feet b. On the rear third of a reversed comer lot, an detached accessory structure may be built to the interior lot side line, but no building shall be erected closer than 5 feet to the property line of any abutting lot to the rear. However, if an alley intervenes and the vehicular entrance to the deter accessory building is directly from the street side, an det_ hed accessory building may be built to the rear lot line. I. Lot Coverage All buildings, including detached accessory buildings, shall not cover more than 50% of the area of the lot. i s i_. _ .A i.: Q 1 1 -lu EA- 419 /GPA 97 -3/ZTA 97 -3 DRAFT AMENDMENTS - NOVEMBER 18, 1997 ACCESSORY STRUCTURE - EXHIBIT 2 Page 7 of 24 CHAPTER 20.24 MULTI - FAMILY RESIDENTIAL (R -3) ZONE 20.24.025 PERMITTED ACCESSORY USES. LJ 20.24.060 SITE DEVELOPMENT STANDARDS. A. General Provisions 1. As provided by Chapter 20.12, General Provisions; artd 2. Any use permitted in the R -1 or R -2 zones, when developed in the R -3 zone, shall be constructed in accordance with R -3 site developments standards and parking requirements;: New dwelling units must be internally integrated and 4+ A& D. Setbacks A building or structure may encroach up to 2 feet into a required yard, provided that an equivalent volume is set back from the required yard. This encroachment shall not be allowed in any yard adjacent to a single- family residential zone. 0 c, 42 .. .. .. ._ .. livIIII101911LO11111 WOM . , . ._ . 20.24.060 SITE DEVELOPMENT STANDARDS. A. General Provisions 1. As provided by Chapter 20.12, General Provisions; artd 2. Any use permitted in the R -1 or R -2 zones, when developed in the R -3 zone, shall be constructed in accordance with R -3 site developments standards and parking requirements;: New dwelling units must be internally integrated and 4+ A& D. Setbacks A building or structure may encroach up to 2 feet into a required yard, provided that an equivalent volume is set back from the required yard. This encroachment shall not be allowed in any yard adjacent to a single- family residential zone. 0 c, 42 EA- 419 /GPA 97 -3/ZTA 97 -3 Page 8 of 24 DRAFT AMENDMENTS - NOVEMBER 18, 1997 ACCESSORY STRUCTURE - EXHIBIT 2 1. Front yard: An average of 20 feet shall be provided, but in no case shall it be less than 15 feet. Should vehicular access be through the front yard and controlled by an entry gate, a minimum of 20 feet shall be provided for a vehicle to temporarily stop outside the gated area prior to entering the project. 2. Side yard facing a side street: 5 feet minimum shall be provided, except if parking garages or covered parking spaces face a street, then the setback shall be 20 feet. 3. ,Side yard facing an adjacent lot: 5 feet minimum shall be provided. Detached AAccessory structures, located in the rear one -third of the lot, are allowed zero setback on one interior side lot line. 4. Side Yard, Reversed Comer: Reversed comer lots shall have the following side yard with a triangular area described as follows: One angle shall be formed by the rear and street side property lines, and the sides of this angle shall be 15 feet in length, measured along the rear and street side property lines. The third side of this triangle shall be a straight line connecting the two other lines at their endpoints. This triangular side yard setback area shall be in addition to the other side yard setback requirements described in 20.24.060 D.2. & 3. above. 5. Rear Yard: 10 feet minimum shall be provided. 6. Rear Yard: Deta_ 4ccessory structures are allowed zero setback on the rear property line and on one interior lot side line in the rear one -third of the lot. G. Placement of Buildings and Structures 1. The distance between buildings shall be governed by the Uniform Building Code. 2. An detached accessory structure in the rear one -third of the lot may be located on the rear and one interior side lot line, unless one of the following conditions exists: a. Where the lot rears upon an alley and the vehicular entrance to the deter accessory structure is from the alley, such detached accessory structure shall be set back a distance measured from the opposite side of the alley that will provide a turning radius as follows: I. 90 degrees -25 feet ii. 75 degrees -21 feet iii. 60 degrees -18 feet iv. 45 degrees -15 feet 0 !'43 Page 9 of 24 b. On the rear third of a reversed comer lot, an detached accessory structure may be built to the interior lot side line, but no building shall be erected closer than 5 feet to the property line of any abutting lot to the rear. However, if an alley intervenes and the vehicular entrance to the deter accessory building is directly from the street side, an deter accessory building may be built to the rear lot line. H. Lot Coverage All buildings, including deter accessory buildings, shall not cover more than 53% of the area of the lot. I IM I '15- • •,1 = • • ll lif-11 MUM M • •' 1:• = _ •n CHAPTER 20.45 MEDIUM DENSITY (MDR) RESIDENTIAL ZONE 20.45.025 PERMITTED ACCESSORY USES. A. Any use customarily incidental to a permitted use; and; QO. Other similar use approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. 20.45.060 SITE DEVELOPMENT STANDARDS. A. General Provisions As provided by Chapter 20.12, General Provisions. 0 o4''1 EA- 41 9 /GPA 97 -3/ZTA 97 -3 Page 10 of 24 DRAFT AMENDMENTS - NOVEMBER 18, 1997 ACCESSORY STRUCTURE - EXHIBIT 2 11 E. Lot Coverage All buildings, including detached accessory buildings, shall not cover more than 53% of the area of the lot. J FM 7 22. 0 045 EA- 419 /GPA 97 -3/ZTA 97 -3 DRAFT AMENDMENTS - NOVEMBER 18, 1997 ACCESSORY STRUCTURE - EXHIBIT 2 Page 11 of 24 I. Accessory means a building, part of a building or structure, or use which is subordinate to, and the use of which is incidental to that of the main building, structure, or use on the same lot. Where the wall of an accessory building has a common wall or a portion of a common wall not less than four (4) feet in length, such accessory building shall be considered as a part of the main building. II. Permitted Uses: R -1, R -1 A, R -2, R -2B, R -3 A. Single Family Dwelling B. Accessory Building: 1. Patio covers, 2. Bath house or greenhouse, 3. Swimming pool and/or spa, 4. Tool shed, 5. Garage, 6. Storage room for customary household - related items, and a maximum of 400 square feet in size. I. Accessory: An activity or use of property which is subordinate, directly related, and supportive to a primary use located on the same premises. An accessory use is necessarily or customarily associated with a primary use in an interdependent relationship. II. Permitted Uses: R -1 Single Family Residential District A. Single Family Residence, together with the accessory building customary to such use and located on the same lot or parcel of land including: 1. Private garage up to 1,000 square feet, 2. Child's play house, 3. Buildings for the housing of domestic animals, (such animals not to exceed two (2) full grown cats and two (2) full grown dogs in number), 4. Bath or greenhouse, not operated commercially, 0 046 EA- 419 /GPA 97 -3/ZTA 97 -3 Page 12 of 24 DRAFT AMENDMENTS - NOVEMBER 18, 1997 ACCESSORY STRUCTURE - EXHIBIT 2 5. Tool house or workshop, not operated commercially. B. Permitted Uses: R -2, R -3, R -R3, R -4 In addition to those development standards set forth in Section 92.5.6, the following development standards shall also apply in the R -1 Zone: 1. No accessory building shall exceed fourteen (14) feet in height; 2. No accessory building shall provide living quarters; 3. A detached accessory building, located on the rear one - quarter (1/4) of the property may be one (1) foot from the rear property line and one (1) foot from one (1) interior side property line only if the wall adjacent thereto is one (1) hour wall with no openings therein; the side yard setback on the other side shall be no less than ten (10) percent of the width of the rear property line, but in no case less than three (3) feet; 4. If all setbacks can be met, an accessory building of at least four hundred (400) square feet may be built on any lot or parcel of land, and in addition, any such accessory building may contain an additional area equal to one quarter (1/4) the size of the required rear yard area, provided that no accessory building may exceed seven hundred (700) square feet in area, and provided further that the entire size of any such accessory building shall be counted as part of the Floor Area Ratio for the lot or parcel of land. II. Accessory structures: Attached and detached accessory structures shall be subject to the development standards indicated in Table 31 -3 and as otherwise specified in this Section. Where no specific development standard is indicated, the standards for principal structures shall apply. A. Garages. This subsection establishes the development standards for the location, height, and size of a garage. The required number of parking spaces, parking stall size, turning radius and other parking standards are specified in Chapter 21.41 (Off- Street Parking and Loading Requirements) of this Title. B. Common Recreational room or buildings shall be permitted only in multi- family residential developments containing twenty -one (21) or more dwelling units, unless otherwise permitted by site plan review. 0 �' 4 EA- 41 9 /GPA 97 -3/ZTA 97 -3 Page 13 of 24 DRAFT AMENDMENTS - NOVEMBER 18, 1997 ACCESSORY STRUCTURE - EXHIBIT 2 C. Other Attached and Detached Accessory Buildings and Structures. All other permitted attached and detached accessory buildings shall be developed in accordance with the following standards: Use. An attached and detached accessory building shall be used as a workshop for noncommercial hobbies or amusement; for artistic endeavors; for storage; or for other similar purposes customarily related to a residential use. These structures shall not contain bathing or cooking facilities and shall not be utilized as "dwelling units "; 2. Location. An attached or detached accessory building shall be located only in the rear half of a lot. The building may be built directly on the rear property line and on one side property line, provided the other side yard is at least three -feet wide (3') and has no structures or projections located in it and the structure is not located in the Street side yard of a comer lot; 3. Size. Such buildings shall not exceed three hundred (300) square feet or five percent (5 %) of the lot area in size, whichever is smaller; and 4. Height. No detached accessory building shall exceed one -story and thirteen feet (13') in height. Mezzanines and lofts shall not be permitted. D. Radio and Television Antennas. Development standards are contained in Chapter 21.46 (Accessory Structures). E. Swimming Pools and Spas. Development Standards are contained in Chapter 21.46 (Accessory Structures). F. Trash Receptacles. Trash receptacles shall be provided as follows: 1. One to Three Units. Adequate receptacles shall be provided for each unit. 2. Four or More Units. Common trash areas shall be provided in sufficient quantity to accommodate all refuse generated. Trash receptacle enclosures shall be provided as indicated in Chapter 21.46 (Accessory Structures). 0 PA 8 EA- 41 9 /GPA 97 -3/ZTA 97 -3 Page 14 of 24 DRAT =T AMENDMENTS - NOVEMBER 18, 1997 ACCESSORY STRUCTURE - EXHIBIT 2 I. Accessory Building means a building or part of building not exceeding twelve feet in height, the use of which is incidental to that of the main building, structure, or use on the same lot. Where an accessory building is a part of, or joined to, the main building, the accessory building shall be counted as part of the main building. II. Guest house means living quarters located within an accessory building, which does not have a kitchen, located on the same premises with a main building and occupied solely by members of the family, temporary guests, or persons regularly employed on the premises. A guest house is not a second unit. 1. Accessory Building means a building which is incidental to and customarily associated with a specific principal use or facility, and which meets the applicable conditions set forth in Chapter 18.88. Accessory Dwelling means a dwelling unit accessory to a principal use on a site and intended for occupancy by persons residing therein by reason of employment of one or more occupants on the same site. II. Criteria see attached Chapter 18.88 I. Use, Accessory: A use that is appropriate, subordinate, and customarily incidental to the main use of the site and which is located on the same site as the main building. II. Guest house (or Accessory Living Quarters): Any living area located within a main or an accessory building which does not have direct interior access to the dwelling unit. Such quarter shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling unit. Such guest quarters, or accessory living quarters, shall be permitted only on a lot with one single family residence. This guest house, or accessory living quarters, shall be a maximum of 500 square feet in size, limited to one habitable room, and contain a maximum of three plumbing fixtures. 0 C!49 EA- 419 /GPA 97 -3/ZTA 97 -3 Page 15 of 24 DRAFT AMENDMENTS - NOVEMBER 18, 1997 ACCESSORY STRUCTURE - EXHIBIT 2 I. Building, Accessory: A subordinate building, the use of which is incidental to that of the main building on the same lot and /or development site. II. Structure, Accessory: Structures that are incidental to the principal structure on a site. This classification includes fences, walls, decks, landings, patios, platforms, porches, and terraces and similar structures other than buildings (see Building, Accessory). & II. See attached code requirements & II. See attached code requirements p:\ zoning \ea419\ exhibits \accessor\occupanc\accstrcc.exh 0 C1,5O EA- 419 /GPA 97 -3 /ZTA 97 -3 DRAFT A!!1MMENTS - NOVEMBER 18, 1997 ACCESSORY STRUCTURE - EXHIBIT 2 (e) Words used in the present tense include the future, and words used in the singular include the plural. and the plural the singular, unless the context clearly indicates the contrary. (f) The words 'activities" and "facilities" include any part thereof. (g) Unless the context clearly indicates to the contrary, the following conjunctions shall be interpreted as follows. (1) " And" indicates that all connected items or provisions shall apply. (Z) "Or" indicates that the connected items or provisions may apply singly or in any combination (3) "Either .... or* Indicates that the connected Items or provisions shall apply singly but not in combination (h) "District" means a general district or a combining district established by this title. unless otherwise indicated by specific reference to another kind of district (i) All public officials, bodies. and agencies to which reference is made are those of the city unless otherwise indicated. 0) Tity" means the city of Palo Alto. (Ord. 3048 (part), 1978) 18.04.030 Definitions. (a) 7broughout this title die following words and phrases shall have the meanings ascribed in this section (1) "Abandon' means to cease or discontinue a use or activity without intent to resume. but excluding temporary or short-term haffuptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal clostue. (2) "Abutting" means having property or district lines in common (3) " Accessory building" means a building which is incidental to and customarily associated with a specific principal use or facility, and which meets the applicable conditions set forth in chapter 18.88. Page 16 of 24 ,. (4) "Accessory dwelling" means a dwelling unit accessory to a principal use on a site and intended for occupancy by persons residing thmin by reason of employment of one or more occupants on the same site. (5) "Addition" means any construction which increases the size of a building or facility in terms of site coverage, height. length, width, or gross floor arcs. (6) "Administrative office services" means offices and service facilities performing headquarters, regional, or other level management and administrative services for firms and institutions. (1) "Airport - related use" means a use providing aviation - related services typically ancillary to operations of an airport including. but not limited to, aircraft repair and maintenance. flight Instruction. and aircraft chartering. (B) "Alley' means a public or private vehicular way less than twenty-five feet in width affording a secondary means of vehicular access to abutting property (9) Reserved. (10) Reserved. (11) "Alteration" means any construction or physical change in the internal arrangement of rooms or the supporting members of a building or structure. or change in relative position of buildings or structures on a site. or substantial change in appearance of any building or stnrconne. (A) "Incidental alteration' means any alteration to interior partitions or interior supporting members of a strucome which does not increase the structural strength of thr structure; any alteration to electrical, plumbing. heating. air conditioning, ventilating. or other utility services. fixture or appliances; any addition. closing, or change in size of doors or windows in the exterior walls; or any replacement of a building facade which does not increase the structural strength of the stricture. (B) "Structural alteration" means any alteration not deemed an incidental alteration (12) "Animal care" mean a use providing grooming, housing, medical care, or other CITY OF PALO ALTO 0 r,5 i EA- +419 /GPA 97 -3 /ZTA 97 -3 DRAFT AMENDMENTS - NOVEMBER 18, 1997 ACCESSORY STRUCTURE - EXHIBIT 2 (2) Identification of the sender sites) and the amount of TDRs proposed to be transferred; and (3) Evidence that the applicant owns the transferable development rights or a signed state- ment from any other owner(s) of the TDRs that the specified amount of floor area is available for the proposed project and will be assigned for its use. (b) The application shall not be deemed complete unless and until the city determines that the TDRs proposed to be used for the project are available for that purpose. (c) In reviewing a project proposed for a re- ceiver site pursuant to this section, the architec- tural review board shall review the project in ac- cordance with Section 16.48.120 of this code; however, the project may not be required to be modified for the sole purpose of reducing square footage unless necessary in order to satisfy the criteria for approval under Chapter 16.48 or any specific requirement of the municipal code. (d) Following ARB approval of the project on the receiver site, and prior to issuance of build- ing permits. the director of planning and commu- nity environment or the directors designee shall issue written confirmation of the transfer, which identifies both the sender and receiver sites and the amount of TDRs which have been transferred. This confirmation shall be recorded in the Office of the County Recorder prior to issuance of build- ing permits and shall Include the written consent or assignment by the owner(s) of the TDRs where such owner(s) arc other than the applicant. (Ord. 4392 12 (part), 1996) 18.87.070 Purchase or conveyance of TDRs-- Documentation. (a) Transferable development rights may be sold or otherwise conveyed by their owner(s) to another pony. However. no such sale or con- veyance shall be effective unless evidenced by a recorded document. signed by the transferor and transferee and in a form designed to run with the land and satisfactory to the city attorney. The document shall clearly identify the sender site and Page W of 14 the amount of floor area transfetTcd and shall also be filed with the department of planning and community environment. (b) Where transfer of TDRs is made directly to a receiver site. the recorded confirmation of transfer described in Section 18.87.060(d) shall satisfy the requirements of this section. (Ord. 4392 §2 (part), 1996) 18.87.080 Transfers to sites within planned community (PC) zones. Property located in a planned community (PC) zoning district is eligible to be a receiver site if the property was formerly located in the CD com. mercial downtown zoning district, and the ordi- nance rezoning to property to planned community (PC) approves use of transferable development rights on the site. The provisions of Sections 18.87.020. 18.87.030, 18.87.040, 18.87.050 and 18.87.070 of this chapter shall apply to trans- fers to such properties. The procedures set forth in Section 18.87.060(a), (b), and (d) shall be followed with respect to the planned community (PC) application. (Ord. 4392 ¢2 (part), 1996) CHAPTER 18.88 SPECIAL PROVISIONS AND EXCEPTIONS 18.88.010 Application. The regulations established by this title shall be subject to the special provisions and exceptions set forth in this chapter. (Ord. 3048 (part). 1978) 18.88.020 Accessory uses and facilities. (a) Accessory uses and facilities shall be permitted in any district when incidental to and associated with a permitted use or facility. or when incidental to and associated with an allowable and authorized conditional use therein, subject to the provisions of this section. (b) Accessory uses and facilities: CITY OF PALO ALTO 0 F52 BA- 410 /GPA 97 -3 /ZTA 97 -3 DRAFT AMEMDMWS — MOVEMBER 18, 1997 ACCESSORY STRUCTURE — EZSIBIT 2 (1) Shall be subordinate to the primary activity of the principal use or the principal facility, respectively; (2) Shall contribute to the comfort. convenience, efficiency. or necessity of the occupants or the activities of a principal use, or the function of a principal structure; (3) Shall be located on the same site as the principal use or structure served, except as otherwise authorized by this title. (c) Accessory uses and facilities include, but are not limited to. the following list of examples; provided that each accessory use or facility shall comply with all provisions of this title: (1) Residential garages and parking facilities, together with access and circulation elements necessary thereto; (2) Customer, visitor, and employee parking facilities, and off - street loading facilities, together with access and circulation elements necessary thereto; (3) Facilities for storage incidental to a principal use; (4) Recreational uses and facilities for the use and convenience of occupants or employees, or guests thereof, of a principal use or facility; (5) Newsstands, gift shops, drugstores. and eating and drinking facilities, or similar services intended solely for the convenience of occupants or employees, or guests thereof, of a principal use, when conducted entirely within a principal facility; (6) Building management offices when located within the principal facility and limited to the management thereof; (7) Refreshment and service facilities in parks, in playgrounds, and in permitted public or private recreation facilities or schools; (8) The operation of service facilities and equipment in connection with schools, hospitals, and similar institutions or uses, when located on the site of the principal use. (d) No use or facility permitted as an accessory use or facility pursuant to this section shall be construed to be permitted as a principal use or facility unless specifically authorized as a Page 18 of 24 permitted or conditional use in the district in which it shall be located. Operation, occupancy. and continuance of allowable accessory uses and facilities shall be conditioned upon the continued occupancy or use of the principal use or facility being served. (e) Accessory buildings located within a required interior yard, as permitted by this section, shall not individually or cumulatively occupy an area exceeding fifty percent of the requited near yard. (Ord. 3465 120,1993: Ord. 3048 (part), 1978) 18.88.030 Location of accessory build- ings. (a) Except as otherwise provided in this section, accessory buildings shall at all times be located in conformance with requirements for principal buildings, and shall not be located in any required front, side, or rear yard. (b) In residential zones, accessory buildings may be located in a required interior yard subject to the following limitations: (1) An accessory building shall not be used for living and/or sleeping purposes unless the building was legally constructed for or legally CITY OF PALO ALTO 0 C53 EA- 419 /GRA 97 -3 /ETA 97 -3 DRAFT AMENDMENTS — N09EKBER 18, 1997 ACCESSORY STRUCTURE — MMIBIT 2 sited nub bin adequate for use on the parcel, or other enclosures as approved by the Director of General Sa- vioes and the Architectural Review Baud. 'The refuse enclosure shall be accessible to refuse aolleetioo vehides. (g) Homeless SbeiterProrider.Mwateacyarorgani- ncion operating the shelter shall comply with the follow - ing requir: wu: (1) Temporary shelter sban be available to residents for no more than six months. (2) Staff and services shall be pwWded to assist red - dents to obtain permanent shelter and locome. (3). no provider shall have a written management plan ineludiag, as applicable, provisions for staff trainin& neighborhood outreach. security. saeenisg of rnidemnh to insure compatibility with services prodded at the facility, and for training, counseling, and treatment pm- grams for residents. (b) Maaimum Unit Doulty. Homelesssbehers lercat- ed in residential districts, when not developed in an individual dwelling unit format, shall not be subject to the underlying toning district's --in= unit density standard. but the number of beds shall be limited to three times the maximum number of dwelling units which would otherwise be permitted. (Orb No. 16V=1 10, adopted tjJ12193; amended by Ord. No. 17500M ; 21, adopted 08194) 9.04.10.02.070 Reflect ve materials. No more than twenty -five percent of the surface area of any facade on any new buildim or addition to an existing building shall contain black or mmored glass or other mirrorace material that is higblyredeeda. Materi- ak for roofing shall be of a noureflective name. At !sari fifty percent of the ground floor facade on the primary street frontage in the Q, ©, N. and C3-C Districts sbaD provide visibility to the interior of the building, Glazing on the ground floor meet frontage facade shall be dear glass. (Prior code 19040.7) 9.04.10.02.M0 Fencer, wall, badge. Oagpoia. Any feces@, wall, hedge, or flagpole shall comply with the Mowing standards: (a) (1) Fences, walls. of bedges sitar not exceed eight feet in height when located in a required side yard or rear yard. (2) Fences, walk or bedget located in a required street side yard shall not exceed tbi:ty-sh In" in be*M at a point within five feet of an intersection of the street side property line and any ddnwsy or alley. (b) (1) Fences, walk or bodges &W not exam forty - two inches in beigbt when Boated in a required trout yard, except that on corner parcels, within an tat of an intenecton, the team wan or bedge height shall not exceed thirty -six inches in height. (2) A front yard chain link fence for a school auy be up to eight feet in height. but shall act exceed thirty -era ashes in height within five teat of an intersectim (c) Fence, wall or bodge height than be measured from the msting grade. In all cans, the fence, wan or Page 19 of 24 beige height :ball be measured in a continuum at each point along the fence, wall or hedge. (d) Freestanding flagpoles may not cweed the height restrictions of the district in which they are located (prior code 1 9040.1; amended by Ord No. 1476CCS, adopted 4Mft Ord No.17320CS 13, adopted 3/6194) 9.0i1.10.OLM Ri sardoaas vimW obstructions. No person shall pamit any fence, wall, hedge, tree, plaatistg, or other oboractioas to obscure or block the visibility of drivers of arssomobDes entering or eating an adky, driveway. padit lot. or other vehicle scocowny or to oonstitate an unreasonable and unnecessary ba=rd to p� � ��t m t+d1�sidewalk. o u� plant- ing, -way. Any or otbatt obstructions d all be located at least five feet fivm the doselt iomsection of say parcel lime with the sweet. alley, driveway or mirage entrance. (Prior code 1 90403; amended by Ord. No.14960CS, adopted 9=0) j..1ULIOO One4wv sawsm baDdlag ���`` (boftas Mt amine beight). No accessory buM*g in a residential district 21 be erected, structurally shaed, oonvats d, enlarged, moved. at maintained unless sucb accessory building is located on the lot in conformance with the Wowing regulations. AMNWW buildings shall include greenhouses, storage sheds, workshops, garages. and other structures that are detubed from the main building. (a) The accessory building shall be located on the rear half of the lot and shall not extend into the required side yards. (b) The tocessory building may be located in a re- quired rear yard, bast shall be at least five feet trom the rear lot line. A garage or garage portion of an accessary building slay ccmd up to one interior aide property line on rise rear thirty -five feet of a lot A garage or garage portion of an accessory building may extend to the neat property line abutting an aIIey, provided vehicle access b act taken from the alley. (c) The accessory building shall be located not lass - than fliteen fat from the enter line of a tear aney. (e) On a reversed comer lot. the accessory building &W act be loaded senses to the street aide lot has of sucb wmer lot than one -half of the frost yard depth required on the ley lox, nor be located nearer this five feet to the aide lot Line of any key lot. (e) Any accessory building can a through lot shall sat project into any front yard and shall not be located in sal' required side yard. (f) Where the elevation of the ground at a paint fifty feet from the front lot line of a lot and midway between the aside lot times diffaars twelve feet or moire for the curb level, a private garage, not cooed one awry nee four. teen feet in height, may be located within the requved float yard. provided a ve:y portion at the garage Wiling is at least free feet from the trout property lice and does not o=wy more than fifty percent of the width of the !recent yarb CITY OF SANTA MONICA EA- 419 /GPA 97 -3 /ZTA 97 -3 DRAFT AKENDKKNTS — NOVEMBER 18, 1997 ACCESSORY STRUCTURE — MMIBIT 2 (s) In W OF-Districts, a prase or prase entrance on a lot with a theoretical grade change of tea fact of more wry be set bolt a distance equal to the average garage setback of adjacent ptage(s) but not leas than five