ORDINANCE 1574 ORDINANCE NO. 1574
AN ORDINANCE APPROVING ENVIRONMENTAL ASSESSMENT NO.
EA-1198 AND AMENDING TITLE 15 OF THE EL SEGUNDO MUNICIPAL
CODE TO ESTABLISH A PARKING IN-LIEU FEE PROGRAM FOR THE
SMOKY HOLLOW SPECIFIC PLAN AREA
(Zone Text Amendment ZTA 17-06)
The City Council of the city of EI Segundo does ordain as follows:
SECTION 1: The Council finds and declares as follows:
A. Under the California Constitution, the City of EI Segundo has broad
authority, under its general police power, to regulate the development and
use of real property within its jurisdiction to promote the public welfare (Cal.
Const. art. XI, § 7);
B. As part of its police power, the City may adopt development fees of general
applicability, provided that the fee bears a reasonable relationship to the
impacts of the development project (Cal. Building Industry Assoc. v. City of
San Jose (2015) 61 CalAth 453; Gov. Code § 66001);
C. On July 13, 2017, the City initiated the process to amend the EI Segundo
Municipal Code (ESMC) to create a parking in-lieu fee program for the
Smoky Hollow Specific Plan area. The program's intent is to allow the
payment of a fee as an alternative method of meeting the City's parking
requirements for private development, to encourage such development
within the plan area;
D. The City reviewed the project's environmental impacts under the California
Environmental Quality Act (Public Resources Code §§ 21000, et seq.,
"CEQA"), and the regulations promulgated thereunder (14 Cal. Code of
Regulations §§15000, et seq., the "CEQA Guidelines");
E. On June 14, 2018, the Planning Commission held a public hearing to
receive public testimony and other evidence regarding the application
including information provided to the Planning Commission by city staff;
and, continued the public hearing to its June 28, 2018 meeting;
F. On June 28, 2018, the Planning Commission completed the public hearing
regarding the application and adopted Resolution No. 2827 recommending
that the City Council approve the proposed project;
G. On August 21 and September 18, 2018, the City Council held a public
hearing and considered the information provided by City staff and public
testimony regarding this ordinance; and
H, This ordinance and its findings are made based upon the entire
administrative record including testimony and evidence presented to the
City Council at its August 21 and September, 2018, hearing and the staff
report.
SECTION 2: General Plan Findings. As required under Government Code Section
65860, the ESMC amendments in this ordinance are consistent with the EI Segundo
General Plan as follows:
A, This ordinance is consistent with Objective LU1-3 of the General Plan Land
Use Element in that it permits the continued operation and orderly
conversion of existing uses, by providing an alternative method of meeting
the City's parking requirements.
B. This ordinance is consistent with Objective LU4-3 of the General Plan in
that it facilitates development of new office and research and development
(R&D) uses. The ordinance does so by allowing the conversion of older
warehouses to office and R&D uses without having to provide additional
parking spaces onsite.
C. This ordinance is consistent with Goal LU7 to provide the highest quality
public facilities, service, and public infrastructure possible to the community.
The parking in-lieu fee program will provide funding for public parking for
the Smoky Hollow area of the City.
D. This ordinance is consistent with Goal ED2 of the Economic Development
Element to provide a supportive and economically profitable environment
as the foundation of a strong local business community. This ordinance
does so by investing in shared parking infrastructure which encourages
commercial and industrial development.
E. This ordinance is consistent with Objective C3-2 of the Circulation Element
in that it considers the impacts of land use decisions on the City's parking
situation. The parking in-lieu fee program will help ensure adequate shared
parking is provided for new development in the Smoky Hollow Specific Plan
area. This ordinance takes into consideration the anticipated amount of
new development in the draft Smoky Hollow Specific Plan, which is
approximately 517,000 square feet. This ordinance also takes into account
and will help address the shortage of parking in the Specific Plan area
currently, which is estimated to be approximately 2,200 spaces.
