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ORDINANCE 1137ORDINANCE NO. 1137 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING THE EL SEGUNDO MUNICIPAL CODE BY AMENDING TITLE 20 (THE COMPREHENSIVE ZONING ORDINANCE) RELATING TO CERTAIN DEFINITIONS THEREIN; RELATING TO THE RESIDENTIAL 3 (R -3) ZONE; AND RELATING TO CHAPTER 20.54 ON -SITE PARKING AND LOADING. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 20.08.020 of Chapter 20.08, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.08.020 ALLEY. "Alley" means a public thoroughfare or way having a width of not more than twenty (20) feet which affords a means of access to abutting property. SECTION 2. Section 20.08.035 of Chapter 20.08, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.08.035 APARTMENT. "Apartment" means a room, or a suite of two or more rooms in a multiple dwelling, occupied or suitable for occupancy as a dwelling unit for one household. SECTION 3. Sections 20.08.040, 20.08.045, and 20.08.050 of Chapter 20.08, Title 20, of the El Segundo Municipal Code are hereby deleted in their entirety. SECTION 4. Section 20.08.080 of Chapter 20.08, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.08.080 BUILDING HEIGHT. "Building Height" means the vertical distance measured from the existing grade to the highest element of the building structure, unless otherwise specified. SECTION 5. Section 20.08.170 of Chapter 20.08 of Title 20 of the El Segundo Municipal Code is amended to read as follows: 20.08.170 DWELLING UNIT. "Dwelling Unit" means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, for not more than one household. SECTION 6. Section 20.08.210 of Chapter 20.08, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.08.210 GRADE - NATURAL. "Natural Grade" means the grade measured at each point on the lot before commencement of work. SECTION 7. Section 20.08.282 of Chapter 20.08, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.08.282 LOT COVERAGE. "Lot Coverage" means: (1) A covered floor area included within and measured from the outside of the exterior walls of a building including, but not limited to: dwelling units, lobby area, and elevators; and (2) An area not provided with surrounding exterior walls, if located under a roof, or other covering; including, but not limited to areas covered by stairways and walkways which provide ingress and egress. Private balconies and decks (not providing required ingress and egress) that are five (5) feet or less in width as measured from the exterior building wall shall not be included in computing lot coverage. Any portion of private balconies and decks that extends more than five (5) feet from the building wall shall be included in lot coverage. -1- JOA:0- 040489.PL SECTION 8. Section 20.08.513 shall be added to Chapter 20.08, Title 20, of the El Segundo Municipal Code to read as follows: 20.08.513 YARD, REAR. "Rear Yard" means an area extending across the full width of the lot and lying between the lot rear line and a line parallel thereto and having a distance between them equal to the required rear yard depth as prescribed in each zone. Rear yards shall be measured by a line at right angles to the rear line or by the radial line in the case of a curved rear line. When a lot lies partially within a planned street indicated on a precise plan for such a street and where such planned street is of the type that will afford legal access to the lot, the depth of the rear yard shall be measured from the contiguous edge of the planned street in the manner prescribed in this definition. SECTION 9. Section 20.08.520 of Chapter 20.08, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.08.520 YARD, SIDE. "Side Yard" means a yard between the main building and the lot side line extending from the rear line of the required front yard to the rear line of the required rear yard. The width of the side yard shall be measured horizontally from, and at right angles to the nearest point of a lot side line towards the nearest part of the main building (Plate 4). SECTION 10. Chapter 20.24 of Title 20 of the El Segundo Municipal Code is hereby deleted in its entirety. SECTION 11. Chapter 20.24 shall be added to Title 20 (The Comprehensive Zoning Ordinance) of the El Segundo Municipal Code to read as follows: Chapter 20.24 RESIDENTI4,L -3 (R -3) ZONE* Section: 20.24.010 Permitted uses. 20.24.015 Permitted uses subject to a conditional use permit. 20.24.020 Height. 20.24.025 Building Wall Modulation. 20.24.030 Front yard. 20.24.040 Side yards. 20.24.045 Rear yard. 20.24.047 Open space requirements. 20.24.050 Encroachment Into Required Yards. 20.24.060 Lot area. 20.24.070 Lot area per dwelling unit. 20.24.080 Lot width. 20.24.090 Permissible lot coverage. 20.24.100 Vehicular access. 20.24.200 Condominiums and conversions of existing multiple dwellings to condominiums - Subdivision Map Act compliance. 20.24.226 Sign Regulations. 20.24.228 Individual unit sign prohibited. 20.24.230 Subdivision map approval. 20.24.240 Approval Subject to Conditions. 