fact. when the pap width don not canted tw+e q feet and the height does not exceed clam feet for a flat roof and fourteen feet for a pitched rooL (b) AccessM living qumn Shalt be p=ined only on R1 Mon of ten thousand square fact or moss pursuant to the provisions of Section 9.04.12080. No kitchen at full barb containing a shower er tub enclosure &loan be (I) A sbbower which is outside and tmenclosed may be permitted. U) No amoeasory building. Including accessory "I quarto::. &face have ldtcbea beflisies or be rented or otherwise used as a separate dwelling, (Prior node f 9040.10; amended by Ord No. 149601,'3„ adopted WhAP; Ord No. 16030CS 14, adopted S113/9S) 944.10.02.110 Accessory buildings aver use starry or foarten fed. No accasorybullding more than one story orfotateea feet in beight shall be erected, st uct n* ahered, MW verted, enlarged, or moved in any residential ditrict unless a Conditional Use Permit for the building is W proved and the accessory building is located on the parcel in caaformance with the foaowing tep"tioos: (a) The accessory building shwa not oaaapy nay part of a required rear yard. (b) The accessory building &bait not e>rend into a required side yard, which in this an shall include that portion of the Tsar yard abutting the side property linen. (c) 7be partion of any accessary building which contains only a garage not over sixteen feet in height MAY extend into a mquired rear or interior side yard as otha- wise permitW in this Chapta. (d) The accessory buIIdins &hail not tyro sto. ries or twenty -four feet in height (e) Accessory buildings in other soni ng districts &MB be subject to the same repthtions a: main bwildmgs. (f) A shower which is outside and wnenclosed mq be permitzed. (Prior code ; 9040.11; amended by Ord. No. 18MCCS 15, adopted SIMAS) 9.0410.02,111 Residential Uses d ameseeedal Single fa my dwe01ag unit, mtr}d•hndi dwealng units, congregate housing, mmsitional bouton4 aingle- room occupancy housing, and senior hondns, located is noo.residectial districts. including but not tis>sited to the BCD, C2. C3, 0C, C4, C3, Cis, M CK CP, Mi, and RVC Districts, shall comply with the following develop - meat standards: (a) lAcetles. Residential waft may be looted on &a Vcrund floor provided they acs at kart fifty feat from the trout property line. This requirement may be modified subject to the approval of a variance. This requirement &has ant apply to devdopmaats in the SM, CS, CT or Ml Districts or to Affordable Housing Projeem Page 20 of 24 (b) Aaneae. Any nxideatial development on a pameI zoned for a non - residential the shall have both a separate and secured , mce and esit that are directly accesable to oa -site PLA: tt& (e) RdbatBto W sad Laention Rrsideatial units on a parcel Honed liar non - residential uses shall be provided with refuse and recycling stotaje containers separate from those used by any non - residential uses on the same prasl. Mw cotznmaa :face be dearly marked for tai. d= W use a* and their an by any non- residential use ahaa be prohibited, (d) liven OMs Spam Any project containing four or more tddeatial Arrant wain shall provide the fob lowing mmomwm open gmoc one hundred square feet per emit far pr+ojeots with lots or five vain. and Aft square feet per unit for projeen of sk units a more. For purpos" of this tegttaemeek olmsidential dweains Wur &face mean any emit three hundred mveaty -sa square feet In area or lasso. Affordable Housing Projects may sub. sdtute one aquas foot of eomnmoa open space for each Aired I quiz � foot of nq prksm GPM 16870GS 111, 6✓?? adopted M; amended by(Otd No. 1730005 129. adopted 004; Ord No. 2767CCS 19, adopted 9/13194) 9A4.ILMAX Scroubsq at Boas e"" asaa, Wbemver say building or structure is eretded or ea- ht=ed on ant property coned tar commercial or mrdustri- A pwq mn which abuts a remdendaay zoned psmd not used for commercial padmng, there &face be erected and maintsiaed along the property line abutting the re iden,- tial none a solid decorative wall in conformance with the previsions of Section 9.04.10.02080. (Prim code 1 9040.12) 9A410AL130 Screening womp swan. AS storage of materials, van*. erosee bot9es, or s®i. lar items aeoenaty to c r part of a business or commercial operation &has be screened from view on at least threw aides by a solid opaque impact-resistant wan not less Haas five feet and not more than, eight feet m height and on the fourth side by a solid opaque impact- reaisttmt pea not len than On feet or more than eight tact in height, or of such otbw material or deep approved by the Archhectural Review Hoard (Prior code i 9040.13) 9A4.14 -CU40 Screla sj nechaaiod aydp" L An meshasocal equipmed that cundis mass than twelve mches above the roof parapet shall be sae 1ned from view. P.quipmeat sbaD be screened f o a banana tal plane on all sides with an impaa resistant walL (Prior code 1 90404) 9ALICAU41 Sealor poop heasises. Senior proup housing bated in any district &face com- ply with the fo>lowinS de elopmeat standards: (a) Mends Number of DWOMM Ualb. The uom. ba of dwelling emits may emad that which is permimd is the underlying maiq district If the dwelling unit consist of Individual Looms that contain fun bathrooms CITE OF SANTA MONICA 0 C., 5 5 EA- 419VGPA 97 -3 /ZTA 97-3 DRAFT A>!lMMKOITS - NoQEaER 18, 1997 ACCESSORY STRUCTURE - EXHIBIT 2 18.08.053 Minimum lot width. Notwithstanding any other provision of this title, a zoning designation which includes in parenthesis a number followed by the letter "w" shall include a minimum lot width required in the zone equivalent in feet to that numb= (Ord. 2469 f 2(a),1989) 18.08.060 Redevelopment Mans and spedic pIS= Notwithstanding any of the provisions of this chapter, whenever an area of the city has been included in an approved redevelopment plan, or a specific plan adopted pursuant to Section 65000 et seq. of the Planning and Zoning Law of the sate, if such plan contains any standards relating to land usage, such standards shall con- trol to the exclusion of any contradictory provi- sions of this chapter. (Prior code § 9119.1) Chapter 18.10 RESIDENTIAL ZONES GENERALLY Sections: 18.10.010 Generally. 18.10.020 Accessory uses. 18.10.030 Limitations on use. 18.10440 Optional development standards. . 18.10.010 Generally. The provisions ofthis chapter shall be applica- ble to each lot classified in any R zone. hereafter "such lots." (Prior code f 9120) 18.10.020 Accessory use. In addition to the principal uses allowed in R zones, the following accessory uses, and no oth- ers, shall be permitted on all such lots: A. Household Pets. 1. R -E, H -R and R -1 tones: dogs and /or rats, not to exceed three per lot. Page 21 of 24 2. R -2, R -3 and R-4 zones: dogs and/or cats, not to exceed two per dwelling unit, and 3. All R zones: any number of fish or birds, if allowed by, and subject to, the provisions of Sec- tion 18.06.228; B. Building Materials. The outdoor storage of building materials is permitted during the con- struction of any building or structure on that lot, and for a period of thirty days after such con- struction is completed; C. Home Occupations. Home occupations are permitted, provided that 1. No display or storage of goods, warns, mer- chandise or stock in trade is maintained on the premises, and 2. No one other than persons residing on the lot where the home occupation is located is regu- larly employed in such occupation, and 3. No equipment is used in conjunction with such occupation which emits dust, fumes, noise or odor, which would or could interfere with the peaceful use and enjoyment of adjacent proper- ties, and 4. Not more than one hundred fifty square feet ofthe floor space ofthe dwelling is devoted to such use, and 5. No appreciable increase of traffic, pedes. trian or vehicular, results from such occupation, and 6. There is no structural alteration of any building or structure, and 2. There is no use of any sign not otherwise permitted in the zone in which the occupation is located; D. Parldng. Off -strett paridng facilities; E. Open Space. Open spaces; F. Customary Accessory Uses. Those uses found to be customarily utilized as accessory uses pursuant to Section 18.50.030; G. Garage Sales. Garage sales involving only the sale of personal property owned by the owner or occupant of the lot upon which conducted shall be permitted if conducted in accordance with the following: 1. That not more than one such sale shall be CITY OF WHITTIER 0 M5 EA- 419 /GPA 97 -3 /ZTA 97 -3 DRAFT AlIENDM m — NOVEOER 18, 1997 ACCESSORY STRUCTURE — ESHIBIT 2 permitted on a lot during any three -month period, and 2. That no portion of any required front or side yard area shall be utilized for such purposes, and 3. That such sales shall be conducted only dur- ing the hours of nine a.m. and six p.m. of any day, and 4. 7bat no such sale shall be of a duration in excess of two days. IL Accessory Living Area. One accessory living area may be permitted on lots in the H -R, R -E, and R -1 zones with not more than one dwelling unit, subject to the following: 1. Each lot. for which an application for an ac- cessory living area in excess of four hundred square feet is submitted. shall have a lot area equal to the minimum lot area plus twenty square feet of lot area for each one square foot of floor area in excess of four hundred square fat, provided that in the R -1 zones with minimum - lot -area of twelve thousand square feet or' larger, an accessory living area in excess of six hundred square feet shall have a lot arts equal to the minimum lot area plus twenty square feet of lot area for each one square foot of floor area in Excess of six hundred square feet. 2. No accessory living area shall have a floor area in excess of one thousand square feet. unless a conditional use permit has first been approved therefor, 3. Accessory living arras shall have no kitchen facilities, 4. No accessory living area shall be in excess of one story in. height and shall be prohibited on the second floor. unless a•minor conditional use permit has first, been approved therefor, ' S. An accessory living area may bave no. more than four plumbing fixtures..including.one bar sink with a drain opening of not greater than one and one -half inches in diameter, & 71re applicant for approval of a permit for an accessory living aria shall record a restrictive cove - nrAnt approved as to form and content by the city attorney, which clearly states the restrictions (not to be used as a rental and/or permanent residence) on the use of the swarm:. lyre covenant shall require that the planning director be notified prior to remov- ing the deed restriction, Page 22 of 24 7. Accessory living areas shall be designed in the same style and of the similar materials, where appropriate. as the main structure. S. For accessory living areas in excess of four hundred square feet: if the design of the existing of - street packing area cannot accommodate guest puking in addition to the required parking, an addi. tional parking space shall be provided. If the acces- sory living area does not include bathing facilities, such additional paridnf space is not required. I. Second Dwellings. Second dwellings may be permitted in the R -1 zone, subject to the granting of a conditional use permit therefor. J. Antennas and Flagpoles. Flagpoles. satellite television receiving antennas, and amateur radio receiving and transmitting antenna, utilized for the private noncommercial use by the occupant of a residence located upon the loL (Ord. 2619 ; 1 (part), 1994: Ord. 2539 13. 1991: Ord. 2343 § 1, 1985: Ord. 2318 1 1(b), 1983: prior code ; 9121) 18.10.030 Limitations on use. lire regulations set out in this section shall be limitations on, and be applicable to. all uses on R. zoned lots. A. Dismantling or Storage of Vehicles. The dis- mantling or storage of vehicles is prohibited. 1. Definitions. The following words. for the pur. pose of this section, shall be defined as follows: L "Disabled vehicle" means a vehicle which is not operable. by reason of the removal of or damage to integral component parts. b. "Disassemble" means the same as dismantle. c. "Dismantle" means the removal or stripping of one or mote component parts from.a vehicle. .d. ",Panic" means the standing of motor vehicle. other than for the purpose of loading or unloading merchandise or passengers. e. "Repair" means the worts necessary to restore a vehicle to a usable condition f. "Store" means to keep or locate for future use. S. "Vehicle" meats and includes motorcycle. motor -driven cycle. motor truck. passenger vehicle. station wagon, truck tractor and vehicle, as these phrases ate defined in the State Vehicle Code, and Ali similar types of vehicles. CITT OF WHITTIER Q C'J7 EA- 419 /GPA97 -3 /ZTA 97 -3 DRAFT AiHENDMENTS - NOVEMBER 18, 1997 ACCESSORY STRUCTURE - EXHIBIT 2 2. Paddng of Vehicles. No person shall put any vehicle or any component thereof, for any purpose, in any front or side yard area on any R -zoned lot. except in a permitted driveway or in a parking facil- ity 3. Repair, Dismamling or Storage of Vehicles. No person shall assemble, repair. dismantle or store any vehicle on any part of an R -zoned lot. other than as provided in this sectim unless such work is done: L Within an enclosed building; or b. In an area which is completely enclosed by view - obscuring walls not less than six feet in height, or by the exterior walls of a building or buildings. or combination thereof. 4. Exception. The prohibition imposed by sub- section A3 of this section shall not apply to the occasional and incidental repair of vehicles owned or leased by the person in possession of the lot on which such takes place, provided that a disabled vehicle which is being repaired or assembled shall not be stored except as provided in subsection A3 of this section for a period longer than seven con- secutive days within any thirty -day period. B. Storage of Boats and/or Trailers. No person shall stort or park any boat or trailer in any required front or side yard area on any R -zoned lot. C. Location of Buildings. Location of buildings on any R -zoned lots shall conform to the following: 1. No building may be located on any portion of a required yard art&. except as expressly provided in this section: and 2. The distance between buildings shall not be less than ten feet. In the R -1 zone, the distance between a second dwelling and a main building looted on the same lot. if the entrance of the sec- ond dwelling facts the real of the main building. shall be twenty feet and ­_>T Dettched nondwelling accessory buildings. not including guesthouses. when located entirely in the tear one -third of the lot. may build: L On interior lots. to each side lot line and to the star lot line. b. On comer lots. to the interior side line and the tw line. C. On reversed comer lots, to the interior side lot line only. Page 23 of 24 d. On any lot served by an alley, no such build- ing shall be located within five feet of the rear lot line, nor within five feet of one side lot line. e. Notwithstanding the provisions of paragraphs 3a through 3c of this subsection. on R -E -zoned lots. nondwelling accessory buildings in the rw one. third of the lot shall not be placed closer than five feet to a side lot line, nor closer than ten feet to It tar lot line; 4. Dwel ft units constructed above garages shall observe all yard mquire:ments: — A guesthouse may be located on any portion of a lot where a main building can be placed. D. Walls and Fences. Except as provided in Section 18.64.050. a wall or fence, not including a retaining wall. not exceeding six feet in height may be erected and maintained on any pan of a los. except within required front and street side yards, provided than 1. Within the required front yard the maximum height of a wall or fence shall not exceed forty -two inches, 2. Within the required strut side yard on comer lots, that pan of a wall or fence which exceeds forty -two inches in height shall be constructed of wrought iron, or other material of similar open quality provided: A. On reversed comer lots, a solid (view- obscur- ing) fence or wall may exceed forty-two inches in height along the street right -of -way line if a land- scaped setback an average of two feet in width between the sidewalk and the wall is maintained along the entire length of the wall. and b. On reversed comer lots. a fence or wall along the common property line with the lot to the scar (key lot) shall not exceed the height allowed on the key lot. unless such fence or wall is set back at least five fat. or a triangular art& measuring ten feet along the common lot line and sweet right -of -way line shall be maintained wherein the portion of the fence or wall over forty -two inches is constructed of wrought iron, or other material of similar open quality, and C. A solid (view - obscuring) fence or wall loco- ed adjacent to a driveway, may exceed forty -two inches in height if a triangular area measuring five feet along the driveway and street right -of -way line is maintained. CITY OF WHITTIER 0 C: 5 8 EA- 419 /GPA 97 -3 /ZTA 97 -3 DRAFT AMENDMENTS — NOVEMBER 18, 1997 ACCESSORY STRUCTURE — EXHIBIT 2 3. Retaining Watts. L Within the required front yard or street side yard the maximum height of a retaining wall shall not exceed forty-two inches, provided that if more am forty -two inches of earth is required to be retained, additional retaining walls not exceeding forty -two inches in height may be constructed be- hind the lowest retaining wall a minimum of two fat or "crib" type retaining wall systems shall be used with the open spaces within the retaining sys- tem platted with appropriate landscaping materials. b. Retaining walls over three feet in height within the required front yard or street side yard shall be set back from the sidewalk or right -of -way line an average of two feet and the space appropri- ately landscaped. c. Exception The provisions of subdivisions 3(a) and (b) of this subsection shall not apply to a lot which is located below street grade. and where retaining walls within the required frost or street side yard do not face the street; 4. Walls and fences on top of retaining walls. Where a fence or wall. is to be located on top of a retaining wail within the required front or street side yard, and the combined height would be in excess of six feet, the fence or wall at the top of the mWn- ing wall shall be set back an additional two feet, with the setback area appropriately landscaped; S. Where a retaining wall is located on a lot line separating lots, except within the required front or street side yard, such retaining wall may be topped by a fence or wall such that the combined height of the retaining wall and wall or fence does not exceed six feet. measured from the grade of the property immediately adjacent to the wall on which the wall is to be constructed; except when such retaining wall is located within the mar one -third of the prop- erty upon which the wan is located. L Where a fence or wall is required to complete a complying fence enclosure for a swimming pool. such fence or wall may be placed on top of such mtaining wall at such a height as to comply with pool enclosure requirements. and b. Where such retaining wall or fence is located in a required front yard area. no potion of any wall or fence placed on top of such retaining wall shall be in excess of forty-two inches in height Page 24 of 24 E. Refuse and Storage - Disposal Areas. 1. Requited. Temporary refuse storage areas. constructed and maintained in accordance with the provisions of this section, shall be required on each R -zoned lot in the city. 2. Size. Temporary refuse storage areas shall be provided and maintained of a size not less than the following: L For R.E. H R and R -1 lots. adequate for tem- porary storage of refuse originating on the lot; b. For R -2, R -3 and R4 lots: I. For the first six dwelling units located on a lot. twenty -five square fat of area. and ii. For the next four dwelling units located on a lot. four additional square feet. and iii. For each dwelling unit over ten located on a lot. two additional square fat 3. Exception. Compliance with the provisions of subdivisions l and 2 of this subsection will not be required if each dwelling unit is supplied with a trash compactor device. CITY OF WHITTIER 0 C5n EA- 41 9 /GPA 97 -3/ZTA 97 -3 Page 1 of 7 DRAFT AMENDMENTS - NOVEMBER 16, 1997 WALL HEIGHTS- EXHIBIT 3 A/ Fence height. The vertical distance between the ground and top of a fence measured from the existing grade. The height shall be measured in a continuum at each point along the fence. B/ Fence, wall, hedge, flagpole. Any fence, wall, hedge, or flagpole shall comply with the following standards: 1. (a) Fences, walls, or hedges shall not exceed eight feet in height when located in a required side yard or rear yard. (b) Fences, walls or hedges located in a required street side yard shall not exceed thirty-six inches in height at a point within five feet of an intersection of the street side property line and any driveway or alley. 2. (a) Fences, walls or hedges shall not exceed forty -two inches in height when located in a required front yard, except that on comer parcels within five feet of an intersection, the fence, wall or hedge height shall not exceed thirty -six inches in height. (b) A front yard chain link fence for a school may be up to eight feet in height, but shall not exceed thirty -six inches in height within five feet of an intersection. 3. Fence, wall or hedge height shall be measured from the existing grade. In all cases, the fence, wall or hedge height shall be measured in a continuum at each point along the fence, wall or hedge. 4. Freestanding flagpoles may not exceed the height restrictions of the district in which they are located. A/ Fences and walls. The maximum height of a fence or wall shall be 6 feet in required side or rear yards, and 42 inches in required front yards. In addition, all fences and walls shall be subject to the driveway visibility requirements. 1. A fence or wall having additional non - retaining height shall be permitted wherever a 6 foot fence is allowed, provided such additional height over 6 feet meets one of the following criteria: 0 r, flip EA- 419 /GPA 97 -3/ZTA 97 -3 Page 2 of 7 DRAFT AMENDMENTS - NOVEMBER 18, 1997 WALL HEIGHTS- EXHIBIT 3 a. The additional portion is required, for safety purposes, by the Building Official; is constructed of primarily vertical railing that is continuously at least 75% open; and the total combined fence /wall height does not exceed 11 feet. b. The additional portion is sloped inward (open or solid) at an angle of not less than 30 degrees and no more than 45 degrees from vertical, and provided, further, that such additional portion shall not make the total height of the fence more than 8 feet and shall not extend closer than 3 feet to any part of any building. For the purpose of this section, fence /wall height shall be measured from the lower finished grade (which may include a neighboring private or public property's grade) adjacent to any portion of a vertically oriented barrier (including solid hedges, but excluding structures and buildings, etc.) to the corresponding top of said barrier portion, including any attachments. If more than one fence /wall is located within a required yard, any portion of a fence /wall that projects above a 45- degree daylight plane inclined inward from the top of the lowest adjacent fence /wall, shall be counted toward the height measurement of the lowest fence /wall. CITY OF REDONDO BEACH (Fences, hedges, walls, and obstructions in all zones) A/ Purpose. This section is intended to provide for the regulation of the height and location of fences, walls, and similar obstructions, for the purpose of providing for light, air, and privacy and safeguarding the public welfare by preventing visual obstructions at street and highway intersections. The provisions of this section shall not be deemed to set aside or reduce the requirements established for security fencing, either by local, State, or Federal laws, or by the safety requirements of the Board of Education. B/ Height. Not withstanding the definition of height pursuant to Section 10- 2.402, for the purposes of this section height shall mean the vertical distance from existing grade to the top of the fence, hedge, or wall. The following standards shall apply: 1. All residential zones. a. Front setbacks. No fence, hedge, or wall over 42 inches in height shall be permitted within any required front setback. b. Rear and side setbacks. Except as permitted in subsections (C) and (E) of this section, no fence, hedge, or wall greater than six (6) feet in height shall be permitted within any required rear setback or side setback. 0 Q6.1 EA- 419 /GPA 97 -3/ZTA 97 -3 Page 3 of 7 DRAFT AMENDMENTS - NOVEMBER 18,1997 WALL HEIGHTS- EXHIBIT 3 C. Reverse comer lots in residential zones. Notwithstanding subsection (b) above, no fence, wall, or hedge over 42 inches in height shall be permitted within a triangular area at the comer of the lot abutting the front setback of the key lot, which triangle shall be formed by the rear and exterior side lot lines and a diagonal line drawn between two points located 15 feet along the rear and exterior side lot lines from their point of intersection. 2. All non - residential zones. a. Front and exterior side setbacks. No fence, hedge, or wall over 42 inches in height shall be permitted within any required front or exterior side setback. b. Rear and interior side setbacks. Except as permitted in subsections (C) and (E) of this section, no fence, hedge, or wall greater than six (6) feet in height shall be permitted within any required rear setback or interior side setback. C/ Walls required. Multiple - family residential zones, wall required. A six (6) foot high decorative masonry wall, or a six (6) foot high decorative wall of mixed construction utilizing a masonry base and masonry pilasters, which shall compose at least 30 percent of such wall, and such other materials as the Planning Division may approve for not more than 70 percent of such wall, shall be provided along the side and rear lot boundaries for two (2) or more dwelling units, except along the street side of corner lots. The requirement may be waived under the following circumstances: a. The wall would be between two adjacent lots which are being developed concurrently, and not requiring a wall will enhance the aesthetic character of the project; b. The wall would be duplicating the function of an existing wall on the adjacent property which conforms to the intent and requirements of this subsection. 2. Boundaries between zones, wall required. a. Where a residential and a commercial zone share a common boundary along a property line, a wall shall be constructed with a minimum height of six (6) feet and a maximum height of eight (8) feet, except where such wall abuts the required residential zone front setback, such wail shall not exceed 42 inches in height. 0 �G1C EA- 419 /GPA 97 -3/ZTA 97 -3 Page 4 of 7 DRAFT AMENDMENTS - NOVEMBER 18, 1997 WALL HEIGHTS- EXHIBIT 3 b. Where a residential and an industrial zone or a commercial and an industrial zone share a common boundary along a property line, a wall shall be constructed with a minimum height of six (6) feet and a maximum height of eight (8) feet, except where such wall abuts the required residential or commercial zone front setback, such wall shall not exceed 42 inches in height. D/ Maintenance of visibility at street and alley comers in all zones. 1. All comer lots shall maintain for safety vision purposes a triangular area at the street intersection comer of the lot, which triangle shall be formed by the front and side lot lines and a diagonal line drawn between two points located 15 feet along the front and side lot lines from their point of intersection or, in the case of a rounded lot comer, from the point of intersection of such lot lines if extended. Within such triangular area, no tree, fence, shrub, or other physical obstruction higher than 36 inches above the established sidewalk grade shall be permitted. 2. Where a lot abuts both a street and an alley, a triangular area shall be maintained for safety vision purposes at the intersection of the street and alley, which triangle shall be formed by the lot lines abutting the street and alley and a diagonal line drawn between two points located 15 feet along each lot line from their point of intersection or, in the case of a rounded lot comer, from the point of intersection of such lot lines if extended. Within such triangular area, no tree, fence, shrub, or other physical obstruction higher than 36 inches above the established curb grade shall be permitted. E/ Swimming pools and hot tubs in all zones. Swimming pools and hot tubs shall be entirely enclosed by buildings, fences, or walls not less than six (6) feet nor more than eight (8) feet in height. Such fences shall be equipped with self latching gates with the latches not less than four (4) feet above the ground. All fencing shall be in place and approved by the Building Division before water is run into the pool. CITY OF HERMOSA BEACH (walls, fences and hedges in residential, commercial and manufacturing zones) A/ A wall, fence or hedge thirty -six (36) inches in height may be located and maintained on any part of the lot. A fence, wall or hedge not more than six feet in height may be located anywhere on the lot to the rear of the rear of the line of the required front yard, provided that on the side street line of a comer lot a fence, wall or hedge higher than thirty -six (36) inches may extend only from the rear lot line to the rear line of the 0 C63 EA- 419 /GPA 97 -3/ZTA 97 -3 Page 5 of 7 DRAFT AMENDMENTS - NOVEMBER 18, 1997 WALL HEIGHTS- EXHIBIT 3 required front yard on the lot to the rear. B/ Where a retaining wall protects a cut below the natural grade, and is located on the line separating lots, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed. Where a retaining wall contains a fill, the height of the retaining wall built to retain the fill shall be considered as contributing to the permissible height of a fence, solid wall or hedge; provided, that in any event, a protective open work fence or wall not more than forty -two (42) inches in height may be erected at the top of the retaining wall. An `open work fence" means a fence in which the component solid portions are evenly distributed and constitute not more than sixty (60) percent of the total surface area of the fence. C/ No fence or wail three feet or greater in height shall be constructed without first obtaining a building permit. D/ Walls, or fences, including the visible surface of retaining walls, shall be constructed of, or treated with, an aesthetically pleasing material approved by the Planning Director, including but not limited to, masonry block designed and manufactured to be exposed; wrought iron or simulated wrought iron; brick; wood; stucco or paint. Plain gray untreated block not designed or manufactured to be exposed and chain link fences are prohibited. E/ Where commercial, manufacturing or any use other than residential uses abuts a residential use, a fence or wall with a height greater than as noted above may be constructed if a conditional use permit has been granted for such a fence or wall, subject to the following criteria: 1. The use of the higher wall or fence is necessary to mitigate potential noise, visual or other impact of a nonresidential use on a residential use. 2. The greater height will not be detrimental to neighboring property or to the public welfare, and will not interfere with the light, air and scenic views of any property. 