ORDINANCE 1629ORDINANCE NO. 1629
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE TITLE
15 (ZONING REGULATIONS) TO REORGANIZE CHAPTERS AND
STREAMLINE THE REVIEW AND APPROVAL PROCESSES FOR
DISCRETIONARY APPLICATIONS.
(ZONE TEXT AMENDMENT NO. 18-07)
The City Council of the city of El Segundo does ordain as follows:
SECTION 1: The Council finds and declares as follows.
A. On December 18, 2018, the City initiated the process to amend El Segundo
Municipal Code (ESMC) Title 15 (Zoning Regulations) to reorganize
chapters and streamline the review and approval processes for
discretionary applications;
B. The City reviewed the project's environmental impacts under the California
Environmental Quality Act (Public Resources Code §§ 21000, et seq.,
"CEQA"), the regulations promulgated thereunder (14 Cal. Code of
Regulations §§15000, et seq., the "CEQA Guidelines");
C. On March 25, 2021, the Planning Commission held a public hearing to
receive public testimony and other evidence regarding the application
including information provided by city staff; and, adopted Resolution No.
2863 recommending that the City Council approve the proposed
amendments;
D. On October 19, 2021, City Council held a public hearing and considered the
information provided by City staff and public testimony regarding this
Ordinance; and
E. This Ordinance and its findings are made based upon the entire
administrative record including testimony and evidence presented to the
City Council at its October 19, 2021 hearing and the staff report submitted
by the Development Services Department.
SECTION 2: Factual Findings and Conclusions. The City Council finds that implementing
this ordinance will result in the following amendments to the ESMC:
A. Sections 3(H), 3(J), 5, 6, and 7 of Chapter 15-15 regarding Off Street
Parking and Loading are amended to establish new processes for various
parking -related application requests;
B. Section 15-18-5(B) regarding sign regulations is amended to update
references to other ESMC chapters;
ORDINANCE No. 1629
Page 1 of 57
C. Chapters 15-12, 15-23, 15-24A, 15-27A, 15-28, 15-29, and 15-30 are
renumbered without modification to the text;
D. Chapters 15-22, 15-24, 15-25, 15-26, and 15-27 regarding administrative
determinations, administrative use permits, adjustments, appeals,
amendments and public hearings are reorganized and application approval
processes amended;
SECTION 3: 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 in that the proposed ordinance establishes new, and streamlines existing,
processes for the review and approval of ministerial and discretionary planning permits.
As such, the Ordinance is consistent with the General Plan goals, objectives and policies.
SECTION 4: Zone Text Amendment Findings. In accordance with ESMC Chapter 15-26
(Amendments), and based on the findings set forth in Section 2, the proposed ordinance
is consistent with and necessary to carry out the purpose of the ESMC as follows:
A. The 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. The ordinance is necessary to facilitate the development process and
ensure the orderly development of buildings, parking areas, landscaping,
and the location of uses in the City. The intent of the ordinance is to
establish new, and streamline existing, processes for the review and
approval of ministerial and discretionary planning permits, which will
facilitate and expedite the development process and provide economic and
social benefits resulting from the orderly planned use of land resources.
SECTION 5: Environmental Assessment. Pursuant to the provisions of the California
Environmental Quality Act, Public Resources Code Sections 21000, et seq. ("CEQA"),
and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000,
et seq., the "State CEQA Guidelines"), the proposed ordinance is exempt from further
review, because it consists only of minor revisions and clarifications to existing zoning
regulations and related procedures. It does not have the effect of deleting or substantially
changing any regulatory standards or findings required thereof. The proposed Ordinance
is an action that does not have the potential to cause significant effects on the
environment. In addition, any environmental impacts associated with this ordinance are
adequately addressed in the General Plan FEIR. Accordingly, this ordinance is consistent
with the General Plan FEIR and is exempt from further environmental review
requirements under the California Environmental Quality Act. Furthermore, this ordinance
constitutes a component of the El Segundo Municipal Code which the Planning
Commission determined to be consistent with the FEIR for the City of El Segundo General
Plan adopted on December 1, 1992. Accordingly, no further environmental review is
required pursuant to 14 Cal. Code Regs. §15168(c)(2).
ORDINANCE No. 1629
Page 2 of 57
SECTION 6: ESMC Section 15-5G-10 regarding the C-4 (Commercial Center) zone
Site Plan Review process is deleted.
SECTION 7: ESMC Chapter 15-12 regarding Coastal Zone Development Permits is
deleted.
SECTION 8: ESMC Sections 2-7, 9, and 11 of Chapter 15-14 regarding Historic
Preservation are amended as follows:
Chapter 14
HISTORIC PRESERVATION
15-14-1:
PURPOSE
15-14-2:
AUTHORITY OF PLANNING COMMISSION
O
15-14-43:
DESIGNATION OF CULTURAL RESOURCES
15-14-64:
LIST OF DESIGNATED CULTURAL RESOURCES
15-14-65:
DESIGNATED CULTURAL RESOURCES; CERTIFICATE OF
APPROPRIATENESS
15-14-76:
P OCEDURE TERIA!, AUTHORITY TO GRANT
CERTIFICATE OF APPROPRIATENESS
15-14-7:
CERTIFICATE OF APPROPRIATENESS CRITERIA AND
CRITERIA EXEMPTIONS
15-14-8:
DUTY TO KEEP IN GOOD REPAIR
15-14-9:
ORDINARY MAINTENANCE AND REPAIR
15-14-10:
EMERGENCY WORK ON DESIGNATED CULTURAL
RESOURCES:
15-14-11:
ENFORCEMENT AND PENALTIES
15-14-2: AUTHORITY OF PLANNING COMMISSION:
A. The Planning Commission shall have the power and authority to perform
all of the duties enumerated and provided in this Chapter and shall act in
accordance with its established rules and bylaws.
B" For the purposes of this Chapter, the Director -of G^ unity
and.� � . -� "° , or the Director's designee, shall serve
as administrative staff and as secretary to the Commission. The seUetan,
a% atl I eep a -of earh Fneeting, 4akl
p lwW"i aTaotapd4esolution
of the , a' "
C. The Commission shall have the following powers and duties:
To maintain a local register of cultural resources and historic sites.
ORDINANCE No. 1629
Page 3 of 57
2. To recommend removal of a designated cultural resource.
3. To review and comment upon the conduct of land use, housing,
Mmunicipal improvements, and other types of planning and programs
undertaken by any agency of the City, the County, or the State as they
relate to the cultural resources and historical sites efWithin the City.
4. To report to the City Council on the use of various Federal, State, local, or
private funding sources and mechanisms available to promote
preservation of cultural resources and historical sites in the City.
5. To review applications for alteration, construction, demolition, relocation,
and restoration of proposed or designated cultural resources and approve
or deny certificates of appropriateness for such actions pursuant to
Sections 15-14-85 through 15-14-7' of this Chapter.
6, To cooperate with local, County, State and Federal governments and
private organizations in the pursuit of the objectives of historic
preservation within the City.
7, To ensure that designation of a building or structure as a designated
cultural resource shall not infringe upon the rights of private owners to
make any and all reasonable uses of such designated cultural resource
which are not inconsistent with the purposes of this Chapter.
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15-14-43: DESIGNATION OF CULTURAL RESOURCES:
A. Procedures: Requests for designation of a cultural resource are voluntary
and may be made by or with the written consent of the property owner, by
filing an application with the Development Services Department of
nits C reiDevelopment SeMees. The designation of a
cultural resource is strictly voluntary, not mandatory.
The Commission shall hold a oeticed-public hearing on the matter as set
forth in Chapter 15-2wethe-complete
ORDINANCE No. 1629
Page 4 of 57
r. .. i
- ftii.-1
2. Within t ' W-a e ,After receiving the recommendation of the
Commission, the City Council shall hold a netiEed-public hearing as set
forth in Chapter 15-28 and approve or deny the recommendation.
3. Any hearing may be continued for any reason by the consent of the City
and the property owner. If the property owner does not consent, there may
be no more than one continuance for a period not to exceed thhi ty one-(31)
days if the additional time is needed to conduct further study of the cultural
resource. If an EIR or negative declaration is required, the time limits set
forth in California Public Resources Code section 21151.5 shall apply.
4. The City Council shall declare designated cultural resources by resolution,
which shall contain a statement as to why the cultural resource is so
designated. Any such resolution shall include a legal description of the
property involved, including lot and block number and the name of the
property owner. The resolution shall be duly recorded by the City Clerk in
the County Recorder's office.
B. Criteria: A cultural resource may be declared a designated cultural
resource if it meets the following criteria:
Must be at least fifty-{50) years old; and
Z It is associated with persons or events significant in local, State, or
national history; or
3. It reflects or exemplifies a particular period of national, State, or local
history; or
4. It embodies the distinctive characteristics of a type, style, period of
architecture, or method of construction.
C. Temporary Stay On Permits Pending Designation: No construction,
alteration, demolition, relocation, or restoration shall be allowed and no
other entitlement permits shall be issued with regard to any proposed
designated cultural resource from the time an application for designation is
made until the City Council has made a final decision to either approve or
deny the request for designation.
ORDINANCE No. 1629
Page 5 of 57
D. Removal Of Designation: A cultural resource designation may be removed
subject to the same procedures set forth above.
15-14-64: LIST OF DESIGNATED CULTURAL RESOURCES:
The Depa#m
Se4wices, shall maintain a designated
cultural resources list which shall include the following information:
A. A legal description of each designated cultural resource, the names and
addresses of all owners of designated cultural resources, and assessor's
parcel numbers of designated cultural resources.
B, A legal description of the property included in any historic district, including
the special historical, aesthetic, cultural, architectural, or engineering
interests or value of the District.
C. Sketches, photographs or drawings of structures of all designated cultural
resources and other significant buildings or historical sites.