20.24.010 PERMITTED USES. In the R -3 zone only the following uses are permitted and as hereinafter specifically provided and allowed by this chapter, subject to the provisions of Chapters 20.50 through 20.62 governing off - street parking requirements and other conditions and exceptions set forth therein. (1) Any use permitted in the R -2 zone and under the same conditions prescribed therein, except that the dimensions of required yards as set forth in this zone shall apply; (2) Boardinghouses and lodginghouses; (3) Day nurseries; (4) Educational institutions; (5) Group houses; - 2 - JOA:0- 040489.PL (6) Libraries (publicly owned); (7) Multiple family dwellings; (8) Private clubs, fraternities, sororities and lodges, excepting those the chief activity of which is a service customarily carried on as a business; (9) Rest homes; (10) Public parking area, developed and maintained as required by this chapter when the sideline of the lot or parcel on which it is located forms a common boundary with a lot or parcel zoned for commercial or industrial purposes, but in no case shall the property so used consist of more than two lots or parcels or be more than fifty feet in width, whichever is the lesser. 20.24.015 PERMITTED USES SUBJECT TO A CONDITIONAL USE PERMIT.7he following uses shall be permitted in the R -3 zone when constructed and maintained in accordance with a conditional use permit, pursuant to Chapter 20.74: (1) Condominiums converted from multiple dwellings that at the time they are converted to condominiums meet the requirements of this Chapter, and Chapter 20.54 of the El Segundo Municipal Code. (2) Private clubs, fraternities, sororities and lodges whose chief activity is a service customarily carried on as a business. 20.24.020 HEIGHT. (1) Except as provided herein, in the R -3 zone no building shall exceed the height of a warped plane established by measuring vertically from every point of the natural grade of the lot to a dimension of twenty -eight (28) feet above the existing grade. (2) The height may be increased to a maximum of thirty -six (36) feet for not more than sixty -five percent (65 %) of the allowable building footprint when either of the following conditions are met, or not more than seventy -five percent (75 %) of the allowable building footprint when two of the following conditions are met: (a) When only alley access is used; or (b) When the portion of the building exceeding 28 feet in height is set back a minimum of 5 additional feet from the required yard; or (3) In the R -3 Zone, building height does not include sloping roofs except where the vertical distance from the highest floor to the top of the vertical building wall is less than six (6) feet -eight (8) inches. (4) Mechanical equipment enclosures, chimneys, and architectural details may penetrate the height limit by not more than three feet. Screening of rooftop mechanical equipment shall be incorporated into the overall building design. 20.24.025 BUILDING WALL MODULATION. No building wall facing a property line shall exceed twenty -four (24) feet measured either horizontally or vertically with the exception that a wall plane with one dimension not exceeding thirty -six (36) inches may exceed twenty -four (24) feet in the other dimension. 20.24.030 FRONT YARD. (1) Except as provided in Section 20.24.050 every lot shall have a front yard the depth of which is twenty -five percent (25 %) of the depth of the lot, up to a maximum required depth of twenty (20) feet, provided that the front yard requirement shall not be reduced by any subdivision filed after the effective date of this ordinance and affecting fewer than six (6) parcels. (2) For lots of one - hundred (100) foot width or more at the front property line, the required front yard may be reduced to a minimum of fifteen (15) feet, provided that a twenty (20) foot average setback is maintained. (3) A minimum of fifty percent (50 %) of the required front yard shall be planting area. 20.24.040 SIDE YARDS. In the R -3 zone every lot shall have a side yard adjacent to every side line as follows: - 3 - JOA:0- 040489.PL (1) Except as provided in Section 20.24.050, interior lots and corner lots shall have a side yard on each interior side of the lot, the width of which shall be five (5) feet. (2) Reverse corner lots (Plate 5) shall have the following side yards: A. On the lot side line which adjoins another lot, the side yard shall be determined in the same manner as for an interior lot. B. On the side street side the width of the required side yard shall be the same as for the interior side yard on the lot except that the size and shape of such required side yard nearest the lot rear line shall be increased to include all of that portion, if any, of a triangle formed in the following manner: (i) A point shall be established on the key lot at the rear of the reverse corner lot at the intersection of the rear line of the required front yard with the common lot line of the reverse corner lot. (ii) A point shall be established on the side line of the reversed corner lot distant from the