3. The higher wall or fence shall be constructed of materials as noted in subsection D of this section. 4. Vehicle vision clearance shall not be hindered by a wall or fence resulting in a safety hazard. UL EA- 41 9 /GPA 97 -3/ZTA 97 -3 Page 6 of 7 DRAFT AMENDMENTS - NOVEMBER 18, 1997 WALL HEIGHTS- EXHIBIT 3 Measuring Height: A/ Measuring height of other structures. The height of other structures such as flag poles and fences is the vertical distance from the ground level immediately under the structure to the top of a structure, excluding exempted portions. When chimneys and other objects are allowed to exceed the base height of the zone by a set amount, that set amount is measured to the top of these objects. Special measurement provisions are also provided below. 1. Measuring height of retaining walls and fences. Retaining walls and fences on top of retaining walls are measured from the ground level on the higher side of the retaining wall. 2. Measuring height of decks. Deck height is determined by measuring from the ground to the top of the floor of the deck if there is no rail or if the rail walls are more than 50 percent open, and from the ground to the top of the rails for all other situations. Determining Average Slope A/ Average slope used. When calculating the slope of a lot, an average slope is used based on the elevations at the comers of the lot. The average slope of a lot is calculated by subtracting the average elevation of the uphill lot line and the average elevation of the downhill lot line and dividing the sum by the average distance between the two lot lines. The average elevation of the uphill or downhill lot line is calculated by adding the elevations at the ends of the lot line and dividing by two. A/ Height of fences in R districts. 1. In any R district, no fence or hedge which exceeds five feet in height, measured from the average of the ground level at both sides of the fence, is permitted in that part of the lot which is the front setback. 2. In any R district, fences seven feet in height shall be permitted at side and rear property lines, provided the last foot in height is of an open design freely allowing light and air to pass through; all other fences in these locations shall not exceed six feet in height. EA- 41 9 /GPA 97 -3/ZTA 97 -3 Page 7 of 7 DRAFT AMENDMENTS - NOVEMBER 18, 1997 WALL HEIGHTS- EXHIBIT 3 B/ Fence height in all other districts. In all other districts, except as required for certain M -1 uses by Section 25.42.020(4), fences seven feet in height shall be permitted, provided the last foot in height is of an open design freely allowing light and air to pass through. C/ Measurement of height. Except as provided in Section 25.78.020(a), height of a fence or hedge shall be measured from the highest adjacent grade. D/ Fences on comer lots. On all comer lots, on that portion of the property lines which extend for fifteen feet in each direction from the external comer of the lot, no fence or hedge shall exceed three feet in height, measured from the curb level. When the comer lot is on a curve, the point from which measurement starts is the point of intersection of the tangents of that curve. E/ Exceptions from permitted heights. Fences of a greater height than herein permitted may be approved by the Planning Commission upon presentation of a petition. The petitioner must make sufficient showing: 1. . That there are exceptional circumstances; 2. That there is no public hazard; 3. That neighboring properties will not be materially damaged; 4. That the regulations cause unnecessary hardship upon the petitioner. P :\zoning\ea419 \exhibits \walls \ea419cc.sr 0 hQG EA- 419 /GPA 97 -3/ZTA 97 -3 DRAFT AMENDMENTS - NOVEMBER 18, 1997 SIGNS - EXHIBIT 4 CHAPTER 9.54 PROPERTY MAINTENANCE STANDARDS 9.54.020 PUBLIC NUISANCE DEFINED. Page 1 of 19 (m) The maintenance of signs and/or sign structures relating to uses no longer conducted or products no longer sold on vacant commercial, industrial, or institutional buildings more than ninety consecutive forty -five days after such buildings becomes vacant; CHAPTER 20.08 DEFINITIONS 20.08.740 20.08.765 SIGN, BILLBOARDS. "Billboards" mean any sign erected for the purpose of advertising a product, event, kk1i� person, or subject whether or not related to located the premises on which the sign is located and containing a surface or display area of 500 square feet or more. SIGN, GROUND. "Ground sign" means a billiard or sirn type of sign which is supported by one or more uprights, poles or braces in or upon the ground other than a eombi istiorreigrr, fin sign or pole sign, as defined by this code. V 4 67 15 �-WXPN R9; V 4 67 EA- 41 9 /GPA 97 -3/ZTA 97 -3 DRAFT AMENDMENTS - NOVEMBER 18, 1997 SIGNS - EXHIBIT 4 20.60 SIGNS Sections: 20.60.010 PURPOSE. 20.60.020 APPLICABILITY. 20.60.0240 PERMITS REQUIRED. 20.60.0450 DESIGN, CONSTRUCTION AND MAINTENANCE. 20.60.0160 MASTER 8R eeMMeN SIGNAGE PLAN. • 10l=1►I .l :l -;1. 20.60.010 PURPOSE. Page 2 of 19 The purpose of this .Qehapter is to encourage the effective use of signs as a means of communication in the Qeity; maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth; encourage pedestrian and traffic safety; minimize the possible adverse effect of signs on nearby public and private property; and to enable the fair and consistent enforcement of these sign restrictions. This Qehapter is adopted under the zoning authority of the City in furtherance of the more general goals set forth in the General Plan. 20.60.020 APPLICABILITY. A sign may 2= be ereeted, plseec, established, paimted, the-Gity� only in conformance with the stamdards, pmeedures, requirements of this Chapter. The effect of this Chapter as nore speelfiesHy set fe 1h heiehi, is: 0 (16 19 EA- 41 9 /GPA 97 -3/ZTA 97 -3 Page 3 of 19 DRAFT AMENDMENTS - NOVEMBER 18, 1997 SIGNS - EXHIBIT 4 A. To establish a permit system to allow a variety of types of signs in commercial and industrial zones, and a limited variety of signs in other Zones, subject to the standards and the permit procedures of this Chanter erdirb»ce; Be. To prohibit all signs not expressly permitted by this Chapter; and, C26 lly auaranteed right of free speech is °rotecte . 20.60.0140 PERMITS REQUIRED. P placement. erection or modification of any sign which If-asigrr requirlaing a permit under the provision of this Chapter. is , erected or modified oil a let, the owme, of the lei she!' seeure et sigi permit. iJ. No Iaigns in the public right -of -way exeent- *,I shams erected accordance with Section 20.60.a9f0. 0 069 Jots 1411-1 DIM 20.60.0140 PERMITS REQUIRED. P placement. erection or modification of any sign which If-asigrr requirlaing a permit under the provision of this Chapter. is , erected or modified oil a let, the owme, of the lei she!' seeure et sigi permit. iJ. No Iaigns in the public right -of -way exeent- *,I shams erected accordance with Section 20.60.a9f0. 0 069 EA- 41 9 /GPA 97 -3/ZTA 97 -3 DRAFT AMENDMENTS - NOVEMBER 18, 1997 SIGNS - EXHIBIT 4 Page 4 of 19 No sign permit of any kind shall be issued for any existing or proposed sign unless such sign Is consistent with the requirements of this Chanter T- Me and with the Signnge Plan in effect for the property. 20.60.0450 DESIGN, CONSTRUCTION AND MAINTENANCE. A. All signs shall comply with applicable provisions of the latest adopted Uniform Building Code, the National Electrical Code, and Uniform Sign Code; B. Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this Qehapter, all signs shall be constructed of permanent materials, and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame, or structure.; and, C. All signs permitted pursuant to this Chanter shall be maintained in good structural condition, 1 RI'0 116M 0 • 10M5 : •li • • - , i •itr•TTitf'T•'1111111177TiT11111111• 'U aMEDIT Mine 20.60.0 60 MASTER eReemmeN SIGNA6=E PLAN. No permit shall be issued for an individual sign requiring a permit unless and until a Meater SigneV Plan for the development. lot, or business om wh1eh the sigm will be e eeled has been subi Oted-a td approved by the Director of Planning and Building Safety. A. hkaMrSignVe Plan Reaulremente. let Metter Signage Plan AM containing the following: 1. An accurate j= plot plan of the lot, 2. Location of buildings, parking lots, driveways, and landscaped areas §L= on the plot pjan such lot; 3. Computation of the maximum total sign area, maximum area for individual signs, height of -signs and number of free-standing signs, 0 070 EA- 41 9 /GPA 97 -3/ZTA 97 -3 Page 5 of 19 DRAFT AMENDMENTS - NOVEMBER 18,1997 SIGNS - EXHIBIT 4 and total buildina wall area on which the signs are located rt"owed em an+, 4. jthe proposed location of each sign, present and future, -of -any -type; whether requiring a permit or not, shown on both the plot plan .� ����a•�•�.n��.�d elevations i J/•f7TTt.T1T�TS� ,, shall also speeify eonsistenlcy stapes among all signs on the lots affected by the Plan with regard to: A+- Color scheme; k.E- Lettering or graphic style; 2.8- Lighting; 1.5-. Material; and, g.6. Sign dimensions. @8. Showing Window Signs on Oemmen or Meste SignVe Plan. A 19ommiem or Meister Signage Plan, ' , may simply indicate the areas of the windows to be covered by window signs and the general type of the window signs and need not specify the exact dimension or nature of every window sign. 41111.11L.1111 0 -eve .Q9. Consent. The Signage Plan shall be signed by all owners or their authorized agents 0 0 ?l ,, shall also speeify eonsistenlcy stapes among all signs on the lots affected by the Plan with regard to: A+- Color scheme; k.E- Lettering or graphic style; 2.8- Lighting; 1.5-. Material; and, g.6. Sign dimensions. @8. Showing Window Signs on Oemmen or Meste SignVe Plan. A 19ommiem or Meister Signage Plan, ' , may simply indicate the areas of the windows to be covered by window signs and the general type of the window signs and need not specify the exact dimension or nature of every window sign. 41111.11L.1111 0 -eve .Q9. Consent. The Signage Plan shall be signed by all owners or their authorized agents 0 0 ?l EA- 419 /GPA 97 -3/ZTA 97 -3 Page 6 of 19 DRAFT AMENDMENTS - NOVEMBER 18,1997 SIGNS - EXHIBIT 4 2l-l. Procedures. A Signage Plan may be amended by filing a new Signage Plan that conforms with all requirements of thjae Chapter . 20.60Qj++0 GENERAL PERMIT PROCEDURES. The following procedures shall govern the submission and review appliaatiorrfer, and issuance of all jaign P.ii permits under this Chapter ordinanee, and the application for and issuance of Signage Psi plans: .7. M-7- •A - -A 1$. Fees. Each application for a Master or6ommen Signage Plan shall be accompanied by the applicable fees, which shall be established by the City Council. by resolti ion; A Sian permit. consistent with an approved Sian Plan. &e. Completeness. Within J25 worms days of receiving an application fora Signage Plan, the Director of Planning and Building Safety shall review it for completeness. If the Director finds it is complete, the application shall then be processed. If the Director finds it is incomplete, the Director shall, within such 125 -day period, send to the applicant a notice of the specific ways in which the application is deficient, with appropriate references to the applicable sections of this Qehapter; and, 3g9. Action. Within IV working days of the submission of a complete application for a Sion sign-permit, the Director shall either: • • �u- 1- {i�- I�Ln-lul- Jn�r�u- y� -���L• - A 1. JR- 0 0772 rot.-��A�Yi�YWAMWY�IYYWLWYWWI�aYw 20.60Qj++0 GENERAL PERMIT PROCEDURES. The following procedures shall govern the submission and review appliaatiorrfer, and issuance of all jaign P.ii permits under this Chapter ordinanee, and the application for and issuance of Signage Psi plans: .7. M-7- •A - -A 1$. Fees. Each application for a Master or6ommen Signage Plan shall be accompanied by the applicable fees, which shall be established by the City Council. by resolti ion; A Sian permit. consistent with an approved Sian Plan. &e. Completeness. Within J25 worms days of receiving an application fora Signage Plan, the Director of Planning and Building Safety shall review it for completeness. If the Director finds it is complete, the application shall then be processed. If the Director finds it is incomplete, the Director shall, within such 125 -day period, send to the applicant a notice of the specific ways in which the application is deficient, with appropriate references to the applicable sections of this Qehapter; and, 3g9. Action. Within IV working days of the submission of a complete application for a Sion sign-permit, the Director shall either: • • �u- 1- {i�- I�Ln-lul- Jn�r�u- y� -���L• - A 1. JR- 0 0772 EA- 41 9 /GPA 97 -31ZTA 97 -3 Page 7 of 19 DRAFT AMENDMENTS - NOVEMBER 18, 1997 SIGNS - EXHIBIT 4 Rejeet the 290g. f= perrmat, if the sigm(a) that *9 the subjeet iemts of this ehapter amft, of the applicable Master she" specify am the ml " leteam(s) of this ehapter or AS. Approve the proposed plan If the sign(s) as shown on the plan and the plan itself conforms in every respect with the requirements of this Qehapter; or, k4. Reject the proposed plan if the sign(s) as shown on the plan or the plan itself fails In any way to conform with the requirements of this Qehapter. In case of a rejection, the Director shall specify in the rejection the section(s) of this Qehapter with which the plan is inconsistent. IL Sion Permits I a. 11 0 n7� EA-41 9/G PA 97 -3/ZTA 97 -3 DRAFT AMENDMENTS - NOVEMBER 18, 1997 SIGNS - EXHIBIT 4 L�l l•S- la[ -t'1�L 1• All, It- 11-111 1111A, �� a �•�f. eat•�s -ua�u- to •i•�f�.lau�air�•�- a- a.�•l.uu�- nil- �au�.i -rt. �• � -n Page 8 of 19 1= L�Tlff�at •�-t-laal\- lfll• .If -If\' ] l• — 1♦t♦I - 1i-Jlffa f�l�1- 1'hl- 1♦�tt•I <•11 -111!1 Q F �tYYiIYMWYlYW11iYIfV11iPIYiYMISI1Yi 0 074 Ic l -tdM W-19 I- amiss Ma a- nI- \•l -A- 1t-1•M 0 1111-1 r IN Mr a a L- ak- AI- 1t -M -I- - 1- 11- r]PImt-M- 7a1- Its ■1V 0 - A -1.1 -1 a1 a I kq%- 1- aI ant ■ �iiii•T �:ia'i- i��iiii•ai- u•n>.a• Liar: �:i�a- 1•I•vu- i►i- i�•u- i�l -inaui look-Al al- Ml -1Ia 1- 1- 1a- 1 &'<K1l•Oat llld Igo t 11111 ->, L-AM l u- o vAL-I- I L -n I- [-I M*L -I - I �c- uw- rrvai- s•�a -44ffi la•ni- i•To ava•i iaAuu- iaoI- Ir•i•i EA- 41 9 /GPA 97 -3/ZTA 97 -3 Page 13 of 19 DRAFT AMENDMENTS - NOVEMBER 18, 1997 SIGNS - EXHIBIT 4 Q$. Flaa�Pennants . except those exempt under the previous section; � Off -site signs: L Signs which emit sounds (except ordering menu boards atdrive- thrust, odor. or visible matte such as smoke or steam: Q6. Strings of lights not permanently mounted to a rigid background, except those exempt under the previous section; LI$. Trailer or portable signs; and; IS. Signs which are animated. flash she'! mot, rotate, pulsate, or otherwise move, .. 0 079 EA- 419 /GPA 97 -3/ZTA 97 -3 Page 14 of 19 DRAFT AMENDMENTS - NOVEMBER 18, 1997 SIGNS - EXHIBIT 4 20.60.1&09e SIGNS ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT -OF -WAY. 1 1�t ww 1040" 00 elm 112k. 0.1 IS W i­ i. I­ - 20.60.1&09e SIGNS ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT -OF -WAY. 1 1�t ww 1040" 00 20.60.1&09e SIGNS ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT -OF -WAY. 1 1�t EA- 419 /GPA 97 -3/ZTA 97 -3 Page 15 of 19 DRAFT AMENDMENTS - NOVEMBER 18, 1997 SIGNS - EXHIBIT 4 No signs shall be allowed on public orooerty or in the public right -of -way, except as approved by the Public Works Department, consistent with Title 12 ehapter12.84 of the El Segundo Municipal Code, and as listed below: A. Permanent Signs. , imeludimg- 1 Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic and street narkino regulations; Imo; 2. Bus stop signs erected by a public transit company; 3. Informational signs of a public utility regarding its poles, lines, pipes, or facilities; and, 4. Awning, canonv. fin. marquee. projecting and suspended signs projecting over public nronertv or a public right -of -way in conformance with the provisions contained within the latest adopted Uniform Building Code and Uniform Sign Code. �- Dui• �•. c- u• �. •i�■�- .��ue- r.u- ���•�..uc,u■�■i ten• uuu- c►�i- uu�- i- ri- �•�a�� Jae. Emergency or Construction Signs. Emergency and construction warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within public pronertv or the public right -of -way. Qe Removal of Other Signs forfiehed, a A"y signs installed or placed on public property or in the public right- of -wav not except in conformance with the requirermeits of this section may be removed without complvino with 1 1: EA- 419 /GPA 97 -3/ZTA 97 -3 Page 16 of 19 DRAFT AMENDMENTS - NOVEMBER 18, 1997 SIGNS - EXHIBIT 4 L Q 1 -.I•:• • :I. 1= 1.1 •1 • 11 1• •I • :• _ -• • I- 11= 1 • 1 • 1 I Isl i if I 1 • - • 1 L elf- 0 082 EA- 419 /GPA 97 -3/ZTA 97 -3 Page 18 of 19 DRAFT AMENDMENTS - NOVEMBER 18, 1997 SIGNS - EXHIBIT 4 LOA I CHAPTER 20.78 ADJUSTMENTS 20.78.010 GRANTING. Whenever a strict interpretation of the provisions of this Title or its application to any specific case or situation pertaining to height or location of a wall, hedge, or fence would result in the unreasonable deprivation of the use or enjoyment of property, an adjustment may be granted in respect to height or location of a wall, fence, or hedge, subject to the following restriction and in the manner hereafter provided. 0 084 CHAPTER 20.78 ADJUSTMENTS 20.78.010 GRANTING. Whenever a strict interpretation of the provisions of this Title or its application to any specific case or situation pertaining to height or location of a wall, hedge, or fence would result in the unreasonable deprivation of the use or enjoyment of property, an adjustment may be granted in respect to height or location of a wall, fence, or hedge, subject to the following restriction and in the manner hereafter provided. 0 084 EA- 41 9 /GPA 97 -3/ZTA 97 -3 Page 19 of 19 DRAFT AMENDMENTS - NOVEMBER 18, 1997 SIGNS - EXHIBIT 4 No adjustment shall be made to permit a wall, hedge, or fence to exceed 8 feet in height. An adjustment may also be granted for Architectural Landscape Features which exceed the standards set forth in Section 20.12.170. and Signs which exceed the standards set forth in Chapter 20.60; and, in the manner hereafter provided. GENERAL PLAN AMENDMENT Policy LU1 -5.2 Adopt a comprehensive sign ordinance which will regulate the quantity, quality, and location of signs. The use of pole signs in the Citv should be discouraaed. General Plan - Land Use Element Page 3.20 p:\zoning \ea419 \exhibits \signs \signcode MI 1 EA- 419 /GPA 97 -32TA 97 -3 DRAFT AMENDMENTS - NOVEMBER 18, 1997 SIGNS - EXHIBIT 4 CHAPTER 9.54 PROPERTY MAINTENANCE STANDARDS 9.54.020 PUBLIC NUISANCE DEFINED. Page 1 of 19 (m) The maintenance of signs and /or sign structures relating to uses no longer conducted or products no longer sold on vacant commercial, industrial, or institutional buildings more than ninety consecutive forty live days after such buildings becomes vacant; CHAPTER 20.08 DEFINITIONS 20.08.740 SIGN, BILLBOARDS. "Billboards" mean any sign erected for the purpose of advertising a product, event, busies person, or subject whether -or not related to coca„ t� the premises on which the sign is located and containing a surface or display area of 500 square feet or more. 20.08.765 SIGN, GROUND. "Ground sign" means a bil"ard orairm iler type of sign which is supported by one or more uprights, poles or braces in or upon the ground other than a eonibirtetiorraigrr, fin sign or pole sign, as defined by this code. 0 086 EA- 419 /GPA 97 -3/ZTA 97 -3 DRAFT AMENDMENTS - NOVEMBER 18, 1997 SIGNS - EXHIBIT 4 20.60 SIGNS Sections: 20.60.010 PURPOSE. 20.60.020 APPLICABILITY. R8.60.680 SIGN ARE B 1 1EIGI IT-. 20.60.0240 PERMITS REQUIRED. 20.60.0150 DESIGN, CONSTRUCTION AND MAINTENANCE. 20.60.0,x60 MAffER eR eeMMeN SIGNAGE PLAN. iii .1 �•i 20.60.010 PURPOSE. Page 2 of 19 The purpose of this .Qehapter is to encourage the effective use of signs as a means of communication in the .Qeity; maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth; enc pedestrian and traffic safety; minimize the possible adverse effect of signs on nearby public and private property; and to enable the fair and consistent enforcement of these sign restrictions. This Qehapter is adopted under the zoning authority of the City in furtherance of the more general goals set forth In the General Plan. 20.60.020 APPLICABILITY. A sign may 2Qy be erected, pleeed7 established, paimted, created e, 7iekitaimed-in the6ity onlq in conformance with the stamelards, proeedures, requirements of this Chapter. The effect of this Chapter , is: 1 1: EA- 41 9 /GPA 97 -3/ZTA 97 -3 Page 3 of 19 DRAFT AMENDMENTS - NOVEMBER 18, 1997 SIGNS - EXHIBIT 4 A. To establish a permit system to allow a variety of types of signs in commercial and industrial zones, and a limited variety of signs in other Zones, subject to the standards and the permit procedures of this Chanter erdimencee; feives hi the public right-of-weir, BE). To prohibit all signs not expressly permitted by this Chapter; and, CIL To ensure that the constitutionaliv guaranteed right of free speech is Prot. B. To provide Mr the emfo veme.it of the provisiems of thee Ghlepte . 20.60.02*0 PERMITS REQUIRED. 0 .. slam A. N* ,Qsigns shall be e,e in the public right -of -way except -in shams erected in accordance with Section 20.60. jZen. AM 11 M-1 IF 20.60.02*0 PERMITS REQUIRED. 0 .. slam A. N* ,Qsigns shall be e,e in the public right -of -way except -in shams erected in accordance with Section 20.60. jZen. EA- 419 /GPA 97 -3/ZTA 97 -3 Page 4 of 19 DRAFT AMENDMENTS - NOVEMBER 18, 1997 SIGNS - EXHIBIT 4 No sign permit of-wy-kind shall be issued for any existimu or provesed sign unless such sign is consistent with the requirements of this Chi Title and with the Signe" Plan in effect for the property. 20.60.0450 DESIGN, CONSTRUCTION AND MAINTENANCE. A. All signs shall comply with applicable provisions of the latest adopted Uniform Building Code, the National Electrical Code, and Uniform Sign Code; B. Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this Qehapter, all signs shall be constructed of permanent materials, and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame, or structure.; and, C. All signs petted oursuant to this Chapter shall be maintained in good repair. structural condition, function properly, be free-from all _defects. and electrical codes this code, at all times, 20.60.0A60 MASTER eR eemmeN SIGNAGE PLAN. No permit shall be issued for an individual sign requiring a permit carless end until a Master SignrV Plan or ek Gommem Sigmage Plaft for the development. lot, or business has been submitted a. td approved by the Director of Planning and Building Safety. A. Master Signs" Plan Reaulrements. For emy lot am which !he-ewm,&r Proposes to steel one or mere sigme requorhig it permit, tinless stieh W"i Ott Master Signege Plan (j containing the following: 1. An accurate egg plot plan of the lot, at such scale as the Bire 2. Location of buildings, parking lots, driveways, and landscaped areas gjl= on the plop stich-let; 3. Computation of the maximum total sign area, maximum area for individual signs, height of-sigre and number of freesMrtding signs, 0 089 EA- 41 9 /GPA 97 -3/ZTA 97 -3 Page 5 of 19 DRAFT AMENDMENTS - NOVEMBER 18, 1997 SIGNS - EXHIBIT 4 and total buildina wall area on which the sians are located et"Owed em ;emcF, 4. jthe proposed location of each sign, present and future, of emyt-tqp&7 whether requiring a permit or not, shown on both the plot plan and elevations .;j-UNL she I also speeify eonsistenley+ standards among all signs on the lots affected by the Plan with regard to: AA-: Color scheme; U.2-. Lettering or graphic style; g.i} Lighting; g.5: Material; and, 1.6. Sign dimensions. Jaffa. Showing Window Signs on Or Mastef Signsge Plan. A Gommm, or Master Signage Plan, " , may simply indicate the areas of the windows to be covered by window signs and the general type of the window signs and need not specify the exact dimension or nature of every window sign. 1Qf. Consent. The Maste, e, ftnvnem-Signege Plan shall be signed by all owners or their authorized agents amd Building Safety shall require. 0 0.90 EA- 41 9 /GPA 97 -3/ZTA 97 -3 Page 6 of 19 DRAFT AMENDMENTS - NOVEMBER 18,1997 SIGNS - EXHIBIT 4 2H. Procedures. A Slgnage Plan may be amended by filing a new Signmp Plan that conforms with all requirements of thyle Clime oi dimemee thmi im effect. 20.60.Q§440 GENERAL PERMIT PROCEDURES. The following procedures shall govern the submission and review appliestiom for, and issuance of all laign EJUI permits under this Ch„ as aid' ie iee, and the apolication for and issuance of Signage Permits pfarts: .I M, 19. Fees. Each application for a sigm perrmit or for approval ol a Master e, 6emrnorr Signage Plan shall be accompanied by the applicable fees, which shall be established by the City Council. by reselation; A sign Hermit. consistent with an anoroved Sian Plan. g6. Completeness. Within ZJS &= days of receiving an application fora Signege Plan, the Director of Planning and Building Safety shall review it for completeness. If the Director finds it is complete, the application shall then be processed. If the Director finds it is incomplete, the Director shall, within such 125 -day period, send to the applicant a notice of the specific ways in which the application is deficient, with appropriate references to the applicable sections of this Qchapter; and, 3gD. Action. Within J191 working days of the submission of a complete application for a Si sign per nit, the Director shall either: 0 091 . . �WWYYYYiW WIY'f1YIM11111WW VYIIYMW 20.60.Q§440 GENERAL PERMIT PROCEDURES. The following procedures shall govern the submission and review appliestiom for, and issuance of all laign EJUI permits under this Ch„ as aid' ie iee, and the apolication for and issuance of Signage Permits pfarts: .I M, 19. Fees. Each application for a sigm perrmit or for approval ol a Master e, 6emrnorr Signage Plan shall be accompanied by the applicable fees, which shall be established by the City Council. by reselation; A sign Hermit. consistent with an anoroved Sian Plan. g6. Completeness. Within ZJS &= days of receiving an application fora Signege Plan, the Director of Planning and Building Safety shall review it for completeness. If the Director finds it is complete, the application shall then be processed. If the Director finds it is incomplete, the Director shall, within such 125 -day period, send to the applicant a notice of the specific ways in which the application is deficient, with appropriate references to the applicable sections of this Qchapter; and, 3gD. Action. Within J191 working days of the submission of a complete application for a Si sign per nit, the Director shall either: 0 091 EA- 41 9 /GPA 97 -3/ZTA 97 -3 Page 7 of 19 DRAFT AMENDMENTS - NOVEMBER 18, 1997 SIGNS - EXHIBIT 4 ents of this 1b= ordins, tee a id of the etpplieabl -e , Rejeet the;Qsigm f= permiet, If the sigm(a) that *9 the au A9. Approve the proposed plan if the sign(s) as shown on the plan and the plan itself conforms in every respect with the requirements of this Qehapter; or, g4. Reject the proposed plan if the sign(s) as shown on the plan or the plan itself fails in any way to conform with the requirements of this Qehapter. In case of a rejection, the Director shall specify in the rejection the section(s) of this Qehapter with which the plan is inconsistent. a. 0 0,92 ■ 1- 17- 111 -11 ■ •/ \•1.11.1 -11.1 •1- f- 71I[- 1.\I$ll•11 7-11.1 11111 \- 1.7117111 - & -11 'Jill •1.1-hll•[•A•llll•1•I -IN hi•1.7 N7•1•1•r1•l•[- 11- 11d- 17- 11 -1.1 -111 lw-ll•Il■ u• �• 1u- a�-/ ulv/ 1- u•�lvn��- nuu�- 11[- .u7.i- anrv[ -, :711.1- 11x1 -7 a•J I.1- 171.11■1 a- i-I.Il 11 -7 V1■117- 111.7.•! -lIda• L-19-1 [-I auI- it- IC= < It. W1 -l-1 -a V IU'1- 11[t\- 1- 1u1 ■1- 14a•\ -A EA- 419 /GPA 97 -3/ZTA 97 -3 Page 13 of 19 DRAFT AMENDMENTS - NOVEMBER 18, 1997 SIGNS - EXHIBIT 4 IL Balloons or other inflated devices or sions used in connection with commercial premises for commercial numoses: 91 29. Flaa�f'ennants . except those exempt under the previous section; Fm Off -site sions: Signs which emit sounds (except ordering menu boards atdrive- thrust. odor, or visible matter. such as smoke or steam: QF. Strings of lights not permanently mounted to a rigid background, except those exempt under the previous section; JIB. Trailer or portable• signs; mid; E-. Netwithstandimg amy other previsioms of this title, me outdoor advertisino •• �r=- i-' uu�uc •u�•�- r�- sn•�•�•�•nia.u�•�•��• u�- �►•Auwnu• i Sigms used exclusively- body, effieAlor for the pesfimg of .� h. o- vices rendeied or woods produced or sold tipam the IS. Signs she'! iia , rotate, pulsate, or otherwise move, to I• EA- 419 /GPA 97 -3/ZTA 97 -3 Page 14 of 19 DRAFT AMENDMENTS - NOVEMBER 18, 1997 SIGNS - EXHIBIT 4 7­71M alMR177P 20.60.1&076 SIGNS ON PURL-IC-PR y AND IN THE PUBLIC RIGHT -OF -WAY 0 099 - .. .. lWq2L-AII&-t-I-IIL-J -Wow .. . . ._ ' .