D. A statement of the condition of designated cultural resources and other
significant buildings or historical sites.
E. An explanation of any known threats to any designated cultural resource
and other significant buildings or historic sites.
15-14-65: DESIGNATED CULTURAL RESOURCES; CERTIFICATE OF
APPROPRIATENESS:
A. A certificate of appropriateness issuedye GernmissiG , F
GounGil n- e; shall be required before the following actions affecting
a designated cultural resource may be undertaken: construction,
alteration, restoration, relocation, and demolition.
& No building permit for any work on a designated cultural resource shall be
issued until a certificate of appropriateness is issued in the manner
provided for in this Chapter.
C. A certificate of appropriateness is not required for any ordinary repair and
maintenance as described in Section 15-14-9 of this Chapter.
15-14-76: I�R E GRI IA- AUTHORITY TO GRANT
CERTIFICATE OF APPROPRIATENESS:
The Planning Commission may rant a certificate of appropriateness,
subject to the process set forth in Chapter 28 of this title.
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ORDINANCE No. 1629
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The proposed alteration, construction or restoration will not adversely
affect exterior architectural features of the building or structure specified in
the designation; and
2. The proposed alteration, construction or restoration will not adversely
affect the special character; special historical, architectural or aesthetic
interest; nor the relationship and congruity between the subject structure
or feature and its neighboring structures and surroundings, as specified in
the designation.
GB. GFFteFia; Demolition: A certificate of appropriateness for the demolition of a
designated cultural resource shall not be issued unless the Commission or
City Council, on appeal, find one or more of the following conditions exist:
The structure or building is a hazard to public health or safety; or
2. The site on which the designated cultural resource is located is required
for a public use which will be of more benefit to the public than its use as a
cultural resource and there is no practical alternative location for the public
use; or
3. Denial of the proposed application will result in unreasonable economic
hardship to the owner; it is not feasible to preserve or restore the
designated cultural resource; and the property owner will be denied the
reasonable beneficial use of the property if the application is denied.
BC. Criteria; Relocation: A certificate of appropriateness for the relocation of a
designated cultural resource shall not be issued unless the Commission or
City Council, on appeal, finds that:
One or more of the conditions set forth in subsection GB of this Section
exist;
2. The relocation will not destroy the historic, cultural or architectural value of
the designated cultural resource; and
3. The relocation is part of a definitive series of actions which will assure the
preservation of the designated cultural resource.
€D. Exemption for Unreasonable Economic Hardship: A property owner may
request an exemption from the provisions of this Chapter on the grounds
of unreasonable economic hardship for any alteration, construction,
restoration, demolition or relocation of a designated cultural resource.
A property owner requesting an exemption on the grounds of
unreasonable economic hardship shall provide the following information;
including, but not limited to:
ORDINANCE No. 1629
Page 8 of 57
1. Ownership and operation of the property, mortgage and financing
information, market value, structural integrity, rehabilitation costs,
assessed value, real estate taxes, debt service, and potential adaptive re-
use.
2. For income -producing property: a) annual gross income from the property
for the previous two (2} years; b) itemized operating and maintenance
expenses for the previous two (24 years; and c) annual cash flow, if any,
for the previous two R4 years.
1 For low-income owners: a statement of present household income and
number of persons in the household. "Low-income" households shall be
defined as meeting the income level established by the U.S. Department
of Housing and Urban Development.
4. The staff may require that a property owner furnish additional information
which would assist the Commission in making a determination as to
whether or not the property does yield or may yield a reasonable return to
the owner(s) (i.e., pro forma financial analysis). In the event that any of the
required information is not reasonably available to the property owner and
cannot be obtained by the property owner, the property owner shall file
with his affidavit a statement of the information which cannot be obtained
and shall describe the reasons why such information cannot be obtained.
The property owner shall have the burden of proof to establish
unreasonable economic hardship.
The Commission, or City Council on appeal, may grant an exemption on
the grounds of unreasonable economic hardship if it finds that the
application of the provisions of this Chapter to the proposed alteration,
construction, restoration, demolition or relocation would deny the property
owner reasonable beneficial use of the property and a reasonable rate of
return on the owner's investment in the property.
* * * * *15-14-9: ORDINARY MAINTENANCE AND REPAIR:
Nothing in this Chapter shall be construed to prevent the ordinary
maintenance or repair of any exterior architectural feature in or on any
designated cultural resource that does not involve a change in design,
material, or external appearance thereof, nor does this Chapter prevent
the construction, alteration, restoration, demolition, or removal of any such
architectural feature if the Director , RGrAiG and Planning
and-Saley certifies to the Commission that such action is
required for the public safety due to an unsafe or dangerous condition.
ORDINANCE No. 1629
Page 9 of 57
15-14-11: ENFORCEMENT AND PENALTIES:
A. Any person who violates any provision of this Chapter or fails to obey an
order issued by the Commission or comply with a condition of approval of
any certificate of appropriateness issued under this Chapter shall be guilty
of a misdemeanor and subject to provisions of Section 15 28-215-30-2 of
this Title.
B. Any person who constructs, alters, removes, relocates, restores or
demolishes a designated cultural resource in violation of any provision of
this Chapter shall be required to restore the building, object, site, or
structure to its appearance or setting prior to the violation.
C. The Building Official shall have the authority to enforce all provisions of
this Chapter.
SECTION 9; ESMC Subsection 3(H) of Chapter 15-15 (Off Street Parking and Loading)
regarding Off -Site Parking is amended as follows:
H. Off -Site Parking:
ApplicabilityL,athorit : The Director may approve off -site parking
locations within the City for nonresidential uses to meet the parking
requirements of this chapter subject to the process set forth in Chapter
23 of this Title. Such off -site parking locations must be secured with a
covenant, approved by the City Attorney, and recorded in the County
Recorder's Office before the City issues building permits. The off -site
rking spa :4 diffeFenter
4 ram^ its ly4,4+e-- a F a -a.
edus ie red aFkinares as this rhapte�F. The
parking covenant may include such conditions as the Director may
lawfully impose. The Director maV refer, decisions on off -site parking
reguests to the Planning Commission at his discretion.
.:.
Ln liar...1 IM.
ORDINANCE No. 1629
Page 10 of 57
43. Off -Site Parking Findings 9fof Approval: Requests for off_ -site parking
must meet the following requirements:
a. The off -site parking must be located so that it will adequately serve the
use for which it is intended. In making this determination, the following
factors, among other things, must be considered:
(1) Proximity of the off -site parking facilities (i.e., 750 feet is a reasonable
maximum walking distance for high turnover uses such as retail sales,
services and restaurants);
(2) Ease of pedestrian access to the off -site parking facilities;
(3) Provisions for transportation to and from the off -site parking facility (e.g.,
shuttle or valet services);
(4) The type of use the off -site parking facilities are intended to serve.
b. The off -site parking spaces must be surplus to the re uired arkin
spaces for uses at the off -site location unless an adjustment is
approved based on an approved parking demand study pursuant to
Sections 15-15-3 J and 15-15-8 C of this chapter.
SECTION 10: ESMC Subsection 3(J) of Chapter 15-15 (Off Street Parking and Loading
Spaces) regarding Parking Exceptions is amended as follows:
J. Parking Exceptions:
Director Review: The Director o W . ng and d °i' ` @-S-y may review
and approve requests for administrative adjustments from the
requirements of this chapter as provided in GhapteF 24,
jvustnienWChapters 22 and 23, of this title including, ,
the design and layout of parking facilities; the required number of parking
spaces; the dimensions of parking spaces; the type of loading spaces
required; aisles; driveways and curb cuts; paving materials and colors;
and striping. The types and extent of adjustments the Director-ofR4afl4ijfl9
a " +n Wis authorized to review ad4+i�ie
�4 4ic�are specified in sections
15-15-5, 15-15-6, and 15-15-7 of this chapter.
2. Planning Commission Review: The Planning Commission must review
requests for parki g red fiens-a"perffied in 1 this
ehalAei; and may "ew adm4nistFafiadjustments that are referred to it
by the Director . at a public hearing as
set forth in Chapter 28 of this title.
SECTION 11: Section 15-15-5 (Parking Area Development Standards) is amended as
follows:
ORDINANCE No. 1629
Page 11 of 57
ORDINANCE No. 1629
Page 12 of 57
15-15-5: PARKING AREA DEVELOPMENT STANDARDS:
A. Access Andand Circulation
Design: Parking facilities must be designed so that a car within a facility
will not have to enter a street to move from one M location to any other
location within the same facility.
2. Exit: Parking facilities in nonresidential zones must be designed in such a
manner that any vehicle on the property will be able to rnane„veF as
sea tataay exit from the property traveling in a forward
direction. However, vehicles may exit onto an alley traveling in a reverse
direction.
3, Ar4jus#ne;AsAs The Directorli Safety
may approve i rive -adjustments from the site access and
circulation standards as provided ent6g; Cl�.r's.
22 and 23 of this title.
13. Driveway and Parking Area Paving and Surfacing: All permanent on -site
parking, loading, vehicle storage and vehicle sales areas must be paved
with approved concrete or asphaltic concrete. On -site parking areas to be
used for not longer than one M year must be surfaced and maintained
with an impervious material acceptable to the Director so as to eliminate
dust and mud. All on -site parking areas must be graded and drained so as
to dispose of all surface water in accordance with the applicable storm
water regulations. The Di dle
alternative paving materials s includ'e decorative concrete,
permeable concrete, grasscrete, brick, or similar material of equivalent
durability. The Director may approve aid mdativeadjustments from the
driveway and parking area paving standards for non-standard roadbed
construction and alternative roadway surfaces (such as drivable reinforced
turf) as provided in a "'"„ Cha tars 22 and 23 of this
title.