common street corner of the key lot and the reverse corner lot equal to the depth of the required front yard on the key lot. (iii) The third side of the triangle shall be a straight line connecting the points established by (i) and (ii) above. If an alley intervenes between the key lot and the reverse corner lot, the width of the alley shall be included in determining the length of the line on the side street side line of the reverse corner lot. C. If the rear of a reverse corner lot abuts upon property classified for "C" or "M" purposes or if the rear of the reversed corner lot abuts upon property occupied by a nonconforming "C" or "M" use having an unamortized life of more than ten years as defined by this chapter for the abatement of nonconforming uses in R zones, then the provisions governing side yards on a corner lot shall apply to the reversed corner lot. (3) No intrusion after the first two feet of side yard is allowed at any level, except for trash enclosures located within the rear third of the lot if through -lot accessibility is maintained, as approved by the Director of Development Services. 20.24.045 REAR YARD. In the R -3 zone every lot shall have a rear yard of not less than five feet. 20.24.047 OPEN SPACE REQUIREMENTS. In the R -3 zone, two hundred square feet of useable open space per dwelling unit shall be provided. For the purposes of this section, "useable open space" shall mean common and private areas which provide amenities to the residents and guests, including but not limited to landscaped areas, decks and balconies with a width of not less than 6 feet, and indoor recreational facilities. Driveways or parking areas do not constitute useable open space. 20.24.050 PLACEMENT OF BUILDINGS AND STRUCTURES - ENCROACHMENT INTO REQUIRED YARDS. Placement of buildings and structures on any lot shall conform to the following: (1) Interior lots. A. A building or structure shall not occupy any portion of a required yard, except as provided in this Section. B. A building or structure may encroach up to 2 feet into a required yard provided that an equivalent volume is set back from the required yard. This encroachment shall not be allowed in any yard adjacent to a single family residence zone. C. The distance between buildings used for human habitation, between buildings used for human habitation and accessory buildings and between accessory buildings shall be not less than ten (10) feet; provided, the distance between buildings used for human habitation and accessory buildings, and the distance between accessory buildings may be reduced to not less than five (5) feet when no windows required by the building code are placed facing upon the open space. D. A freestanding accessory building on the rear third (1/3) of the lot may be built to one side line and the rear lot line, provided however that if the lot rears upon an alley and the vehicular entrance is from the alley, such accessory buildings shall maintain distance not less than five (5) feet from the rear line of the lot. - 4 - JOA:0- 040489.PL (2) Corner lots and reversed corner lots. A. A building or structure shall be subject to subsections (1) A, B and C above B. On the rear third of a corner lot an accessory building may be built to the interior lot side line and the lot rear line, provided however that if the lot rears upon an alley, the accessory buildings shall maintain a distance not less than five feet from the rear line of the lot unless the vehicular entrance to the accessory building is directly from the side street side. C. On the rear third of a reversed corner lot an accessory building may be built to the interior lot side line, but no building shall be erected closer than five feet to the property line of any abutting lot to the rear; provided, however, if an alley intervenes and the vehicular entrance to the accessory building is directly from the side street side, an accessory building may be built to the rear lot line. 20.24.060 LOT AREA. The minimum required area of a lot in the R -3 zone shall be five thousand square feet. 20.24.070 LOT AREA PER DWELLING UNIT. In the R -3 zone, the lot area per dwelling unit shall not be less than one thousand five hundred square feet. A fraction of a merged lot greater than one thousand feet will allow an additional unit. When merging a substandard size lot, defined as less than five thousand square feet in area, a fraction of a merged lot greater than five hundred feet will allow an additional unit. Substandard size lots are limited to two dwelling units. 20.24.080 LOT WIDTH. Every lot created after February 22, 1947, shall maintain a width of not less than fifty feet at the rear of the required front yard, provided, however, that any lot or parcel of land of record at the time this chapter becomes effective may be divided into separate parcels in accordance with the following schedule: (1) Lots having a frontage of at least eighty feet, but not more than eighty -eight feet: two parcels having a frontage of not less than forty feet each, and an area of not less than five thousand square feet each; (2) Lots having a frontage in excess of eighty -eight feet, but not more than two hundred feet may be divided into lots, provided no such resulting lot shall have a frontage of less than forty -four feet or an area less than five thousand square feet; (3) If any lot having a frontage of more than two hundred feet, the resultant lots shall conform to fifty foot minimum frontage established by this title. 