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ORDINANCE 1465ORDINANCE NO. 1465 AN ORDINANCE ADDING A NEW CHAPTER 15 -24A TO THE EL SEGUNDO MUNICIPAL CODE REGULATING DEDICATION AND IMPROVEMENT OF PUBLIC RIGHTS -OF -WAYS. The City Council of the City of El Segundo does ordain as follows: SECTION 1: Findings. The findings set forth in Planning Commission Resolution No. 2703 are incorporated into this Ordinance by reference as if fully set forth. SECTION 2: A new Chapter 15 -24A entitled "Right -of -Way Dedications and Improvements," consisting of §§ 15 -24A -1 to 15- 24A -6, is added to the El Segundo Municipal Code ( "ESMC ") to read as follows: "CHAPTER 24A RIGHT -OF -WAY DEDICATIONS AND IMPROVEMENTS 15- 24A -1: Purpose. 15- 24A -2: Definitions. 15- 24A -3: Dedication. 15- 24A-4: Improvements. 15- 24A -5: Relief from requirements. 15- 24A -6: Notification. 15- 24A -1: Purpose. This Chapter is intended to implement the orderly acquisition and improvement of public rights -of -way to benefit public health, safety and welfare. Private property owners should provide and improve public rights - of -way to ensure that private property development does not adversely impact other public and private facilities and services. 15- 24A -2: Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. Words and phrases not defined by this chapter have the meaning set forth elsewhere in this Code, Government Code or the Public Resources Code. "Development" has the meaning set forth in Chapter 15 -1 of this Title. "Director" means the public works director or such other director designated by the city manager. "Environmental Assessment" means a review of a development in accordance with Section 6 of Resolution No. 3805, adopted March 16, 1993. "Use" has the meaning set forth in Chapter 15 -1 of this Title. 15- 24A -3: Dedication. A. Dedication. Unless otherwise provided, any development requiring an environmental assessment located on a lot abutting public rights -of -way, must dedicate a portion of that lot to widen the public rights -of -way in accordance with the standards in Exhibit C -8 of the General Plan Circulation Element. Property dedications must be noted on building plans before the City issues a building permit and the dedications must be made before the City approves a final inspection for a building permit or issues a certificate of occupancy for a proposed project. The Director is authorized to substitute an irrevocable offer to dedicate or to substitute a combination of a dedication and an irrevocable offer to dedicate for public rights -of- way in compliance with the standards in Exhibit C -8 of the General Plan Circulation Element and subject to § 15 -24A -4 of this Chapter. B. Width. Table 1, below is based on Exhibit C -8 of the General Plan Circulation Element and establishes the standard right -of -way widths for the various classifications for public rights -of -way. The right -of -way dedication on an individual lot is that portion of private property necessary to provide one -half (1/2) of the required standard width, measured from the centerline of the street. Table 1 Right-of-way Classification Minimum Width feet Major Arterial 142 -150 (varies based on lane configuration) Secondary Arterial 98 -120 (varies based on lane configuration) Collector divided 80 Collector 64 Local — commercial 60 -64 (varies based on lane configuration) Local — residential 60 Alley 20 2 1. Greater Widths. Greater widths may be required as by the Director of Public Works or designee conditions of subdivision maps, site plan review, conditional use permits or standards variances. 2. Reduced Widths. The required standard width may be reduced at specific locations on specific streets due to unusual conditions, as authorized by the Director of Public Works or designee. C. Effect on Required Yard Areas and Building Area Ratios. All required yard areas, lot coverage and floor area ratio a calculations must be measured after the dedication or reservation. If the Director of Public Works requires an irrevocable offer to dedicate, the required yard areas, lot coverage and floor area ratio calculations may be measured not including the area of dedication or reservation. 15- 24A-4: Improvements. A. Applicability. Before the City approves a final inspection for a building permit or issues a certificate of occupancy for any development or change of use, a property owner must make all required improvements and repairs to abutting public right -of -ways. The improvements and repairs must extend along the width and depth of the property and for a reasonable distance beyond the property as is necessary to complete the improvement or repair. Existing improvements that are damaged and that may have been damaged during construction of the building must also be repaired. B. Required Improvements; all development. Development or a change of use is required to provide the following right -of -way improvements that the Director determines to be required and applicable: 1. Sidewalk/Wheel Chair Ramps and Parkway. Construction or repair of a sidewalk/wheel chair ramp and parkway adjoining the site. The sidewalk must have a minimum clear width of five feet (5') and a parkway, or six feet (6') if the sidewalk adjoins the curb. 2. Curb and Gutter. Construction or repair of curbs and gutters adjoining the site. All unused curb cuts must be replaced with a full- height curb and gutter. 3. Parkway Trees. Any missing or damaged parkway trees 3 must be replaced with a minimum 24 -inch size box tree in accordance with Chapter 9 -3 of this Code and administrative policies and procedures promulgated by the city manager. 