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2021-02-25 Planning Commission AgendaPLANNING COMMISSION LEA -f � UN o AGENDA r February 25, 2021 PURSUANT TO EXECUTIVE ORDER N-29-20 ISSUED BY GOVERNOR GAVIN NEWSOM ON MARCH 17, 2020, THE FOLLOWING MEETING WILL TAKE PLACE SOLELY BY TELECONFERENCE / VIDEOCONFERENCE. How Can Members of the Public Observe the Meeting? The meeting may be viewed via Spectrum Channel 3 and 22, AT&T U-verse Channel 99, and/or El Segundo TV at YouTube.com. How Can Members of the Public Participate in the Meeting and/or Provide Public Comments? Join via Zoom from a PC, Mac, Pad, Phone, or Android device, or by phone. Please use this URL https://zoom.us/j/99001193281 ?pwd=LOVDclRleDdq VytpWnk3b 1 EyMGRmQT09 If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. m Join by phone: 1-669-900-9128 US Enter Meeting ID: 990 0119 3281 Passcode: 375440 Your phone number is captured by the zoom software and is subject to the Public Records Act unless you first dial "*67" before dialing the number as shown above to remain anonymous. The time limit for comments is five (5) minutes per person. Before speaking to the Commission, please state: your name and residence or the organization you represent. Please respect the time limits. Members of the public may also provide comments electronically by sending an email to the following address prior to the start of the meeting: plannin elsegundo.org. Please include the meeting date and item numberin the subject line. If you would like to request that your emailed comment be read into the record, please include that request at the top of your email, limit your comments to 150 words or less, and email your comments at least 30 minutes prior to the start of the meeting. Depending on the volume of communications, the emails may be read to Commission at the appropriate time. Please note that all emailed comments are public records subject to disclosure under the Public Records Act. Additional Information: 1 Unless otherwise noted in the agenda, the public can only comment on City -related business that is within the jurisdiction of the Planning Commission and/or items listed on the agenda during the public communications portions of the meeting. Additionally, the public can comment on any public hearing item on the agenda during the public hearing portion of such item. The time limit for comments is five (5) minutes per person. Before speaking to the Planning Commission, please state your name and residence and the organization you represent, if desired. Please respect the time limits. DATE: Thursday, February 25, 2021 TIME: 5:30 p.m. PLACE: Tel econference/Videoconference VIDEO: El Segundo Cable Channel 3 (Live). Replayed Friday following Thursday's meeting at 1:00 pm and 7:00 pm on Channel 3. (Schedule subject to change) All files related to this agenda are available for public review by appointment in the Planning Division office, Monday through Thursday 7:00 am to 5:00 pm and alternating Fridays until 4:00 pm, beginning at 7:00 am on the Monday prior to the Planning Commission meeting. The Planning Commission, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. Unless otherwise noted in the agenda, the public can only comment on City -related business that is within the subject -matter jurisdiction of the Planning Commission and items listed on the Agenda during the public communications portion of the meeting. Additionally, the public can comment on any public hearing item on the Agenda during the public hearing portion of such item. The time limit for comments is generally five minutes per person. Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the Planning and Building Safety Director a minimum of two working days before the meeting and they do not exceed five minutes in length. Written materials distributed to the Planning Commission within 72 hours of the Planning Commission meeting are available for public inspection immediately upon distribution in the City Clerk's office and on the City's website, www.elsegundo.org. In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact City Clerk, (310) 524-2307. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. 2 A. Call to Order B. Pledge of Allegiance C. Roll Call D. Public Communications (Related to City Business only and for which the Planning Commission is responsible-5 minutes per person; 30 minutes total). Individuals who received value of $50 or more to communicate to the Planning Commission on another's behalf, and employees speaking on their employer's behalf, must so identify themselves before addressing the Commission. Failure to do so is a misdemeanor. While all comments are welcome, the Brown Act does not allow the Commission to take action on any item not on the agenda. The Commission may respond to comments after public communications is closed. E. Consent Calendar All items are to be adopted by one motion without discussion. If a request for discussion of an item is made, the items should be considered individually under the next Agenda heading. F. Call items from Consent Calendar — N/A G. Written Communications (other than what is included in Agenda packets) H. New Business — Public Hearing 1. EA 1301 — Zone Text Amendment to Allow Beekeeping on Single -Family Residential (R-1) Zoned Properties. (JA/ES) Project Address: Single -Family Residential (R-1) Zoned