20.24.090 PERMISSIBLE LOT COVERAGE. All buildings, including accessory buildings shall not cover more than fifty three percent (53 %) of the area of the lot. 20.24.100 VEHICULAR ACCESS. Where an R -3 lot abuts an alley, vehicular access to the lot shall be from the alley, unless otherwise approved by the Director of Development Services. The Director of Development Services shall consider the following in making each determination: the location and number of adjacent driveways, the availability of on- street parking, alley width, and any other factors deemed relevant. However, for all lots less than 5,000 sq. ft. in area which abut an alley, vehicular access from the alley is required. Curb cuts and driveways shall be installed in conformance with Section 20.54.060 F of this code. 20.24.200 CONDOMINIUMS AND CONVERSIONS OF EXISTING MULTIPLE DWELLINGS TO CONDOMINIUMS - SUBDIVISION MAP ACT COMPLIANCE. An application to construct a condominium and an application for a Conditional Use Permit to convert an existing multiple dwelling to condominiums shall also comply with the requirements of Division 2 of Title 7 of the Government Code, commencing with Section 66410 (Subdivision Map Act). The minimum number of units required for the construction of condominiums shall be three (3). 20.24.226 SIGN REGULATIONS. The following signs only shall be permitted: (1) In addition to the sign regulations set forth in Chapter 16.24 of this code the developer shall install, prior to occupancy, a permanent sign standard or monument that is for the sole purpose of unit owners advertising their units "For Sale," "For Rent," or "For Lease." The design for the sign standard and its location on the property shall be approved by the Director of Development Services prior to its installation. The aggregate one -side surface area of the sign shall not exceed nine square feet. No other "For Sale," "For Rent," or "For Lease" sign shall be permitted; (2) Name plates not exceeding two square feet in area containing the name of the occupant of the premises; -5- JOA:0- 040489.PL (3) One identification sign not exceeding twenty square feet in area for multiple - dwellings, churches, clubs, lodges, and similar permitted uses, provided the sign is stationary and nonflashing and is placed on the wall of the building and does not extend above or out from the front wall and contains no advertising except the name and street address of the building upon which placed; (4) For non - residential uses, one unlighted sign not exceeding twelve square feet in area pertaining only to the sale, lease or hire of only the particular building, property or premises upon which displayed; (5) Signs identifying persons engaged in construction on a site shall be permitted as long as construction is in progress but not to exceed a six month period; (6) Signs not exceeding an aggregate size of one hundred square feet of surface area advertising the sale of subdivisions and tract homes shall be permitted during the initial period of the development project, which period shall be deemed as beginning with the recording date of the subdivision map and terminating twelve months thereafter. 20.24.230 SUBDIVISION MAP APPROVAL. No tentative or final subdivision map for the conversion of an existing multiple dwelling to condominiums shall be approved until the conditional use permit for the project has been approved and adopted by the Planning Commission. 20.24.240 APPROVAL SUBJECT TO CONDITIONS. The Planning Commission may adopt any reasonable condition or restriction deemed necessary to achieve the intent and purpose set forth in this Chapter. SECTION 12. Subsection A(2) of Section 20.54.020, Chapter 20.08, Title 20, of the El Segundo Municipal Code is amended to read as follows: A. Residential Uses (2) Condominiums, resi- dential co -ops and multiple family dwellings - new construction or conversions: 2 spaces for each unit plus 1 visitor space for first 5 dwelling units and 1 visitor space for each additional 3 units. SECTION 13. Subsection A(1) of Section 20.54.060, Title 20, of the El Segundo Municipal Code is amended to read as follows: A. Stall Sizes and Aisle Widths. (1) Each nonresidential required parking stall shall be a minimum of eight and one - half feet wide by eighteen feet deep and any stall which is adjacent to a wall or other obstruction shall be one additional foot in width. For residential uses in R and P zones, required spaces shall be provided as follows: Single - family dwellings, each space shall be not less than ten feet wide and twenty feet deep. Two - family dwellings, each space shall be not