4. Alley Paving. Construction, replacement, repair or extension of alley paving up to standard width. The alley must be paved the length of the site. If vehicle access is taken from the alley, the Director may also require that the alley be paved to a point where the alley intersects a paved public right -of -way, and curb returns must be relocated as necessary. 5. Roadway Paving. Repair or replacement of roadway paving to standard street width as required in Exhibit C -8 of the General Plan Circulation Element. C. Required Improvements; new development requiring an environmental assessment. In addition to the improvements required by this section for development, the following right -of -way improvements must be provided: 1. Alley Lighting. Construct or install on -site alley lighting. 2. Roadway Paving. Construction or extension of roadway paving to standard street width as required in Exhibit C -8 of the General Plan Circulation Element. 3. Traffic Signals and Street Signs. Provide a prorated share of the cost of all roadway signal and street sign modifications attributable or partly attributable to the development. 4. Street Lights. Install or relocate street lights. This may include widening the right -of -way as necessary. 5. Utilities Relocation. Relocate utilities as necessary to provide for the improvements set forth above. D. Standards. All improvements within public rights -of -way must be installed in conformance with the specifications on file with the City Engineer's office. 15- 24A -5: Relief from requirements. The Director may waive requirements of this Chapter if the Director determines that such improvements are unnecessary for a public purpose or that the cost of the improvement is proportionally excessive when 4 compared to the scale of the project or the demand generated by the project subject to the findings set forth below. The determination of the Director may be appealed to the Planning Commission in accordance with Chapter 15 -25 of this Code. A. To waive the need for improvements and dedications otherwise required by this Chapter, the Director must find upon substantial evidence that: 1. The proposed waiver maintains the minimum roadway width necessary for emergency vehicle access as determined by the Fire Chief; 2. The proposed waiver maintains the minimum roadway width and lane widths deemed necessary for safe two- directional vehicular passage. The minimum lane width cannot be less than 10 feet in width for a travel lane and 8 feet in width for a parking lane; 3. The proposed waiver will maintain the necessary roadway width for the traffic volumes projected during the General Plan buildout as determined by the Director of Planning and Building Safety unless the Director determines that the dedication or irrevocable offer to dedicate will require the removal of all or a portion of an existing building; 4. The proposed waiver complies with any requirements of State and Federal regulations, including, without limitation, disabled access requirements for public sidewalks; 5. The proposed waiver would not be detrimental to the neighborhood or district in which the property is located; 6. That the proposed waiver is necessary in order that the applicant is not unreasonably deprived the use or enjoyment of his property; and 7. The proposed waiver is consistent with the legislative intent of this Title. B. Conditions. If the Director grants a waiver, the Director may impose such conditions necessary to safeguard public health, safety, and welfare. In all instances the Director must impose the following conditions: 1. Establish a term during which the irrevocable offer to dedicate is effective. 2. The waiver does not become effective for ten (10) days from when it is granted or, if an appeal is filed, there is a final determination. 3. The waiver becomes null and void if it is unused for one hundred eighty (180) days from its effective date. 15- 24A -6: Notification. A. Copies of the findings and decision of the Director must be mailed to the applicant and all persons within three hundred feet (300) of the proposed project site." SECTION 3: Environmental Review. This Ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA ") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment and establishes rules and procedures to implement an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, this Ordinance does not constitute a "project" that requires environmental review (see specifically 14 CCR § 15378(b)(2, 5)). Even if the Ordinance were to qualify as a project, it would be categorically exempt as a Class 1 or Class 5 project since, at best, it would constitute a minor alteration of existing public structures involving no expansion of use, or a minor alteration in land use limitations (see 14 CCR §§ 15301, 15305). The City will conduct environmental review of each individual project affected by this Ordinance. SECTION 4: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 5: Repeal or amendment of any provision of the El Segundo Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 6: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 7: This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. PASSED AND ADOPTED this 1St day of November, 2011. Eric Busch, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 1465 was duly introduced by said City Council at a regular meeting held on the 18th day of October, 2011, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 1 st day of November, 2011, and the same was so passed and adopted by the following vote: AYES: Busch, Fisher, Brann, Fuentes, Jacobson NOES: None ABSENT: None ABSTAIN: None Cindy Mcdesen, City Clerk APPR1 Mark E 7 ORDINANCE NO. 1465 AN ORDINANCE ADDING A NEW CHAPTER 15 -24A TO THE EL SEGUNDO MUNICIPAL CODE REGULATING DEDICATION AND IMPROVEMENT OF PUBLIC RIGHTS -OF -WAYS. The City Council of the City of El Segundo does ordain as follows: SECTION 1: Findings. The findings set forth in Planning Commission Resolution No. 2703 are incorporated into this Ordinance by reference as if fully set forth. SECTION 2: A new Chapter 15 -24A entitled "Right -of -Way Dedications and Improvements," consisting of §§ 15 -24A -1 to 15- 24A -6, is added to the El Segundo Municipal Code ( "ESMC ") to read as follows: "CHAPTER 24A RIGHT -OF -WAY DEDICATIONS AND IMPROVEMENTS 15- 24A -1: Purpose. 