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1997 SEP 13 CC PACKETORDER OF ADJOURNMENT OF A MEETING OF THE CITY COUNCIL, OF THE CITY OF EL SEGUNDO, CALIFORNIA THE EL SEGUNDO CITY COUNCIL CONVENED IN A MEETING ON SEPTEMBER 13, 1997 AT THE EL SEGUNDO CITY HALL, COUNCIL CHAMBERS, 350 MAIN STREET, EL SEGUNDO, CALIFORNIA. PRESENT: MAYOR JACOBS MAYOR PROTEM WERNICK, COUNCILMAN WESTON, COUNCILMAN GORDON, AND COUNCILWOMAN FRIEDKIN. ABSENT: NONE MayorJacobs declared the meeting adjourned to a meeting on SEPTEMBER 16, 1997 at 5:00 p.m. The above is a true and correct excerpt of an action taken at this meeting of the city council of the city of el segundo held on SEPTEMBER 13, 1997 . POSTED BY• MARLE E BAK , EXECUTIVE ASSISTANT TO THE CITY MANAGER CINDY MORTESEN, CITY CLERK CITY OF EL SEGUNDO, CALIFORNIA POSTED TIME: /./ .' /S POSTED DATE: PLEASE PLACE THE FOLLOWING PAGES IN YOUR PACKET UNDER: B. SPECIAL ORDERS OF BUSINESS 1 . continued Public Hearing on the following proposed (Second Quarter) amendments to the General Plan, Zone Text, and Zoning Map: etc. city o aseqwnl Inter - Departmental Correspondence TO: Honorable Mayor and Members of the City Council THROUGH: James W. Morrison, City Manager 4 3 FROM: Bret B. Bernard, Aicp, Director of Planning and Building Safety DATE: 12 September 1997 SUBJECT: Revision of Zoning Code Section No. 20.54.080. "Joint Use and Off -Site Parking Facilities" (Second Quarter General Plan /Zoning Code Amendment Packet) Please find attached a copy of a letter from the Continental Development Corporation (CDC) which Staff received on Wednesday, 10 September 1997. It is in response to the previously (City) proposed textual changes to Section No. 20.54.080 of the Zoning Code which relate to "Joint Use and Off -Site Parking Facilities ", as suggested by the City Attorney's office. At its regular meeting of 19 August 1997, the City Council did consider the proposed modifications to this Section of the Municipal Code. At that time, pursuant to the request of CDC's representative, Mr. Jerry Saunders, the Council determined it appropriate to Continue the public hearing on this and the accompanying Second Quarter General Plan and Zoning Code Amendments Packet items to afford an opportunity for the legal staff of CDC to communicate with our City Attorney on the matter. While the City Attorney has received the attached letter, he has indicated that he requires additional time to review and appropriately respond to the modifications as suggested by Continental Development Corporation. Mr. Hensley has preliminarily indicated to Staff that he will likely suggest a further Continuance of this item by the City Council on Tuesday evening, 16 September 1997, in order to more fully review the suggested changes. Attachment: Letter from Continental Development Corporation, dated 10 September 1997. xc: Mark D. Hensley, City Attorney [without attachmentl Laurie B. Jester, Senior Planner [without attachmentl PMEMOSSMMEMOYRM /bbb CONTINENTAL DEVELOPMENT CORPORATION HAND DELIVERED September 10, 1997 Mr. Mark Hensley, Esq. City Attorney ptVtS City of E1 Segundo 350 Main Street E1 Segundo, CA 90245 Re: Revision of Zoning Code Section 20.54.080, Joint Use and Off - site Parking Facilities. Dear Mr. Hensley: At the August 19, 1997 meeting the City Council graciously extended the public hearing on the captioned matter to give us time to comment back to you with regard to the proposed changes in the text of the zoning code. We have reviewed the following materials provided in the City Council Packet for the August 19, 1997 meeting, Agenda Item Statement (pages 014, 015), and Draft Amendment, Exhibit 2, copies of which are enclosed. Our comments are outlined below. Unless otherwise noted all document references are to "Draft Amendments - August 19, 1997, Parking Covenant - Exhibit 2." Paragraph "A" Delete the following Proposed language in its entirety. "Prior to the issuance of any building hermits or the beginning of the use, whichever occurs first, the covenant as described in Section 20.54.080 B.3. of this chapter shall be recorded in the office of the County Recorder, This covenant will-include such conditions and provisions as the Planning Commission Director of Planning and Building Safety or City Attorney may impose." • Add the following Suggested language: "Prior to the issuance of the certificate of occupancy or the beginning of the use, whichever occurs first, the covenant as described in Section 20.54.080 B.3. of this chapter shall be recorded in the office of the County Recorder." This covenant will include such reasonable conditions and provisions as the Planning Commission or Director of Planning and Building Safety may impose. 