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ORDINANCE 57903 ..1"' ORDINANCE NO. 579 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING ORDINANCE NO. 507 (THE COMPREHENSIVE ZONING ORDINANCE) OF SAID CITY IN VARIOUS PARTICULARS. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALI- FORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That two new sections, to be known and designa- ted as "205. 1" and "276. 1, " shall be, and the same are hereby, added to Article 2 of Ordinance No. 507 (the Comprehensive Zoning Ordinance) of the City of El Segundo, California, and which new sections shall read as follows: "SEC. 205. 1. ANTIQUE STORES. Any retail establishment whose principal business is the offering for sale any articles which, because of age, rarity, or historical significance, has a monetary value greater than the original value, or which has an age recog- nized by the United States Government as entitling the article to an import duty less than that prescribed for contemporary merchan- dise. A store or shop selling such articles or offering them for sale shall be considered as an antique shop or store and not con- sidered as a dealership handling used or secondhand merchandise. "SEC. 276. 1. SECONDHAND STORES. Any retail estab- lishment in which the principal proportion of the articles, com- modities, or merchandise handled, offered for sale, or sold on the premises, are not new. Secondhand stores shall not be con- sidered as including antique stores or pawn shops. " SECTION 2. That subsection (2) of Section 900 of Article 9 of said Ordinance No. 507 shall be, and the same is hereby, amended so as to read as follows: "(2) Antique shops. " SECTION 3. That the title of Article 17 of said Ordinance No. 507 shall be, and the same is hereby, amended so as to read as follows: "ARTICLE 17. VARIANCES, CONDITIONAL USE PERMITS AND ADJUSTMENTS. " SECTION 4. That twelve new sections shall be and the same are hereby added to Section 1700 of Article 17 of said Ordinance No. 507, and which new sections shall read as follows: "SEC. 1717. ADJUSTMENTS. Whenever a strict interpreta- tion of the provisions of this ordinance or its application to any specific case or situation pertaining to height or position of wall, -1- • - ' N� i hedge or fence would result in the unreasonable deprivation of the use or enjoyment of property, an adjustment may be granted in respect to height or position of wall, fence or hedge, subject to the following restriction and in the manner hereafter provided: (1) No adjustment shall be made to permit a wall, hedge or fence to exceed eight feet in height. "SEC. 1718. PROCEDURE. The applicant for such ad- justment shall apply therefor in writing in letter form, stating the adjustment desired and explaining wherein the strict inter- pretation of the ordinance would result in the unreasonable deprivation of the use or enjoyment of his property. The appli- cant shall submit with said application, a fee of $10. 00 to cover the cost of investigation and postage. "SEC. 1719. SETTING FOR HEARING. The Zoning Adminis- trator shall set the matter for public hearing by mailing notice thereof to the applicant and the owners of abutting property by first class mail at least ten days prior to the hearing. The re- 17uested adjustment shall be heard before the Commission's ' HEARING OFFICER" who shall be the Zoning Administrator or a member of the Planning Commission appointed by the Chair- man of the Planning Commission, or both. 'SEC. 1720. ABUTTING. DEFINED. As used in this part, abutting property means property which is contiguous to the pro- perty that is the subject of the application or is separated from it only by a street or alley. "SEC. 1721. NECESSARY FINDINGS. No adjustment shall be granted unless the following findings are made: (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. (3) That the proposed adjustment is consistent with the legislative intent of this ordinance. "SEC. 1722. CONDITIONS. Whenever any adjustment is granted, the Hearing Officer hearing the matter shall impose such conditions as may be necessary to safeguard the interests of the neighborhood or district and in all cases shall impose the following conditions: (1) That the adjustment shall not become effective until seven days from the granting thereof shall have elap- sed, or if an appeal is taken therefrom, or a review called for, until final determination has been made on the appeal or review. (2) That the adjustment shall become null and void if the privileges granted thereunder shall not have been utilized within one hundred eighty days from the effective date thereof. "SEC. 1723. HEARING. The hearing on an adjustment shall be held not sooner than ten, days after the date of the application -2- ary . l and shall be determined by the Hearing Officer within ten days after such hearing. 'SEC. 1724. NOTIFICATION. Copies of the Findings and Decision of the Hearing Officer shall be mailed, on the date there- of, to each member of the Planning Commission and to the appli- cant. "SEC. 1725. APPEAL. Within seven days after the Hear- ing Officer's Findings and Decision have been mailed to the appli- cant and each member of the Planning Commission, the applicant, or any person, may appeal to the Planning Commission. An appeal may be taken by filing a written notice of appeal, in letter form, to the Planning Commission. "SEC. 1726. REVIEW. At any time within seven days after copies of the Findings and Decision of the Hearing Officer shall have been mailed to the members of the Planning Commission, any member of the Planning Commission may call the matter for review by the Planning Commission by notifying the Secretary of the Planning Commission, in writing, that such matter is called for review by the Planning Commission. "SEC. 1727. WHEN FINAL. If no appeal is taken and no review called for within seven days after the Findings and Deci- sion of the Hearing Officer have been mailed to the members of the Commission and to the applicant, the decision of the Hearing Officer shall be final. "SEC. 1728. APPEAL OR REVIEW. HEARING BY PLAN- NING COMMISSION. In the event an appeal is taken or a review called for, the matter shall be set for public hearing before the Planning Commission at its next regular meeting occurring later than twelve days after the appeal is taken or review called, and notice of the time and place of said hearing shall be given by the Planning Commission to the applicant and to the owners of abutting property by first class mail at least ten days prior to the hearing. The Planning Commission shall determine the matter within forty days of the date of their hearing and the decision of the Planning Commission thereon shall be final, sub- ject to the further and same right of appeal to the City Council as provided in Sec. 1709, for the appeal