15- 24A -2: Definitions. 15- 24A -3: Dedication. 15-24A-4: Improvements. 15- 24A -5: Relief from requirements. 15- 24A -6: Notification. 15- 24A -1: Purpose. This Chapter is intended to implement the orderly acquisition and improvement of public rights -of -way to benefit public health, safety and welfare. Private property owners should provide and improve public rights - of -way to ensure that private property development does not adversely impact other public and private facilities and services. 15- 24A -2: Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. Words and phrases not defined by this chapter have the meaning set forth elsewhere in this Code, Government Code or the Public Resources Code. "Development" has the meaning set forth in Chapter 15 -1 of this Title. "Director" means the public works director or such other director designated by the city manager. "Environmental Assessment" means a review of a development in accordance with Section 6 of Resolution No. 3805, adopted March 16, 1993. "Use" has the meaning set forth in Chapter 15 -1 of this Title. 15- 24A -2: Dedication. A. Dedication. Unless otherwise provided, any development requiring an environmental assessment located on a lot abutting public rights -of -way, must dedicate a portion of that lot to widen the public rights -of -way in accordance with the standards in Exhibit C -8 of the General Plan Circulation Element. Property dedications must be noted on building plans before the City issues a building permit and the dedications must be made before the City approves a final inspection for a building permit or issues a certificate of occupancy for a proposed project. The Director is authorized to substitute an irrevocable offer to dedicate or to substitute a combination of a dedication and an irrevocable offer to dedicate for public rights -of- way in compliance with the standards in Exhibit C -8 of the General Plan Circulation Element and subject to § 15 -24A -4 of this Chapter. B. Width. Table 1, below is based on Exhibit C -8 of the General Plan Circulation Element and establishes the standard right -of -way widths for the various classifications for public rights -of -way. The right -of -way dedication on an individual lot is that portion of private property necessary to provide one -half (1/2) of the required standard width, measured from the centerline of the street. Table 1 Right-of- a Classification Minimum Width feet Major Arterial 142 -150 (varies configuration) based on lane Secondary Arterial 98 -120 (varies configuration) based on lane Collector divided 80 Collector 64 Local — commercial 60 -64 (varies configuration) based on lane Local — residential 60 Alley 20 K 1. Greater Widths. Greater widths may be required as by the Director of Public Works or designee conditions of subdivision maps, site plan review, conditional use permits or standards variances. 2. Reduced Widths. The required standard width may be reduced at specific locations on specific streets due to unusual conditions, as authorized by the Director of Public Works or designee. C. Effect on Required Yard Areas and Building Area Ratios. All required yard areas, lot coverage and floor area ratio a calculations must be measured after the dedication or reservation. If the Director of Public Works requires an irrevocable offer to dedicate, the required yard areas, lot coverage and floor area ratio calculations may be measured not including the area of dedication or reservation. 15-24A-3: Improvements. A. Applicability. Before the City approves a final inspection for a building permit or issues a certificate of occupancy for any development or change of use, a property owner must make all required improvements and repairs to abutting public right -of -ways. The improvements and repairs must extend along the width and depth of the property and for a reasonable distance beyond the property as is necessary to complete the improvement or repair. Existing improvements that are damaged and that may have been damaged during construction of the building must also be repaired. B. Required Improvements; all development. Development or a change of use is required to provide the following right -of -way improvements that the Director determines to be required and applicable: 1. Sidewalk/Wheel Chair Ramps and Parkway. Construction or repair of a sidewalk and parkway adjoining the site. The sidewalk must have a minimum clear width of five feet (5') and a parkway, or six feet (6') if the sidewalk adjoins the curb. 2. Curb and Gutter. Construction or repair of curbs and gutters adjoining the site. All unused curb cuts must be replaced with a full- height curb and gutter. 3. Parkway Trees. Any missing or damaged parkway trees must be replaced with a minimum 24 -inch size box tree in accordance with Chapter 9 -3 of this Code and administrative policies and procedures promulgated by the city manager. 