C. Parking Area Striping: All parking spaces must be clearly striped with
white, double four -inch (4"} wide stripes, one foot (-'I+apart. The Director
ef4al r ild may approve ire --adjustments
from the parking area striping standards as provided in chanter 24
Cha tern 22 ,and 23 of this title. The alternative designs
may include„ lin itkation, the use of colored concrete and other
decorative materials provided that alternativeAplar-eved striping
o t�salt r-aative�,,,s clearly identify parking spaces and distinguish
them from adjoining walkways and drive aisles.
ORDINANCE No. 1629
Page 13 of 57
FIGURE 1 - PARKING AREA STRIPING
6" WIDE BY B" HIGH
C-9
CONCRETE TIRE STOP
a
ANCHORED TO THE GROUND.
2
4' WIDE PAINTED
Z_
WHITE STRIFES.
MINIMUM WIDTH
D. Parking Space Location:
Residential Spaees:
a, Required parking spaces, excepting guest spaces, must be located within
a garage or carport as required in Subsection S of this Section.
ab. t No required guest parking space tease
may be located, in whole or in part, in anya required front yard or front
two-thirds of a-nya required side yard.
2. Nonresidential cam:
a. Parking spaces may encroach into a required street -facing
setback up to a maximum of fi#y50 percent (50%) of the required setback
area, provided a minimum landscaped setback of five feet 5 is
maintained. Parking spaces may encroach into a required interior side and
rear setback up to the interior side or rear property line, provided that the
interior side and rear property line does not abut a public or private street.
b. Mipimum L_aA&e aG --Parking spaces that back up directly into a
driveway entrance must maintain a minimum landscaped setback of
M*Pty20 feet k2-04 from any street facing property line.
ORDINANCE No. 1629
Page 14 of 57
C. Aas--r"-ehere vehicular access is provided by an alley, parking
may intrude into the required rear yard; provided, however, the amount of
setback intruded upon must be replaced by increasing the other required
yards on site by an equivalent amount.
FIGURE 2 - PARKING SPACE LOCATION
APPROACH
1
COMMERCIAL
BULDM
Ip
1
1
E, Parking Lot Slope: The maximum slope for parking lots is five percent
k5%). The Director of Plan n ' an+d 'i i Sa -may approve
a- adjustments from the parking lot slope standard as provided
in Ghap,teF 24, "Adjustments97 Chapters 22 and 23 of this title.
F. Tire Stops:
; Tire steps must+a+mt+a ewide by -six
iniches (62) in height
21. Location: Concrete tire stops must be provided in all parking lot areas
abutting a building, structure, sidewalk pla " — , street,--Gr alley or
other permanent feature such as a tree bollard utility box or sign.
Tire stops shall be located two feet (2— } from the front of a parking space.
32. Continuous Curb: -lies i p„ aA continuous concrete curb may
be provided in lieu of a tire sto rovided the area within two feet of
the curb face(overhang,area is not required for pedestrian or
handicap access. The vehicle overhang area may be landscaped,
ORDINANCE No. 1629
Page 15 of 57
however this landscaped area does not count toward the required vehicle
use area landscaping.
3. Dimensions: Tire stops or curbs must be a minimum of six inches
wide and six inches tall.
FIGURE 3 - TIRE STOP DESIGN AND LOCATION
.................................
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4. Adj�t val he Director may
approve adjustments from the tire stop standards as provided in ^ham
°"Adj r� Chapters 22 and 23 of this title.
G. Lighting:
Lights provided to illuminate any parking area or vehicle sales areas as
permitted by this Code must be arranged so as to direct the light away
from any premises upon which a residential dwelling unit is located.
2. Parking area light standards located within fifty50 feet {5'}of a property
line must not exceed t v ,55 feet (2-5� in height.
3. The Director may approve ad-mi st+ t+v adjustments from the lighting
standards -as ed ins~ .-24; "Adjust . , -, fl , —
ORDINANCE No. 1629
Page 16 of 57
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3•MUS.
Tf
ANOHO ma Dona
4. Adj�t val he Director may
approve adjustments from the tire stop standards as provided in ^ham
°"Adj r� Chapters 22 and 23 of this title.
G. Lighting:
Lights provided to illuminate any parking area or vehicle sales areas as
permitted by this Code must be arranged so as to direct the light away
from any premises upon which a residential dwelling unit is located.
2. Parking area light standards located within fifty50 feet {5'}of a property
line must not exceed t v ,55 feet (2-5� in height.
3. The Director may approve ad-mi st+ t+v adjustments from the lighting
standards -as ed ins~ .-24; "Adjust . , -, fl , —
ORDINANCE No. 1629
Page 16 of 57
K Landscaping:
1. All new or substantially redesigned parking areas must provide
landscaping as provided in chapter 2, "General Provisions", of this title.
L Parking Space Dimensions:
1. Minimum r-i Interior Dimensions:
Space Type
Minimum Width
i
Minimum Length
Commercial standard
8.5 feet
18 feet
Residential standard
9 feet
20 feet
..........
Residential - narrow lots'
8.5 feet
20 feet
Vehicle lift
11 feet
21 feet
Compact
8.5 feet
15 feet
Parallel
8.5 feet
24 feet
Accessible
See note 2
See note 2
Motorcycle
5 feet
9 feet
Bicycle
2 feet
5 feet
Notes:
1. Lots under 40 feet in width.
2. The dimensions of accessible parking spaces must comply with the Americans With
Disabilities Act (ADA), title III and California Code of Regulations (CCR), California Access Code,
title 24.
2. Single -Family Dwellings. wn _9�'ges
Wte
f� eattrrwtss ie ° wr ; d.
ORDINANCE No. 1629
Page 17 of 57
a. Two -car garages must have minimum interior dimensions of 20 feet
by 20 feet except for narrow lots as indicated above.
FIGURE 4 - SINGLE-FAMILY DWELLING GARAGE
"` GARAGE DOOR OPENING
3q, Single _� ° ies-Individual garages
l ' ", d , 'cgs must not exceed " hu- d-(900) square
feet in size or a four-E car capacity, whichever is less. Subterranean
garages and semi subterranean garages that meet the definition of a
basement are exempt from this requirement.
43. e f The Director Id may
approve adjustments to the parking space dimensions standards as
provided in r-24T-- tmonts"', Chapters 2 and 23 of this title.
J. Compact Spaces Pied: Compact parking is allowed for office,
industrial, hotel, and recreational uses up to a maximum of tweRtyLO
percent (20%) of required parking spaces. Parking provided in excess of
the required number may be compact in size. Compact spaces cannot be
allowed for retail uses.
K. Tandem Spaces Pew -yea: All tandem parking spaces, where allowed,
must be clearly outlined on the surface of the parking facility.
TANDEM SPACES PERMITTED
ORDINANCE No. 1629
Page 18 of 57
Maximum Maximum
Percentage Gof Percentage Gof
Required Required Spaces Maximum
Use Spaces tin Smoky Hollow Depth
Single-familyand two-family 100 n/a 2 spaces'
residentiald
Multiple -family residential
Retail uses and services
Industrialuses
Offices—
Restaurants—
Prohibited2
Prohibited
n/a
n/a
30
2 spaces
85
2 spaces
85
2 spaces
10
2 spaces
Notes:
1. Tandem spaces for single- and two-family dwellings must be assigned to the same
unit.
2. Tandem parking is permitted for multiple -family residential developments involving
density bonuses, pursuant to Government Code section 65915.
to conditions. The conditions may include recording of a covenant
agreement, requiring a parking attendant, requiring valet service, and
other operational conditions. The Director may also approve tandem
parking in excess of the above limits for permitted temporary uses and/or
special events.
L. Parking Clearance Andand Obstructions:
1, Vertical Clearance: The minimum vertical clearance for all parking areas
must be seven feet exce t that store a cabinets and other
obstructions shall be permifted in an area above the front end of
ORDINANCE No. 1629
Page 19 of 57
parkingl spaces that must be at least 4..5 feet above the ground and.
no more than 3.5 feet from the front end of the space.
2. Horizontal Clearance: Parking spaces located next to walls, columns, or
similar obstructions must provide an additional one foot 04 of
GleaFa n ewidth on the side of the obstruction except as follows.,
Ml. Columns or similar obstructions are permitted in -one foc)t {1'}
clearance area up to four feet {4} efat the front and rear end of a parking
space.
I�olumns, or similar obstructions may project six inches {} into
the front end corners of a parking space.
3. Disabled Access: Where necessary to comply with the Americans Wwith
Disabilities Act (ADA), tTitle III and California Code of Regulations (CCR),
California Access Code, tTitle 24, parking facilities may deviate from the
parking clearance and obstructions standards.
ORDINANCE No. 1629
Page 20 of 57
FIGURE 5 - REQUIRED CLEARANCE AND PERMITTED OBSTRUCTIONS
kM
Er
.. a
4. The Director o -P d43u4d4ng-Safety may approve adjustments to
the parking clearance and obstructions standards as provided in Ghapte
24 "Adjustn4e ts!!, Chapters 22 and 23 of this title.
M. Vehicle Ramps:
........ �... �. .... .... n�
I
damp aximurn slope ! 20 percent
Transitions sl��ed Required atAt each end of ramps that �I ,� at exceed a �
percent slope 1
6.. �_...,..... mm
Minimum Ttransit l
J
.. � ion length ' 8 feet
Slope of Ttransitions—AW At least 50 percent of the main ramp slope
FIGURE 6 - VEHICLE RAMP DESIGN
ORDINANCE No. 1629
Page 21 of 57
DRIVEWAY R
APPROACH,
EXISTING
CONCRETE
CURB
50% OF
SLOPE
•
LENGTH OF
TFANsrnof MAIN RAMP "TRANSITION
The Director of- - may approve ad
adjustments to the vehicle ramps standards as provided in Ghapter 24
"Adjustme Chapters 22 and 23 of this title.