from denial of a Vari- ance or Conditional Use Permit. " SECTION 5. That subsection (9) shall be and the same is hereby added to Section 600 of Article 6 of said Ordinance No. 507, and which subsection shall read as follows: "(9) Private clubs, fraternities, sororities and lodges, excepting those the chief activity of which is a ser- vice customarily carried on as a business, subject to the issuance of a Conditional Use Permit. " SECTION 6. That this ordinance shall become effective at midnight on the thirtieth day from and after the final passage and adoption thereof. SECTION 7. That the City Clerk shall certify to the pass- age and adoption of this ordinance; shall cause the same to be entered -3- in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall, within fifteen days after the passage and adoption thereof, cause the same to be published once in the El Segundo Herald, a weekly newspaper of general circula- tion, published and circulated within said City of El Segundo and which is hereby designated for that purpose. Passed, approved and adopted this 19th October, 1961. ATTEST: City Clerk (SEAL) Mayor of e City of egun o, a i ornia. -4- STATE OF CALIFORNIA, } COUNTY OF LOS ANGELES, } CITY OF EL SEGUNDO. } City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being Ordinance No579 ....... , is a full , true and correct original of Ordinance No <.579, . o , .. , of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING ORDINANCE NO. 507 (THE COMPREHENSIVE ZONING ORDINANCE) OF SAID CITY IN VARIOUS PARTICULARS. which was duly passed and adopted by the said City Council, approved and signed an adjourned by the Mayor of said City, and attested by the City Clerk of said City, all at 0 regular meeting of the said Council held on thet. a9th .... day of.. QciQbvr....... , 1901...., and that the some was so passed and adopted by the following vote: AYES: Councilmen. Kimppxt,. Mayox$aker;....... NOES: Councilmen. .None; ........... . .. ............................... . ABSENT: Counc iimane FrederickO O O O p e poop .. o .. e ...., ................. „ e .......... ........ I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing Ordinance No. .57.9 . was duly and regularly published according to law and the order of the City Council of said City in the El Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within the said City and that the same was so pub - ished therein on the following date, to wit.-, . . ......................... (SEAL) J q -Z! o City Clerk of the City of El Segundo, California. By......... ............................... Deputy __j Affidavit of Publication STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) as CITY OF EL SEGUNDO ) Marlon �... eW .;.).mb ................... ....... being first duly sworn, deposes and says: That She is, and at all of the times hereinafter mentioned was, a citizen of the United States of America, over the age of eighteen years, and a resident of the County of Los Angeles, State of California; that9he was, at, and during all of the time of the publication of the instrument hereunto attached the ............ ................ pr.in.c ip.a.1.....c lerk------------------------------------.---.........--------............................--.....................................................---- BMW of EL SEGUNDO HERALD, s newspaper of general circulation, published and circulated weekly in the City of El Segundo, in said County and State; that said newspaper has been so published and circulated at regular intervals of one week for more than one year immediately preceding the publication of the instrument hereunto annexed; that said newspaper is, and was, at all of the times herein mentioned, a newspaper of general circulation within the meaning of Section 4460 of the Political Code of the State of California; that as provided by said section, said newspaper is published for the dissemination of local or telegraphic news and intelligence of a general character, having a bona fide subscription list of paying subscribers; that said newspaper is not and was not at any of the times herein referred , to, devoted to the interests, or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination, or for any number of such classes, pr ofessions,.trades, callings, races or denominations, and that said newspaper is not devoted to or published for, nor was it at any of the times herein mentioned devoted to or published for the purpose, whether avowed or otherwise, of entertaining or instructing such classes, professions, trades, callings, races or denomin- ations, or any of such classes, professions, trades, callings, races or denominations. That the notice, order, ordinance, resolution or instrument hereunto attached on page ............ numbered hereof in all respects, including subject matter, and size and arrangement of type, is a full true and correct copy of the said notice, ordinance, resolution or instrument, in words and figures exactly as published; that the same was set and printed in type not smaller than nonpareil and that the body of the same was preceded with words printed in black -face type not smaller than nonpareil, describing and expressing in general terms the purpose and character of the notice, order, ordinance, resolution or instrument intended to be published, as will appear from an inspection of the said annexed instru- ment; that the .... d % . n .2....�1. .:..... �J.. 7. 9....... ...................... ................ ............... _. of which the annexed is a printed copy as hereinabove stated, was published and printed in said news- paper at} least .............1....... week ......... by -- ----............-- ......- - -. - -. consecutive publication ......... commencing on the ........ .r�+. ft 41. -day Of .................... Q.(.Z. t..a...................... A. D. 1K 1.., and ending on the ........ ......... 6th. ! day of .................... ..............Qct..- ........... A. D. 19.51 and as often during said time as said newspaper was regu- larly issued, to- wit: ..._ ......................................................_._........--............................. .............._................ ............ October 2 E1? E 1 . .... .a. _ ................................................... ............................... .............................. _...................... . ............ --..............-------- .................. ........ .......... .. .......... .................. /.. .... ... ... t.� C .... _........... Subscribed d swe to before me this ..... ..0....... day of ..... ...................... A. D. 19...w.�. ....rLcC........... .a' .-- City clerk of the City of El Segundo, County of Los Angeles, State of California. By..................................................................... ............................... Deputy City Clerk ad said City.