2041 ROSECRANS AVENUE. P,O. BOX 916, EL SEGUNDO, CALIFORNIA 90245 -0916 (213) 772 -0203 • (310) 640 -1520 • FAX: (310) 414 -9279 (JD. CONTINENTAL DEVELOPMENT CORPORATION Mark Hensley 9/10/97 Page 2 Comment. While the Proposed language provides maximum protection to the City, it is so restrictive that it will discourage the use of Joint use parking facilities. For many reasons property owners, and mortgage lenders will be unwilling to record a document against property prior to the recording of the construction loan or the issuance of a building permit. We believe that the this provision will be more "user friendly" and the City will still have reasonable protection if the "trigger" is moved to the Certificate of Occupancy. Again, we think this provision will appear more "user friendly" if the test of "reasonableness" is included. The provision that the Director of Planning and Building Safety as well as the City Attorney can impose "conditions ", is an unnecessary extension of the discretionary review process. The City Attorney's role should be limited to "advising" the Planning Commission and the Director of Planning and Building Safety and not to independently add his own conditions. Paragraph B.1. We urge the City Council to liberalize the percentage of joint use parking that may be authorized. We believe that greater flexibility, on a case by case basis, permitting joint use up to 100% might be warranted. The Planning Commission should not be limited but have the flexibility to set the limit above 50o if it is warranted. ParagraQh B.3. • Re -write in its entirety paragraph B.3. It has been our experience in trying to get tenants and lenders approval of a Joint Use Covenant that this paragraph is not clear and is subject to several legal interpretations. Also, it is not flexible enough to be properly applied in various situations that will arise. We urge that the entire paragraph be rewritten to clarify the rights and duties of the variety of entities that may be parties to such a Covenant. This would include: City, property owners, tenants, and mortgage lenders. Outlined below are two sentences that illustrate the need to re -write the paragraph. CDCONTINENTAL DEVELOPMENT CORPORATION Mark Hensley 9/10/97 Page 3 • "Such covenant shall also recite that the title to the right to use the lots upon which the parking space is to be provided will be subservient to the title to the premises upon which the structure is to be erected and shall warrant that such lots are not and will not be made subject to any other covenant or contract for such use with out the prior written consent of the City ". Comment. The above sentence should be re- written in a form that would spell out and clarify the elements to be included in the Covenant rather than make mandatory ( "shall also recite "), specific language that may not always apply. • "In the event the owners of such structures should thereafter provide parking space equal in area within the distance and under the same conditions as to ownership upon a lot other that the premises made subservient in a prior such covenant, the City will upon a written application therefore, accompanied by the filing of a similar covenant, release such original subservient premises from such prior covenant." Comment. In practice we have found that a Tenant using the "subservient" premises does not want the "owners" to be able to move his parking without his permission. The language of Paragraph B.3. should be made flexible enough to accommodate such reasonable requests. We would welcome the opportunity to discuss with you our comments in hope that we can work out some mutually agreeable language to present to the City Council for adoption. Sincerely, J rf y aunders i�e resident T: \PLANNING \JAS \js1515 Copies to Bret Bernard Laurie Jester Paul Garry Len Blakesley Enclosures (2)