N. Drive Aisle Width Andand Parking Row Depth:
R
4�A
awe
; GeneFal
aisle width
Aisle Width
Aisle Width
Standard
Compact
Parking
-
-
Space
Space
Space
Angle
One -Way
Two -Way
Depth
Depth
Width
A
......
B
B
C
C J
D
00 -
12'
18'
8.5'
8.5'
24'
parallel
1 .�
f
300
12'
18'
16.36'
14.86
17
450
...........
15
; .
18' j
18.74'
.............
1 16.62'
12.02'
600
16'
18'
19.84'
17.24'
9 82'
........
900
25'
25'
18' 15'
1
8.5' 1
ORDINANCE No. 1629
Page 22 of 57
FIGURE 7 - PARKING AISLE AND PARKING SPACE DIMENSIONS
ANGLED PARKING
PARALLEL PAPANG
Ki
MILAR
2—. E.,, F-ef-Nia ^X A n^l^ For ninWLO-degree (N-2—)
parking, the parking aisle width can deviate from the above requirements
based on the following table:
ORDINANCE No. 1629
Page 23 of 57
EXCEPTIONS FOR 900 PARKING ANGLE1
(S- Acc I' VvI.
Note:
1. The exceptions for 90 degree parking do not apply to garages for single- and two-family
dwellings.
32. Adjustment � aV.The Director afm-�ae f may
approve adjustments to the drive aisle width and parking space depth
standards -as provided in 4, °"Adj� tsCha tears 22 and 23
of this title.
O. Driveway Andand Curb Cuts: All curb cuts and driveways must lead
directly to required parking. Curb cuts not leading to parking; must be
removed whenever new buildings are constructed or additions are made
to existing buildings. The location and design of all driveway entrances
and exits must comply with the standards listed below. The goal of these
standards is to: 1) preserve on street parking spaces, 2) improve traffic
safety, and 3) improve on site vehicle circulation.
Driveway Apdand Curb Cut Width:.
ORDINANCE No. 1629
Page 24 of 57
Curb Cut Width
i
Driveway Width
in feet'
(in feet)
Zone
Minimum
, Maximum
Minimum
Maximum I
R-1 and R-2 - lots less than 50 feet
10 feet—
204eet
10 feet-
20 feet -
wide
R-1 and R-2 - lots at least 50 feet wide
104eet
254eet
10 feet-
28 feet-
R-3 - serving 12 or fewer parking
124eet
304eet
12 feet-
30 feet —
spaces or one-way
R-3 - serving 13 or more parking
184eet
304eet
18 feet-
30 feet -
spaces or two-way
Nonresidential - one-way
124eet
30 feet-
12 feet-
30 feet-
Nonresidential - two-way
184eet
304eet
18 feet
30-feet-
Note:
1. Curb cut width excludes the width of aprons.
2. Curb Cut Locations:
Minimum
Minimum Distance
Minimum Distance
Distance
Between Curb Cuts
From Curb Cuts
From Curb Cuts
On The Same
To Street
To Property
Zone Property
Corners
Lines
Residential 24 feet
20 feet
5 feet
Nonresidential 24 feet
50 feet
5 feet
ORDINANCE No. 1629
Page 25 of 57
FIGURE 8 - CURB CUT AND DRIVEWAY LOCATIONS
FIGURE 8 - CURB CUT & DRIVEWAY LOCATIONS
2W PAft DISTANCE 1U'MIN. 828'MAX;. 24'MIN. 1p'MN. A MAX,
(REN.D DISTANCE
IN. ..181'MMCE R1 8R2
IP MIN. DISTANCE MIN.830'MA7C fl'MIN.830'MA7L
(COMMERCIAL) ::::�.I.&COMIVIERCIALT �_R'38COMMERCLAL
WAY
DRIVEWAY
AP,R.ACH
SIDEWALK
RWAY
TWO
APPROACH
d
° a' 'd _ .d G
DRIVEWAY
d ° d
R R
3. The Director may approve arm.. . tie
adjustments to the driveway and curb cut standards as provided inef
�4'r�t"" Chwsu tern 22 aid 23 of this title.
P. Corner Clearance Andand Driveway Visibility:
All parking areas must meet the corner clearance and driveway visibility
standards as provided in chapter 2, "General Provisions", of this title.
Q. Drive -Through Facilities:
1. Drive -through lanes may encroach into required landscaped setbacks up
to a maximum of fifty50 percent (50%) of the required setback area,
provided a minimum landscaped setback of five feet {5� is maintained.
Z Drive -through lanes must be located and designed in such a manner as to
not interfere with on -site and off -site circulation. The location and design of
the drive -through lane Vieis subject to theDirector review and
approvals free f-P-lanfli Ord-"Ba" S
ORDINANCE No. 1629
Page 26 of 57
DRIVE -THROUGH LANE DIMENSIONS
Use
Eating and drinking
establishments
Banks, pharmacies, and
cleaners
FIGURE 9 - DRIVE -THROUGH FACILITIES
Minimum Length Minimum
(Continuous) Width
150 feet
60 feet
10 feet
10 feet
1 The �to - I u�i z of f Director may- fs�s t
require wider drive -through lanes.
4. The t"' a, Dwrector may approve
adjustments to the drive -through facilities standards as provided inef
A nt Chapters 22 and 23 of this title.
ORDINANCE No. 1629
Page 27 of 57
More than 3 feet Must meet required setbacks and must
above grade be screened from public view
Nonresidential Completely No setbacks required'
subsurface
Above grade Must meet required setbacks
Note:
1. The parking structure must be designed in such a manner as to maintain sufficient soil above for
landscaping (ground cover, shrubs and trees) to grow above grade.
32. The ` 4d4ng-safetyDirector may approve
adjustments to the parking structure standards as provided in ^hapter 24
due ts'" Cha tars 2 and 23 of this title.
S. Special Residential PaFking Provisions:
Covered a�rkinq: All required parking spaces must be covered
and enclosed in the following manner:
ORDINANCE No. 1629
Page 28 of 57
Minimum
Opening
Width
8 feet
16 feet
Use Minimum Parking Enclosure
Single- and two-family dwellings Fully enclosed garage
Multiple -family dwellings Covered structure enclosed on 3 sides
Guest parking spaces May be uncovered and unenclosed
2, Residential Garage Openings: All garages must meet the minimum and
maximum widths listed below:
Type Of Garage
Single car
2 car
Maximum Opening Width
14 feet
20 feet
Multiple -family 16 feet Equal to the drive aisle width it
residential serves
..e..
3. Residential Turn Radius Requirements:
a. One or two Wcar garages located behind a residence must provide a
minimum turning radius of twepAy4iveLS feet k2-5}.
b. Residential garages that take access directly from an alley may measure
the required turn radius to the opposite side of the alley.
FIGURE 10 - RESIDENTIAL TURN RADIUS AND ALLEY ACCESS
ORDINANCE No. 1629
Page 29 of 57
4. Ad' a4iThe dfr er--o
ir+ector
may approve adjustments to the special residential parking provisions
standards as provided inGp , '"Adjustr s'", hua tars 22 sand 23
of this title.
T. Vehicle Lifts: Vehicle lifts may be used by -right to provide off street parking
spaces on lots in the single-family residential (R-1) zone and the two-family
residential (R-2) zone where the vehicle lifts provide parking in excess of
the minimum number of required parking spaces subject to the standards
in this section and in this chapter.
A conditional use permit is required for vehicle lifts providing required off
street parking spaces on lots in the s lle- -Fes+ "a R-1)o,e and
a�l�esid ; i (R-2) zones subject to the following:
a. The vehicle lift must be located only within a fully enclosed garage.
b. A vehicle lift may only be used to store two (2-) vehicles vertically where a
minimum vertical height clearance from the floor to the ceiling plate of the
garage is a minimum of #oukee-14 feet 04-clear of obstructions.
C. A vehicle lift must be designed and used as a designated parking space for
use only by occupants in the same dwelling unit as the parking space
located directly below the vehicle lift.
ed. A vehicle lift must be permitted only if it is operated with an automatic shutoff
safety device and is installed in accordance to manufacturer specifications.
ORDINANCE No. 1629
Page 30 of 57
2. In the ly-s' eA 24R-2 zone, vehicle lifts for required off street
parking are subject to the following additional requirements:
a.. The vehicle lift must be used only on a lot less than 'e4§ feet (45} in
width.
b. A vehicle lift must only be used to meet the minimum number of required off
street parking spaces in addition to a minimum of two {fully accessible
parking stalls located on the floor surface within a garage or garages.
SECTION 12:: ESMC Section 15-15-6 regarding Required Parking Spaces is amended
as follows:
15-15-6: REQUIRED PARKING SPACES:
The number of on site parking spaces required for the establishment of a building
or use must be provided and thereafter maintained at the ratios set forth below.
For uses not listed, the required number of spaces will be determined by the
Director ing an based on most similar listed use
or a parking demand study. A parking demand study must include, withou
,at a rnulnirnum information specifying the number of employees,
customers, visitors, clients, shifts, deliveries, parking spaces, or other criteria
established by the Diirectorc " i f�ty. The
Di rec ord+reetor of fanning --a d � may a " W'S disGret` ,
refer any decision regarding uses not listed to the planning commission for review.
Unless stated otherwise, parking must be based on net floor area as defined in this
code. Accessible parking spaces must be provided and comply with the Americans
With Disabilities Act (ADA), title III and California Code of Regulations (CCR),
California Access Code, title 24.