�. 20.60.1&076 SIGNS ON PURL-IC-PR y AND IN THE PUBLIC RIGHT -OF -WAY 0 099 .. lWq2L-AII&-t-I-IIL-J -Wow ._ 20.60.1&076 SIGNS ON PURL-IC-PR y AND IN THE PUBLIC RIGHT -OF -WAY 0 099 EA- 419 /GPA 97 -3/ZTA 97 -3 Page 15 of 19 DRAFT AMENDMENTS - NOVEMBER 18, 1997 SIGNS - EXHIBIT 4 No signs shall be allowed on public oroperty or in the public right -of -way, except as approved by the Public Works Department, consistent with Title 12 Ghapter 12.0* of the El Segundo Municipal Code, and as listed below: A. Permanent Signs. Pe, 1111tMeMt SiUMS, 1. Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic and street oarkina regulations; 2. Bus stop signs erected by a public transit company; 3. Informational signs of a public utility regarding its poles, lines, pipes, or facilities; and, 4. Awning, canopy. fin. marquee. projecting and suspended signs projecting over pu lic property or a public right -of -way in conformance with the provisions contained within the latest adopted Uniform Building Code and Uniform Sign Code. r- uuavc -u• �- Je. Emergency or Construction Signs. Emergency and construction warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within public property or the public right -of -way. 'Q$ Removal of Other Signs forfef e & Amy signs installed or placed on public property or in th public right -of -way not except in conformance with the req.Offlm—ent,.&-ef. this section may be removed without complying with 0 100 EA- 41 9 /GPA 97 -3/ZTA 97 -3 Page 16 of 19 DRAFT AMENDMENTS - NOVEMBER 18, 1997 SIGNS - EXHIBIT 4 0 Ar f& WIIIN, ...� F 0 101 EA- 419 /GPA 97 -3/ZTA 97 -3 Page 18 of 19 DRAFT AMENDMENTS - NOVEMBER 18, 1997 SIGNS - EXHIBIT 4 CHAPTER 20.78 ADJUSTMENTS 20.78.010 GRANTING. Whenever a strict interpretation of the provisions of this Title or its application to any specific case or situation pertaining to height or location of a wall, hedge, or fence would result in the unreasonable deprivation of the use or enjoyment of property, an adjustment may be granted in respect to height or location of a wall, fence, or hedge, subject to the following restriction and in the manner hereafter provided. 0 103 to CHAPTER 20.78 ADJUSTMENTS 20.78.010 GRANTING. Whenever a strict interpretation of the provisions of this Title or its application to any specific case or situation pertaining to height or location of a wall, hedge, or fence would result in the unreasonable deprivation of the use or enjoyment of property, an adjustment may be granted in respect to height or location of a wall, fence, or hedge, subject to the following restriction and in the manner hereafter provided. 0 103 EA- 419 /GPA 97 -3/ZTA 97 -3 Page 19 of 19 DRAFT AMENDMENTS - NOVEMBER 18, 1997 SIGNS - EXHIBIT 4 No adjustment shall be made to permit a wall, hedge, or fence to exceed 8 feet in height. An adjustment may also be granted for Architectural Landscape Features which exceed the standards set forth in Section 20.12.170 and Signs which exceed the standards set forth in Chapter 20.60; and, in the manner hereafter provided. GENERAL PLAN AMENDMENT Pollcy LU1.5.2 Adopt a comprehensive sign ordinance which will regulate the quantity, quality, and location of signs. The use of pole signs in the Citv should be discouraged_ General Plan • Land Use Element Page 3 -20 p:\ zoning \ea419 \exhibits\signs\signcode 0 104 EA- 4191GPA 97 -3/ZTA 97 -3 DRAFT AMENDMENTS - NOVEMBER 18, 1997 SCHOOL PARKING- EXHIBIT 5 Page 1 of 3 (11) Schools, private (a) Pre - school, 1 space for each 1 classroom, plus 1 space elementary through for each employee and faculty member. junior high level: school - - •. _ •- ••11 • t •1 ll • .• W ti ••.1. I W 0 P 11 lit-41TT, Adult level, • _•: business, and ._ 1 1: z alzKOWNWiffolow-IM11 0 0 :0 • - 1. MIS 0 - 11 - 1 • • 0 105 EA- 419 /GPA 97 -32TA 97 -3 DRAFT AMENDMENTS - NOVEMBER 18, 1997 SCHOOL PARKING- EXHIBITS Page 2 of 3 CITY PRIVATE HIGH SCHOOL ADULT SCHOOL/ COLLEGE EXCEPTION(SY OTHER PARKING REQUIREMENT PARKING REQUIREMENT RELATED REQUIREMENTS Laguna Hills 1.5 spaces per classroom 1 space per 1.5 persons (based N/A PLUS 1 space for each 3 on maximum number of students students (based on and staff) maximum student capacity) OR 1 space per 35 sq. ft. of gross floor area (GFA) Long Beach 7 spaces per classroom Trade/Vocational Schools: 20 PLUS auditorium or stadium spaces per 1000 GFA N/A parking requirements OR 1 space per 3.3 fixed seats WHICHEVER IS GREATER Newport Beach N/A As specified by a Use Permit As specified by a Use Permit Palo Alto Business and trade schools: 1 A use which is not 4 spaces per teaching space for each 4- person capacity specified, such as a station OR college, will be 1 space for each 250 sq. ft. Of determined by the GFA Director of Planning and WHICHEVER IS GREATER Community Environment. Santa Monica Minimum 50 spaces for each Private colleges, professional Maximum number of high school PLUS 4 spaces business or trade schools: 1 compact parking spaces: per classroom space per 80 square feet of 40% of the required assembly area (including parking. classrooms) OR 1 space per 4 fixed seats WHICHEVER IS GREATER Whittier 1 space for each 20 sq. ft. of Colleges, Universities, Vocational High schools require a GFA devoted to instruction Schools, Trade Schools, Conditional Use Permit purposes PLUS 1 space for Business Schools, Professional and the granting body each classroom Schools: 1 space for each 20 sq. (Planning Commission) OR ft. of GFA devoted to instruction may use the said as specified by the purposes PLUS 1 space for each standard or impose its Conditional Use Permit classroom own parking requirements 0 1 np EA- 419 /13PA 97 -3RTA 97 -3 DRAFT AMENDMENTS - NOVEMBER 18, 1997 SCHOOL PARKING- EXHIBIT 5 Page 3 of 3 CITY PRIVATE HIGH SCHOOL ADULT SCHOOL/ EXCEPTION(S)/ OTHER PARKING COLLEGE PARKING RELATED REQUIREMENT REQUIREMENT REOUIREMENTS Rancho Palos Verdes One (1) space for each One (1) space for each Where a university or (5) students, and parking two (2) employees plus college presents a for places of assembly as one (1) space for each development plan which for colleges, plus one (1) two (2) full -time or conforms with the total space for each employee. equivalent regularly parking requirements for enrolled students in employees, students, and graduate or places of assembly, said undergraduate courses, plan may be approved by plus one (1) space for the Planning each five (5) permanent Commission. seats, or for each forty (40) square feet of area for temporary seats In auditoriums and similar places of public assembly. Torrence Seven (7) spaces for a) Colleges: the number each classroom. of spaces shall be determined by the Planning Commission on the basis of the number of N/A students and the dormitory, athletic and entertainment facilities. b) Beauty colleges: one and one - quarter (1 -1/4) spaces for each student plus one (1) space for every two (2) instructors and/or employees. Manhattan Beach Schools, public or private WA N/A as specified by use permit, plus one (1) off - street loading space Hermosa Beach Business and trade Uses, such as high schools, and beauty schools, that are not N/A colleges: one (1) space specified will be for each one hundred forwarded to the (100) square feet of gross Commission for a parking floor area. determination. Santa Monica Minimum fifty (50) spaces One (1) space for every Maximum number of for each high school plus 80 square feet of compact parking spaces: four (4) spaces for each assembly area including 40% of the required classroom, or one (1) classrooms. parking. space for every four fixed seats, whichever is greater. Redondo Beach One (1) space for each Junior College/Trade If schools have faculty member, plus one Schools: one (1) space auditoriums, the required (1) space for each ten for every two (2) parking is the same as (10) students enrolled, employees, plus one (1) assembly parking space for every four (4) requirements. full time enrolled students. p: At0n1ng ba418\sxhibits\parkingba4l g- 4c.exh 0 107 EA- 41 9 /GPA 97 -3/ZTA 97 -3 Page 1 of 5 DRAFT AMENDMENTS - SEPTEMBER 11, 1997 COASTAL DEVELOPMENT PERMIT PUBLIC HEARING WAIVER - EXHIBIT C, ATTACHMENT 6 Chapter 20.92 COASTAL ZONE DEVELOPMENT PROCEDURES Sections: 20.92.010 PURPOSE. 20.92.020 PERMIT APPLICATION REQUIRED. 20.92.030 EXEMPT DEVELOPMENT. 20.92.040 PERMIT PROCEDURES. 20.92.050 NOTIFICATION REQUIREMENTS. 20.92.060 NOTICE CONTENTS. WAIVER OF PUBLIC HEARING, 20.9 20.92.070 ZONE CHANGES. 20.92.080 PENALTY. 20.92.010 PURPOSE. Coastal Development procedures are established to ensure that all public and private development in the Coastal Zone of El Segundo is consistent with the City's certified Local Coastal Plan. The area affected by these regulations is located west of Vista Del Mar. 20.92.020 PERMIT APPLICATION REQUIRED. In addition to any other permits or approvals required by the City, a Coastal Development Permit (CDP) shall be required and obtained from the City prior to commencement of any development in the Coastal Zone of the City, except: A. Developments on tide lands, submerged lands, or public trust lands over which the Coastal Commission has original permit jurisdiction; B. Developments determined to be exempt from the coastal development permit requirements pursuant to State law or regulations. An application shall be filed with the Director of Planning and Building Safety and a fee paid to the City to cover the cost of examining and processing the application. All such permits shall be processed in the time, form, and manner required by the Public Resources Code of the state of California, particularly Sections 65920 -65960 of said Code and shall be processed as expeditiously as possible. Concurrent processing may be scheduled for any other required discretionary permits. 0 108 EA- 41 9 /GPA 97 -3/ZTA 97 -3 Page 2 of 5 DRAFT AMENDMENTS - NOVEMBER 18, 1997 COASTAL DEVELOPMENT PERMIT PUBLIC HEARING WAIVER - EXHIBIT 6 20.92.030 EXEMPT DEVELOPMENT. No fee, public hearing, notice, or development permit shall be required for the types of development classified as exempt from Coastal Development Permit (CDP) requirements by State law or regulations. Whenever a permit is issued in the Coastal Zone by any department of the City and it is determined that the subject of the permit does not require a CDP because it is exempt, a memorandum to that effect shall be appended to the city's file copy of the permit. The file copy of the permit and the memorandum shall contain the applicant's name, the location of the project, and a brief description of the project. 20.92.040 PERMIT PROCEDURES. The following procedures shall be required for a CDP prior to the issuance of such permit: A. Jurisdiction. Upon receipt of an application for a CDP and prior to permit approval, the Planning Commission shall hold a public hearing in accordance with the regulations specified in this Chapter. except for minor developments pursuant to Section 20,92.065: B. Findings required. A CDP shall be granted only upon findings that the proposed development conforms to the certified Local Coastal Plan and Coastal Act public access and recreational policies; C. Date of final local action. The date when the Planning Commission adopts a resolution and findings approving or disapproving an application for a CDP; D. Notice of final local action. Within 7 calendar days of the date of the final local action on a CDP, a notice shall be sent to the applicant, to the Coastal Commission, and to any persons who specifically request such notice by submitting a self- addressed, stamped envelope. Such notice shall be accompanied by a copy of the Planning Commission resolution stating conditions of approval and written findings and the procedures for appeal of the action to the Coastal Commission; E. Appeals to Coastal Commission. All actions on CDP's may be appealed to the extent permitted by law to the Coastal Commission by an applicant, any aggrieved person, or by any two members of the Coastal Commission 0 1 �9 EA- 419 /GPA 97 -3/ZTA 97.3 Page 3 of 5 DRAFT AMENDMENTS - NOVEMBER 18, 1997 COASTAL DEVELOPMENT PERMIT PUBLIC HEARING WAIVER - EXHIBIT 6 according to the procedures of the Coastal Commission; F. Appeal period. The final local action must be appealed, if at all, within 20 calendar days of the receipt by the executive director of the notice of final local approval as provided in Section 20.92.050(4). The appeal period for projects approved by operation of law shall begin to run only upon the receipt of the local government notice that it has to take final action by operation of law pursuant to Government Code Sections 65950- 65957.1; and, G. Effective date of a CDP. A CDP shall become final only after expiration of the 10- working -day appeal period to the Coastal Commission or after the 21 st calendar day following final local action, whichever is later. The final decision of the local government on a CDP shall become effective within the time period stated above unless any of the following occur: 1. An appeal is filed according to Coastal Commission regulations; 2. The notice of local government action does not meet Coastal Commission regulations; 3. The notice is not received in the Commission's office in time to allow distribution and review within the appeal period; or, 4. Local notice is not given in accordance with Section 20.92.050 (4). 20.92.050 NOTIFICATION REQUIREMENTS. Notice of public hearing to consider a development within the local Coastal Zone shall be given by: A. First class mailing of a written notice not less than 10 days prior to the hearing date by: 1. The mailing of a notice to the owner of the property or duly authorized agent; 2. The mailing of a notice to all property owners and residents within 100 feet of the subject property; 3. The mailing of a notice to the Coastal Commission; and, 4. The mailing of a notice to all persons requesting notice for the individual project or all coastal zone hearings; B. The mailing or delivery of a notice to the El Segundo Public Library to be posted or kept in a public file; and, 0 1!() EA-4191G PA 97 -3/ZTA 97 -3 DRAFT AMENDMENTS - NOVEMBER 18, 1997 COASTAL DEVELOPMENT PERMIT PUBLIC HEARING WAIVER - EXHIBIT 6 Page 4 of S C. The posting of a notice on the site. The posting and maintenance of such notice shall be the responsibility of the applicant. Such notices shall be posted in a manner prescribed by the Director of Planning and Building Safety. Failure to adequately post or maintain the notice shall be cause for the continuance of the hearing. 20.92.060 NOTICE CONTENTS. All notices shall contain the following information: A. A statement that the development is within the Coastal Zone; B. The date of filing the application and the name of the applicant; C. The number assigned to the application; D. A description of the development and its proposed location; E. The date, time, and place at which the application will be heard by the local governing body or hearing officer; F. A brief description of the general procedure of local government concerning the conduct of hearing and local actions; and, G. The system for Coastal Commission appeals. MUMF. I ! I 1 I rime • 1111 M SM SM. • IM 177-11 • 11 • 91 • • 11 1• •' ••11 "1 film 017MMM • 1' M f 1 11 !• • ••11 1 •1 I min • • •• ��NIFIIFTSTI Mi. lip-NMUNTI-1 mil 1 11 !• •' ••11 1 1• 1• :• 6 IM 1 1• • • b III EA- 419 /GPA 97 -3/ZTA 97 -3 Page 5 of 5 DRAFT AMENDMENTS - SEPTEMBER 11, 1997 COASTAL DEVELOPMENT PERMIT PUBLIC HEARING WAIVER - EXHIBIT C, ATTACHMENT 6 M71 1 ' 1 • • • IrTal ml= 1 1 • 1•�•1'aTllf•�1 1 • 11 I /- - ••!1 -! •- 111 •• •1 IMPIRM 4=1 .•. • • �' • •1 • 1 1 1 ' • 11 11 • 1 1• • •.11 1 MI / • • 111 1: •1 20.92.070 ZONE CHANGES. No zone change on any site in the El Segundo Coastal Zone shall become effective until certified by the Coastal Commission. 20.92.080 PENALTY. Any violation of the provisions of this chapter within the El Segundo Coastal Zone shall also in appropriate cases constitute a violation of Division 20, Section 30000 et seq. of the Public Resources Code of the State of California and shall be subject to the remedies, fines, and penalties provided in Division 20, Chapter 9, Section 30800 et seq. of the Public Resources Code. This provision shall not preclude any enforcement under the provisions of this code. Any violation of the provisions of this chapter shall also constitute a violation of the El Segundo Municipal Code. p: lzoning\ea- 419\exhibits\coastal -\20- 92.419 .Q g� ©�o t 0 O 0� ps04lp sago H < &-/; /b. 0 obi N U O U ' t> t a , EA- 4191GPA 97 -3/ZTA 97 -3 Page 5 of 7 DRAFT AMENDMENTS - NOVEMBER 18, 1997 TRANSFER OF DEVELOPMENT RIGHTS - EXHIBIT 7 CHAPTER 20.33 GENERAL COMMERCIAL (C -3) ZONE 20.33.060 SITE DEVELOPMENT STANDARDS F. Building Area The total net floor area of all buildings shall not exceed the total net square footage of the property multiplied by 1.0 or an FAR 1:1. Additional FAR may be oranted for properties east of Sepulveda Boulevard only. with approval of a Transfer of Development Rights (TDRI Plan. CHAPTER 20.34 CORPORATE OFFICE (C -0) ZONE 20.34.060 SITE DEVELOPMENT STANDARDS F. Building Area The total net floor area of all buildings shall not exceed the total net square footage of the property multiplied by 0.8 or an FAR 0.8:1. Additional FAR may he granted for pro erties CHAPTER 20.36 URBAN MIXED USE NORTH (MU-N) ZONE 20.36.060 SITE DEVELOPMENT STANDARDS F. Building Area The total net floor area of all buildings shall not exceed the total net square footage of the property multiplied by 1.3 or an FAR 1.3:1. Additional FAR may be granted for properties CHAPTER 20.38 URBAN MIXED USE SOUTH (MU -S) ZONE 20.38:060 SITE DEVELOPMENT STANDARDS F. Building Area The total net floor area of all buildings shall not exceed the total net square footage of the property multiplied by 1.3 or an FAR 1.3:1. Additional FAR may be granted for properties CHAPTER 20AQ LIGHT INDUSTRIAL (M -1) ZONE 20.40.060 SITE DEVELOPMENT STANDARDS F. Building Area The total net floor area of all buildings, as defined in Chapter 20.08, on any parcel or lot shall not exceed the total square footage of the parcel or lot area multiplied by 0.6, thereby giving a floor area ratio (FAR) of 0.6:1. However, additional FAR may be granted by the City upon EA- 419 /GPA 97 -3/ZTA 97 -3 Page 6 of 7 DRAFT AMENDMENTS - NOVEMBER 18, 1997 TRANSFER OF DEVELOPMENT RIGHTS - EXHIBIT 7 the preparation and approval of a specific plan, consistent with Section 65450 et.al of the California Government Code, or. for properties east of_Seaulveda Boulevard oniv. with the approval of a Transfer of Development Riahts (TDR) Plan. The total net floor area of high and medium bay labs may be multiplied by a factor of 0.5 to determine the allowed net floor area, if an agreement Is recorded which ensures that the use and the number of employees is consistent with the definition in 20.08.467 (Ord. 1250). i W. I Zone y in Y 100' - 10,000 sf F.A.R. - 0.6 Bldg. Area - 6,000 sf Qi 1!11; EA- 41 9 /GPA 97 -3/ZTA 97 -3 Page 7 of 7 DRAFT AMENDMENTS - NOVEMBER 18, 1997 TRANSFER OF DEVELOPMENT RIGHTS - EXHIBIT 7 1 AbID USE ELEMENT Page 3 -5 LAND USE DESIGNATIONS Following is discussion of each type of land use designation found in the City. Each contains a short description and an indication of the maximum land use density or intensity allowed. Land use density refers to the number of dwelling units per acre of land (du /ac). This distinction is generally used only for residential designations. Land use intensity refers to the quantity of building on a specific lot size. For example, a 3,000 square foot single - family home would be considered a more intense use than a 1,600 square foot home on the same size lot. An example of non - residential intensity would be a multi -story building, which is considered a more intense use than a single story building on the same sized lot. For non - residential uses, intensity is expressed in terms of Floor Area Ratio (FAR) which describes the ratio of the lot size to the building size or as otherwise defined in the Zoning Code from time to time. For example, typically a lot with a land area of 10,000 square feet and a FAR of 1.0, would allow a building area of 10,000 square feet. The allowed FAR may be Page 3 -27 zoningb a- 419texhib1tsltdratexhea419.cc 1� 7 *j �) EA- 419 /aPA 97 -3/ZTA 97 -3 Page i of 2 DRAFT AMENDMENTS - NOVEMBER 18, 1997 AMPLIFIED SOUND PERMITS - EXHIBIT 8 CHAPTER 9.06 NOISE AND VIBRATION REGULATIONS. 9.06.090 PERMITS. (1) The noise control officer may grant amplified sound or noise permits to applicants who cannot comply with the requirements of this chapter if the applicant can show that compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community as a whole, or on other individuals, or that compliance would be impractical. In the alternative, the application �Y Ott# be referred to the City Council. A permit shall not be granted to waive compliance with Sections 9.06.015 or 9.06.020. (2) In determining whether to grant or deny the application, the noise control officer shall balance the hardship to the applicant, the community as a whole, and other Individuals, of not granting the permit against the adverse impact on the health, safety, and welfare of persons affected; the adverse impact on property affected; and any other adverse impacts of granting the permit. The decision of the Noise to the application. Applicants for permits may be required to submit any information the noise control officer may reasonably require. The noise control officer shall retain on public file a copy of the decision which shall Include a statement of the reason for the decision. If the CIN Council considers the application. It shall use the same standards in makino its decision as the Noise Control Officer. (3) Permits shall be granted by written notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The time limit shall be for a maximum time period not to exceed one year. The permit shall not become effective until the applicant agrees to all conditions. In the case of noncompliance with any condition imposed, the permit shall immediately terminate, and the noise source shall be subject to the provisions of this Chapter. (4) Application for extension of time limits specified in subsection (3) of this section or for modification of other substantial conditions shall be treated as an initial application for a permit. LL (16) The noise control officer may issue guidelines defining the procedures to be followed in applying for a permit. 0 1 ?R EA- 41 9 /GPA 97 -3/ZTA 97 -3 Page 2 of 2 DRAFT AMENDMENTS - NOVEMBER 18, 1997 AMPLIFIED SOUND PERMITS - EXHIBIT 8 (Z&) Unless otherwise specifically exempted by this Chapter, permits shall be required for all exterior activities which utilize amplified sound; such as, but not limited to, outdoor gatherings, dances, shows, performances or carnivals. (§ -7) An appeal of the decision of the noise control officer with respect to any amplified sound or noise permit may be made to the City Council in writing within ten days after the action of the noise control officer has been communicated to the applicant. Chapter 20.78 ADJUSTMENTS 20.78.010 GRANTING. Whenever a strict interpretation of the provisions of this Title or its application to any specific case or situation pertaining to height or location of a wall, hedge, or fence would result in the unreasonable deprivation of the use or enjoyment of property, an adjustment may be granted in respect to height or location of a wall, fence, or hedge, subject to the following restriction and in the manner hereafter provided. No adjustment shall be made to permit a wall, hedge, or fence to exceed 8 feet in height. An adjustment may also be granted for Architectural Landscape Features which exceeds the standards set forth in Section 20.12.170. Noise Permits which exceed the standards set forth in Section No. 9.06.090. and Signs which exceed the standards set forth in Chapter 20.60; and, in the manner hereafter provided. p:\ zoning\ ea419 \exhibits\sound- p\9- 06- 090.exh D 1Gi EL SEGUNDO CITY COUNCIL MEETING DATE: November 18,1997 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Second reading and adoption of the following proposed (Second Quarter) amendments to the Zoning Code: 1) Parking Covenants, 2) Sound Transmission Control, and 3) Parking Demand Study Definition; and, a Negative Declaration of Environmental Impacts in accordance with CEQA. Environmental Assessment EA -408A and Zone Text Amendment ZTA 97 -2A, Second Quarter Amendments. Applicant: City of El Segundo. RECOMMENDED COUNCIL ACTION: 1) Discussion; 2) Second Reading of Ordinance by title only; and, 3) By motion, Adopt Ordinance. INTRODUCTION AND BACKGROUND: On November 4, 1997, the City Council held a public hearing (continued from August 4, 5, 19, September 16, and October 21, 1997) on the above referenced items. At that time, the City Council introduced an Ordinance to amend various sections of the City's Zoning Code. The attached Ordinance is being presented for a second reading and Adoption. If adopted without change, the provisions will become effective in thirty days time. The three topics, as listed above, have been renumbered from EA -408, GPA 97 -2, ZTA 97 -2, and ZC 97 -2 which was the larger portion of the second quarter amendments approved by the Council on September 16, 1997 (Ordinance No. 1279). There are no Zone Changes or General Plan Amendments as part of these remaining topics. The Council reviewed the proposed amendments and directed staff to prepare an Ordinance for approval of two of the remaining three topics (Parking Covenants and Parking Demand Study Definition) from the second quarter amendments package. The City Council also recommend that the regulations for Sound Transmission Control be deleted from the El Segundo Municipal Code instead of being relocated from Title 20 to Title 16 of the Municipal Code as originally proposed. ATTACHED SUPPORTING DOCUMENTS: 1. Ordinance No. 1283. FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: None. Amount Requested: Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes_ No_ ORIGINATED: Date: November 7, 1997 or and Building Safety B. B AI )P, Direc REVIE Date: TAKEN: pAzon1ng\&a408a1ea408a -3.als ORDINANCE NO. 1283 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA409A AND ZONE TEXT AMENDMENT ZTA 97 -2A AMENDING VARIOUS SECTIONS OF TITLE 20 (ZONING CODE) OF THE EL SEGUNDO MUNICIPAL CODE. PETITIONED BY THE CITY OF EL SEGUNDO. WHEREAS, on December 1, 1992, the City of El Segundo adopted a General Plan for the years 1992 - 2010; and, WHEREAS, on December 1, 1992, the City of El Segundo certified an Environmental Impact Report as a complete and adequate document in accordance with the authority and criteria contained in the California Environmental Quality Act and the City of El Segundo Guidelines for the implementation of the California Environmental Quality Act and adopted a Statement of Overriding Consideration; and, WHEREAS, on November 16, 1993, the City Council did, pursuant to law, adopt a Negative Declaration of Environmental Impacts for the amendments to Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map, finding that them were no environmental impacts associated with the amendments that were not analyzed in the Master Environmental Impact Report certified by the City Council for the General Plan on December 1, 1992; and, WHEREAS, on Novelber 16, 1993, the City Council did, pursuant to law, adopt Ordinance No. 1212 adopting a new Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map; and, WHEREAS, on November 5, 1996, the City Council considered and initiated a Quarterly Zoning Code (text and map) Amendment program similar to the Quarterly General Plan Amendment program already in place; and, WHEREAS, on December 17, 1996, the City Council approved a list of proposed future General Plan Amendments, Zone Text Amendments and Zone Changes and directed Staff and the Planning Commission to initiate processing the proposed amendments; and, WHEREAS, the City may amend all or part of an adopted General Plan to promote the public interest up to four times during any calendar year pursuant to Government Code Section 65358; and, WHEREAS, General Plan Amendment GPA 97 -2 is the second amendment processed and proposed for 1997; and, WHEREAS, an Environmental Assessment (EA408), including a Draft Initial Study and Negative Declaration of Environmental Impacts for the proposed General Plan Amendment, Municipal Code, Zoning Code, and Zoning Map revisions, has been prepared and circulated to all interested parties, Staff, and of ected public agencies for review and comment in the time and manner prescribed by law; and, WHEREAS, on April 24, May 8 and 22, and June 12, 1997, the Planning Commission did conduct, pursuant to law, duly advertised public hearings on revisions to the General Plan, Municipal Code, Zoning Code, and Zoning Map, and notice was given in the time, form and manner prescribed by law; and the Planning Ci 1 Commission adopted Resolution No. 2393 on June 12,1997 recommending approval of the proposed amendments; and, WHEREAS, on August 4, 1997, the City Council did hold, pursuant to law, a duly advertised public workshop/hearing on revisions to the General Plan, Municipal Code, Zoning Code, and Zoning Map, and notice was given in the time, form and manner prescribed by law and the public hearing was continued until August S, 19 and September 16, 1997; and, WHEREAS, on September 16, 1997 the City Council did adopt Ordinance 1279, approving a portion of the second quarter amendments (EA -408, GPA 97 -2, ZTA 97 -2, ZC 97 -2); the remaining portion of which is addressed by EA -408A and ZTA 97 -2A; and, WHEREAS, the proposed Zone Text Amendment for Sound Transmission Control, Parking Covenants, and Parking Demand Study were discussed on September 16, 1997; and, Continued for further consideration to October 21 and November 4, 1997; and, WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for or against EA -408A and ZTA 97 -2A, the revisions to the Zoning Code; and, WHEREAS, at said hearings the following facts were established: 1. The purpose of the revisions to the Zoning Code are to refine and make appropriate adjustments to the development standards and other zoning and General Plan requirements in order to address concerns raised by the community about the future development of the City in furtherance of the general welfare of the City. ?