less than nine feet wide and twenty feet deep; except where the lot is of substandard size, the minimum parking stall shall be eight and one -half feet wide by twenty feet deep. Multifamily dwellings, each space shall be not less than eight and one -half feet wide and twenty feet deep. For all residential parking which is required to be, or is provided, within a fully enclosed building, the dimensions noted herein shall be outside measurements. SECTION 14. Section 20.54.060, Chapter 20.54, Title 20, of the El Segundo Municipal Code is amended by adding Subsection C(4) thereto, to read as follows: (4) Tandem parking is allowed in the R -3 zone; it shall be restricted to two (2) vehicles in tandem, provided said spaces are designated for use by occupants of the same dwelling unit. Where vehicular access is provided by an alley, parking may intrude into the required rear yard; provided however, the amount of setback intruded upon shall be replaced by increasing the other required yards on site by an equivalent amount. SECTION 15. Section 20.54.060, Subsection F, Chapter 20.54, Title 20, of the El Segundo Municipal Code is amended to read as follows: JOA:0- 040489.PL F. Entrances and Exits. (1) The location and design of all entrances and exits shall be subject to approval of the Director of Development Services. No entrance or exit other than on or from an alley shall be closer than 5 feet to a side property line and no single opening to a parking area shall exceed a width of 26 feet. (2) In the R -3 zone, curb cuts and driveways in the front yard shall be no more than 20% of the lot width, with a minimum width of twelve (12) feet. Driveways shall not exceed twenty -six (26) feet in total width, regardless of lot width. The driveway for an R -3 lot shall be placed either to the left or right side of the lot. SECTION 16. Section 20.58.110 of Chapter 20.54, Title 20, of the El Segundo Municipal Code is amended by adding Subsection (7) thereto, to read as follows: (7) Bay windows or greenhouse windows. SECTION 17. Section 20.70.100 of Chapter 20.70, Title 20, of the El Segundo Municipal Code is amended read as follows: A nonconforming building may not be enlarged or structurally altered and a nonconforming use may not be expanded unless the enlargement or structural alteration or expansion makes the building or use conforming; provided, however, where a building or buildings and customary accessory buildings are nonconforming only by reason of substandard yards, open spaces, or excessive height, the provision of this title prohibiting structural alterations of an existing building shall not increase the degree of nonconformity of yards, open spaces, or height, and any enlargements shall observe the yards, open spaces, and height required on the lot. It is further provided, however, where a one story single family dwelling was lawfully erected and existed prior to May 14, 1954, and the dwelling is nonconforming by reason of a substandard side yard or yards, then an addition may be made to the rear of the dwelling providing all of the following requirements are complied with: (1) The width of the existing side yard shall not be decreased; (2) The width of the side yard shall in no case be reduced to less than three feet; (3) Only one side yard shall be affected by the addition; (4) The depth of the substandard side yard shall not extend beyond the required depth of a standard side yard. SECTION 18. This ordinance shall become effective at midnight on the thirtieth day from and after the date of the final passage and adoption thereof. SECTION 19. The City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered 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 circulation, published and circulated within said City of El Segundo and which is hereby designated for that purpose. PASSED, APPROVED and ADOPTED this 11th day o APRIL 1989 Mayor of the City ofEl Sejiino, California ATTEST.-- "'"`.- - City er -7- JOA:0- 040489.PL STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Ronald L. Hart 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 No. 1137 is a full, true correct original of Ordinance No. 1137 of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING THE EL SEGUNDO MUNICIPAL CODE BY AMENDING TITLE 20 (THE COMPREHENSIVE ZONING ORDINANCE) RELATING TO CERTAIN DEFINITIONS THEREIN; RELATING TO THE RESIDENTIAL 3 (R -3) ZONE; AND RELATING TO CHAPTER 20.54 ON -SITE PARKING AND LOADING. which was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 11th day of APRIL 1989 and the same was so passed and adopted by the following vote: AYES: Councilmembers: Anderson, Dannen, and Mayor Jacobson NOES: West ABSENT AND NOT VOTING: Clutter 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. 1137 was duly and regularly published according to law and the order of the City Council of said City of E1 Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within said City and that the same was so published therein on the following date, to �--- "City Clerk of the (SEAL) City of E1 Segundo, California