Properties. Applicant: Chia -Ming Ro Project Description: A proposed ordinance amending the El Segundo Municipal Code to allow backyard beekeeping on single-family residential (R-1) zoned properties (Environmental Assessment No. EA-1301 and Zone Test Amendment No. ZTA 21-01). Environmental Determination: The proposed zone text amendment is exempt from further review (CEQA Guidelines Section 15061(b)(3)), because it consists only of minor revisions to existing zoning regulations and it can be seen with certainty that there is no possibility that the activity will have a significant effect on the environment. RECOMMENDED ACTION: That the Planning Commission: (1) open the public hearing and take documentary and testimonial evidence; (2) after considering the evidence adopt Resolution No. 2891; and/or (3) discuss and take any other action related to this item. 2. EA-1240 — Zone Text Amendment to update the planning permit review process. (PS) Project Address: Citywide Applicant: City of El Segundo Project Description: A proposed ordinance amending the El Segundo Municipal Code to update the planning permit review processes (Environmental Assessment No. EA-1240 and Zone Test Amendment No. ZTA 18-07). Environmental Determination: The proposed zone text is exempt from review under the California Environmental Quality Act (California Public Resources Code §§21000, et seq., "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations §§15000, et seq., the "State CEQA Guidelines") because it consists only of minor revisions and clarifications to existing zoning regulations and related procedures. RECOMMENDED ACTION: That the Planning Commission: (1) open the public hearing and take documentary and testimonial evidence; (2) after considering the evidence adopt Resolution No. 2863; and/or (3) discuss and take any other action related to this item. Continued Business — Public Hearing J. Report from Director of Development Services or designee K. Other Business L. Report from the City Attorney's office M. Planning Commissioners' Comments N. Adjournment —next meeting scheduled for March 11, 2021, 5:30 pm. POSTED: Ve4ut4Win' Fely'uow.y 19, 2021 (Signature) (Date and time) El CITY OF E L S E GU N D O Planning Commission Agenda Statement Meeting Date: February 25, 2021 Agenda Heading: New Business DESCRIPTION: Zone Text Amendment to allow noncommercial beekeeping on Single -Family Residential Zoned (R-1) Properties. RECOMMENDATION: Adopt Resolution No. 2891, recommending that the City Council approve an Ordinance to allow beekeeping on single-family residential zoned properties. BACKGROUND In July 2020, an El Segundo resident had approached the Environmental Committee with a request to amend City's Municipal Code and allow Residential Beekeeping. The current El Segundo Municipal Code lists the keeping or maintenance of bees for any purpose, along with animals and livestock, as a public nuisance. Moreover, because the City's Zoning Code is a permissive ordinance — meaning that only those uses or facilities are allowed — unless beekeeping is allowed under the Zoning Code, it is prohibited (ESMC § 15-1-3). The resident, along with the Environmental Committee, presented her request to Council during the October 6t", 2020 Council Meeting. Subsequently, Council passed a motion to authorize staff to research considering a Residential Bee Keeping program in the City. DISCUSSION After studying what other cities do and researching options, staff (Public Works and Development Services Departments) recommends the proposed ordinance allowing beekeeping as a permitted accessory use in the City's single-family residential zone, provided the beekeeper and the bee hive meet all State and County laws. No City permit or license will be required for bee keeping. With the exception of City of Torrance, other South Bay cities have a relaxed ordinance or no ordinance at all. It is important to note that the recommended action is a proposed ordinance amending the Zoning Code, to establish policies and rules for future application. In considering such action, the Commission acts in its legislative capacity, and must only find that the proposed Ordinance is consistent with the General Plan and the Zoning Code, as discussed below. ANALYSIS The proposed zone text amendment would allow the keeping of bees on properties as a permitted accessory use in the single-family residential zone, without a discretionary 5 EA-1301 and ZTA 21-01 February 25, 2021 Page 2 of 3 process, provided the beekeeper and the bee hive meet all State and County laws. ESMC Section 15-4A-3 (Permitted Accessory Uses) would be amended to add the following language: "E. Beekeeping, provided such accessory use complies with chapter 5 of title 6 of this code." Consequently, a new chapter in ESMC Title 6 would also provide definitions for Bee and Bee Hive; and would also contain general requirements for the keeping of bees. These requirements include limiting the number of hives to three; bee hives may only be maintained in the rear yard; and, the bee keeper must comply with all State and County of Los Angeles laws, including, but not limited to, registration of both the beekeeper and the apiary. Consistency with the El Segundo General Plan ESMC § 15-1-1 (Purpose, Title) states that Title 15 is the primary tool for implementation of the goals, objectives, and policies of the El Segundo