- 2. State law requires that zoning be made consistent with the General Plan. NOW, THEREFORE, BE IT ORDAINED that after consideration of the above facts and study of proposed Environmental Assessment EA -408A and ZTA 97 -2A, the City Council finds as follows: GENERAL PLAN 1. The proposed Zoning Code Amendments are consistent with the 1992 General Plan. 1. The proposed Zoning Code Amendments are consistent with the existing Zoning Code ENVIRONMENTAL FINDINGS 1. The Draft Initial Study for EA-408 included a full analysis of the potential impacts associated with proposed Zone Text Amendments continued as part of EA408A. This Draft Initial Study was made available to all local and affected agencies and for public review and comment in the time and manner prescribed by law. The Initial Study concluded that the proposed project will not have a significant adverse effect on the environment, and a Negative Declaration of Environmental Impact was prepared pursuant to the California Environmental Quality Act (CEQA) and adopted by the City Council on September 16, 1997 (Resolution No. 1279); and, 0 1?4 2 2. That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built -out urban environment; and, 3. That the City Council directs the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and de minimus finding pursuant to AB 3138 and the California Code of Regulations. Within ten (10) days of the approval of the Negative Declaration of Environmental Impacts, the applicant shall submit to the City of El Segundo a fee of $25.00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination. As approved in AB 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County. NOW, THEREFORE, BE IT FURTHER ORDAINED THAT the City Council hereby approves EA408A and ZTA 97 -2A, and adopts changes to the El Segundo Municipal Code as follows: SECTION 1. Section 20.08.245 of Chapter 20.08, Title 20, of the El Segundo Municipal Code, the Definition of CNEL (Community Noise Equivalent Level), is hereby repealed in its entirety. SECTION 2. Section 20.08.305 of Chapter 20.08, Title 20, of the El Segundo Municipal Code, the Definition of dB, is hereby repealed in its entirety. SECTION 3. Section 20.08.400 of Chapter 20.08, Title 20, of the El Segundo Municipal Code, the Definition of FAA, is hereby repealed in its entirety. SECTION 4. Sect! n 20.08.445 of Chapter 20.08, Title 20, of the El Segundo Municipal Code, the Definition of Group R Buildiigs, is hereby repealed in its entirety. SECTION S. Section 20.08.623 shall be added to Chapter 20.08, Title 20, of the El Segundo Municipal Code to read as follows: 20.08.632 PARKING DEMAND STUDY Tarking demand study' means an analysis of the total number of parking spades required in order to accommodate the maximum number of vehicles for parking purposes by a particular use or site at any given time. The analysis shall consider parking required for all employees, occupants, clients, and visitors. SECTION 6. Section 20.54.080 of Chapter 20.54, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.54.080 JOINT USE AND OFF -SITE PARKING FACILITIES. All parking spaces shall be located on the same lot or building site as the use for which such spaces are required, except within the boundaries of the Smoky Hollow Specific Plan (see Section 20.54.130), provided, that such parking spaces for non - residential uses may be located off-site on a different lot or lots, subject to a parking covenant approved by the Planning Commission, which shall be recorded in the office of the County Recorder, prior to the issuance of any Building Permits; and, may include such conditions as the Planning Commission may impose. Off -site parking for fewer than ten (10) parking spaces, shall be subject to approval of the Director of Planning and Building Safety, subject to a parking covenant, which shall be recorded in the office of the County Recorder; and, may include such conditions as the Director of Planning and Building Safety may impose. This off -site parking may include the joint use of off -site and on -site parking spaces by mutually exclusive uses. SECTION 7. Chapter 20.38 of the El Segundo Municipal Code, entitled Sound Transmission Control, is hereby repealed in its entirety. SECTION 8. This ordinance shall become effective at midnight on the thirtieth (30) day from and after the final passage and adoption hereof. SECTION 9. The City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said City; shall make a note of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within 15 days after the passage or adoption thereof cause the same to be published or posted in accordance with the law. ATTESTED: 1 Cindy Mortesen City Clerk (SEAL) APPROVED AS TO FORM: {tr Mark D. Hensley City Attorney PASSED, APPROVED AND ADOPTED this 18 tb day of November, 1997. 4 Sandra Jacobs, Mayor of the City of El Segundo, California 1 ( `, pAzon inaba408"08a.ord CITY OF EL SEGUNDO CITY COUNCIL MEETING AGENDA ITEM STATEMENT DATE: DEC. 18, 1997 Boards and Commissions AGENDA HEADING: El Segundo Senior Housing Board's Recommendation for Park Vista Management AGENDA DESCRIPTION: The agreement between the Community Housing Management Services and the Senior Housing Board expires December 31, 1997. The Request for Proposal process has been completed and the Senior Housing Board recommends Community Housing Management continue their services. RECOMMENDED CITY COUNCIL ACTION: Approval BRIEF SUMMARY: The El Segundo Senior Housing Board sub - committee interviewed qualifying parties for the management of the Park Vista Senior Housing facility on Wednesday, November 5, 1997. The Sub - committee presented their recommendation to the Board at a Special Senior Housing Board meeting on Wednesday, November 12, 1997. The Senior Housing Board, through their interviews and research have determined Community Housing Management as the best choice. CHMA possesses the experience in business and with the Park Vista to provide the optimal services necessary to manage the facility . ATTACHED SUPPORTING DOCUMENT: Senior Housing Board analysis and report to be provided prior to November 18, 1997 City Council Meeting. FISCAL IMPACT: YES NO Amount Requested: Account Balance: Date: FY97198 Budget Account Number Appropriation Required: Yes No ORIGINATED: Date: November 12, 1997 Peter Freeman, President Senior Housing Board ACTION TAKEN: 9 127 CITY OF EL SEGUNDO CITY COUNCIL MEETING AGENDA ITEM STATEMENT DATE: DEC. 18, 1997 Boards and Commissions AGENDA HEADING: El Segundo Senior Housing Board's 1998 Budget Proposal for Park Vista AGENDA DESCRIPTION: The Senior Housing Board approved Community Housing Managements' 1998 Budget proposal and is recommending it's approval to City Council. RECOMMENDED CITY COUNCIL ACTION: Approval BRIEF SUMMARY: The El Segundo Senior Housing Board has recommended Council's approval of Community Housing Managements 1998 budget proposal for the Park Vista Senior Housing facility. The Senior Housing Board diligently reviewed the proposal, appointed a sub - committee for more extensive review, requested a few alterations to CHMA in order to meet their approval. At a Special Senior Housing Board Meeting, CHMA presented their revised budget proposal. The Senior Housing Board approved their proposal unanimously. ATTACHED SUPPORTING DOCUMENT: The 1998 Park Vista Budget Proposal FISCAL IMPACT: YES NO Amount Requested: Account Balance: Account Number Date: FY97198 Budget Appropriation Required: Yes No ORIGINATED: Date: November 12, 1997 Peter Freeman, President Senior Housing Board 0� ACTION TAKEN: 0 1-(S BUDGET WORKSHEET FOR PARK VISTA October 29,1987 PROPOSED ANNUAL OPERATING BUDGET FOR 1998 FISCAL YEAR Ping Year. Jan-Dm 1998 Number of Units: 97 Project Number. 10 Budipt Line Item: Acct. No 19% Audited 1 Results S 1997 Bud 1997 Pro 1998 Budget % Change 1997-98 Poten W Gras Income 5100 Apartments 5120 424,974 428,328 428,328 428,328 3 0.00% and Parking Spam 5170 15,790 17,460 17,460 17,460 0.00% Potential Gross Income -100% Occupang 1 440,764 445,788 445,788 445,788 0.00% vulm " 5200 Aeartments 5220 130 47 130 176.60'/0 Gum and P S oes 5270 873 (1,282) 873 - 31.90'/0 TOW Vaeancies - 1,003 (1,329) (1,003) - 24.53% Net Potential hu me 440,764 444,785 444,459 444,785 0.07% FlrnneW Revemrc 5400 Interest Income- act 2Mtjons 5410 - - - - Interest bom Investments - Reserve for Rcplaccmi 5440 15,806 13,806 17,179 23,809 38.590/a TOW FlrumcW Revenue 15,806 13,806 17,179 23,809 38.59% Odwr Revenue 5900 Lisundry and Vmding 5910 5,788 5,194 5,790 5,780 0.00% NSF and We Chame 5920 Dammes and Cleaning Fees 3930 Forfeited Tenant Security its 5940 Other Revenue s 5990 ToW Other Reverse 5,788 5,184 5,780 5 780 0.00% Eifeedve Gross Income 462,358 463,775 467,418 474,374 1.49% AdadWWmdve Expenses 6200/ 6300 Advertising 6210 1 120 - 1,037 1,200 15.72% Other Renting Expense 6250 117 - 44 - 01Boe Salaries 6310 12,406 12,740 12,944 Oake Supplies 6311 3,730 2,731 2, 170 2,350 8.29°Ao Management Fee 6320 24,M) 26,400 26,400 148,273 461.64% Manaller or Superintendent Salarics 6330 20,461 20,484 20,784 2 Manager or Superintendent Rcnt -free I Ina 6331 lAval E (Project) 6340 _ Audi ' o'ect 6350 1 2,000 2,000 2,000 2,000 0.00% Bookkeeping FeWAocounting Services 6351 - Telephone and Answering Services 6360 1,880 1,632 1,900 2,400 26.32% Miscellaneous Administrative Expenses (detail) 6390 4,304 3,025 2,760 2,800 1.45% Too! Administrative Exc= 69,018 69,012 70,039 159,023 127.05% Uddtles 6400 Cable TV 83,626 6420 14,608 14,750 15 077 15,048 -0.190/0 Electricity 6450 12,453 13 013 13,000 14,400 10.77% Water tit sewer 6451 8,887 10,005, 10,000 10,200 2.000/0 Oas 6452 5,757 5,739 5j993 6,000 0.12% Total Utility E 0 27,097 1 1 41.705 43 507 44 070 45,648 3.58% Sub -total E forward to e 2 110,723 112.519 114 109 1 204 671 79.36% (1) Totals of Income & Expense categories equal auditod results. Some line items estimated as they are not broken out in audit. (2) Cost of Manageei Unit deducted from Apartment Income. d 129 I0prkvvftud9etsl8oard98i.1ds pop 1 BUDGET WORKSHEET FOR PARK VISTA October 29, 1997 PROPOSED ANNUAL OPERATING BUDGET FOR 1998 FISCAL YEAR r anati awes• Budipt Line Item: Acct. No. 1996 Audited 1 Results S 1997 Budget 1997 Pro 1998 Bud % Change 1997 -98 Sub -total E carried forward from e 1 110,723 112 519 114 109 204 671 79.36% Operating % Maintenance Expenses 6500 Janitor and Clean' Payroll 6510 12,417 12,480 11,662 Janitor and Cleaning Supplies 6515 2,022 1,332 1,325 1,332 0.53% Maintenance Contract 6517 2,575 200 3,275 1537.50% Exterminathy Payroll/Contract 6519 1,166 600 522 600 14.94% Garbelp and Trash Removal 6525 - - security Pa 11/Cantract 6530 100 - (3tnrrnds Payroll 6535 3,500 3.600 4,500 Oramds Supplies 6536 668 300 100 300 200.00% Repairs Payroll 6540 16 721 17 160 17,321 Repairs Material 6541 2,648 2,497 3,650 2,572 - 29.54% Repairs Contract 6542 3,707 3,120 3,320 3,120 -6.02% Elevator Maintenance Contact 6545 6,353 5,319 5 299 3,564 - 32.74% Heating/Cooling Repairs & Maintenance 6546 495 250 1 103 1,158 5.00% D000rating PayroMontract 6560 1,267 3,990 4,200 3,990 -5.00% D000rating Supplies 6561 375 300 217 100' - 53.92% Fire Protection Expenses 401 6589 1,117 2,280 2,156 2,230 3.43% Miscellanwus Operating & Maintenance P.x n 6590 3,590 400 2,053 Total Opera and Maintenance E: es 56,046 156,203 57 728 22.241 - 61.47% Taus am Insurance 6700 Roll Estate Taxes 6710 - - - Payroll Taxes ICA 6711 6,386 8,939 7 546 Miscellaneous Taxes, Licenses and Permits 6719 20 - 100 - and Liability Insurance Ilaiard 6720 22,899 33,169 32,695 - Fidelity Bond lnsuranm 6721 116 123 123 Workers Compensation 6722 3,142 3,183 2 419 Health Insurance & Other Employee Benefits 6723 6,055 8,243 6,284 Other Insurance D&O 6729 1,304 1,071 1,050 ToW Taxes and Insurance 39,922 54,728 50.217 1 - ToW Operating Expenses 1 206,691 223,450 222,054 226,912 2.19% NET OPERATING INCOME 255,667 240,325 245,364 247,462 0.85% FlnaaeW Expenses 6800 Interest on Mortgage Payable 3 6820 178,668 103,541 178,668 178,668 0.000/0 Intaest on Notes Payable Term 6830 Principal Payments Required 75,127 Total Pbmu cW Expenses 178,6681 178668 178 668 178,668 0.000/0 Planned Replacement Reserve Spend 4 8,000 28,933 S26,156 140,186 384.52% Board 25 000 27 350 30000 9.69% Total Cost of Operating 393,359 435,118 457,005 575,766 25.99% TeW Income or Revenue 462,358 463,775 467,418 474,374 1.49% Excess (Dellclency) Income Over Expenses 68,999 28,657 10,413 (101,392) - 1073.7% (3) b&dse uMvp p iwipal (4) 1991 projedien based on nptacen t items specified in 1996 Barriers Reserve Study at oots atimated by nmagmwd (See Suppla ne ts) 1 opritwtlbudpeta�eoard98i xis Page 2 t Av��� ► .� �..�. r'AAn � L31 A October 29,1497 EXPLANATION OF INCOME AND EXPENSE ESTIMATES PROPOSED ANNUAL OPERATING BUDGET FOR 1998 FISCAL YEAR Aocti No. INCOME 1"S Bu d 5120 Apartments. Based on continuation of 1997 rents as approved by. Board and City Council as follows: S/Mo Monthly Total 32 ea. Lg 1 Bdr Apartments 440 14,080 25 ea. Med i Bdr Apartments 380 9,500 6 ea. Handicap Apartments 380 2,280 31 ea. Efficiency Apartments 298 9,834 96 (Does not include Mgt's Unit) 35694 x 12 428,328 $428,328 Less: Vacancy Lose due to 12 Unit Turnovers at 5 days loss/tumover 10 turnovers 1 days/turn S 13 /day. 130 (5130) 0.03% vacancy 428,198 5170 Garage and Parking Spaces. Based on the following rent schedule for 1997 as approved by Board and City Council. S/Mo sn)7 38 ea. inside spaces 27.50 1,045 5 ea. outside coveted spaces 22.50 113 17 ea. outside spaces 17.50 298 60 1455 x 12 17,460 517160 Leas 5% vacancy factor 873 (5873) eurrend 6 vacant spaces= 7% 16,587 5440 Interest Income from Investments, Replacements Reserves. Based on 9/30/97 balances: Bak 9/97 Bat. Interest 12/97 192$ Coast Fd Bk $65,060 4.01% $65,712 $2,635 BofA $80,652 ' 4.65% 581,590 $3,794 Wells Fargo $69,683 3.70% $70,328 $2,602 $23,809 Great Wstr Bk S72,618 4.25% $73,390 $3,119 Co-invest w/ City $201,665 5.70% $204,539 511,659 $23,809 5910 Laundry Revenue. Based on estimated income for 1997. Lus Tobd Income: 5474 74 6 A 62 0 Advertising. For contract bidders or notices not rent up: 6311 Offioe Supplies. Equals amount budgeted for 1997 including: General Office Supplies. 5600 Copier Paper dt Supplies @ $125 /mo S1,500 Copier Service 8i: Repairs $250 $2,350 $2,356 6320 Management Fee. Includes payroll, all insurance, etc. 5148,273 6331 Manager's Rent -&ee Unit. (Not included in Acct No. 5129, Apartment Income above and not deducted as an expense.) 50 6340 Legal Expenses. (Paid by City. Not included in this budget) 50 6350 Auditing Expenses. Equals cost of 1996 Audit paid for in 1997. $2,000 10prkvg xx:l9 M3oard98i.rds page 3 D ]�1 EXPLANATION OF INCOME AND EXPENSE ESTIMATES October 29,1997 IM Budwt A@A Na EXPENSE 6360 Telephone. Based on the following estimated costs:, office telephone @ $60 hno. $720 Fax/elevator line @ $35 hno. 5420 Other elevator/fire line @ $35 hno. $420 Entry system line @ S35 hno. 5420 Fire alarm line @ $35 hno. $420 $2,400 52,400 6390 Miscellaneous Administrativd Expense: Based on following estimated coats: 4001 Updating M orcRent Program $200 4002 Computer Repairs $200 4003 Reoording Secretary Fee @ S 150 hno $ 1,800 4004 Stipend to Resident Activities @ $50 hno S600 $2,800 S2,800 6420 Cable TV. Based on current contract fee of $ 1,254 hno. 0% inflation increase 515,048 6450 Electricity. Based on estimated cost of S 1,200 /no. S14AN 6451 Water dt Sewer. Based on estimated cost for 1997 of $ 10,000 plus 2% increase as per Water Dept. $10,200 6452 Gas. Based on estimated actual cost for 1997 of $5,993 plus 00/0 rounded to $61000 6453 Sewer. (Included in water bill). 6515 Janitorial Supplies. Uniform Rental @ $61 hno. $732 Supplies @ = hno. $600 $111 $1,332 $1,332 6517 Contract Maintenanoe. The following services by outside vendors as follows: Carpet dt furniture cleaning all common arras $ 1,000 Cloning apartment units an turnover 9 units @ • $75 $675 Stem Cleaning trash chutes 2x/year @ 5350 $700 Window Washing. upper floors, exterior $900 1 time/yr 53,275 53,275 6519 Exterminating Contract. Based on current contract cost of $30 hno. for treatment of common area plus 6 units per month. 5600 6525 Garbage and Trash Removal. City. No charge. SO 6530 Security Payroll/Contract. This is not a budgeted service at the property. SO 65M Grounds Supplies. Includes fertilizer, insecticides dt replacement plants @ $25 hno. 5300 6541 Repairs Material. Equals 1997 budget $2,497 plus 3% $2,572 0pikvsllbudpeial3oard98l xls b 02 page EXPL4+NATION OF INCOME AND EXPENSE ESTIMATES October 29,1997 EXPENSE IM Budget Aect. No. 6542 Repairs Contract. Based on the following projected work done by outside contractors: 531564 Solar Heating Maintenance 5200 Emergency Call System $200 Entry System Maintenance $200 Paridng Lot & Garage (sates 5420 Plumbing @ $100 /mo. $1,200 Lock Repair @ $50 hno. $600 Boiler Maint. 8t Repair $300 534990 $3,120 53,120 6545 Elevator Maintenance Contract. Based on current contract price of 6710 Real Estate Taxes: (None. City property) SUI 6719 Miscellaneous Taxes, etc. Estimated cost of business license, permits, etc. $100 in 1997 6820 Interest on Mortgage Payable —per Amortization Schedule Mottpge PrtsseVal Payments required per Amortization Schedule. � 133 TT $0 $103,541 575,127 10prkwWwdgetsl3oard981.Wa page 5 $297 /mo for 12 months plus 531564 6546 Heating & Cooling Repairs. Based on 1997 cost, S1,103 plus 5% S1,158 6560 Decorating Contract. Based on painting interiors of 9 units on turnover and 10 occupied units @ $210 /unit. 534990 6561 Decorating supplies. Estimate for touch -up paint, rollers 8c brushes, etc. 5100 6580 Fire Protection Expense. Monitoring fire alarm system @ S 150 /quarter $600 Sprinkler Inspections @ $270 /quarter 51,080 Fire Alarm System inspections @ 2 times/year $400 including smoke detectors Recharging Fire Extinguishers @ 1 time/year S150 $2,230 52,230 6590 Miscellaneous Operating and Maintenance Expense. . Steam Cleaning Trash Chutes SO 6710 Real Estate Taxes: (None. City property) SUI 6719 Miscellaneous Taxes, etc. Estimated cost of business license, permits, etc. $100 in 1997 6820 Interest on Mortgage Payable —per Amortization Schedule Mottpge PrtsseVal Payments required per Amortization Schedule. � 133 TT $0 $103,541 575,127 10prkwWwdgetsl3oard981.Wa page 5 EXPLANATION OF INCOME AND EXPENSE ESTIMATES Acct Na October 29, 1997 IM ESE Replacements: Reserve Study completed in 1996 by Barrem & Co. projects the 1,584 following replacements in 1998 as indicated. D2majigion Items Costs per Costs per Barrem of 197 items Paint interior stairwells .(S) 7,716 is) 1,950 Restripe parking lot 776 630 Recarpet interior stairwells (to date, not warn, cleaned) 16,519 6,199 Replace frunishinlWAuniture (completed) 1,532 1,000 Replace patio furniture (cleaned only) 1,553 150 Refurbish apartment interiors 56.104 19,004 +* 620 84,200 28,933 '98 items Re- waterproof deckAmdoony surfaces 14,312 Correct 5th Floor Docking; slope and height Paint exterior with acrylic paint Sand blast & rust resistant paint solar panel supports Replace&pgrade Office Equipment 3,610 Replace vinyl flooring in shop & trash rooms 2,370 Replace mailboxes 4,156 Refurbish apartment interiors 56.104 in 1997 TOTALS 80,552 * ** * Replace cushions only (10 @ S50 each) plus dry cleaning covers and furniture. ** Based on the following replacements: Number ftlacernent Item •R Refrigerators Dishwashers Garbage disposals Bathroom Lavatories Kitchen Faucets Bathroom Faucets Toilet Bowls Toilet Tanks Bathroom Beaters Burners for Range, Large Burners for Range, Small Vertical Blinds Carpets Kitchen Floor Covering Bathroom Floor Covering 5 6 10 6 12 12 3 3 5 12 12 10 5 10 10 Sales Tax TOTAL ESTIMATED COST Estimated Estimated Cost/Item Total Cost S 460 S 2,300 264 1,584 40 400 22 132 39 468 25 300 45 135 40 120 40 200 56 672 52 624 68 680 620 3,100 380 3,800 300 3,000 17,515 8.5% 1,489 $19,004 * ** Source: Page A -7 firm Ban: s Reserves Study under 1998 column. Board Contrtpency 0 134 14,312 50,000 50,000 3,000 1,500 2,370 0 12.004 ** 140,186 $140,186 S=1000 Total E :peaces: 5575.766 Toted Ia=oe: $474,374 Excess (Def clanc)IM 101 Comparison to Summary: 10prkvstlbudpe1Wl8oard981.rds Diflsrence: (101,392) So papa 6 G !v - e- - . 0 OE•! ►9'9l9'2f W L6/10/11 31VO 1000 35Vd 1661 '91 V36u3AON 1VAOMddV i0 31VO •jo4J44a suosAwd Joj spunj jo AaTjTq+ITew• 444 Pu! spuos40 041 JO A .7eJn»* +43 03 se.AJT364+2 I -opune4S 13 Jo A413 +043 Jo +2TJjo s,42ueuTd jo Jo12+aTO 4043 ul 4jgwjlwwo sI s +Jn3jpu4dx4 tvn32s uo uoTsWwJOju1 S3136N11 S01 d0 ilkM3 VINNOAI1V3 d0 31vis E1'6Ef E►•E61' ►f 00.00E'6s 9►•ESS'If 09 -Z99f ED' Es I I Us L6.9►112 1s at' 6LEIaa9 OE•SO V Ols 01.96S'tlls 02- s0P9'921'ls 96.961'S• a! - tt9s 96.09E'E ►s 09.90£! 00.000`ls Is•StS'ZS. 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Y loo •IWAoaddV jj�una3 at 4014d p01041otl s43043 3ue44+n A2u46Jn /A2u46J4s3 :uoja+2TjT%vv Jai A •suolsw4od0 Asia jo saoddns uT s4�jwjes pu• soj[ddns •stwljoios Joj s3uo *A+d ADu4ean /A2u +eJ4s4 -uou jji Jij a63+v* pi3iJ+uae .ias6d405 : tl ,S3003 •0s00144 os uoTi=s1JO43ns jTzuno3 AaT3 a +J p1 +4 s4� +43 a+jne43 :j*woaddV Jai OE•! ►9'9l9'2f W L6/10/11 31VO 1000 35Vd 1661 '91 V36u3AON 1VAOMddV i0 31VO •jo4J44a suosAwd Joj spunj jo AaTjTq+ITew• 444 Pu! spuos40 041 JO A .7eJn»* +43 03 se.AJT364+2 I -opune4S 13 Jo A413 +043 Jo +2TJjo s,42ueuTd jo Jo12+aTO 4043 ul 4jgwjlwwo sI s +Jn3jpu4dx4 tvn32s uo uoTsWwJOju1 S3136N11 S01 d0 ilkM3 VINNOAI1V3 d0 31vis E1'6Ef E►•E61' ►f 00.00E'6s 9►•ESS'If 09 -Z99f ED' Es I I Us L6.9►112 1s at' 6LEIaa9 OE•SO V Ols 01.96S'tlls 02- s0P9'921'ls 96.961'S• a! - tt9s 96.09E'E ►s 09.90£! 00.000`ls Is•StS'ZS. W OEE'Z►s S1.09z•EZs f6- t52'30Sf •si SINVvvvM 1V101 ISM S33IAM3S 30IS1n0 901 V3H10 - ONnd lSnVl_316VON3dX3 EOt S331 M3d013A30 - ON61 ii6il ji6dN3dX3 40t 33NvvnSNl•dM3 03VI13V 101 33NVVASHI /3AH3S3a'dMO3.SM3M8OM E09 33MvvnSNI All -INVil i09 1N3M33 V 14311 1 N3M d 1 nO3 909 ONnj Aliilln v31vn IDS 1NI11M 5311I1I3Vd SO► QNnd 1N3M3AOVdMl 1V11dV3 IOE 1NVIIO VIM 611 QNnd NOl1Y0IJIM NOIV3dAH Lit ONTId NOI1V1nSNl OHMS 3MOH 911 NOIlvl110dSNYM1 .3- dOMd 111 NOIlY1NbdSNVMI.v.'d011d all 1NVVS NOO111.13A30 - M1303 I I I ONnd 3Vn1I3AvOd 13SSV 60l ONAA S3IIIA113V NO11V3V33V 031VI30SSV 90l ONnd Xvl SV5 31VIS 901 ONI1d 1V83N35 loo ONnd A! SlV101 1Nvvvvn 00Nl153S 13 30 A1I3 0143 LEA►5:60 3M11 ' 09EVd-33NVNt-"' • AUVMMnS 831SI53H ONVW30 s9etva- SO92►2 0 1"vvvvM I • i� I t' I 0 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 10/28/97 THROUGH 11/12/97 Date Payee Amount 10/29/97 Health Comp 3,355.25 10/31/97 Health Comp 5,220.77 10/31/97 IRS 128,880.65 11/3/97 Federal Reserve 350.00 11/5/97 Health Comp 3,375.00 1116417 Emp. Dev. Dept. 24,426.40 11/12/97 Health Comp 988.89 Total by VVlre: 166,594.76 Description Flex Plan Administrator Flex Plan Administrator Federal Payroll Taxes P/R # 9 Emp. Bond Purchase P/R # 9 Flex Plan Administrator State Payroll Taxes P/R # 9 Flex Plan Administrator DATE OF RATIFICATION: 11/18/97 TOTAL PAYMENTS BY VVIRE: 186,594.76 Certified as to the accuracy of the wire transfers by : City Flna city Date Date ''� ��5' 7 Date NINUTES of Taa ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL Tuesday, November 4, 1997 - 5 :00 P.M. CALL TO ORDER Mayor Jacobs at 5:00 P.M. PLEDGE OF ALLEGIANCE - Councilwoman Jane Friedkin ROLL CALL Mayor Jacobs Mayor ProTem Wernick Councilman Gordon Councilman Weston Counciolwoman Friedkin Present Present - Present Present Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total.) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. One (1) indidviduas addressed Council 1. Gerhardt Van Drie, 724 W. Pine; spoke regarding poor mail delivery and the 800 number provided for complaints, he requested a local number for complainst and stated that the routes should be started earlier due to darkness falling earlier. CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, g1 Rq.) for the purposes of conferring with the City's Real Property Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation; and/or discussing matters covered under Gov't Code § 54957 (Personnel); and/or conferring with the City's Labor Negotiators as follows: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956.9(a)) - None. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956.9(b): -0- potential cases (no further public statement is required at this time); Initiation of litigation pursuant to Gov't Code §54956.9(c): -4- matters. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957). None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957.6) - None. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) - None. ADJOURNMENT at 6:55 P.M. ^" Cindy Mortesen, City Clerk 114w.!4m 1 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, NOVEMBER 4, 1997 - 7:00 P.M. Next Resolution # 4044 Next Ordinance # 1283 CALL TO ORDER Mayor Jacobs at 7:15 P.M. INVOCATION - Rev. Dr. Harvey Kemp, United Methodist Church of El Segundo PLEDGE OF ALLEGIANCE - Councilwoman Jane Friedkin PRESENTATIONS ROLL CALL Mayor Jacobs Mayor ProTem Wernick Councilman Gordon Councilman Weston Councilwoman Friedkin - Present - Present - Present - Present - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - S minute limit per person, 30 minute limit total) Indtviduals who have received value of $30 or more to communicate to the City Council on beharof another, and employees speaking on beha #'of their employe): must so idem* thenarehvs prior to addressinjr the City Council Failure to do so shall be a mlydemeanor and punishable by a Jlne of u5o. Three (3) individuals addressed Council 1. Request by Gale Segers, Chairperson of Candy Cane Lane, for the same level of City assistance on the December 13 -23, 1997 program in the 1200 block of Acacia Avenue as in previous years. (Fiscal Impact: $125 hard cost for snow material from budgeted account.) MOVED by Councilman Gordon SECONDED by Councilwoman Friedkin to approve of the same level of City assistance on the December 13 -23, 1997 program in the 1200 block of Acacia Avenue as in previous years. (Fiscal Impact: $125 hard cost for snow material from budgeted account.) MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 2. Request by the El Segundo Police Officers Association and the El Segundo Chamber of Commerce for City support of five (5) car show events, including, among other things, granting permission to close the 300, 400 and 500 blocks of Main Street from 3:30 p.m. to 9:00 p.m. on May 9, June 13, July 11, and September 19, 1998 and from 10:30 a.m. to 9:30 p.m. on August 8, 1998. MOVED by Councilwoman Friedkin SECONDED by Councilman Gordon to approve the request by the El Segundo Police Officers Association and the El Segundo Chamber of Commerce for City support of five (5) car show events, including, among other things, granting permission to close the 300, 400 and 500 blocks of Main Street from 3:30 p.m. to 9:00 p.m. on May 9, June 13, July 11, and September 19, 1998 and from 10:30 a.m. to 9:30 p.m. on August 8, 1998, the plaza for non -food vendors and to use the 1 0 13 F) following weekends in the event of a rain delay. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 3. Linda Collins, Chamber of Commerce; invited Council to attend the Mayor's Mixer, November 13, 1997 at Matel. A. PROCEDURAL MOTIONS 1. Consideration of a motion to read all ordinances and resolutions on this Agenda by title only. MOVED by Councilwoman Friedkin SECONDED by Mayor ProTem Wernick to read all ordinances and resolutions on this Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 B. SPECIAL ORDERS OF BUSINESS - 1. Continued Public Hearing on the following proposed (Second Quarter) amendments to the Zoning Code: 1) Parking Covenants, 2) Sound Transmission Control, and 3) Parking Demand Study Definition; and, a Negative Declaration of Environmental Impacts in accordance with CEQA. Environmental Assessment EA -408A and Zone Text Amendment ZTA 97 -2A, Second Quarter Amendments. Applicant: City of El Segundo. Mayor Jacobs stated this is the time and place hereto fixed for a continued public hearing on the following proposed (Second Quarter) amendments to the Zoning Code: 1) Parking Covenants, 2) Sound Transmission Control, and 3) Parking Demand Study Definition; and, a Negative Declaration of Environmental Impacts in accordance with CEQA. Environmental Assessment EA -408A and Zone Text Amendment ZTA 97 -2A, Second Quarter Amendments. Applicant: City of El Segundo. She asked if proper notice had been done and if any written communications had been received. Clerk Mortesen stated that proper noticing had been done and no written communications had been received by the City Clerk's Department. No individuals addressed Council. Council consensus to close the Public Hearing. City Attorney Mark Hensley read the following: ORDINANCE NO. 1283 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -408A AND ZONE TEXT AMENDMENT ZTA 97 -2A AMENDING VARIOUS SECTIONS OF TITLE 20 (ZONING CODE) OF THE EL SEGUNDO MUNICIPAL CODE. PETITIONED BY THE CITY OF EL SEGUNDO Councilwoman Friedkin introduced Ordinance 1283 C. UNFINISHED BUSINESS - NONE 2 0 l 30 D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - Status of recruitment for 2 positions on the Community Cable Advisory Committee and 1 position on the Capital Improvement Advisory Committee. Council consensus to schedule December 11, 1997 at 7:00 p.m. for interviews E. CONSENT AGENDA All items listed were adopted by one motion without discussion and passed unanimously. Warrant Numbers 242277 - 242604 on Demand Register Summary Number 09 in total amount of $685,637.09, and Wire Transfers in the amount of $153,557.05. 2. CALLED FOR DISCUSSION BY COUNCILMAN WESTON 3. CALLED FOR DISCUSSION BY COUNCILMAN WESTON 4. No opposition to a new Alcoholic Beverage Control (ABC) license for on -site sale and consumption of beer, wine, and liquor (Type 47 - Retail On -Sale General Bona Fide Eating Place) at a new proposed PF Chang's China Bistro at 2041 Rosecrans Avenue, in Continental Park. Applicant: PF Chang's China Bistro; Property Owner: Continental Development Corporation. 