A. Automobile Spaces Required:
[NOTE TO CODIFIER: No changes proposed to this section]
B. Bicycle Spaces Required:
Use Number Of Bicycle Spaces Required
Single-family and None
two-family dwellings
ORDINANCE No. 1629
Page 31 of 57
Multiple -family 10 percent of the required vehicle parking spaces for
residential projects with 6 or more units
Nonresidential A minimum of 4 spaces for buildings up to 15,000 square
feet, plus a minimum of 5 percent of the required vehicle
spaces for the portion above 15,000 square feet.
Maximum of 25 spaces
The Director ty may approve admi4strative
adjustments to reduce the requirement for bicycle spaces as provided
in l"" a s"', Chapters 22 and 23 of this title.
C. Reductions Inin Tbethe Number-Ofof Required Parking Spaces
Redoeons For Single Uses:
a. The Director Pf 1. lanninna `td ty may approve an adm4nis#aWe
adjustment to the required number of parking spaces for any use up to a
maximum of ten20 percent (10%) or twenty (20) parking spaces, whichever
is less, based on the submittal of a parking demand study. The Director of
P �_ "der - a" may refer any such request to the Planning
Commission for review.
Wi
:- s UZZZWOW
••
eb. Parking studies submitted in conjunction with requests for reductions must
include, it ,apt a minimum information specifying the number
of employees, customers, visitors, clients, shifts, deliveries, parking spaces,
or other criteria established by the Director -6i4 xt.
2. Red4j-eW44s, For Joint/Shared Uses:.
a. The Director ef-Pl may approve an
istraadjustment to reduce the required number of parking
spaces in any zone for uses that share parking facilities for a maximum of
te-R20 percent (10%) or t 20) parking spaces, whichever is less,
based on the submittal of a parking demand study. The Director of
iid fy may refer any request for an admiAi K'a We
adjustment from the required number of parking spaces to the Planning
Commission for review.
ORDINANCE No. 1629
Page 32 of 57
W.
sw r:.. w ., r. M. ,., r ww. r �..L'. +. .« •r.wr
111"
it m' µ wwy . .Y �. C... . w ww .,, 'Y �r .. •. :s ,w, r
eb. Requests for shared and/or joint uses are subject to the following
requirements:
(1) A parking study must be submitted by the applicant demonstrating that there
will not exist substantial conflict in the peak hours of parking demand for the
uses for which joint parking use is proposed;
(2) The number of parking stalls which may be credited against the
requirements of the structures or uses involved must not exceed the number
of stalls reasonably anticipated to be available during differing hours of
operation; and
(3) A written agreement, in a form approved by the City Attorney, must be
executed by all parties concerned assuring the continued availability of the
number of stalls designed for joint use.
3. Sites Witl4with Transportation Systems Management Plans: The number of
required parking spaces On this seGti ^ may be modified subject to approval
of a transportation systems management plan submitted pursuant to the
procedures and requirements of chapters 16 or 17 '°-'eveleper
Cosa t"tea
a,f-iagemenfL, of this title.
4. Reductions t ki O for Disabilities Upgrades: When required
solely as needed to upgrade existing parking facilities to comply with the
Americans Withwith Disabilities Act (ADA), title III and California Code of
Regulations (CCR), California Access Code, title 24, the total number of
parking spaces may be reduced at the discretion of the Director.
D. Parking In -Lieu Fees: Notwithstanding 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 erg -site parking spaces required by
this chapter or applicable specific plan, such requirement may be satisfied
by paying a parking in -lieu fee in an amount set by City Council resolution.
Designated parking in -lieu fee areas and the process for payment of parking
in -lieu fees are described in chapter 2-933 of this title.
SECTION 13: ESMC Section 15-15-7 regarding Off Street Loading Space Standards is
amended as follows:
ORDINANCE No. 1629
Page 33 of 57
15-15-7: OFF-STREET LOADING SPACE STANDARDS:
A. General Provisions:
4-. Apit Every building established, erected, enlarged or expanded for
commercial, manufacturing or institutional purposes must provide loading
space as set forth below. However, for any building or use enlarged or
increased in capacity, additional loading spaces are required only for such
enlargement or increase. All required loading spaces are in addition to the
required on site parking spaces set forth in this chapter and must be
developed and maintained in accordance with this chapter. Loading spaces
may be provided either completely or partially within a building when such
building is designateddsied to include adequate ingress and egress to
the loading spaces. Unless stated otherwise, loading requirements must be
based on net floor area as defined in section 15-1-6 of this title.
21. Location: Loading spaces, with the exception of passenger loading spaces,
must be located to the side or rear of buildings on site whenever possible
as determined by the Director-o e a 4-J d BujWjAg—Safety. Loading
spaces cannot interfere with vehicular and pedestrian circulation on site.
32. Screening: Loading spaces must be appropriately screened from view from
public streets. The screening may include decorative walls, landscaped
berms, shrubs, trees and other landscaping, and any other screening
methods deemed appropriate by the Director-- f-l�'
Safety.
LOADING SPACE TYPES AND SIZES in, feet
Type
Width
Length
Height
Passenger
104eet
204eet
74eet
Small truck 12-feet 254eet 144eet
Large truck 134eet 504eet 16-feet
C. Number Of Loading Spaces Required:
[NOTE TO CODIFIER: No changes made to this section]
ORDINANCE No. 1629
Page 34 of 57
The Director o - I " ,
tl . a' may approve ad ` Vi""
adjustments to the location number, types and dimensions of loading spaces -as
provided in tef-24, —"j° tm t-s! Chsw tears 22 an d 2 of this title.
SECTION 14: ESMC Subsection 15-18-5 (B) of Chapter 15-18 (Signs) regarding
Administrative Use Permits, Adjustments, Variances, And Conditional Uses for signs is
amended as follows:
B. Administrative Use Permits, Adjustments, Variances, AAndiand Conditional
Uses:
21. Signs that require the approval of an administrative use permit will be
processed pursuant to pte��""�Cha tees 22 and 23 of this title.
32. Deviations from any nonstructural provision of this chapter, including, but
not limited to, the number of permitted signs, the size of proposed signs up
to a maximum of tw 20 percent r'� of the area of the building face,
and setbacks, may be granted upon the approval of an adjustment,
pursuant to cha2 Chapters 22 and 23 of this title. The Director may
consider a deviation request to be a request for a variance and refer the
request to the Planning Commission for review pursuant to rahapte
23Cha ters 24 and 28 of this title.
43. Except as otherwise provided, all deviations from this chapter must comply
with the variance procedures set forth in IpteeChapters 24 and 28 of
this title. All sign regulations for land uses requiring conditional use permits
are controlled by this chapter and must be processed without regard to the
proposed message, content, or copy of proposed signs.
SECTION 15: ESMC Chapter 15-22 regarding Administrative Determinations is deleted
and replaced with a new Chapter 22 to read as follows:
ORDINANCE No. 1629
Page 35 of 57
Chapter 22
ADMINISTRATIVE DETERMINATIONS, ADMINISTRATIVE USE PERMITS,
AND ADJUSTMENTS
15-22-1: PURPOSE
15-22-2: ADMINISTRATIVE DETERMINATIONS
15-22-3: ADMINISTRATIVE USE PERMITS
15-22-4: ADJUSTMENTS
15-22-1: PURPOSE
The purpose of this chapter is to establish the Director's authority to make
administrative determinations and to grant administrative use permits and
adjustments, and to set the required findings for making such decisions.
15-22-2: ADMINISTRATIVE DETERMINATIONS FOR USES NOT LISTED
A. Authority to make administrative determinations. When a use is not
specifically listed as either a permitted use or conditional use under a
particular zone, the Director, upon written request or upon his or her own
initiative, shall determine whether said use is sufficiently similar to a listed
use in the particular zone to justify a finding that it should be deemed either
a permitted use, a conditional use or that an administrative use permit is
necessary. The Director or designee may make administrative
determinations, subject to the process outlined in Chapter 23 of this title.
B, Administrative determination findings. Before permitting or classifying an
unlisted use, the Director shall first make the following findings:
The proposed use is consistent with the purpose of this Title;
2, The proposed use and its operation are compatible with the uses allowed
in the zone; and
1 The proposed use is similar in impact and character to one or more
permitted uses in the zone.
15-22-3: ADMINISTRATIVE USE PERMITS
A. Authority to grant. When a particular use is listed as subject to
administrative use permit, or if the Director determines that a use not listed
is similar to other uses subject to administrative use permit in a particular
zone, the Director may review and grant administrative use permits, subject
to the process set forth in Chapter 23 of this title.
B. Findings. Before granting an administrative use permit, the Director shall
first make the following findings:
ORDINANCE No. 1629
Page 36 of 57
1. There is compatibility of the particular use on the particular site in
relationship to other existing and potential uses within the general area in
which the use is proposed to be located.
2. The proposed use is consistent and compatible with the purpose of the zone
in which the site is located.
3. The proposed location and use and the conditions under which the use
would be operated or maintained will not be detrimental to the public health,
safety or welfare, or materially injurious to properties or improvements in
the vicinity.
4, Potential impacts that could be generated by the proposed use, such as
noise, smoke, dust, fumes, vibration, odors, traffic and hazards have been
recognized and compensated for.
C. Alcohol -related use findings: In addition to the four findings above, before
an alcohol -related administrative use permit may be granted, it shall also be
found that the State Department of Alcohol Beverage Control has issued or
will issue a license to sell alcohol to the applicant.
15-22-4 ADJUSTMENTS TO DEVELOPMENT STANDARDS
A. Authority to grant. Whenever a strict interpretation of the provisions of this
title or its application to any specific case or situation pertaining to the
following items would result in the unreasonable deprivation of the use or
enjoyment of property, the Director or designee may grant an adjustment,
subject to the process set forth in Chapter 23 of this title.
B. Applicability. Adjustments may be granted for the following standards:
1. Fence or wall height to exceed permitted height by two feet.
2. Architectural landscape features which exceed the standards set forth in
section 15-2-14 of this title.