4. Alley Paving. Construction, replacement, repair or extension of alley paving up to standard width. The alley must be paved the length of the site. If vehicle access is taken from the alley, the Director may also require that the alley be paved to a point where the alley intersects a paved public right -of -way, and curb returns must be relocated as necessary. 5. Roadway Paving. Repair or replacement of roadway paving to standard street width as required in Exhibit C -8 of the General Plan Circulation Element. C. Required Improvements; new development requiring an environmental assessment. In addition to the improvements required by this section for development, the following right -of -way improvements must be provided: 1. Alley Lighting. Construct or install on -site alley lighting. 2. Roadway Paving. Construction or extension of roadway paving to standard street width as required in Exhibit C -8 of the General Plan Circulation Element. 3. Traffic Signals and Street Signs. Provide a prorated share of the cost of all roadway signal and street sign modifications attributable or partly attributable to the development. 4. Street Lights. Install or relocate street lights. This may include widening the right -of -way as necessary. 5. Utilities Relocation. Relocate utilities as necessary to provide for the improvements set forth above. D. Standards. All improvements within public rights -of -way must be installed in conformance with the specifications on file with the City Engineer's office. 15- 24A-4: Relief from requirements. The Director may waive requirements of this Chapter if the Director determines that such improvements are unnecessary for a public purpose or that the cost of the improvement is proportionally excessive when 4 compared to the scale of the project or the demand generated by the project subject to the findings set forth below. The determination of the Director may be appealed to the Planning Commission in accordance with Chapter 15 -25 of this Code. A. To waive the need for improvements and dedications otherwise required by this Chapter, the Director must find upon substantial evidence that: 1. The proposed waiver maintains the minimum roadway width necessary for emergency vehicle access as determined by the Fire Chief; 2. The proposed waiver maintains the minimum roadway width and lane widths deemed necessary for safe two- directional vehicular passage. The minimum lane width cannot be less than 10 feet in width for a travel lane and 8 feet in width for a parking lane; 3. The proposed waiver will maintain the necessary roadway width for the traffic volumes projected during the General Plan buildout as determined by the Director of Planning and Building Safety unless the Director determines that the dedication or irrevocable offer to dedicate will require the removal of all or a portion of an existing building; 4. The proposed waiver complies with any requirements of State and Federal regulations, including, without limitation, disabled access requirements for public sidewalks; 5. The proposed waiver would not be detrimental to the neighborhood or district in which the property is located; 6. That the proposed waiver is necessary in order that the applicant is not unreasonably deprived the use or enjoyment of his property; and 7. The proposed waiver is consistent with the legislative intent of this Title. B. Conditions. If the Director grants a waiver, the Director may impose such conditions necessary to safeguard public health, safety, and welfare. In all instances the Director must impose the following conditions: 1. Establish a term during which the irrevocable offer to dedicate 5 is effective. 2. The waiver does not become effective for ten (10) days from when it is granted or, if an appeal is filed, there is a final determination. 3. The waiver becomes null and void if it is unused for one hundred eighty (180) days from its effective date. 15- 24A -5: Notification. A. Copies of the findings and decision of the Director must be mailed to the applicant and all persons within three hundred feet (300') of the proposed project site." SECTION 3: Environmental Review. This Ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA ") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment and establishes rules and procedures to implement an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, this Ordinance does not constitute a "project" that requires environmental review (see specifically 14 CCR § 15378(b)(2, 5)). Even if the Resolution were to qualify as a project, it would be categorically exempt as a Class 1 or Class 5 project since, at best, it would constitute a minor alteration of existing public structures involving no expansion of use, or a minor alteration in land use limitations (see 14 CCR §§ 15301, 15305). The City will conduct environmental review of each individual project affected by this Resolution. SECTION 4: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 5: Repeal or amendment of any provision of the El Segundo Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 6: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this D meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 7: This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. PASSED AND ADOPTED this 1St day of November, 2011. Eric Busch, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 1465 was duly introduced by said City Council at a regular meeting held on the 18th day of October, 2011, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 1 st day of November, 2011, and the same was so passed and adopted by the following vote: AYES: Busch, Fisher, Brann, Fuentes, Jacobson NOES: None ABSENT: None ABSTAIN: None Cindy Mo esen, City Clerk APPR( Mark C 7