F. Considering all of its aspects, this ordinance furthers the objectives and
policies of the general plan and will not obstruct their attainment.
SECTION 3: Zone Text Amendment Findings. In accordance with ESMC Chapter 15-26
(Amendments), this ordinance is consistent with and necessary to carry out the purpose
of the ESMC as follows:
ORDINANCE No. 1574
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A, This ordinance is consistent with the purpose of the ESMC, which is to serve
the public health, safety, and general welfare and to provide the economic
and social advantages resulting from an orderly planned use of land
resources.
B. This ordinance is necessary to facilitate the development process and
ensure the orderly development of buildings and the location of uses in the
City. The intent of this ordinance is to establish a parking in-lieu fee program
allowing the payment of a fee in order for new development to meet the
City's off-street parking requirements, and to develop shared public parking
facilities to meet the parking demand for private development. This program
will facilitate and expedite the development process and provide economic
and social benefits resulting from the orderly planned use of land resources.
SECTION 4: Environmental Assessment. The zone text amendment and proposed fee
is exempt from further environmental review under the California Environmental Quality
Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA Guidelines
(14 California Code of Regulations §§ 15000, et seq.) because it is for general policies
and procedure-making. It does not authorize any new development entitlements, but
simply establishes policies and procedures for allowing the previously approved project
to be constructed. Any proposed project that will utilize the changes set forth in this
Resolution will be subject to CEQA review as part of the entitlement review of the project.
The zone text amendment and fee will not adversely impact the environment and is
therefore exempt from the provisions of CEQA.
SECTION 5: ESMC Section 15-15-6 (Required Parking Spaces), Subsection D (Parking
of Licensed Recreation Vehicles and Habitable Vehicles) is deleted and replaced as
follows:
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D. Parking in-lieu fees.
Notwithstandinq any Provision of this Code to the contrary, the City
Council may designate certain areas within the City where, in lieu of
providing the number of on-site narking soaces required by_Lhis
ORDINANCE No. 1574
Page 3 of 8
chapter or applicable specific plan, such requirement may be
satisfied by pavinq a parking in-lieu fee in an amount set by City
Council resolution, Desiqnated parkinq in-lieu fee areas and the,
,process for payment of parkins in-lieu fees are described in Chapter
15-27B of this code.
SECTION 6: ESMC Chapter 15-15 is amended to add a new section (Section 15-15-8,
Parking of Licensed Recreation Vehicles and Habitable Vehicles) as follows:
15-15-8 Parkinq of Licensed Recreational Vehicles and Habitable,
Vehicles:
1. Parkina of anv mobile home, camper, house trailer or other
habitable vehicle outside of an authorized mobile home park or
licensed recreational vehicle parkinq facility is prohibited except
that such vehicles may be parked on anv public property or right
of way subiect to anv applicable parkinq restrictions of this code,
or on anv developed residential lot as Iona as the vehicle, ifap rked
in a front yard, is parked on a nonporous surface pad adequate to
accommodate the parked vehicle.
2. A habitable vehicle parked on private property may be occuoied
for residential purposes for no lonqer than 72 hours (outside of an
authorized mobile home park) within anv 86 day period. No
habitable vehicle may be occupied for commercial purposes,
except as otherwise provided by this code.
SECTION 7: A new ESMC Chapter 15-29 is added to read as follows:
CHAPTER 29
PARKING IN-LIEU FEES
15-29-1: PURPOSE
This chapter establishes fees in lieu of orovidinq on-site parkinq„
spaces within desianated parkinq in-lieu fee areas.
15-29-2: PARKING IN-LIEU FEE AREAS.
Anv property owner of a propertv located within the area enclosed by,
a bold dashed line on the parkinq in-lieu fee area map may pav
parkinq in-lieu fees as established by the Citv Council, in lieu of
providina required on-site parkinq spaces as outlined in Section 15-
15-6 of this code or applicable Specific Plans.
Parkina in-lieu fee area
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Parking In-Lieu Fee Area
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15-29-3: PAYMENT.