General Plan. Accordingly, the Planning Commission must find that the proposed Zone Text Amendment is consistent with those goals, objectives, and policies. As required under Government Code Section 65860, the ESMC amendments proposed by the Ordinance are consistent with the El Segundo General Plan and the Ordinance is not anticipated to adversely impact the General Plan goals, objectives, and policies. As such, Staff believes the necessary findings can be made to recommend City Council approval of the proposed amendment. The findings are discussed in the proposed resolution. Consistency with the El Segundo Municipal Code Pursuant to ESMC Title 15, Chapter 26 (Amendments), to recommend City Council approval of the proposed amendments, the Planning Commission must find the amendments are necessary to carry out the general purpose of ESMC Title 15. The purpose of this Title (ESMC § 15-1-1) is to serve the public health, safety, and general welfare and to provide economic and social advantages resulting from an orderly planned use of land resources. Staff believes the necessary findings can be made to recommend City Council approval of the proposed amendment. The findings are discussed in the proposed resolution. 4►1V/I:Z•]kiILT, 1=1►INIF_1NVWAIAViV Pursuant to the provisions of the California Environmental Quality Act, the proposed zone text amendment is exempt from further review (CEQA Section 15061), because it consists only of minor revisions to existing zoning regulations and related procedures and does not have the potential for causing a significant effect on the environment. As such, no further environmental analysis is required. Al EA-1301 and ZTA 21-01 February 25, 2021 Page 3 of 3 PREPARED BY: Jasmine Allen, Senior Management Anal y t REVIEWED BY: Elias Sassoon, Director of Public Works REVIEWED BY: Eduardo Schonborn, AICP, Principal Planne APPROVED BY: Sam Lee, Director of Development Services ATTACHED SUPPORTING DOCUMENTS: Planning Commission Resolution No. 2891 Exhibit A — Draft Ordinance 7 RESOLUTION NO. 2891 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING TITLES 6, 7, AND 15 OF THE EL SEGUNDO MUNICIPAL CODE TO ALLOW BEEKEEPING ON SINGLE-FAMILY RESIDENTIAL ZONED PROPERTIES. (Environmental Assessment No. 1301 and Zone Text Amendment No. 21-01) The Planning Commission of the City of El Segundo does resolve as follows: SECTION 1. The City Council finds and determines as follows: A. Currently, noncommercial beekeeping is not expressly allowed in the City of El Segundo; B. The City Council desires to amend the City's Code to allow noncommercial, backyard beekeeping on single-family residential zoned properties, subject to certain requirements. SECTION 2: General Plan Findings. As required under Government Code Section 65860, the ESMC amendments proposed by the Ordinance are consistent with the El Segundo General Plan and the Ordinance is not anticipated to adversely impact the General Plan goals, objectives and policies. SECTION 3: Zone Text Amendment Findings. In accordance with ESMC Chapter 15-26 and based on the findings set forth in Section 2, the proposed zone text amendment is consistent with and necessary to carry out the general purpose of ESMC Tile 15 as follows: A. It 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; and B. It is necessary to facilitate the development process and ensure the orderly location of uses within the City. SECTION 5: Environmental Assessment. Based on the facts set forth in Section 2, the Planning Commission finds that the zone text amendment is exempt from further review under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines § 15061(b)(3)), because it consists only of minor revisions to existing zoning regulations and related procedures and does not have the potential for causing a significant effect on the environment. Page 1 SECTION 6: Recommendation. The Planning Commission recommends that the City Council adopt the ordinance set forth in attached Exhibit A, which is incorporated into this resolution by reference. SECTION 7: Reliance on Record. Each and every one of the findings and determination in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the Planning Commission in all respects; and SECTION 8: Limitations. The Planning Commission's analysis and evaluation of the project is based on information available at the time of the decision. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. In all instances, best efforts have been made to form accurate assumptions. SECTION 9: The Commission secretary is directed to mail a copy of this Resolution to any person requesting a copy. SECTION 10: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. PASSED, APPROVED AND ADOPTED this 25t" day of February, 2021. Ryan Baldino, Chairperson City of El Segundo Planning Commission ATTEST: Sam Lee, Secretary APPROVED AS TO FORM: Mark D. Hensley, City Attorney Baldino - Newman - Hoeschler - Keldorf - David King, Assistant City Attorney Page 2 01 EXHIBIT "A" DRAFT ORDINANCE NO. AN ORDINANCE AMENDING TITLES 6, 7 AND 15 OF THE EL SEGUNDO MUNICIPAL CODE TO ALLOW NONCOMMERIAL, BACKYARD BEEKEEPING ON SINGLE-FAMILY RESIDENTIAL ZONED PROPERTIES. The City Council of the City of El Segundo does ordain as follows: SECTION 1. The City Council finds and determines as follows: C. Currently, noncommercial beekeeping is not expressly allowed in the City of