3. Signs which exceed the standards set forth in Chapter 18 of this title.
4. Noise permits which exceed the standards set forth in section 7-2-11 of this
Code.
5. Parking and loading space standards as set forth in Chapter 15 of this title.
6. Reduction of retention of a minimum of 50 percent of exterior building
perimeter wall height and/or deviation from development standards for life
safety purposes.
ORDINANCE No. 1629
Page 37 of 57
7. Deviation from development standards for reasonable access
accommodations.
8, Dimensions of required open space and size of required landscaping area
within required open space in the Multi -Family Residential (R-3) Zone as
set forth in section 15-4C-5 of this title.
9. Building height to exceed the maximum allowable height by not more than
five feet.
C. Findings. Before granting an adjustment, the Director shall make the
following findings:
1, That the proposed adjustment would not be detrimental to the neighborhood
or district in which the property is located;
2. 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
3. That the proposed adjustment is consistent with the legislative intent of this
title.
D. Reasonable access accommodations: In addition to the adjustment findings
above, the following findings must be made before any action is taken to
approve or deny a request for a deviation from development standards for
reasonable access accommodations:
1. The housing, which is the subject of the request for reasonable
accommodation, will be used by an individual protected under the California
Fair Employment and Housing Act, Government Code § 12900 et seq.
("Act"), as amended.
2. The request for reasonable accommodation is necessary to make specific
housing available to an individual protected under the Act.
SECTION 16: ESMC Chapter 15-23 regarding Variances and Conditional Use Permits is
deleted and replaced with a new Chapter 15-23 regarding Director Discretionary
Decisions to read as follows:
ORDINANCE No. 1629
Page 38 of 57
Chapter 23
DIRECTOR DISCRETIONARY DECISIONS
15-23-1:
APPLICABILITY
15-23-2:
APPLICATION PROCEDURE
15-23-3:
REVIEW FOR COMPLETENESS
15-23-4:
DECISION
15-23-5:
PLANNING COMMISSION REVIEW
15-23-6:
NOTIFICATION
15-23-7:
APPEALS
15-23-8:
EFFECTIVE DATE
15-23-9:
EXPIRATION
15-23-10:
TIME EXTENSIONS
15-23-1: APPLICABILITY
The Director shall make administrative decisions on discretionary applications
including, but not limited to, the following:
1. Adjustments
2. Administrative determinations
3. Administrative use permits
4. Downtown design review, as set forth in Downtown Specific Plan Chapter
V
5. Off -site parking covenants, as set forth in Chapter 15 of this Title
6. Precise plan modifications
7. Other discretionary applications as specified in this Title
15-23-2: APPLICATION PROCEDURE
The applicant for any of the above -referenced applications shall apply in writing
using application forms provided by the Development Services Department,
stating the type of discretionary permit desired. The applicant must submit the
application form and any additional materials required by the Department along
with the required filing fee to cover the cost of investigation and processing.
ORDINANCE No. 1629
Page 39 of 57
15-23-3: REVIEW FOR COMPLETENESS
The Director or designee may request any additional information deemed
necessary to evaluate the application. After all the necessary information and
material are submitted, the Director or designee shall deem an application
complete.
15-23-4: DECISION
After an application is deemed complete, a written determination as to the approval
or denial of the application must be issued within 10 business days. The written
determination shall state the findings for a decision. In approving an application,
the Director has the authority to attach conditions to the approval if deemed
necessary.
15-23-5: PLANNING COMMISSION REVIEW
The Director or designee must send copies of the findings and decision to the
applicant. Written determinations on discretionary decisions made by the Director
or designee must 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 is final until
the decision is received and filed or acted upon by the Planning Commission, or
upheld on appeal.
15-23-6: NOTIFICATION
Before the written determination is placed on a Planning Commission agenda the
Director or designee shall give public notice, as provided for in Chapter 28 of this
Title, of the Planning Commission's intent to receive and file the Director's
determination The notice shall be mailed or delivered only to the owners and
occupants of real property within 150 feet of the real property that is the subject of
the determination. Administrative determinations that are not associated with a
specific property, are not subject to this public notification requirement.
15-23-7: APPEALS
Decisions by the Director or designee on applications listed in Section 15-23-1 are
appealable to the Planning Commission. All appeals must be processed as
provided by chapter 29 of this title.
15-23-8: EFFECTIVE DATE
Permits granted pursuant to this chapter shall not become effective until 10 days
from the granting thereof has elapsed or, if an appeal is filed or a review called,
until final determination has been made on the appeal or review.
ORDINANCE No. 1629
Page 40 of 57
15-23-9: EXPIRATION
Permits granted pursuant to this chapter shall become null and void if the privileges
granted thereunder are not utilized within one year from the effective date thereof.
15-23-10: TIME EXTENSIONS
Permits granted pursuant to this chapter may be extended for an additional period
to be specified by the Director; provided that prior to the expiration date, a written
request for a time extension is filed with the Director.
SECTION 17: ESMC Chapter 24 regarding Adjustments is repealed and replaced with a
new Chapter 24 regarding Variances and Conditional Use Permits:
Chapter 24
VARIANCES AND CONDITIONAL USE PERMITS
15-24-1: PURPOSE OF VARIANCE
15-24-2: AUTHORITY TO GRANT VARIANCE
15-24-3: VARIANCE FINDINGS
15-24-4: PURPOSE OF CONDITIONAL USE PERMIT
15-24-5: AUTHORITY TO GRANT CONDITIONAL USE PERMIT
15-24-6: CONDITIONAL USE PERMIT FINDINGS
15-24-1: PURPOSE OF VARIANCE
The purpose of any variance is to allow for deviations from the development
standards contained in this Title. Those standards which are determined at the
discretion of the Planning Commission, City Council, or administratively shall not
be subject to the variance process. However, a variance shall not grant a special
privilege not shared by other property in the same vicinity and zone.
15-24-2: AUTHORITY TO GRANT VARIANCE
When practical difficulties, unnecessary hardships or results inconsistent with the
general purpose of this Title result through the strict and literal interpretation and
enforcement of the provisions thereof, the Planning Commission shall have
authority, subject to the provisions of this Title, to grant upon such conditions as it
may determine such variance from the provisions of this Title as may be in
harmony with its general purpose and intent, so that the spirit of this Title shall be
observed, public safety and welfare secured and substantial justice done. A
variance granted pursuant to the provisions of this Section shall run with the land
and shall continue to be valid upon change of ownership. Variance requests shall
be processed as set forth in Chapter 28 of this Title.
ORDINANCE No. 1629
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15-24-3: VARIANCE FINDINGS
Before any variance may be granted, it shall be found:
A. That there are exceptional or extraordinary circumstances or conditions
applicable to the property or to the intended use that do not apply generally
to the other property or class of use in the same vicinity and zone;
B. That the variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity
and zone but which is denied to the property in question;
C. That the granting of the variance will not be materially detrimental to the
public welfare or injurious to the property or improvement in such vicinity
and zone in which the property is located; and
D. That the granting of the variance will not adversely affect the General Plan.
15-24-5: PURPOSE OF CONDITIONAL USE PERMIT
The purpose of a conditional use permit shall be:
A. To assure the compatibility of the particular use on the particular site in
relationship to other existing and potential uses within the general area in
which the use is proposed to be located;
B. To assure the proposed use is consistent and compatible with the purpose
of the zone in which the site is located; and
C. To recognize and compensate for potential impacts that could be generated
by the proposed use, such as noise, smoke, dust, fumes, vibration, odors,
traffic and hazards.
15-24-4: AUTHORITY TO GRANT CONDITIONAL USE PERMIT
The Planning Commission may grant a conditional use permit upon application
for such uses allowed by this Title, subject to the process set forth in Chapter 28
of this Title.
15-24-6: CONDITIONAL USE PERMIT FINDINGS
A. General: Before a conditional use permit may be granted, it shall be found
that:
The proposed location of the use is in accord with the purpose of this Title
and the purposes of the zone in which the site is located;
ORDINANCE No. 1629
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2. The proposed location of the use and the conditions under which it would
be operated or maintained will not be detrimental to the public health, safety
or welfare, or materially injurious to properties or improvements in the
vicinity; and
3. The proposed use will comply with each of the applicable provisions of this
Chapter.
B. Alcohol sales: Before a conditional use permit may be granted for the sale
of alcohol, it shall be found that:
The State Department of Alcohol Beverage Control has issued or will issue
a license to sell alcohol to the applicant;
Z There is compatibility of the particular use on the particular site in
relationship to other existing and potential uses within the general area in
which the use is proposed to be located;
3. The proposed use is consistent and compatible with the purpose of the zone
in which the site is located;
4. The proposed location and use and the conditions under which the use
would be operated or maintained will not be detrimental to the public health,
safety or welfare, or materially injurious to properties or improvements in
the vicinity; and
5. Potential impacts that could be generated by the proposed use, such as
noise, smoke, dust, fumes, vibration, odors, traffic and hazards have been
recognized and compensated for.
SECTION 13: ESMC Chapter-15-24A regarding Right of Way Dedications and
Improvements is renumbered as Chapter 15-31.
SECTION % ESMC Chapter 15-25 regarding Appeal or Review is deleted and
replaced with a new Chapter 15-25 regarding Site Plan Review to read as follows:
ORDINANCE No. 1629
Page 43 of 57
Chapter 25
SITE PLAN REVIEW
15-25-1: PURPOSE
15-25-2: APPLICABILITY
15-25-3: AUTHORITY TO GRANT
15-25-4: FINDINGS
15-25-1: PURPOSE
A site plan review is a discretionary land use permit that is required for any
proposed project that meets the criteria set forth in section 15-25-2 of this chapter.
The purpose of the site plan review process is to:
A. Ensure that the project is compatible with the area in which it is located;
B. Allow all City departments the opportunity to review development proposals
and place reasonable conditions to ensure that the public health, safety and
welfare are maintained.