A, Timlina of pavment.
The parking in-lieu fee must be paid before the Citv issues a
Certificate of Occuoancv for the proiect or formallyapproves the
proiect when such proiect does not require a Certificate of
Occupancv, In addition, the parking in-lieu fee may be paid over a
period of time, as approved by City Council resolution,
B. Use of funds.
Funds collected by the Citv from such pavments must be deposited
in a separate fund and may not be commingled with any other City
fund, Monies from the in-lieu fund may only be used for acauirinq,,
developing and maintaining additional on-street and off-street
aarkilna and parkinq facilities within or adiacent to the area where
they are collected. Funds paid to the Citv for in-lieuap rking are non-
refundable.
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C. Written agreement/contract required.
Notwithstandinq anv other Provision of this Chapter, payment of the
parkinq in-lieu fee must be provided by means of a written contract
with the Citv. The contract must meet requirements identified by Citv
Council resolution and approved as to form by the Citv Attornev.
15-294 NO VESTED RIGHTS,
Pavnnent of a parkinq in-lieu fee does not provide orr vest any
Prooertv owner with a special right, privilege or interest of any kind in
gnv parkin facility that may result from the r)avment of the fee. The
Citv retains sole discretion to decide when and how the fees will be
spent in accordance with this chapter. The Citv retains sole discretion'
to determine where and when it will build parkinq, and the Citv is
under no obliqation to, and makes no such representation that it will.
build parkinq in a location near the fee Paver's prooertv or that is
advantageous to the fee Paver.
15-2713-5 DIRECTOR APPROVAL REQUIRED.
Requests to Pav parkinq in-lieu fees for more than 50% of the
required parkinq spaces for a property or p-Loiect as outlined in
Section 15-15-6 of this code or applicable Specific Plans must be
approved by the Director at his or her discretion, The Director must
consider Potential impacts to the surroundinq area when deciding"
whether to approve such a request. The Director's decision may be
qppealed to the Planning Commission pursuant to Section 15-25-2'
of this Code.
SECTION 8- CONSTRUCTION. This Ordinance must be broadly construed in order to
achieve the purposes stated in this Ordinance. It is the City Council's intent that the
provisions of this Ordinance be interpreted or implemented by the City and others in a
manner that facilitates the purposes set forth in this Ordinance.
SECTION 9: ENFORCEABILITY. Repeal of any provision of the ESMC 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 10: VALIDITY OF PREVIOUS CODE SECTIONS. If this entire
Ordinance or its application is deemed invalid by a court of competent jurisdiction, any
repeal or amendment of the SSMC or other city ordinance by this Ordinance will be
rendered void and cause such previous SSMC provision or other the city ordinance to
remain in full force and effect for all purposes.
SECTION 11: SEVERABILITY. 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
ORDINANCE No. 1574
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will not affect the effectiveness of the remaining provisions or applications and, to this
end, the provisions of this Ordinance are severable.
SECTION 12: The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of EI Segundo's book of original
ordinances; make a note of the passage and adoption in the records of this meeting; and,
within 15 days after the passage and adoption of this Ordinance, cause a summary
thereof to be published or posted in accordance with California law.
SECTION 13: This Ordinance will go into effect and be in full force and effect on the
thirty-first day after its passage and adoption.
PASSED, APPROVED, AND ADOPTED ORDINANCE No. 1574 this 2nd day of October,
2018.
Drew 130�Mayor
ATTEST:
Tracy Weav , City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, Ci orney
ORDINANCE No. 1574
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of EI 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. 1574 was duly introduced by said City Council at a regular meeting held
on the 18th day of September, 2018, 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 2nd day of October, 2018, and the same was
so passed and adopted by the following vote:
AYES: Mayor Boyles, Mayor Pro Tem Pirsztuk, Council Member Brann,
Council Member Pimentel, Council Member Nicol
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of October,
2018.
Tr y Weaver, City Clerk
of e City of EI Segundo,
California
ORDINANCE No. 1574
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