5. Acceptance of the construction of handicapped access ramps, bus pads and Maple Avenue sidewalks, Contract No. 2525 (final contract amount $81,989.25). 6. Referred to the Capital Improvement Programam Advisory Committee for consideration in next year's Capital Improvement program , Douglas Street Extension/Railroad crossing between Alaska Avenue and Park Place. 7. Adopted Resolution No. 4048, for a salary range and class specification for the new job classification of Revenue Inspector. Fiscal impact: Funding for the position is contained in the 1997 -98 Fiscal Year Operating Budget. 8. Award of Contract No. 2558 to F. T. PipeLine Construction Company, for the construction of a storm drain in the 400 block of Washington Street north of Holly Avenue, and Recreation Park Checkout Building drainage improvements (contract amount = $42,790.00). MOVED by Mayor ProTem Wernick SECONDED by Councilman Gordon to approve consent agenda items 1, 4, 5, 6, 7, and 8. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 2. City Council meeting minutes of October 21, 1997. 3 0 140 Councilwoman Friedkin requested a clarification of her vote, to consider any urgency item, included in the October 21, 1997 minutes. MOVED by Councilwoman Friedkin SECONDED by Mayor ProTem Wernick to approve the minutes with corrections. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 3. Stab seeks the Council's authorization to close the City's Contract No. 2381 with Land Forms Landscape Construction for planting, irrigation and maintenance of the Hyperion Landscape Buffer. Council requested the City Attorney and staff to whether a claim can be made against the Contractor for failure to abide with the contract, and provide Council with back up on the costs incurred in managing this Contract. MOVED by Councilman Weston SECONDED by Councilman Gordon to close the City's Contract No. 2381 with Land Forms Landscape Construction for planting, irrigation and maintenance of the Hyperion Landscape Buffer, and to hire a new landscaper to perform change order 3. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 F. NEW BUSINESS - CITY MANAGER - 1. Recommendations for selection of window supplier and general contractors to perform the work for Phase 5 of the City's Residential Sound Insulation Program. MOVED by Councilwoman Friedkin SECONDED Mayor ProTem Wernick to approve the package presented by Staff, Contract No. 2559 to Peerless Products Inc. for $483,999 To provide the windows and Contract No. 2560 to Golden Bear Construction Inc. (PW 97 -2), 96,960, Contract No. 2561 to Golden Bear Construction Inc. (PW 97 -3 for $207,990, Contract No. 2562 to Golden Bear (PW 97 -4) for $222,270, Contract No 2563 to Golden Bear Construction Inc. (PW 97 -5) for $176,410, Contract No. 2564 to T &M Construction (PW 97 -6) for $202,095, Contract No. 2564 to Golden Bear Construction, Inc. (PW 97 -7) for $218,250 and Contract No. 2565 to Golden bear Construction Inc. (PW 97 -8) for $240,460 to provide General Construction. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - Resolutions calling for, ordering a Canvas of, requesting County services for, and adopting regulations for Candidates' Statements for, a Municipal Election, April 14, 1998: 1) Resolution calling and giving notice of the holding of a general municipal election. 2) Resolution requesting County services. 3) Resolution adopting regulations for Candidates' Statements. 4) Resolution ordering the Canvas of the General Municipal Election. City Attorney Mark Hensley read the following: 4 RESOLUTION NO. 4044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 14, 1998, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. MOVED by Mayor ProTem Wernick SECONDED by Councilman Gordon to adopt Resolution No. 4044, calling and giving notice of the holding of a general municipal election. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 RESOLUTION NO. 4045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 14, 1998 MOVED by Mayor ProTem Wemick SECONDED Councilman Gordon to adopt Resolution No. 4045, requesting County services. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 RESOLUTION NO. 4046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR THE ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, APRIL 14, 1998 MOVED by Councilwoman Friedkin SECONDED by Councilman Gordon to adopt Resolution No. 4046, adopting regulations for Candidates for the Elective Office pertaining to Candidates' Statements submitted to the voters at the April 14, 1998 General Election. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 RESOLUTION NO. 4047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ORDERING THE CANVAS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 14, 1998, BY THE CITY CLERK MOVED by Councilwoman Friedkin SECONDED by Councilman Gordon to adopt Resoltuion Brequesting County services.No. 4047, Ordering the canvass of the General Municipal Election of April 14, 1998 MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 I. NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilwoman Friedkin - S 142 Spoke regarding the meetings she had attended Mayor Pro Tem Wernick - Spoke on Heartwalk and the CA/Nevada area code change. Councilman Gordon - Spoke regarding the new curbside recycling program. Councilman Weston - Spoke regarding the bounce back of the economy. Mayor Jacobs - Spoke on the South Bay Economic Partnership Forecast meeting. PUBLIC COMMUNICATIONS - (Related to City Business Only - S minute limit) Individuals who have received value of S50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. Two (2) individuals addressed Council. 1. Peggy Tyrell, Resident; spoke regarding the parking of semi trucks under the 105 Freeway on Imperial and Sepulveda and if we could do anything to improve the appearance. 2. Bill Martin, Graham Architectural Products. Inc. spoke regarding the awarding of the window contract. He stated that his company had submitted the low bid, but inadvertently had left out some of the required responses.. He asked if Council could reconsider the award of the contract. City Attorney Mark Hensley stated that in order to reopen discussion on this a motion is needed to re open. He further stated that Graham was judged to be not responsive because of the omissions. Council could request that it be re- advertized. MOVED by Councilwoman Friedkin SECONDED by Councilman Gordon to reconsider the award of the Window Contract for the RSI Program. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR JACOBS, COUNCILMAN GORDON, COUNCILMAN WESTON, AND COUNCILWOMAN FRIEDKIN. NOES: MAYOR PROTEM WERNICK. 411 Council concurred that the bid was unresponsive. MOVED by Councilman Weston SECONDED by Councilman Gordon to approve of the award of Contract No. 2559, to Peerless Products Inc. for $483,999 for the supplier of Windows for the RSI Program. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 MEMORIALS NONE CLOSED SESSION NONE ADJOURNMENT at 8:43 p.m. to November 18, 1997 at 5:00 p.m. Cindy Mortesen, City Clerk 0 1.44 CITY OF EL SEGUNDO INTER- DEPARTMENTAL CORRESPONDENCE TO: Honorable Mayor and Members of the City Council 3 FROM: Bret B. Bernard, AICP, Director of Planning and Building Safety b THROUGH: Laurie B. Jester, Senior Planner STAFF PLANNER: Hannah L. Brondial Bowen, Contract Planner r " DATE: October 28, 1997 SUBJECT: Capital Improvement Program (CIP)'s General Plan Consistency At the Planning Commission's July 24, 1997 meeting, the Commission adopted Resolution No. 2396, which determined that the Capital Improvement Program (CIP) is consistent with the adopted 1992 General Plan, as amended. The Planning Commission Staff Report for the above - referenced project is included with this memo, as well as Resolution No. 2396. This Item is being presented to the City Council for its information only, as directed by the Assistant City Attorney. Enclosures: Planning Commission Staff Report, July 24, 1997 Resolution No. 2396 xc: James W. Morrison, City Manager Mark Hensley, City Attorney Bellur Devaraj, City Engineer P:lmemosihbb%=1p.mem 0 14S 5 CITY OF EL SEGUNDO INTER - DEPARTMENTAL CORRESPONDENCE Meeting Date: July 24, 1997 TO: Honorable Chairman and Planning Commissioners THROUGH: Bret B. Bernard, AICP ' Director of Plann g and Building Safety Eduard Schroder, Director of Public Works FROM: Bellur Devaraj, City Engineer SUBJECT: Fiscal Year 1997 -98 Capital Improvement Program (CIP) REQUEST As required by Section 65103 of the State Government Code, the Public Works Department is requesting that the Planning Commission review the adopted CIP for Fiscal Year 1997 -98; and; make the finding that the adopted CIP is consistent with the adopted 1992 El Segundo General Plan, as amended. RECOMMENDATION Staff recommends that the Planning Commission Adopt Resolution No. 2396, making the finding that the proposed Fiscal Year 1997 -98 CIP is consistent with the City's adopted 1992 General Plan. BACKGROUND The City Council has appointed a 5 member Capital Improvement Program Advisory Committee ( CIPAC) for reviewing and making recommendations regarding proposed Capital Improvement Projects. The CIPAC has reviewed various Capital Improvement Projects submitted by City Staff and from citizens at a Community Workshop. Generally these projects fall into maintenance /upgrade of existing facilities or construction of new facilities in the following general categories: ■ Public facilities such as City owned buildings. 0 146 ■ Public infrastructure, such as storm drains, water facilities, stations, traffic signals, etc. streets, sidewalks, sewers, sewer and storm drain pump ■ Public parks and recreational facilities. Pursuant to recommendations by the CIPAC, the City Council on July 1, 1997 adopted the 1997 -98 CIP which includes several projects (such as multi year projects and annual recurring infrastructure maintenance projects) for which the Planning Commission had previously made a finding of consistency with the General Plan. The attached Resolution No. 2396 and Exhibit "A" address projects in the current Fiscal Year's CIP which have not been previously brought before the Planning Commission for the General Plan consistency findings. CEQA DETERMINATION Making the finding that the CIP is consistent with the General Plan is not considered a project under CEQA and therefore not subject to a CEQA review. However, individual projects in the CIP will require environmental review for conformance with CEQA before the project is implemented. EXHIBITS A. Draft Resolution No. 2396 with Exhibit "A ". Prepared by: Bellur K. Deva j City Engineer Reviewed b L B-L Laurie B. Je r Senior Planner ApprQlne, 0 147 Brel/B/BeInard, AICP Director of Planning and Building Safety, and Secretary to the Planning Commission N:VP•INFO%M748.IDC (7/16W) EXHIBIT "A" -PLANNING COMMISSION RESOLUTION NO. 2396 ITEM PROJECT TITLE /DESCRIPTION 1992 GENERAL PLAN REFERENCE ED 3, LU 7 at Main Street/Mariposa Avenue. Policy 1. Downtown perimeter and directional signs. Goal ED 3 LU 7 Installation of perimeter signage along major at 400 Lomita Street. arterials to direct traffic to downtown business Fire Station No. 2 engineering and architectural study. Goal LU 7 district, public parking lots and Civic Center. Renovation of Fire Station No. 1 (Phases I and II) Goal 2. Diesel exhaust system - Fire Station No. 2. Goal LU 7 3. Recreation Park walkway lighting upgrades. Goals OS 1, LU 6 4. Refurbishment of children's playgrounds in City parks. Goals LU 6, LU 7 5. Recreation Paris racquetball court drainage Goals OS 1, LU 6, LU 7 improvements. 6. City Council Chambers video system refurbishment. Goal LU 7 Reconfiguration of the current single- camera system to a four - camera remote control system to improve television coverage. 7. Refurbishment of Sepulveda Boulevard median Policies LU 1 - 5.4 and 5.5 landscaping between El Segundo Boulevard and Imperial Highway. 8. Installation of skid resistant surfacing for the City Goals LU 6, LU 7 Plunge pool deck. 9. Recreation Paris drainage improvements at the Goal LU 7 Checkout Building. 10. Storm drain in Mariposa Avenue from west end Goals LU 7, PS 5 to Maple Avenue retention basin. 11. Sanitary sewer manhole lining. Goal LU 7 12. Storm drain in 400 block of Washington Street. Goals LU 7, PS 5 13. Sewer connection for community car wash at Policy LU 7 - 2.1 Main Street/Madposa Avenue. 14. Landscaping improvements to City parking lot Goals ED 3, LU 7 at Main Street/Mariposa Avenue. Policy CN 5-7 15. Police Department Exercise and Training Facility Goal LU 7 at 400 Lomita Street. 16. Fire Station No. 2 engineering and architectural study. Goal LU 7 17. Renovation of Fire Station No. 1 (Phases I and II) Goal LU 7 18. New sidewalks on northside of Grand Avenue between Objective C 2 -1 1 Sepulveda Boulevard and Illinois Street. NACIP- INMEXHIBR.07 (7/14107) RESOLUTION NO. 2396 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA, MAILING THE FINDING THAT THE PROPOSED FISCAL YEAR 1997 -98 CAPITAL IMPROVEMENT PROGRAM (CIP) IS CONSISTENT WITH THE ADOPTED 1992 GENERAL PLAN, AS AMENDED. WHEREAS, the Capital Improvement Program Advisory Committee (CIPAC) has reviewed proposed Capital Improvement Projects for the City of El Segundo; and WHEREAS, the CIPAC is recommending certain projects as listed in Exhibit "A" for City Council consideration of funding. WHEREAS, the CIP is covered by a previously certified Environmental Impact Report as approved through the 1992 adopted General Plan. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby makes the finding that the proposed Fiscal Year 1997 -98 Capital Improvement Program is consistent with the adopted 1992 General Plan, as amended. PASSED, APPROVED AND ADOPTED this 24th day of July, 1997. Bret B. Bernard, AICP Director of Planning and Building Safety, and Secretary to the Planning Commission of the City of El Segundo, California VOTES Crowley Boulgarides Palmer Wycoff NACIP4NFOICIP.RSO (7110/'97) Brian Crowley, Chairman of the Planning Commission of the City of Ell Segundo, California 0 149 RESOLUTION NO. 2396 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA, MAKING THE FINDING THAT THE PROPOSED FISCAL YEAR 1997 -98 CAPITAL IMPROVEMENT PROGRAM (CIP) IS CONSISTENT WITH THE ADOPTED 1992 GENERAL PLAN, AS AMENDED. WHEREAS, the Capital Improvement Program Advisory Committee (CIPAC) has reviewed proposed Capital Improvement Projects for the City of El Segundo; and WHEREAS, the CIPAC is recommending certain projects as listed in Exhibit "A" for City Council consideration of funding. WHEREAS, the CIP is covered by a previously certified Environmental Impact Report as approved through the 1992 adopted General Plan. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby makes the finding that the proposed Fiscal Year 1997 -98 Capital Improvement Program is consistent with the adopted 1992 General Plan, as amended. PASSED, APPROVED AND ADOPTED this 24th day of July, 1997. A( Bret B. Bern rd, CP Director of Pla ning land Bbilding Safety, and Secretary to the Planning Commission of the City of El Segundo, California VOTES Crowley Boulgarides Palmer Wycoff N:1CIP- INFOCIPASO (7116/97) 1 Brian Crowlby— Chairma the Planning Commission oklie City of El Segundo, California n 1711) EL SEGUNDO CITY COUNCIL MEETING DATE: November 18, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Request to authorize Lieutenant John Ogden to attend the 192nd Session of the FBI National Academy from January 11, 1998 to March 27, 1998 with expenditure not to exceed $1700.00. RECOMMENDED COUNCIL ACTION: Approve attendance. BRIEF SUMMARY: It is proposed that the City of El Segundo send Lieutenant John Ogden to the 192nd Session of the FBI National Academy in Quantico, Virginia. For over 56 years, the FBI has trained law enforcement officers from around the world at their National Training Academy in Virginia. This intense 11 -week curriculum is primarily focused on police administrators to improve and develop their leadership skills, as well as broaden their views and enhance their contacts throughout the country. Over the yearn, the El Segundo Police Department has sent 14 of its senior staff members to the FBI National Academy. Presently, Lieutenant Ogden has been invited to attend. It is recommended that the City permit Lieutenant Ogden to attend this training. Transportation, meals and lodging will be provided by the U.S. Department of Justice. Required associated expenses totaling approximately $1,700 is budgeted and will be funded from the Department's Training and Education Account, #001 -400 -3101 -6223. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: -0. ProjectlAccount Budget: Project/Account Balance: Date: Account Number: 001 - 400 - 3101 -6223 Project Phase: Appropriation Required - Yes No ORIGINATED BY: Date: BY: T Date: //-g 151 I -PD -1 - 11/05/97 4:30 p.m. Office of the Director Mr. Tim Grimmond Chief of Police E1 Segundo, California 90245 U.S. Department of Justice Federal Bureau of Investigation Washington. D.C. 20535 October 22, 1997 Re: Lieutenant John Walter Ogden Candidate, 192nd Session, FBI National Academy January 11 - March 27, 1998 Dear Chief Grimmond: I am indeed pleased to extend an invitation to the above -named candidate to attend the next session of the FBI National Academy. We look forward to having him in attendance. I would appreciate your informing me as soon as possible whether this invitation is accepted. Enclosed for review by you and your candidate is a set of general instructions which reflects pertinent information regarding the National Academy Program. Please insure that your candidate has registered for his courses through your local FBI representative. Enclosure ncerely yo , Louis J. Freeh Director 0 152 r r r r r CI CITY OF EL SEGUNDO INVESTMENT POLICIES AND TRANSACTIONS June 30, 1997 0 153 71 1 [i J Thomas, Bighie & Smith An Aorountancy Corporation Certified public Accoununts City Council City of El Segundo El Segundo, California Donald l..'Ihom s, CPA (Retired) Jerry D. Higbie, CPA Richard A. Te2rtun, CPA J. Steven Pressley, CPA In connection with our audit of the City's financial statements for the year ending June 30, 1997, we have completed our quarterly review of Investment Policies and Transactions for the months of April, May and June, 1997. Our review consisted of the procedures summarized below. 1) We reviewed the City's Investment Policy and Minutes of City Council meetings to determine whether it was reviewed /adopted at a public meeting annually and that it establishes safety, liquidity and yield in order as priority objectives. 2) We reviewed the City's Investment Policy to determine whether it limited reverse repurchase agreements to 20% of the base portfolio and prohibited inverse floaters, range notes, interest only strips derived from CMO's. 3) We reviewed the monthly investment reports to determine they included: type of investment; issuer; maturity; par and dollar amount invested; market value and source of valuation (for all investments except LAIF, FDIC insured accounts or other accounts managed by another local government agency) and a statement from the City's treasurer as to the City's compliance with its adopted investment policy. 4) We reviewed the monthly investment reports to determine they included a statement from the City's treasurer regarding the City's ability to meet the next 6 month's budgeted expenditures. 5) We reviewed the minutes of City Council meetings to determine if the prior quarter's monthly investment reports were presented to the City Council within 30 days of the end of the month. 6) We selected 18 investments held as of the date of the quarterly investment report and compared them to the maximum maturity limit and portfolio percentage limits included in the current government code section 53601 and the City's investment policy. 0 15-t 4201 Brockton Avenue, Suite 100 • Riverside, California 92501 . Telephone (909) 682 -4851 • Facsimile (909) 682 -6569 5100 California Avenue, Suite 108 a Bakersfield, California 93309 • Telephone (805) 633 -3644. Facsimile (805) 322 -8101 i7) For the investments selected in step 6 above, we matched the information reported (including market value) in the monthly investment reports to supporting documentation. 8) We judgementally selected 4 investment transactions (buy, sell, maturity) reflected in the monthly investment reports and matched the reported information to purchase or sales confirmations, bank statements and third party custodian receipts or reports. The above procedures constitute only a portion of our audit procedures in connection with our examination of the financial statements for the year ending June 30, 1997. Accordingly, this summary should not be considered an opinion on the financial statements of the City taken as a whole. Also, these procedures do not constitute an audit opinion of the system of internal controls in accordance with standards established by the American Institute of Certified Public Accountants. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. This report relates only to the accounts and items specified and does not extend to the financial statements of the City, taken as a whole. The management of the City is responsible for establishing and maintaining a system of internal accounting control. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of control procedures. The objective of a system is to provide management with reasonable, but not absolute, assurance that assets ' are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles. Because of inherent limitations in any system of internal accounting control, errors or irregularities may occur and not be detected. Also, projection of any evaluation of the system to future periods is subject to the risk that procedures may become inadequate because of changes in conditions, or that the degree of compliance with the procedures may deteriorate. Our procedures disclosed no instances of noncompliance with the Government Code and City's Investment Policy. The findings and instances of noncompliance from prior quarters have been resolved. ' This report is restricted to use by the City Council and management, and should not be used for any other purpose. I We wish to thank the City staff for their consideration and assistance during the performance of the quarterly review. 31,0�1 -.A - I - I 14.�k Z5� C September 9, 1997 0 155 EL SEGUNDO CITY COUNCIL MEETING DATE: November 18, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: The City Council Is requested to approve the contract award for a Flexible Benefit Plans Administrator, pursuant to Section 125 of the U.S. Internal Revenue Code. RECOMMENDED COUNCIL ACTION: Accept staff recommendation for the selection of Health Comp, Inc as the City Flexible Benefits Administrator. INTRODUCTION AND BACKGROUND: The prior administrator, L S H Administrators, unexpectedly closed for business on July 30, 1997. At its 8/19/97 meeting, Council authorized Health Comp, Inc. to serve as the interim Flexible Benefits Plan Administrator through 12/31197. This action alleviated the potential negative impact on employees due to the lack of advance notice by L & H Administrators. The current agreement with the interim Flexible Benefits Administrator, Health Comp, Inc. expires on 12/31197. This created a need to identify a replacement administrator for the City on a permanent basis. At its 1011197 meeting, Council approved the initiatlon of a formal RFP process to select a replacement Flexible Benefits Plans Administrator to insure the maintenance of an employee benefit, 'Flexible Benefits Plan of El Segundo' in accordance with IRS regulations and to safeguard the continuity and accountability of processing employee claims for benefits. DISCUSSION: The RFP process has been completed and a cost analysis prepared for final selection and recommendation to the City Council. Staff recommends continuation of services with Health Comp, Inc. The recommendation Is to authorize execution of an annual contract, with three (3) one -year renewal options subject to City Manager approval. ATTACHED SUPPORTING DOCUMENTS: Attachment 'A" - City of El Segundo RFP Flexible Benefits Administrator Analysis of First Year Costs. Attachment 'B9 - Proposed Contract FISCAL IMPACT: (Check one) Operating Budget :_ lam_ Capital Improv. Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes_ Nom ORIGINATED: Date: November 12,1997 Eunice Kramer, Director of Finance 0 156 tk4nthrecotorl Human sources/Risk Management BY: .,.'. 275 //-/3-9'7 CITY OF EL SEGUNDO RFP FOR FLEXIBLE BENEFITS ADMINISTRATOR ANALYSIS OF FIRST YEAR COSTS MGMT HELLER FLEX AFLAC- APPLIED ASSOC EM HEALTH ATTACHMENT "A" HEALTH COLONIAL COMP LIFE PROGRAM SET-UP FEE $5,000 $750 $500 $100 0 0 ANNUAL FEE $7,800 $150 $200 0 0 $550 SPENDING ACCTS(40) $2,400 $2,880 $2,880 $2,400 $1,920 $1,968 PREMIUM ONLY ACCTS(53) 0 0 $3,816 0 $636 0 MAILING FEE 0 0 0 0 0 $240 5500 PREPARATION FEE 0 $125 $125 0 0 $150 TRAININGISITE VISIT $534 $250 $250 0 $150 0 OTHER EXPENSES 0 0 $93 0 0 0 TOTAL $15,T34 $4,155 $7,864 $2,500 $2,706 $2,908 WILL YOU MARKET NO NO NO YES NO YES INSURANCE PRODUCTS TO EMPLOYEES? LOCATION: L.A. COSTA ORANGE El TORO MESA FRESNO L.A. ANALYSIS OF PROPOSALS: Of the three (3) most reasonably priced responses, only Health Comp, Inc. offers the required services without the expectation (and requirement) that they will market and sell insurance products to our employees. Health Comp, Inc. is presently serving as the City's interim Flexible Plan Administrator. The selection of Health Comp, Inc. serves several purposes: they already have the necessary data to continue in their role as Plan Administrator, they have complied with the City's insurance requirements, and their present contract has received previous City Attorney and City Council approval. Health Comp has performed very well as our interim Plan Administrator. We recommend the selection of Health Comp, Inc. as Flexible Benefit Plan Administrator and authorization for the City Manager to enter Into a annual contract that may be renewed annually for up to four (4) years. Prepared By: d S Bob Ridley, Accoun anager Finance Department 0 157 FLEXIBLE SPENDING ACCOUNT ADMINISTRATION AGREEMENT THIS AGREEMENT, effective this Day of , 1998, between the CITY OF EL SEGUNDO, a political subdivision of the State of California, hereinafter called the "CITY," and HEALTHCOMP, INC., 621 Santa Fe, Fresno, California, 93721, a California Corporation, hereinafter called the "ADMINISTRATOR." WITNESSETH WHEREAS the CITY maintains an employee benefit entitled "Flexible Benefits Plan of City of El Segundo," hereinafter called the "Plan," under which benefits may be acquired using pre -tax dollars by employees, and WHEREAS the CITY desires to contract for administration services in connection with the operation of its Plan, and WHEREAS the ADMINISTRATOR is engaged in the business of performing such administrative services. NOW, THEREFORE, it is agreed as follows: I . ENGAGEMENT OF ADMINISTRATOR. CITY hereby engages ADMINISTRATOR, anWMINISTRATOR hereby accepts such engagement, to perform those services specified irr this Agreement required in connection with the operation of the Plan under the terns and subject to the conditions provided in this Agreement. In the performance of this Agreement, ADMINISTRATOR will develop and utilize systems, practices and procedures which recognize the specific features of the Plan. 2. SERVICES OF ADMINISTRATOR. A. The desired services as described in Administrator's "Overview- Flexible Benefits Administration ", (Appendix A) and Administrator's brochure, "Section 125 Flexible Benefits ", (Appendix B) are incorporated as part of this Agreement, and are included by reference. In the event of any inconsistency, the inconsistency shall be resolved by giving precedence in the following order of priority: FIRST, to this Agreement and THEREAFTER to "Overview- Flexible Benefits Administration ", (Appendix A) and LASTLY to "Section 125 Flexible Benefits" (Appendix B). B. ADMINISTRATOR will administer PLAN in accordance with Internal Revenue Service (IRS) regulations. n 1 TJ' i C. ADMINISTRATOR will utilize the City's existing "Plan Document ", in accordance with all relevant Internal Revenue Service Regulations and other applicable laws. If Administrator determines that said Plan Document does not conform to current Internal Revenue Service Regulations and other applicable laws, Administrator will advise City of same and propose amendment which will bring Plan Document into conformity. The Plan may be amended only upon the written direction of CITY. ADMINISTRATOR may not vary from Plan language without the written approval of CITY. D. The ADMINISTRATOR will receive requests for reimbursement, evaluate them under the terms of the Plan, request funds from the City to reimburse the City employee participants, and issue checks, subject to funds being made available by the City, in payment thereof in a timely and expeditious manner. "A timely and expeditious manner" shall mean that each claim shall be processed and/or remittance advice mailed within ten (10) working days of ADMINISTRATOR's receiving the claim. In cases in which additional information is required from the employee in order to process the claim, ADMINISTRATOR shall inform the employee of the reason(s) and/or information needed to process said claim within one (1) working day of receiving the claim. Interpretation of benefits shall be governed by th4Plan Document. E. ADMINISTRATOR will provide consulting services in regard to the maintenance of the Plan as well as advising CITY as reflected in paragraph C. F. ADMINISTRATOR will assist, if requested, in the enrollment of new hires. New hires who wish to enroll may do so at the beginning of a biweekly pay period. G. ADMINISTRATOR will educate CITY employees on the benefits of PLAN through: (i) technical assistance in explaining PLAN to city management, (ii) ADMINISTRATOR will be available to provide telephone consultation and assistance to new employees who wish to enroll in PLAN, H. ADMINISTRATOR will maintain records of claims entered and claims paid for each CITY employee and covered dependent. 