15-25-2: APPLICABILITY
A site plan review pursuant to this chapter is required for development that meets
any of the following criteria:
A. Single-family residential development of more than 10 residential units;
B. Multi -family residential development of more than 10 units;
C. New commercial, institutional or industrial development that includes
structures which have a combined gross floor area of more than 50,000
square feet (not including parking structures);
D. Additions to existing structures if the combined total additions exceed
50,000 square feet of gross floor area, but not including parking structures;
E. For projects with a mix of residential and commercial, institutional or
industrial uses, if any criteria above applies, the entire project is subject to
site plan review.
15-25-3: AUTHORITY TO GRANT,
The Planning Commission is shall review and consider site plan review
applications, subject to the process set forth in Chapter 28 of this Title.
ORDINANCE No. 1629
Page 44 of 57
15-25-4: FINDINGS
In order to approve or conditionally approve the site plan, the approval authority
shall make the following findings:
A. The proposed development, including the general uses and the physical
design of the development, is consistent with the General Plan;
B. The proposed development, including the general uses and the physical
design of the development, is consistent with the intent and general purpose
of the provisions of this Code and any applicable development agreement;
and
C. The proposed development, including the general uses and the physical
design of the development, will not adversely affect the orderly and
harmonious development of the area and the general welfare of the City.
If such findings cannot be made, the site plan shall be denied..
SECTION 20: ESMC Chapter 15-26 regarding Amendments is deleted and replaced
with a new Chapter 15-26 regarding Coastal Zone Development Permits:
Chapter 26
COASTAL ZONE DEVELOPMENT PERMITS
15-26-1: PURPOSE
15-26-2: APPLICABILITY
15-26-3: EXEMPT DEVELOPMENT
15-26-4: AUTHORITY TO GRANT
15-26-5: FINDINGS
15-26-1: PURPOSE
Coastal development permits are required 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. As used in this chapter, "Coastal Zone" is as defined by the
California Coastal Act, Public Resources Code sections 30100 et seq.
15-26-2: APPLICABILITY
A. 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 City's Coastal Zone,
except:
ORDINANCE No. 1629
Page 45 of 57
Developments on tide lands, submerged lands, or public trust lands over
which the Coastal Commission has original permit jurisdiction.
2. Developments determined to be exempt from the CDP requirements
pursuant to State law or regulations.
15-26-3: EXEMPT DEVELOPMENT
A. No fee, public hearing, notice, or development permit shall be required for
the types of development classified as exempt from CDP requirements by
State law or regulations.
B. Whenever a permit is issued in the Coastal Zone by any City department
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.
15-26-4: AUTHORITY TO GRANT
The Planning Commission shall have the authority to grant all CDPs within the
City's Coastal Zone subject to the findings listed below and the process set forth
in Chapter 15-28 of this Title, California Government Code sections 65920-
665964.1 (Permit Streamlining Act), and in Public Resources Code Division 20
(California Coastal Act).
15-26-5: FINDINGS
Before any CDP may be granted, the Planning Commission shall make the
following findings:
A. That the development conforms to the certified Local Coastal Plan; and
B. That the development conforms to the Coastal Act public access and
recreational policies.
SECTION 21: ESMC Chapter 15-27 regarding Hearings, Notices and Fees is deleted
and replaced with a new Chapter 15-27 regarding Amendments:
ORDINANCE No. 1629
Page 46 of 57
Chapter 27
AMENDMENTS
15-27-1:
PURPOSE
15-27-2:
AUTHORITY TO GRANT
15-27-3:
FINDINGS
15-27-1:
PURPOSE
Whenever public necessity, convenience and general welfare require, a
modification of the General Plan, a specific plan, or the zoning boundaries
established by this Title, the classification of permitted or conditionally permitted
uses, or other provisions of this Title, such changes may be undertaken in one of
the following methods:
A. A General Plan Amendment;
B. A Specific Plan Amendment;
C. A Precise Plan Amendment;
D. A Zone Map Change; and
E. A Zone Text Amendment.
15-27-2: AUTHORITY TO GRANT
The City Council is authorized to approve amendments listed in Section 15-27-1,
subject to the process set forth in Chapter 28 of this Title.
15-27-3: FINDINGS
A. General: Before any amendment is approved, the City Council shall make
the following findings:
1. The amendment must be consistent with the General Plan.
2. The amendment is necessary to serve the public health, safety, and
general welfare.
B. Zone Changes: The City Council shall make the following additional
findings for zone changes:
3. There are changed conditions since the existing zoning became effective
to warrant other or additional zoning.
ORDINANCE No. 1629
Page 47 of 57
4. The benefits of the proposed change of zone will clearly outweigh any
potential adverse effects to adjoining property or the area.
SECTION 22: ESMC Chapter 15-27A regarding Development Impact Fees is
renumbered as Chapter 15-32.
SECTION 23: ESMC Chapter 15-28 regarding Enforcement; Penalty is renumbered as
Chapter 15-30
SECTION 24: ESMC Chapter 15-28 regarding Public Hearings is added as follows:
Chapter 28
PUBLIC HEARINGS
15-28-1:
PURPOSE
15-28-2:
APPLICABILITY AND HEARING AUTHORITY
15-28-3:
APPLICATION PROCEDURE
15-28-4:
REVIEW FOR COMPLETENESS
15-28-5:
SETTING OF HEARING DATES
15-28-6:
NOTICE REQUIREMENTS
15-28-7:
CONTINUATION
15-28-8:
PLANNING COMMISSION DECISIONS
15-28-9:
PLANNING COMMISSION RECOMMENDATIONS
15-28-10:
APPLICATION AND HEARING RECORD
15-28-1: PURPOSE
The purpose of this Chapter is to establish procedures for processing applications
in this Title that require public hearings before the Planning Commission and/or
City Council.
15-28-2: APPLICABILITY AND HEARING AUTHORITY
Public hearings shall be held by the following two bodies as follows:
A. City Council. Applications that require a public hearing before the City
Council include, but are not limited to:
1. Conditional Use Permit for onsite sale and consumption of alcohol at bars.
2. Density Bonus Agreement.
3. Development Agreement.
4. Final Map/Subdivision.
ORDINANCE No. 1629
Page 48 of 57
5. General Plan Amendment.
6. Historic Resource Designation as set forth in Chapter 14 of this Title.
7. Precise Plan Amendment.
8. Zoning Text Amendment.
9. Change of Zoning District.
10. Applications referred to the City Council by the Planning Commission.
11. Appeals of Planning Commission decisions.
B. Planning Commission. Applications that require a public hearing before
the Planning Commission include, but are not limited to:
1. All applications listed in Subsection A (Planning Commission role is
advisory).
2. Animal Permit Appeal as set forth in Chapter 2 of title 6.
3. Certificate of Appropriateness as set forth in Chapter 14 of this title.
4. Coastal Development Permit.
5. Conditional Use Permit.
6. Off -site parking covenant as set forth in Chapter 15 of this Title.
7. Downtown Design Review as set forth in the Downtown Specific Plan.
8. Site Plan Review.
9. Tentative Map/Subdivision.
10. Variance.
11. Waiver of Parcel Map.
12. Requests referred by the Director.
13. Appeals of Director's decisions.
15-28-3: APPLICATION PROCEDURE
The applicant for any of the above requests, except those initiated by elected or
appointed bodies of the City or City Staff, shall apply in writing using application
forms provided by the Development Services Department, stating the type of
ORDINANCE No. 1629
Page 49 of 57
discretionary permit desired. The applicant must submit the application form and
any additional materials required by the Department along with the required filing
fee, in an amount established by the City Council.
15-28-4: REVIEW FOR COMPLETENESS
The Director or designee has the authority to request any additional information
deemed necessary to evaluate the application. After all necessary information and
material are submitted, the Director or designee shall deem an application
complete.
15-28-5: SETTING OF HEARING DATES
All proposals requiring a public hearing shall be set by the secretary of the Planning
Commission for hearings to be held before the Planning Commission, and by the
City Clerk for hearings to be held before the City Council.
15-28-6: NOTICE REQUIREMENTS
Applications requiring a public hearing shall contain specific information and be
distributed in the manner prescribed below.
A. Notification Process: Notice shall be provided in all of the following ways:
Notice of the hearing shall be mailed or delivered at least 10 days prior to
the hearing to:
a) the owner of the subject real property as shown on the latest equalized
assessment roll;
b) the owner's duly authorized agent, if any;
c) the project applicant;
d) each local agency expected to provide water, sewage, streets, roads,
schools, or other essential facilities or services to the project, whose ability
to provide those facilities and services may be significantly affected;
e) all owners of real property as shown on the latest equalized assessment roll
within 300 feet and all occupants within 150 feet of the real property that is
the subject of the hearing, unless the application is for director discretionary
decisions, in which case only the owners and occupants of real property as
shown on the latest equalized assessment roll within 150 feet of the real
property that is the subject of the director decision shall be notified;
f) any owner of a mineral right pertaining to the subject real property who has
recorded a notice of intent to preserve the mineral right pursuant to Section
ORDINANCE No. 1629
Page 50 of 57
883.230 of the Civil Code, when a public hearing is required for a tentative,
final, or parcel map pursuant to the Subdivision Map Act;
g) any person who has filed a written request for notice with either the City
Clerk or the Director;
h) any other party as required by California Government Code §§ 65090-
65096 (Public Hearings);
i) The California Coastal Commission, if the development/project requires a
Coastal Development Permit according to Chapter 15-26 of this Title.
2. In lieu of using the assessment roll, the City may use records of the county
assessor or tax collector which contain more recent information than the
assessment roll.