El Segundo; D. The City Council desires to amend the City's Code to allow noncommercial, backyard beekeeping on single-family residential zoned properties, subject to certain requirements. SECTION 2: General Plan Findings. As required under Government Code Section 65860, the ESMC amendments proposed by the Ordinance are consistent with the El Segundo General Plan and the Ordinance is not anticipated to adversely impact the General Plan goals, objectives and policies. SECTION 3: Zone Text Amendment Findings. In accordance with ESMC Chapter 15-26 and based on the findings set forth in Section 2, the proposed zone text amendment is consistent with and necessary to carry out the general purpose of ESMC Tile 15 as follows: A. It 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; and B. It is necessary to facilitate the development process and ensure the orderly location of uses within the City. SECTION 4: Environmental Review. Pursuant to the authority and criteria of the California Environmental Quality Act (CEQA), it has been determined that the proposed ordinance does not have the potential to cause significant effects to the environment and, therefore, the project is exempt from CEQA pursuant to 14 Cal. Code Regs. § 15061(b)(3). This proposed ordinance would not result in any development or changes to the physical environment. SECTION 5. El Segundo Municipal Code ("ESMC") § 7-1-4 is amended as follows: Page 3 01 7-1-4: NUISANCES; DESIGNATED: It is unlawful and it is declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any property within the city to maintain such property in such a manner that any of the conditions listed below are found to exist. This section is not the exclusive definition or designation of what constitutes a nuisance within this city. It supplements and is in addition to other regulatory codes, statutes, and ordinances enacted by the city, state, or any other legal entity or agency having jurisdiction. Designated public nuisances include the following: A. A violation of any provision of applicable law including, without limitation, the El Segundo municipal code; B. Any land, the topography, geology, or configuration of which, whether in a natural state or as a result of grading operations, excavations, fill, or other alteration, interferes with the established drainage pattern over the property or from adjoining or other properties which does or may result in erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious to public health, safety and welfare or to neighboring properties; C. Any building or structure which is partially destroyed, damaged, abandoned, boarded up, dilapidated, or permitted to remain in a state of partial construction; D. The failure to secure and maintain against public access all doorways, windows, and other openings into vacant or abandoned buildings or structures; E. Painted buildings and walls, retaining walls, fences or structures that require repainting, or buildings, walls, fences, or structures upon which the condition of the paint has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping or termite infestation; F. Any premises, building or structure, wall, fence, pavement, or walkway which is painted in a garish manner or is out of harmony or conformity with the standards of adjacent properties; G. Any building or structure, wall, fence, pavement, or walkway upon which any graffiti, including paint, ink, chalk, dye, or other similar marking substances, is allowed to remain for more than twenty four (24) consecutive hours; Page 4 11 H. Any wall, fence, gate, or hedge that is damaged, broken, or a hazard or is maintained in violation of this code; I. Broken windows; J. Any overgrown, dead, decayed, diseased or hazardous tree, weeds, vegetation, or debris, which: 1. May harbor rats, vermin, or other disease carriers; 2. Is maintained so as to cause an obstruction to the vision of motorists or a hazardous condition to pedestrians or vehicle traffic; 3. Creates a danger or attractive nuisance to the public; 4. Detrimentally affects neighboring properties or property values; or 5. Constitutes a fire hazard; K. Building exteriors, roofs, landscaping, grounds, walls, retaining and crib walls, fences, driveways, parking lots, planters, sidewalks, or walkways which are maintained in such condition so as to become defective, unsightly, cracked or no longer viable; L. The accumulation of dirt, litter, trash, junk, feces, or debris in doorways, adjoining sidewalks, walkways, courtyards, patios, parking lots, planters, landscaped or other areas; M. Any premises upon which there is or is permitted to be, 1. Lumber, building materials, rubble, broken asphalt or concrete, containers, or other similar materials, except where construction is occurring under a valid permit; 2. Junk, solid waste, vegetation, salvage materials, scrap metals, hazardous waste, broken or neglected machinery, dirt or fill material deposited or stored contrary to any law, automobile parts, except within a commercial business lawfully engaged in retail sales; 3. Sinks, fixtures or equipment, appliances or furniture, except lawn furniture in residential yards and new or used furniture lawfully stored or displayed in connection with a valid business engaged in the sale or purchase of the same; 4. Inoperative vehicles, except where permitted by the zoning code; 5. Deteriorated driveways