2 D 1511 ADMINISTRATOR to provide the following reports: PARTICIPANTS: ADMINISTRATOR to prepare and distribute to each Plan participant: a. Quarterly Statement for Reimbursement Account showing the amount of the claim, amount paid, the amount left in the participant's account, and any amount not paid due to a shortage of funds in the participant's account. b. Last month Run -out Statements will be distributed no later than the first week of the month following the end of the statement period showing the amount of money in the participant's account, and a warning that if the participant does not incur additional expenses in that plan year that are equal to or greater than the amount in the account, and if the participant does not claim these funds within ninety (90) days after the end of the plan year, they will forfeit these funds pursuant to IRS regulations. ARMINISTRATOR to provide CITY: Monthly Summary Reports which will be available no later than the first week of the month following the end of the report period. b. Monthly accounting for all funds received and disbursed by ADMINISTRATOR which will be available no later than the first week of the month following the end of the report period. ADMINISTRATOR will prepare and submit to the City Internal Revenue Service Form 5500 and other reports that may be required by other governing bodies in a timely manner. K. ADMINISTRATOR will perform the discrimination testing for CITY required by the IRS Code. L. ADMINISTRATOR will upon request consult with CITY regarding management of the Plan, improvements in benefit definition to facilitate Plan administration, and assist CITY data processing staff to develop a program of payroll deductions under this Plan. 0 16() M. ADMINISTRATOR will maintain duplicate data processing media in a location separate from the claims processing and data processing location to provide for continuity of operation in the event of fire or other casualty. N. ADMINISTRATOR will respond to all questions from employees concerning claims and the methods and procedures used to evaluate and pay claims. ADMINISTRATOR will provide and publicize a toll -free telephone number for this purpose. The line will be in service, Monday through Friday, from 8:00 a.m. to 5:00 p.m. 0. ADMINISTRATOR will notify CITY of "Qualifying Status" changes within two (2) days of receipt of notice from participant. P. All materials distributed to participants must be reviewed and approved in advance by CITY. Q. ADMINISTRATOR will furnish all forms, required for the processing of claims and enrollment and re- enrollment of employees into the Plan. R. ADMINISTRATOR will monitor and keep CITY informed of legislation impacting Plan. S. ADMINISTRATOR agrees to keep full and accurate records and shall follow generally accepted accounting methods and practices. The CITY or its duly authorized representatives shall have full and free access to said records during normal working hours and upon 48 hours advance notice to ADMINISTRATOR. CITY OBLIGATIONS. CITY will provide timely notification of employee new hires and terminations. COMPENSATION. ADMINISTRATOR agrees to accept as their total fee for all services herein provided based upon an Administration Fee of $4.00 per month per participant with spending account(s) to be paid on a monthly basis, $1.00 per month per participant with premium only account to be paid on a monthly basis. Annual Form 5500, Annual Return/Report of Employee Benefit Plan will be prepared at no cost to City. Minimum monthly administration fees - $70. Any additional services shall be quoted in advance and agreed upon by both parties before the services are rendered RELATIONSHIP. It is agreed that ADMINISTRATOR is and shall remain an independent contractor with respect to the services being performed by ADMINISTRATOR pursuant to this Agreement and shall not for any purpose be 4 0 1 (; t deemed an employee of the CITY nor shall the parties be deemed partners, joint venturers or governed by any legal relationship other than that of independent contractor. INSURANCE REQUIREMENTS. ADMINISTRATOR shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by ADMINISTRATOR, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. ADMINISTRATOR shall provide the following scope and limits of insurance: A. Minimum Scope of Insurance. Coverage shall be at least as broad as: (i) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (ii) Errors and omissions liability insurance appropriate to the ADMINISTRATOR's profession. It- B. Minimum Limits of Insurance. ADMINISTRATOR shall maintain limits of insurance no less than the following, or, at an amount satisfactory to the Director of Finance: (i) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities related to this Agreement or the general aggregate limit shall be twice the required occurrence limit. (ii) Errors and Omissions Liability: $1,000,000 per occurrence. C. Other Provisions Insurance policies required by this Agreement shall contain the following provisions: (i) All Policies Each insurance policy required by this paragraph 6. shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the CITY. (ii) General Liability Coverage (a) CITY, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities ADMINISTRATOR performs, products and completed operations; premises owned, occupied or used by ADMINISTRATOR, or automobiles owned, leased or hired or borrowed by ADMINISTRATOR. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, or employees. (b) ADMINISTRATOR'S insurance coverage shall be primary insurance as respect to CITY, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by CITY, its officers, officials, employees and volunteers shall apply in excess of, and not contribute with ADMINISTRATOR's insurance. (c) ADMINISTRATOR'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (d) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees and volunteers. D. Other Requirements. ADMINISTRATOR agrees to deposit with CITY, at or before the 6 163 effective date of this contract, certificates of insurance necessary to satisfy CITY that the insurance provisions of this contract have been complied with. The City Attorney may require that ADMINISTRATOR furnish CITY with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. CITY reserves the right to inspect complete, certified copies of all required insurance policies, at any time. (i) Any deductibles or self - insured retentions must be declared to and approved by CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self - insured retentions as respect the CITY, its officers, officials, employees and volunteers, or the ADMINISTRATOR shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. (ii) The procuring of such required policy or policies of insurance shall not be construed to limit ADMINISTRATOR'S liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. Ea*insurance policy required by this paragraph 6. shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this -Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified Mail, return receipt requested, has been given to the CITY. 7. INDEMNIFICATION. HealthComp agrees to indemnify the Plan Sponsor and hold it harmless from and against any and all claims, losses, liabilities, damages and expenses incurred by the Plan Sponsor, including court costs and reasonable attorneys' fees, to the extent that such claims, losses, liabilities, damages and expenses arising out of or are based upon HealthComp's intentional, willful, reckless or negligent acts or omissions in the performance of its duties under this plan. The Plan Sponsor agrees to protect, to indemnify and to hold harmless HealthComp from and against any and all claims, losses, liabilities, damages and expenses arising against or incurred by HealthComp including court costs and reasonable attorneys' fees, to the extent that such claims, losses, liabilities, damages and expenses arising out of or are based upon Plan Sponsor's intentional, willful, reckless or negligent acts or omissions in the performance of its duties under this agreement. 7 8. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the City and Administrator. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by all parties. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding. 9. WAIVER. Waiver by any party hereto of any term, condition, or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof. 10. TERMINATION FOR BREACH. In the event that either party shall default in the performance of the duties and obligations imposed upon it pursuant to the terms of this Agreement or materially breach any of the provisions contained herein, the other party shall be entitled to terminate this Agreement upon delivery of thirty (30) days's prior written notice of such termination to the defaulting party without prejudice of any other rights or remedies available to such party by reason of such default or breach. TERM. As Agreement shall become effective upon execution by the City. On and after that date, ADMINISTRATOR shall accept, and pay as appropriate, all claims submitted by covered CITY employees provided funds are available to pay such claims. This Agreement shall remain in force through December 31, 1998 unless earlier terminated by either party by giving sixty (60) days' advance written notice to the other. This Agreement may be renewed annually for up to three additional years. In the event this Agreement is terminated, CITY shall pay all fees, commitments and obligations due to ADMINISTRATOR as of the termination date. Upon termination, the ADMINISTRATOR will provide assistance to the CITY to facilitate transfer of the service required hereunder to another ADMINISTRATOR to be determined by CITY. Such assistance shall include the prompt furnishing of files, data processing tapes, claims and records in possession of ADMINISTRATOR without expense to CITY. 12. CONFIDENTIALITY OF INFORMATION. All information furnished to and acquired by ADMINISTRATOR in administration of claims will be considered confidential. Individually identifiable information shall not be disclosed without the written authorization of the individual employee. 0 165 13. OWNERSHIP OF RECORDS. All records of the Plan, exclusive of computer programs developed by ADMINISTRATOR in the administration of the Plan, shall be the property of the CITY. If ADMINISTRATOR utilizes procedures and guidelines prepared by others to administer the Plan, CITY shall have access to said procedures and guidelines. 14. INSPECTION OF RECORDS. The ADMINISTRATOR agrees to keep full and accurate records and shall follow the accounting methods and practices customarily employed in businesses of like character. All dealings and transactions relating to the performance of services hereunder shall be duly entered therein in the usual and ordinary course of business, and the CITY or its duly authorized representatives shall have full and free access, upon giving of reasonable notice, said records and accounts and may inspect or audit same at reasonable times at CITY expense and during normal business hours of the ADMINISTRATOR. 15. BINDING EFFECT. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. 16. ATTORNEY'S FEES. If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing Party in such litigation shall be entitled to an award of reasonable attorney's fees, in addition to any other relief to which it 1py be entitled. 17. NOTICES. Any notices to -be given pursuant to terms of this Agreement may be given either by personal delivery in writing or by mail, registered or certified, with postage prepaid and return receipt requested. Mailed notices shall be addressed to the parties at their respective business addresses as follows: To CITY: Director of Human Resources/Fisk Manager c/o City of El Segundo 350 Main Street El Segundo, CA 90245 To ADMINISTRATOR: HEALTHCOMP, INC. Attn: Sylvia De La Torre 621 Santa Fe Fresno, CA 93721 18. ASSIGNMENT. This Agreement shall not be assigned by any party without the prior written consent of the other. 9 D iG6 19. GOVERNING LAW. This agreement shall be construed and interpreted according to the laws of the State of California. 20. EFFECTIVE DATE AND EXECUTION. This Agreement shall be effective from and after the date it is signed by the representatives of the City. This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above- written. FOR HEALTHCOMP, INC. M Michael Enzenbacher, President Date FOR CITY OF EL SEGUNDO: t-' By ACCEPTED AS TO FORM: ,7 Mark Hensley, ity Attorney James W. Morrison Date City Manager 10 0 167 I SEGUNDO CITY COUNCIL MEETING DATE: November 18, 1997 GENDA ITEM STATEMENT AGENDA HEADING: City Manager, New Business AGENDA DESCRIPTION: Retire Police Canine (K -9) CITA and allow his handier, Officer Robert Turnbull, to purchase him. RECOMMENDED COUNCIL ACTION: Execute Bill of Sale and receive indemnification waiver relating to the purchase of CITA. INTRODUCTION AND BACKGROUND: Police canine CITA entered service with the department in January of 1990. During his service, he and his handler, Officer Robert Tumbull, were involved in over of 300 physical searches and over 150 narcotic search investigations. In August of 1992, CITA was responsible for the capture of one of America's Most Wanted suspects following a vehicular chase which ended in El Segundo. CITA has also "recovered" more than $300,000 in currency under the Asset Forfeiture statutes. It is the recommendation of David Reaver, Adlerhorst International, who is our department trainer and K -9 consultant, that Cita, who is eleven years old, is at the end of his useful service life and as such, should not be re- assigned to another handler. It is therefore recommended that CITA be retired from active service, commended for a job well done and sold to his partner, Officer Turnbull for the sum of one dollar ($1.00). DISCUSSION: ATTACHED SUPPORTING DOCUMENTS: Hold Harmless Agreement FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: Amount Requested: t Project/Account Budget:S project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes_ No_ ORIGINATED BY: Date: October 30,1997 0 1619 HOLD HARMLESS AGREEMENT FOR SALE OF POLICE K -9 THIS AGREEMENT, is made and entered into this Day of , 1997, by and between the CITY OF EL SEGUNDO POLICE DEPARTMENT, hereinafter called 'DEPARTMENT", and POLICE OFFICER, ROBERT TURNBULL, hereinafter called 'TURNBULL". WHEREAS, K -9 Police dog CITA has been the property of the El Segundo Police Department and has been employed In law enforcement activities; and WHEREAS, Officer Robert Turnbull has been the Officer assigned to supervise CITA. CITA currently resides with TURNBULL; NOW, THEREFORE, Department wishes to sell and Turnbull wishes to buy CITA according to the terms and conditions set forth herein; 1. Compgnsatlon; Turnbull shall pay Department the sum of one dollar ($1.00) to be due upon execution of this agreement. 2. Indemnification and Release; Turnbull, as consideration for transfer of ownership of CITA to him hereby agrees to hold harmless, Indemnify and release Department and the City of El Segundo, their agents, employees, officers and assigns, from any and all liability which may arise in any way from the actions of CITA aftertf16 date of execution of this agreement, including, but not limited to, attorneys fees. 3. Health of K -9; Turnbull agrees to accept CITA In his present condition with no warranty, from Department or the City of El Segundo concerning the health or condition of the animal. Turnbull expressly releases Department and the City of El Segundo, their agents, employees, officers or assigns, from any and all liability for future medical treatment to or health problems of CITA. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and:year first above written. 'TURNBULL" ROBERT TURNBULL POLICE OFFICER By: 'DEPARTMENT" THE CITY OF EL SEGUNDO POLICE DEPARTMENT BY: Chief of Police APPROVED TO FORM: 0 1601 l EL SEGUNDO CITY COUNCIL MEETING DATE: November 18, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: City Manager AGENDA DESCRIPTION: Amendment to an existing lease with the Anthony Brent Corporation for property located at the southeast comer of El Segundo and Sepulveda Blvds. Fiscal Impact: $23,850 of revenue per year. RECOMMENDED COUNCIL ACTION: Approve the lease amendment and authorize the Mayor to execute same on behalf of the City. INTRODUCTION AND BACKGROUND: The City received a request from the Anthony Brent Corporation on July 23, 1997, and a subsequent letter on October 21, 1997, to extend the existing lease of a City owned property adjacent to the North Village Shopping Center (attached). For reference purposes, the subject property, located near the southeast corner of El Segundo and Sepulveda Blvds., contains a gross land area of 0.916 acre or 39,901 square feet. The major portion of the irregularly shaped site is covered with an asphalt paved parking lot which provides parking for the shopping center. Specifically, Mr. Brent, has requested that the current ground lease (effective until January 31, 2005) be extended to a overall lease term of thirty (30) years or February 28, 2028, The extension will satisfy a requirement of his lender and allow him to refinance the shopping center property (attached). Mr. Brent has also expressed a desire to purchase the property at such time as the City is in a position to complete the sale. DISCUSSION: In response to the above request, an appraisal was completed on the subject property by R.P. Laurain & Associates. The appraisal and a subsequent amendment dated November 3, 1997, established the total land value at $265,000 with an annual rent Q 9% or $23,850. The attached lease amendment reflects the current value established by the appraisal which is an increase of $11,850 of revenue annually over the previous terms. ATTACHED SUPPORTING DOCUMENTS: Letters dated July 23, 1997 and October 21, 1997 from Anthony Brent Corporation, Letter dated August 8, 1997 from Midland Data Systems. Current lease dated September 20, 1994; amended lease #1 dated January 17, 1995; amended lease #2 dated November 7, 1995; and amendment #3. FISCAL IMPACT: (Check one) Operating Budget $23.850 (revenue) Capital Improv. Budget: Amount Requested: $0 Project Account Budget: N/A Project/Account Balance: N/A Account Number: N/A Project Phase: N/A Appropriation Required - Yes No x ORIGINATED: Date: 1111,31f7 'DOC, Director of Economic Develo BY: ON TAKEN: Date: 0 l71n ANTHONY BRENT CORPORATION 9665 Wilshire Boulevard, Suite 220 Beverly Hills, California 90212 Phone: (310) 247 -7171 Fax: (310) 247 -7172 VIA FACSIMILE & U.S. Mail 310/322 -7137 July 23, 1997 Mr. Jim Morrison, City Manager City of El Segundo 350 Main Street El Segundo, California 90245 SUBJECT: GROUND LEASE RELATIVE TO PROPERTY LOCATED AT 160 SOUTH SEPULVEDA BOULEVARD, EL SEGUNDO, CALIFORNIA Dear Mr. Morrison: I have been in touch with all of the city council members relative to obtaining an option(s) to extend the subject ground lease so that the lease term would be renewable for an additional approximate twelve (12) years. Since our lender indicated that the ground lease would have to be a minimum of twenty (20) ��; t� years from approximately February 1998 (the date when the new loan would be effective), one approximate twelve year option, or two approximate six year options, will be necessary to obtain A) from the city, as this will round -out the approximate eight (8) years remaining on the ground ' !►!f' lease to twenty (20) years. In view of an almost $1,000,OCO ;payoff of the existing loan coming due in February 1998, I believe its imperative to put this matter before the city council as soon as possible, which I am herewith asking you to do. Because a few of the council members still have not gotten back to me after my initial conversation with them, I am concerned that they may need or want additional information about the various aspects of this situation. If the council feels that it would be beneficial for me to meet with them, collectively, either prior to or during its meeting, I would be most willing to do SO. As I have indicated to the council members, I believe that due to the configuration and location of the ground leased parcel, it really has no potential to be used by the city's golf course operation. In fact, the city has retained a portion of land between the ground leased area and the golf course property in the event some additional storage would be needed. However, I believe an inspection of this reserved land area will indicate that its future use by the golf course is highly questionable, which makes usage of the adjoining ground leased property even more remote. 0 171 Mr. Jim Morrison July 23, 1997 Page 2 As for the city using the ground lease property for another purpose, I believe the possibility is very limited for the following reasons: Site has very irregular shaped boundary lines which make it unsuitable for new development. Existing deed restrictions prohibit future development of any building structure over approximately 4000 square feet. A large portion of the site is covered with utility easements which prevent economically feasible development of site. Site has limited usage due to no access to public sewer facilities. The ground lease has been a major help to us as we have been able to fill vacant spaces which could not be leased without the additional parking. I also think that it is beneficial to the city as it produces income which ostensibly would not be available from other sources. Please advise me as to the agenda date and as to whether or not the council wishes to review this matter with me one more time prior !o taking this proposal under consideration. Many thanks for your assistance. Very truly Yours, ANTHO BRENT CORPORAT ON �7 Anthony Brent AB Jn cc: Mayor Sandra Jacobs Mayor Pro Tem. Nancy Wernick Mr. Liam Weston Mr. Mike Gordon Ms. Jane Friedkin FAWPS I \IPIU I50\MOMSON.002 0 On .-q.. �... \ - ✓'lam .....'C- .U, Lr •:� r... r ,.r C.L r r ANTHONY BRENT CORPORATION 9665 Wilshire Boulevard, Suite 220 Beverly Hills, California 90212 Phone: (310) 247 -7171 '` Fax: (310) 247 -7172 October 2 P , 1997 Via facsimile (310) 322 -7137 Mr. Jim Iiorrison, City Manager City of El! Segundo 350 Main Street El Segundo, CA 90245 71 SUBJEC PROPERTY LOCATED AT 140 S. SEPULVEDA BOULEVARD, EL SEGUNDO, CA i Dear Mr. 1 orrison, 1 enjoyed �neeting with you and Jim Hansen today, and our discussion relative to the purchase of the subj et property by Project One- Fifty. This letter 6hall confirm that it is Project One - Fifty's intention to purchase the subject property as soon as the City of El Segundo is in a position to complete a sale. As you ad�,ised, there are certain procedures the city must satisfy before a sale can be finalized, which will most likely make it impossible to close a transaction on or before February 28, 1998, the due datee of our existing loan on the shopping center adjoining the subject property. In view of ��the sale transaction being delayed to some time beyond February 28, 1998, we are hereby requesting that the expiration date ( January 31, 2005 ) of the existing Ground Lease on the subject !property, between Project One - Fifity and the City of El Segundo, be extended to v� February 2�, 2028. This will add approximately twenty three (23) years to the Ground Lease, '` ✓ making the loverall lease term thirty (30) years, which will satisfy our lender's requirements and allow us to iefinancc our shopping center property. (Please refer to Midland Loan Services letter enclosed, dated August 8, 1997 ) As we disc sed, this will only be a temporary arrangement until we purchase the property which should occtt# within the next approximate six month period. Many thank for your help and assistance concerning this matter. Yours truly A 1 O TION T ; 4 ANTHONY! BREn 0 AS le sal P IrrTUUNOR SON-000 MIDLAND 0 A Y A 61'91 -I•M'- INQ August 19r Amboo teat Anthony neat Corporation 96651 U (tire Blvd. Swte 220 Beverly J , CA 90212 Re ISO 4auth SepW%eda Bled EI Sakutido, CA 90245 97 With regod to tkv lent of lone i 1. 1997, 1 do sincerely apologise as I misrepresented the terms enquired by Midlanb loan Semoes and our rattag alean. as they relaw to ground Isaacs. CuMAI undamnung Swidah mirequus ground lessee and related options to extend a tutmmum of S years beyond the proposed 25 fear loin smorAzatioc Accordingly, in the case of Project $1, the ground lease and options would need to extend a minimum of 30 veers beyond the loan closing date AR,attt, l tit lv apologise for my egregious error of June 11. 1 ccitunly hope that it has act Caudell }bu undo don. I would be happy to talk with a mpresentatm of the City if sddihonal explanation is Mquued. Name call me if you have quesilons at 1.800 - 598.8363 Sincerely, John Noll d 174 L/9 snw.r 94= 12Q14b38 wilt 1 tvru .. RECORDING REQUESTED BY CITY ATTORNEY FRECOIR11,1E GFI LED !" %FFiC!AL ECORIlS 3 � 3 ECORDER'S OFFICEWhen recorded mail to: LOS CALIIFORNIAUNTtf � CITY ATTORNEY MIN g A MA. NOV T City of E1 Segundo PAST 350 Main Street El Segundo, California 90245 (310) 607 -2200 L r' ;y i FAX (310) 322 -7137 - -- — - L�' LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered Into this 20thday of September , 1994, by and between the CITY OF EL SEGUNDO, a municipal corporation (hereinafter referred to as "LESSOR*), and PROJECT ONE - FIFTY, a California general partnership, (hereinafter referred to as "LESSEE"). WHEREAS, Lessor is the owner of certain real property, legally described below, located on the southeast comer of Sepulveda Boulevard and El Segundo Boulevard, in the City of El Segundo, State of California; and WHEREAS, Lessee is the owner of the shopping center commonly known as the North Village Shopping Center, 150 South Sepulveda Boulevard, situated adjacent to Lessor's property; and WHEREAS, Lessee is desirous of leasing Lessor's property for the purposes of expanding the parking availability for the shopping center. THEREFORE. in consideration of the rental payments set forth below and the mutual promises made by the parties hereto, it is agreed as follows: WITNESSETH: 1. Premises. Lessor does hereby lease to Losses and Lessee does hereby hire and take from Lessor certain unimproved property located in the City of El Segundo, County of Los Angeles, State of California, consisting of approximately forty one thousand three hundred forty square feet (41,340), as shown on Parcel Map No. 17749, recorded in Book 207, Page 58, in the office of the County Recorder of the County of Los Angeles, State of California, (hereinafter referred to as the "Leased Property "), and legally described on Exhibit "A," attached hereto and made a part hereof. 2. Tenn. The tern of this Lease shall be for a period of ten (10) years, commencing on October 1, 1994 and ending on September 30, 2004. Notwithstanding the foregoing, the lease shall terminate and be of no further force and effect upon Lessee selling the North Village Shopping Center to a third party. 3. BM Lessee shall pay as rent for said Leased Property, for the term of this Lease, the base rent of Twelve Thousand Dollars ($12,000) per year, payable in twelve (12) equal installments of One Thousand Dollars ($1,000) each on the first day of each calendar month, at the offices of Lessor. On October 1 each year commencing October 1, 1995, the original annual rent of $12,000 shall be adjusted by the percentage increase, If any, of the Consumer Price Index as shall be reflected in the most recent report of consumer prices for the Los Angeles/Long Beach Standard Metropolitan Statistical Area ("CPI') over the CPI for September 1994. The rent shall not be decreased by any decrease in the CPI. Failure on the part cf the Lessee to pay sny,payment within three (3) days following written notice to Lessee that the payment was not received when due shall at the election of the Lessor constitute a complete default of the entire amounts due and payable and shall terminate the lease and the tensinry c-ested, and upon ite ekolion bainy so exar6bad oy the Lessor by a written notice sent to the Lessee, this lease shall be considered null and void, in default; and it shall be conclusively presumed that possession has been returned to the Lessor, and said !1 17 r) alm3 r Lessor then shall have the right and privilege to go upon the property without interference from the Lessee. 4. Ys , The Leased Property shall be used only for motor vehicle parking. Lessee shall not cause any buildings, structures or signs, except for signs related to parking, to be placed on the Leased Property. 5. Improvements and Modlflatiorts. Lessee shall fill, grade and pave those portions of said Leased Property as Lessee shall deem reasonably necessary from time to time in order to provide sufficient parking for its tenants and shall otherwise improve such portions of the Leased Property as Lessee shall deem reasonably necessary by constructing surface parking, and providing landscaping to shield the westerly boundary of the Leased Property from Sepulveda Boulevard, at the sole expense of Losses, and In accordance with specifications to be approved by the Lassoes Director of Planning and Building Safety, which approval shall not be unreasonably withhold and shall be rendered on a timely basis. B. §JM Lessor retains the right to place a sign on the north side of the Leased Property, or in any other location, as long as It does not interfere with parking. Lessee shall not place any signs on the Leased Property, except a sign identifying the Leased Property as a parking lot for the North Village Shopping Canter. 7. Mal tenance and Psvment of Utilities. Lessee, at its expense, agrees to continuously maintain the asphalt parking surfaces, landscaping and other permitted improvements, including utility services and connections, trash, garbage and debris removal services, and any and all other related services necessary to maintain the Leased Property in good, safe, sanitary condition and repair throughout the term of this Lease Agreement, ordinary wear and tear excepted. However, notwithstanding anything to the contrary in this Lease: (a) Lessor shall maintain Lassoes sign in good and attractive condition at its sole expense, and Lessee shag have no obligation with respect thereto; and (b) Lessee shall have no obligation to maintain the subsurface of the Leased Property or to romediate or comply with laws regarding hazardous materials, except with respect to conditions created by Lessee or its agents or employees. With respect to the parking area (the "Retained Lot") located immediately south of the Leased Promises and east of the North Village Shopping Center, as shown on the !'exhibit attached to this Lease: (i) Lessor shalt maintain the Retained Lot in a neat and attractive condition and shall property fence and screen sold area from view from the North; and (ii) Lessor shall correct the existing runoff condition which is causing rainwater to flow from the Retained Lot unto the North Village Shopping Center and shall prevent any further water damage from being caused thereby. 