3 If the number of owners to whom notice would be mailed or delivered
pursuant to subsection A1(e) is greater than 1,000, the City, in lieu of mailed
or delivered notice, may provide notice by placing a display advertisement
of at least 1/8-page in at least one newspaper of general circulation within
the City at least 10 days prior to the hearing.
4, Notice of the hearing shall also be published in at least one newspaper of
general circulation in the City at least 10 days prior to the hearing, or posted
in at least three public places within the City boundaries, including one
public place on the site or in the area directly affected by the proceeding.
The posting on the affected site or area and maintenance of such notice
shall be the responsibility of the applicant. Such notices shall be posted in
a manner prescribed by the Director.
B. Contents of notification: The contents of the public hearing notice shall
include:
1. A title stating "Notice of Public Hearing;"
2. The date, time and place of a public hearing;
3. The identity of the hearing body;
4. The City's file number(s) assigned to the application;
5. A general explanation of the matter to be considered; and
6. A general description, in text or as a diagram of the location of the
property.
7. Coastal Development Permits. If the development requires a Coastal
Development Permit, the notice shall also include a statement that the
ORDINANCE No. 1629
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project is located within the coastal zone and the procedures of City and
Coastal Commission appeals, including any City fees required, and a
statement of whether or not the proposed development is appealable to the
Coastal Commission.
15-28-7: CONTINUATION OF PUBLIC HEARING
If, for any reason, testimony on a case set for public hearing cannot be completed
on the date set ,for the hearing, the person presiding at the public hearing may,
before adjournment or recess thereof, publicly announce the time and place at
which the hearing will be continued. No further notice is required.
15-28-8: PLANNING COMMISSION DECISIONS
A. Decision: the Planning Commission shall announce its findings by formal
resolution. The resolution must recite the facts and findings for the granting
or denial of the application. If granted, the resolution shall also recite such
conditions and limitations as the Planning Commission may impose.
B, Notice: A copy of the Planning Commission resolution shall be mailed to the
applicant at the address shown on the application filed with the
Development Services Department and to any other person requesting a
copy.
Coastal development permits. Within seven calendar days following
Coastal Development Permit decisions, the City shall send a notice of final
local action to the Coastal Commission. The notice shall include 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.
C. Effective date: The action of the Planning Commission in granting or
denying an application shall become final and effective the day following the
end of a 10-day appeal period, unless a written appeal is filed with the City
Council or the Coastal Commission as provided by Chapter 26 of this Title.
D, Expiration: Requests approved by the Planning Commission shall expire
two years after the effective date if the privileges granted have not been
utilized.
F, Time extensions. Planning Commission decisions may be extended for an
additional period to be specified by the Planning Commission; provided that
prior to the expiration date, a written request for a time extension is filed
with the Director.
G. Appeals. Planning Commission decisions are appealable to the City
Council, except decisions on Coastal Development Permits, which are
ORDINANCE No. 1629
Page 52 of 57
appealable directly to the Coastal Commission. All appeals must be
processed as provided by Chapter 29 of this title.
H. Suspension and revocation of approval. Upon violation of an applicable
provision of this Title, or if granted subject to conditions, upon failure to
comply with conditions, or if approval was obtained by fraud, an approved
permit may be suspended automatically. The Planning Commission shall
hold a public hearing, in accordance with the procedures prescribed in this
Chapter, and if not satisfied that the regulation, general provision, or
condition is being complied with, may revoke the approval or take such
action as may be necessary to ensure compliance with the regulation,
general provision, or condition.
15-28-9: PLANNING COMMISSION RECOMMENDATIONS
All requests listed above requiring a decision by the City Council, except for
Development Agreements, shall first be reviewed by the Planning Commission at
a public hearing as set forth in this Chapter and the Planning Commission shall
make a recommendation to the City Council by resolution.
15-28-10: APPLICATION AND HEARING RECORD
The material related to any of the applications discussed in this chapter shall
become a part of the permanent official records of the respective hearing authority.
The permanent records shall consist of the following:
A. Application material, including the submitted application form, plans,
exhibits, and any other material submitted with the application form.
B. Reports and exhibits prepared by City staff prior to the hearings.
C. Hearing files, including minutes of the proceedings, exhibits, names of
persons who spoke, copies of notices and affidavits pertaining thereto.
D. Special studies performed to assist in the evaluation of requests, including
but not limited to, environmental assessments and related documentation.
E. Decisions, including resolutions, ordinances, findings, and conditions of
approval.
SECTION 25: ESMC Chapter 15-29 regarding Parking In -lieu Fees is renumbered as
Chapter 15-33 and new ESMC Chapter 15-29 regarding Appeals is added as follows:
ORDINANCE No. 1629
Page 53 of 57
Chapter 29
APPEALS
15-29-1: PURPOSE
15-29-2: APPEAL OF DIRECTOR'S DECISION
15-29-3: APPEAL OF PLANNING COMMISSION DECISION
15-29-4: CITY COUNCIL ACTION
15-29-5: ADVERSE DECISION BY CITY COUNCIL
15-29-1: PURPOSE
The purpose of this Chapter is to establish procedures for appeal of Director and
Planning Commission decisions for those individuals aggrieved by those
decisions.
15-29-2: APPEAL OF DIRECTOR'S DECISION
A. Any individual may appeal a decision or determination of the Director to the
Planning Commission. The appeal shall be made within 10 calendar days
after the date of the Director's decision by filing a letter of appeal, with the
required appeal fee, with the secretary of the Planning Commission. In the
event that the tenth day falls on a holiday or weekend, the appeal letter may
be filed on the next business day. Any appeal of an administrative use
permit must be received, with the required appeal fee, prior to the decision
being received and filed by the Planning Commission. All appeals shall state
specifically wherein it is claimed there was an error or abuse of discretion
by the decision maker or where a decision is not supported by the evidence
in the record.
B. Following the receipt of an appeal, the Secretary shall transmit to the
Planning Commission the letter of appeal, the application and all other
papers constituting the record upon which the action of the Director was
taken. The Planning Commission shall hold at least one public hearing, in
the manner prescribed in Chapter 28 of this Title, on the matter. The hearing
shall be held within 40 calendar days of the appeal request, and the
Planning Commission may affirm, reverse, or modify the Director's decision.
The decision of the Planning Commission is appealable to the City Council,
pursuant to Section 15-29-3 of this Chapter.
15-29-3: APPEAL OF PLANNING COMMISSION DECISION
A. Any individual may appeal a decision of the Planning Commission to the
City Council, except a decision regarding a Coastal Development Permit.
The appeal shall be made within 10 calendar days after the date of the
Planning Commission decision by filing a letter of appeal and paying the
ORDINANCE No. 1629
Page 54 of 57
required appeal fee with the City Clerk. In the event that the tenth day falls
on a holiday or weekend, the appeal letter may be filed on the next business
day. The appeal shall state specifically wherein it is claimed there was an
error or abuse of discretion by the Planning Commission or a decision is not
supported by the evidence in the record.
B. Scope of Hearing on Appeal: Appeals shall be reviewed de novo. The City
Council is not bound by the decision that has been appealed or limited to
the issues raised on appeal.
C. Coastal Development Permits. Planning Commission decisions on Coastal
Development Permits are appealable directly to the Coastal Commission.
An appeal of a Coastal Development Permit decision must be filed pursuant
to 14 Cal. Code Regs § 13111(c). The appeal must be received in the
Coastal Commission district office with jurisdiction over El Segundo on or
before the tenth working day after receipt of the notice of the permit decision
by the Coastal Commission's executive director. 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 to 65957.1.
15-29-4: CITY COUNCIL ACTION
The City Council shall hold at least one hearing, in the manner prescribed in
Chapter 28 of this Title, on the decision of the Planning Commission which has
been appealed. The hearing shall be held within 40 calendar days of the appeal
request. The City Council may affirm, reverse or modify a decision of the Planning
Commission„ provided, that if an appealed decision is reversed or modified, the
City Council shall, on the basis of the record transmitted and such additional
evidence as may be submitted, make the findings required by this Chapter a
prerequisite to granting the application or shall specifically decline to make such
findings. The decision of the City Council shall be final.
15-29-5: ADVERSE DECISION BY CITY COUNCIL
If the City Council, upon appeal of a Planning Commission decision, proposes an
action that is in any way contrary to the recommendations of the Planning
Commission, it may, before final action is taken, request further information from
the Planning Commission on the matter. Failure of the Planning Commission to
report to the City Council within 40 calendar days after the request may be deemed
to be consent by the Planning Commission to the proposed change.
SECTION 26. ESMC Chapter 15-30 regarding Site Plan Review is deleted.
ORDINANCE No. 1629
Page 55 of 57
SECTION 27: 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 28: 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 29: 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 ESMC or other city ordinance by this Ordinance will be
rendered void and cause such previous ESMC provision or other the city ordinance to
remain in full force and effect for all purposes.
SECTION 0: 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 provisions or applications and, to this
end, the provisions of this Ordinance are severable.
SECTION 31: 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 15 days after the passage and adoption of this Ordinance, cause it to be published
or posted in accordance with California law.
ORDINANCE No. 1629
Page 56 of 57
SECTION 32: This Ordinance will go into effect and be in full force and effect 30 days
after its passage and adoption.
PASSED AND ADOPTED this 16t" day of November, 2021,
Drew Boyles,' ayor
ATTEST:
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. 1629 was duly introduced by said City Council at a regular meeting held
on the 2"d day of November, 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 16th day of November, 2021, and the same was so
passed and adopted by the following vote:
AYES: Mayor Boyles, Mayor Pro Tern Pimentel, Council Member Pirsztuk, Council
Member Nicol, and Council Member Giroux
NOES: None
ABSENT: None
ABSTAIN: None
Tracy Weai6r, City Clerk
APPROVED AS TO FORM:.
By:
Mark P,
Hensley, C y Attorney
ORDINANCE No. 1629
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