and parking lots, including those containing potholes, or cracks; 6. Abandoned, broken, unused, neglected or unprotected equipment and machinery, ponds, reservoirs and pools, whether or not the same contains any water or liquid, excavations, abandoned wells, shafts, basements, foundations, or other holes, abandoned refrigerators or other appliances, abandoned motor vehicles, any unsound structure, skateboard ramps, or accumulated lumber, solid waste, junk, or vegetation which may reasonably attract children to such abandoned or neglected conditions; Page 5 12 7. Temporary service bins or construction debris storage bins stored on a public street or on private property, except where permitted by this code; 8. Any garbage can, solid waste container, solid waste, packing box or junk placed or maintained so as to be visible from neighboring properties or the public right of way, except for those times scheduled for collection, in accordance with this code; 9. Any property with accumulations of grease, oil, or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fences, or from which any such material flows or seeps onto any public street or other public or private property, or which is likely to seep or migrate into the underground water table; 10. Any front yard, parkway, or landscaped setback area which lacks turf, other planted material, decorative rock, bark, or planted ground cover or covering, so as to cause excessive dust or allow the accumulation of debris; 11. Any condition of vegetation overgrowth which encroaches into, over, or upon any public right of way including, without limitation, streets, alleys, or sidewalks, so as to constitute either a danger to the public safety or property or any impediment to public travel; 12. Animals, livestock, poultry, or bees kept, bred, or maintained for any purpose and in violation of this code; 13. The keeping of bees in violation of State or County of Los Angeles law; or colonies of bees exhibiting defensive or objectionable behavior or interfering with the normal use of neighboring properties; 14. Any property, or any building or structure thereon, maintained in such condition so that it is defective, unsightly or in such condition of deterioration or disrepair that it causes or will cause an ascertainable diminution of the property values of surrounding properties or be otherwise materially detrimental to adjacent and nearby properties and improvements; 44 15. Any building or portion thereof maintained in a manner which constitutes a substandard building pursuant to Health and Safety Code section 17920.3. SECTION 6. Section 6-2-2 of the ESMC is amended to add the following definitions in proper alphabetical order: "Bee" means any stage of the common domestic honey bee, Apis Mellifera species. "Bee hive" means an enclosure or structure used for the housing of a Bee colony. SECTION 7. Title 6 of the ESMC is amended to add a new chapter as follows: Page 6 13 "Chapter 5. Beekeeping. Section 6-5-1. General Requirements. A. Bee hives may only be maintained in the rear yard on a single-family residential property. For purposes of this Chapter, the term "rear yard" has the same meaning as defined in Section 15-1-6 of this Code. B. A maximum of three bee hives may be maintained for noncommercial purposes. C. Any person intending to place and maintain any bee hive on a single- family residential property within the City must comply with all State and County of Los Angeles laws, including, but not limited to, registration of both the beekeeper and the apiary." SECTION 8. Section 15-4A-3 of the ESMC is amended as follows: 15-4A-3: PERMITTED ACCESSORY USES: A. Any use customarily incidental to a permitted use. B. Accessory dwelling unit, pursuant to article E, "Accessory Dwelling Units," of this chapter. C. Detached accessory buildings and structures, including private garages. D. Play structures. E. Beekeeping, provided such accessory use complies with chapter 5 of title 6 of this code. €F. Other similar uses approved by the Director, as provided by chapter 22 of this title. SECTION 9. Validity of Previous Code Sections. If the entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other regulation by this Ordinance will be rendered void and cause such ESMC provision or other regulation to remain in full force and effect for all purposes. SECTION 10. Enforceability. Repeal or amendment of any previous Code Sections 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 Page 7 effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. 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 will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Ordinance are severable. SECTION 12. The City Clerk, or her duly appointed deputy, 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 13. Effective Date. This Ordinance will become effective on the 31 st day following its passage and adoption. PASSED AND ADOPTED this day of 2021. Drew Boyles, Mayor STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO I, Tracy Weaver, 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. was duly introduced by said City Council at a regular meeting held on the day of , 2021, 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 day of 2021, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tracy Weaver, City Clerk AME 15 APPROVED AS TO FORM: Mark D. Hensley, City Attorney Page 9 00