8. Inaress/Eaross. Lessor hereby retains the right of ingress and egress over the Leased Property from the Retained Lot lying southerly of the Leased Property and easterly of the shopping center buildings. 9. Notice of Sale or Transfer of Showing Center. Upon the sale or transfer of Lessee's ownership of the North Village Shopping Center, Lessee shall immediately notify Lessor at the address provided herein below. 10. Five Pofta Stara for Adiok*w Pr000rty Owner. As a condition precedent, Lessee agrees to make available to the adjoining property owner to the Leased Property, Ray Sherwood or his successors, five parking stalls, as selected and designated from time to time by Lessee, at an initial rate not to exceed Six Hundred Dollars ($600) per year, per star. Such rate shall be increased each October 1 pursuant to the CPI as provided in Section 3 of this Lease. Lessee shall provide to Lessor, a copy of the agreement with Mr. Sherwood, or a letter from Mr. Sherwood indicating that he does not desire to rent the spaces, within thirty (30) days of the execution of this Lease. 11. Notice of Possessoryr Interest Sublect to Taxation. Lessee recognizes and understands that this Lease may create a possessory interest subject to property taxation and that the Lessee shall be liable for the payment of any property taxes levied on such interest. 12. Hold Harmless. The Lessee agrees to and shall indemnity, defend and hold the Lessor, its officers, agents, employees and representatives, harmless from any and all liability for damage or claims for damage for personal injury including death and claims for property damage arising out of the use of the Leased Property, including, but not limited to use by Lessee's agents, s ucyi� °ittritu, o► "N,..,.nr..a... 0 17G 9#63, 94 2014838 employees, or other person acting on its behalf or with its permission, but excluding any acts of Lessor or their respective agents, employees or persons acting on their behalf or with their permission. If an agreement is entered into between Lessee and Ray Sherwood or his successors as provided for in paragraph 10 hereof, Ray Sherwood or his successors shall be required to hold both the Lessee and Lessor harmless from any and all liability for damage or claims for damage for personal injury including death and claims for property damage arising out of the use of the Leased Property, Including, but not limited to use by both Lessee's and Lessors agents, employees, or other person acting on their behalf or with their permission, but excluding any ads of either Lessee, Lessor or their respective agents, employees or persons acting on their behalf or with their permission. 13. Insuranu. Lessee shall procure and keep In effect during the term hereof a combined single limit policy of $1,000,000 for general and property damage liability insuring against liability arising out of use, occupancy or maintenance of the Leased Property. Lessee may self- insure any or all of the above insurance requirement. Lessee shall provide Lessor with evidence of insurance or self-insurance as herein requested. Lasses shall file with Lessor, as a condition precedent to the execution of the Lease Agreement, a certificate or certificates of protective liability insurance as heroin required in which the Lessor, its officers, agents and employees, are named additionally insured under the policy. The Lessee shall also fumish evidence of a commitment by the insurer to notify Lessor by registered mail of the expiration or cancellation of the required insurance not less than thirty (30) days before the effective date of such termination. 14. Assignment and t3ullft0m. Lessee shall not sublet or assign the whole or any part of the Leased Property without the written consent of the Lessor being first obtained, except as outlined In this Lease Agreement to Ray Sherwood, and/or his successors. 15. Recordbw of Lease. This lease shall be recorded with the County of Los Angeles Recorders Office in the records of the Leased Property. 16. Defaut Failure of Lessee to perform any of its covenants, conditions or obligations under the Lease shall constitute default under the Lease after notice from Lessor and an opportunity to correct or cure such failure and permit Lessor to pursue any of Its remedies under law, including but not limited to termination of the Lease. 17. Notices, Any notice hereunder shall be deemed duly served If mailed by certified mail, return receipt requested, addressed as follows: Lessor. CITY OF EL SEGUNDO Attn. City Manager 350 Main Street El Segundo, California 90245 (310) 607 -2226 FAX (310) 322 -7137 Lessee: PROJECT ONE -FIFTY do Anthony Brent Corporation Attn. Anthony Brent 9665 Wilshire Boulevard, Suite 220 Beverly Hills, California 90212 (310) 247.7171 FAX (310) 247 -7172 In each case, the customary certified mail return receipt shall be conclusive evidence of such service. Either party may change its address to which a notice shall be sent by giving written notice of such change to the other party as provided herein. 18. Waiver, The failure of either party to insist on strict compliance with any of the terms, covenants or conditions of this Lease Agreement by the other party shall not be deemed a waiver of that tern, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or vines be deemed a waiver or relinquishment of that right or power for all or any other times. T ..1, I ... L,1 . ,pAN MpwrNw,rU w 3 ar+aw 0 177 ­A 94 2014838 _ L _ 19. Entire AoreemenL This lease contains the final and entire agreement between the parties and contains all of the terms and conditions agreed upon, and no other agreements, oral or otherwise, regarding the subject matter of this lease shall be deemed to exist or to bind the parties, It being the intent of the parties that neither shall be bound by any term, conditions, or representations not written here. IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement the day and year first above written. CITY OF EL SEGUNDO l By: / - Mayor ATTEST ,:l v � / ,� ' S zi City 09% (seal) PROJECT ONE -FIFTY A California general partnership By, By: Partner APPROVED AS TO FORM:_ 1 City Attorney STATE OF CALIFORNIA SS. COUNTY OF LOS ANGELES On this 20th day of September , 1994, before me, J. O. Abreu the undersigned Notary Public, personally appeared Carl Jacobson , the Mayor of the City of El Segundo, personally known to me to be the person who executed the within instrument on behalf of the partnership, and therein named, and acknowledged to me that the partnership executed It. WITNESS my hand and official seal. OFFICIAL StAL J. O. ABREU (SEAL) NOTAFr outuC - CKIIN IFON Los ANOWS COUMlY y, CaM E,WN Aug 2E. INt STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) NOTARY PUBLIC On this A day of 1994, before me, h •,4�dBi,✓s the undersigned Notary Public, personally appeared Zlah � g Q. ,Cown�vy e-j , and AN F64,0'y . A;,,, /,'e , Partners of Project One - Fifty, personally or otherwise known to me to be the e� persons who executed the within instrument on behalf of the partnership, and therein named, and acknowledged to me that the partnership executed R. WITNESS my hand and official seal. (SEAL) ht OS Fe s s rtv M" �o" J,. i 4 r —. NOTARY PUBLIC MA N%44m­W0m,4L* 94 2014838 STATE OF CALIFORNIA ] COUNTY OF LOS ANGELES ] CITY OF EL SEGUNDO ] SS 233 -1 � "MINnn I, Lora Freeman, Deputy City Clerk of the City of El Segundo, California, and ex- officio Clerk of the City Council of said City, do hereby certify and attest that the City Council approved the following at their 7:00 P.M. meeting on SEPTEMBER 20. 1994. Lease agreement with Protect me-My lcomer of SeouModa and El Segundo Blvd.) IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of El Segundo, California this 10th day of October, 1994. L--,L QRA FREEMAN Deputy City Clerk of the City of El Segundo, California (SEAL) 0. ] 79 94 2014838 vUl� I f(F1�.1 2363 h RECORDING REQUESTED BYf'­ CITY ATTORNEY When recorded mail to: CITY ATTORNEY City of E1 Segundo 350 Main Street E1 Segundo, California 90245 (310) 607 -2200 FAX (310) 322 -7137 95 1486194 �'1111NM1 RECORDED/FILEO IN OFFiCIAL ?E;,'R .nS LOS RECORDER'S ES COUNTY CALIFORNIA 8:04 AM SEP 13 1995 FREE N 1 AMENDMENT TO LEASE AGREEMENT THIS AMENDMENT TO LEASE AGREEMENT is made and entered into this 17th day of January , 1995, by and between the CITY OF EL SEGUNDO, a municipal corporation (hereinafter referred to as "LESSOR"), and PROJECT ONE - FIFTY a California general partnership, (hereinafter referred to as "LESSEE ") WHEREAS, Lessor and Lessee entered into a Lease Agreement dated September 20, 1994, recorded in the Official Records of Los Angeles County, California, #94- 2014838; which Lease Agreement the parties desire to change as to the term thereof NOW, THEREFORE, the parties hereto agree that paragraph 2 of Lease Agreement is amended as follows: TERM. The term of the Lease Agreement shall be for a period of ten (10) years, commencing on February 1, 1995 and ending on January 31, 2005. Notwithstanding the foregoing, the lease shall terminate and be of no further force and effect upon Lessee selling the North Village Shopping Center to a third party. All other terms and conditions of the Lease Agreement dated September 20, 1994 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Lease Agreement the day and year first above written CITY OF EL SEGUNDO , By: Mayor ATTEST: City Clerk (seal) PROJECT ONE -FIFTY A California general partnership IpArtner By r4-�4-1 Partner APPROVED AS TO FORM -_A., � t A n 1 1 VV4������ City r ey uul� I til+►::. JOB 2363 n 010M r, ' M1N11f1 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of County of _�- M -a��,✓ 2363 On g --sue- 4. 1-?Ifr before me, 770 h rC,4_ , %i Otla Naar arw TMN of offer (e.g.. "Jane Goa. ry PLOW) personally appeared C'ct r L �iacc >J�SnI✓ Name(q at Sprrr(a) Xpersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by histher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OFFICIAL SEAL J. O. ABREU NOTAq r PUBLIC • CALIFORNk1 LOs ANGELES COUNTY V J uUla A. M� CanT. E�Pxaa Ayg.23. t99s � -t -1 SipwtlME at NOWy Pu17he OPTIONAL Though the inforrrfation below is not r"uired by law, it may prove valuable to persons relying on ft document and could prevent fraudulent removal and reattachment of this form to anofhar document. Description of Attached Document r �/ Title or Type of Document: /W"�� '"'� 74 ZeL"- � 5P Document Date: 7 , �Q9S' Number of Pages: / Signer(s) Other Than Named Above: 144 Capecity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: Signer's Name: El El Individual Corporate Officer Title(s): Partner — ❑ Umited ❑ General Attorney -in -Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: I� Top of rhumb We O 1994 Nab" NoMN Aaaoc abon • WX Ram M AN.. P.O. Bon 7161- Canoga Park. CA 91309.7194 Prod. No. 5907 Roomer Call Toll-Free 1400497MBEF 95 1488194 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT No S9C" State of Ia 23 63 County of ,Lo r' ''f�IlNnr► On tlAz h a -3. / 4 9 before me, r a & r DATE NAM OF OFFICER - E G.. -JAN9 DOE. NOTARY PURL personally appeared /7t r7 -th o e? '4 f-:7., en 1-- OF SIGNER(S) ❑ personally known to me - OR - % proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MARILYN C.cLA(R WITNESS my hand and official seal. comm. ♦ 9t1t7791 i 1 . Notary Public — Californlo LOS ANGELES COUNTY My Comm Expires FED 26.1997 F NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) PARTNER(S) ❑ IMITED GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTTTY(IESI DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE &F DOCUME NUMBER OF PAGES i-7 Xq S DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 0 183 01993 NATIONAL NOTARY ASSOCIATION - 6236 Rpmm-- A• ° ^ ^ - - 7184 - Campa Park CA 81309 -7161 95 14881 94 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of e 1t , F,9 I-N , County o ® 4A-^' 6 a On /S—r / 943- be re me, t ow 3" • - ,6,01 %T , Dale Name and TifM of O9ber (e.g., 'Jana Doe. Nwery Public") personally appeared D m). 0, 00 Nrne(s) or Slpner(s) "ersonally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she/they executed the OFFICIAL SF A3 same in his/her/their authorized capacity(ies), and that by h -,NOTARY J. Hewitt his/her/their signature(s) on the instrument the person(s), � il- ,NOTARY PUBLIC • CALIFORNIA or the entity upon behalf of which the person(s) acted, ORANGE COUNTY executed the instrument. My Comm. Expires Oct. 30. 1995 WITNESS my hand and official s S re of Nwery Pu OPTIONAL Though the information below is not required by law it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Oft tNi m CA. , "To Lc: A-S , /tee ,cCe- m 1r , T Document Date: ShN - 117, / SAS Number of Pages: Signer(s) Other Than Named Above: A'T ).RCN r R>t0ti7 - CALL_ Capacity(ies) Claimed by Signer(s) Signer's Name: C ❑ C Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attomey -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing Top of thumb here Signer's Name: J Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attomey -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: 18 41 O 1994 Na110W Nogry A90K*tw •6'136 Remmef Ave.. P.O. Box 7181 • Cenope Park CA 91300 -7164 D_.1. 95 1488194 Top of thumb here Reoroer Call Toll-Firm 1.60067646677 RECORDED REQUZBTED BY: City Attorney City of E1 Segundo 350 Main Street El Segundo, CA 90245 REEF RECORDED RAIL TO: City Clerk's Office City of El Segundo 350 Main Street El Segundo, Ck 90245 96 .117933 RECORDEDIFILED IN OFFICIAL RECORDS RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 8:04 AM ,IAN 23 1996 A: ESZ—}iM TO LZUZ A=ZZX= (EC. _) FEE $25 F 1 This LEASE AMENDMENT ( "AMENDMENT No. 2 "), is made and entered into this 7th day of November , 1995 by and between the CITY OF EL SEGUNDO, a municipal corporation, ( "Lessor ") and PROJECT ONE - FIFTY, a California general partnership ( "Lessee "), with respect to that certain LEASE AGREEMENT, entered into by and between the Lessor and Lessee, dated September 20, 1994, recorded with the Loa Angeles County Recorder's Office as document No. 94- 2014838 ( "Lease "), and AMENDMENT TO LEASE AGREEMENT, dated January 17, 1995, ( "Amendment "). WHEREAS, THAI DISHES, one of Lessee's tenants at 150 S. Sepulveda Boulevard, El Segundo ( "Premises "), seeks to expand its restaurant operations thereby necessitating additional parking pursuant to the E1 Segundo Municipal Code; and WHEREAS, there is insufficient on -site parking to most the additional parking requirements generated by the expansion of THAI DISHES; and WHEREAS, the "Leased Property" (as this term is used in the Louse), was intended to provide off -site parking for the ccmmeraial center in which THAI DISHES is located; and WHEREAS, there are only 24 parking spaces provided on the Premises and the Leased Property provides another 48 spaces for the term of the Lease; and WHEREAS, the current uses of the Premises and the proposed expansion of Thai Dishes would require a total of 68 parking spaces; and WHEREAS, the parties acknowledge that for the term of the Lease there is a need to provide a mechanism to ensure that the I d In: tAgI- nur.nt.02 W►11 MA 2363 8 rr ^nmvm a 185 businesses located on the Premises comply with the parking requirements of the E1 Segundo Municipal Code. NOW THEREFORE, acknowledging the valuable consideration and the mutual promises given by the parties hereto, the parties agree to amend the Agreement and Amendment thereto by adding paragraph 20 to the Agreement, as follows: 1120. C=liaaca with City of E BegMAn V-4r4ing fti=r1ir+.nne The Lessee shall not allow uses on the Premises which would cause violations of parking requirements set forth in the E1 Segundo Municipal Code. The Lessee hereby agrees that should the uses(s) of the Premises be in violation of said parking ordinance the City shall be entitled to injunctive relief against the Lessee and /or any occupants of the Premises whereby the City would be entitled to enjoin any use of the property which cause the above described violation(s). Lessee further agrees and acknowledges that any applicant for a business license who seeks to use the Premises, including without limitation the current applicant Thai Dishes, which will cause the total parking requirements on the Premises to exceed 24 spaces or which files an application when the total number of required parking spaces for the Premises exceeds 24 spaces, shall execute an agreement in the form attached hereto as Exhibit A. This provision is not intended to, nor does it, make any user of the Premises or the Leased Property a party or third party beneficiary to the Lease. This provision is only a mechanism Segundo o n9 orrpliannce� with the parking requirements of the El IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the day and year first above written. A � i1l,v i y r CITY OF EL SEGUNDO, a municipal corporation' yor 96- 117933 1 ww i KI%AJ 23 63 B CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of 141. • r n ;'�� , ra County of L c s 4lvc' is , e 1 On A ttvr before me, _T• c- ..Ju s .e.c DW Nwo am 711a of oftw w 9. •JUa boe ft"" P,&c -1 personally appeared (d rR & rAeCA,: rti wrlafn a sg10n.1 Apersonaliy known to me — OR — proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hia/her/their authorized capacity(iss), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. a0•A� executed the instrument. Cawrisanll�fli ! WITNESS my hand and official seal. M/ Cenun. irOrwN0�.1�1/ sg101ud of Nadry Pubk OP77ONAL ThoWh Ole /ntomown below is not repaired by iew, of nmY Prow veivable to Darns re" on ow docunlenr end ONO prevent fraudulent rsmovei en0 re awtvrisw or Ma roan to amew document. Description of Attached Document Title or Type of Document: f.Mrw /^* • V( E+ 4e.r s r .c .2 Document Date: ? i y9J' Number of Pages: Signer(s) Other Than Named Above: ue , ;�K Capacity(ies) Claimed by Signer(s) Signer's Name: r' Individual * Corporate Officer TIM M: Partner — Limited —_ General G Attomey -in -Fact Trustee C Guardian or Conservator ED Other: Signer Is Representing: Too of thumb Hare Signer's Name: Individual Corporate Officer Title(s): = Partner — `i Limited = General Attomey -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: 96- 117933 IM C1 Iflurrlb nve O Ipp. Nb1grW Nbyry Agppdml • {YJS Ilenlrndl Aw . P O eoa 710. • Crape PaM. CA e130►TIM Prod. fee SN? Aft", CY 110"W 1153D47erfl 0 187 CALIFORNIA ALL- PURiPOU ACKNOWLEDGMENT State of ( a. L*-ror n + 2 County of .LDS On 4)0✓em7 er J3 / f III S before me, X taro DATE . TITLE OF OFFICER - E G JJANE DOE NOT, Y PUBLIC" personally appeared )q 17 lil' 117 f/ /'Cn-1'- li NA xE(S) OF SIGNERISI ❑ personally known to me - OR - §proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. yarn» WITNESS my hand and official seal. comm. Lew-ww�wos - Cdifama FOUNTY 07 8q 7,RV OPTIONAL Though the data below is not required by law, it may prove valuable to persons raying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLEM 19 PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANCONSERVATOR ❑ OTHER: SIGNER 18 REPRESENTING: NAME OF PERSONS) OR ENTITYUESI TITLE OR TYPE OF DOCUMONT r NUMBER OF PAGES //f 7Zqk--- DATE OF DOCUMENT _3 SIGNERS) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 9236 RarvRN Ave. P O Boa 7191 - Canopa Park CA 913011 -71114 PROJECT ONE- FIFTY, a California general partnership By: kCt °�F artner By: ner APPROVED AS TO FOR �. -1L,,4-> y y torney 96— 11793-3 State of `L%4�u } 96— 11 7933 County of f✓"LcL+I ci( on-) I - %1 ci beforeme, 5. ot,:f yl—&j , DATE -NAME Tau of owait E G 'JM/E OOE. 40YARY PUSLIC' personally appeared JLY10 Witness my hand and official seal. CAPACITY CLAIMED BY SIGNER INDIVIDUAL(S) CORPORATE OFFICERIS) ....// TITLEtSI pE PARTNER(S) 13 ATTORNEY -IN -FACT (3 TRUSTEES) Q SUBSCRIBING WITNESS ❑ GUARDIAWCONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: NAME OF PERSOWS) OR ENTI EtSt ATTENTION NOTARY: AMlouph ttw inlormsUon rsqussW Comm OPTIONAL. n could prw"nt trsuduMnt sRscntlynt of Ma c" k&@ ld unsuRlonrsd Ooa~. THIS CERTIFICATE Title or Type of Document A.'X' . "tAIG -cT -tG +f&% 1-no :Z) MUST BE ATTACHED � TO THE DOCUMENT Number of Pages S Date Of Document 1117j25 DESCRIBED AT RIGHT: Signer(s) Other Than Named Above �_ 1/Yt NATIONAL NOTARY ASSOCMTION • I27E RMnr W AM -PO DW 7$lM - C& 084 Pf/t. CA $110 7184 fl. 0 ]E NAME�SI OF SIGNERfSI ❑ personally known to me - OR - proved to me on the basis of satisfactory evidence to be the personal whose name(A is/ail;, subscribed to the within instrument and ac- knowledged to me that heioliie oy executed CyNrKALCATNCARt the same in hislliiw4Aefr authorized s COMM.09=13 Fwaiv Putt — Ccowery f capacity(ieQ, and that by hisHleE#herr the instrument ! ORANGE COUNTY E> My CGTT. piMJAN 20, IM signature($ on the person*, o►the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. CAPACITY CLAIMED BY SIGNER INDIVIDUAL(S) CORPORATE OFFICERIS) ....// TITLEtSI pE PARTNER(S) 13 ATTORNEY -IN -FACT (3 TRUSTEES) Q SUBSCRIBING WITNESS ❑ GUARDIAWCONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: NAME OF PERSOWS) OR ENTI EtSt ATTENTION NOTARY: AMlouph ttw inlormsUon rsqussW Comm OPTIONAL. n could prw"nt trsuduMnt sRscntlynt of Ma c" k&@ ld unsuRlonrsd Ooa~. THIS CERTIFICATE Title or Type of Document A.'X' . "tAIG -cT -tG +f&% 1-no :Z) MUST BE ATTACHED � TO THE DOCUMENT Number of Pages S Date Of Document 1117j25 DESCRIBED AT RIGHT: Signer(s) Other Than Named Above �_ 1/Yt NATIONAL NOTARY ASSOCMTION • I27E RMnr W AM -PO DW 7$lM - C& 084 Pf/t. CA $110 7184 fl. 0 ]E wwiKALil 23o3 G I Exhibit A r' "'MIUM Agreement re Compliance With E1 Segundo Parking Ordinance This agreement is entered into this 7th day of November, 1995, by and between the City of E1 Segundo ( "City ") and Thai Dishes ( "Applicant "). WHEREAS, Applicant seeks a business license from the City for purposes of operating a restaurant at 150 S. Sepulveda Boulevard, E1 Segundo ( "Premises "); and WHEREAS, such restaurant use is required to provide 25 parking spaces pursuant to the E1 Segundo Municipal Code; WHEREAS, the proposed use will either cause the total number of parking spaces required by the E1 Segundo Municipal Code for the Premises to exceed 24 or the total number of parking spaces required for the Premises already exceeds 24 spaces; and WHEREAS, the City previously on September 20, 1994 entered into a Lease Agreement ( "Lease") with the owner of the Premises for purposes of providing more parking spaces for the Premises. The Lease was recorded as document No. 94- 2014838 with the Los Angeles County Recorder's Office. The lease was subsequently amended 2 times on January 17, 1995 and November 7, 1995 respectively; and WHEREAS, the City and Applicant intend to allow Applicant to operate its proposed business on the Premises, but only for so long as the Lease is in effect or other suitable parking which meets the requirements of the E1 Segundo Municipal Code is in place. NOW THEREFORE, acknowledging the valuable consideration and the mutual promises given by the parties hereto, the parties hereby covenant and agree as follows: 1. Riaht to Onerate Business. City and Applicant agree that Applicant shall only be allowed to operate its business as described above on the Premises for so long as the Lease is in effect, unless the Applicant within 30 days of the termination of the Lease procures other suitable parking which meets the requirements of the E1 Segundo Municipal Code, as amended from time to time. Applicant understands that the Lease term will expire on January 31, 2005 unless it is extended by the City and owner of the Premises. Applicant also understands that the Lease could be terminated earlier if the owner of the Premises breaches the Lease or as otherwise set forth in the Lease. 2. Zniunctive Relief. Applicant hereby agrees that should the Lease be terminated and Applicant is unable to find other parking which satisfies the requirements of the E1 Segundo Municipal Code within 30 days of the termination of the Lease, City 1 96— 117933 n 1qVI shall be entitled to injunctive relief against the Applicant whereby the City would be entitled to enjoin any use(s) of the Premises by the Applicant. 3. Applicant Not a Party to the Lease. Applicant acknowledges that it is not a party or third -party beneficiary to the Lease and is not entitled to any rights thereunder. The references to the Lease herein are for purposes of clarifying Applicant's obligation to have parking which meets the requirements of the City's Parking Ordinance. 4. Applicant Must Comnly with Other Applicable Laws. Applicant understands that this Agreement relates to Applicant's obligation to provide for parking and that it does not relieve Applicant of its obligation to comply with all applicable federal, state, and local laws and regulations. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST City rk ' CITY OF EL SEGUNDO, a municipal corporation By: 4 Mayor Applicant: By: 4 �/ _ �.+.r .f'a�y; .�i✓� (Name) 'I OVA,, :• ) [Title) APPROVED AS TO FORM: Q City Attorney wli I KIM: 1, 2363 81 2 er " MIMA 96- 117933 0 191 RECORDING REQUESTED BY CITY ATTORNEY When recorded mail to CITY ATTORNEY City of E1 Segundo 350 Main Street E1 Segundo, California 90245 (310) 607 -2201 AMENDMENT TO LEASE AGREEMENT (NO. 3) This AMENDMENT TO LEASE AGREEMENT is made and entered into this day of , 1997, by and between the City of E1 Segundo ( "Lessor ") and Project One- Fifty, a California general partnership ( "Lessee "). WHEREAS, Lessor and Lessee entered into a Lease Agreement ( "Lease Agreement ") dated September 20, 1994, recorded in the Official Records of Los Angeles County, California, #94- 2014838; which Lease Agreement; WHEREAS, Lessor and Lessee entered into an Amendment to Lease Agreement ( "First Amendment ") dated January 17, 1995, which amendment amended paragraph 2 of the Lease Agreement relating to the term of the lease; WHEREAS, Lessor and Lessee entered into an Amendment to Lease Agreement No. 2 ( "Second Amendment ") dated November 7, 1995, which amendment added a paragraph 20 to the Lease Agreement relating to parking on the premises; WHEREAS, Lessor and Lessee desire to extend the term of the lease and amend the provisions of the lease relating to rent; NOW, THEREFORE, the parties hereto agree to Amend paragraphs 2 and 4 of the Lease Agreement to read as follows: 2. TERM. The term of the Lease Agreement shall expire on February 28, 2028. 0 192 4. RENT. Lessee shall pay as rent for said Leased Property, the base rent of $23,850.00, which sum is due and payable upon execution of the Amendment to Lease Agreement (No. 3), and each year annually on the said execution date, at the offices of the Lessor. At the end of each ten (10) year period following the execution date of the Amendment to Lease Agreement (No. 3), the total land value, including all improvements, of the subject property shall be appraised by an appraising firm agreed to by the parties and paid for by Lessee. The base year rent shall then be recalculated to be nine percent (99k) of the appraised value of the subject property. In addition, the base rent shall automatically increase each year by a percentage which shall be equal to the percentage increase of the Consumer Price Index as shall be reflected in the most recent report of consumer prices for the Los Angeles /Long Beach Standard Metropolitan Statistical Area (11CPI11) using September 1997 as the base year. The rent shall not be decreased by any decrease in the CPI. All other terms and conditions of the Lease Agreement dated September 20, 1994, the First Amendment dated January 17, 1995 and the Second Amendment dated November 7, 1995 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Lease Agreement the day and year first above written. ATTEST: ity Clerk (seal CITY OF EL SEGUNDO By: MAYOR 0 19" PROJECT ONE -FIFTY A California general partnership By: By: APPROVED AS TO FORM City Attorney ID 1 1911 11/17/1997 11:16 3105429172 WILLIAMTMASON PAGE 01 November 11, 1997 The Honorable Mayor Sandra Jacobs Members of City Council 350 Main Street El Segundo, CA 90245 Re: Holiday Parade and Tree Lighting Dear Mayor Jacobs, On behalf of the Program Development Committee of the Chamber, I arm requesting placement on the November 18, 1997 City Council agenda to seek the City's support and co- sponsorship of the 34th Annual Holiday Parade. The parade, with its theme "Toyland," will be held from 2:00 to 4:00 pm. on Sunday, December 14th, down the full length of Main Street. The Tree Lighting will take place at City Fall Plaza Thursday, December 4th from 5:00 to 5:30 pm. The Chamber's Holiday Mixer follows immediately after the Tree Lighting at F'a'st Coastal Bank. The City's level of co- sponsorship on parade day generally includes traffic control and monitoring along the parade route: street closure; the procurement and setup of equipment needs, such as the Grandstand, with chairs for dignitary seating, and PA system for the parade announcer and street sweeping immediately after the parade. For the Tree Lighting, we will need the PA system, microphones and risers for entertainment, the podium, three tables, three chairs and canopy for the Jersetters' refreshment booth and about 70 chairs for general seating. We invite the City Council and other City dignitaries to ride in the parade and to participate in the Tree Lighting. We are excited about continuing this community tradition and thank you for your support in ensuring their success, Sincerely, Bill Mason President EL SEGUNDO CHAMBER OF COMMERCE - 427 MAIN STREET 9 EL SEGUNDO, CALIFORNIA 90245 - (310) 322 -1220 - FAX (310) 322.8880