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ORDINANCE 1211ORDINANCE NO. 1211 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -299 AND ZONE TEXT AMENDMENT ZTA 92 -1, DELETING THE EXISTING TITLE 19 AND 20 OF THE EL SEGUNDO MUNICIPAL CODE, ADDING A NEW TITLE 19 AND A NEW TITLE 20 TO THE EL SEGUNDO MUNICIPAL CODE RELATING TO SUBDIVISIONS AND ZONING, ADOPTION OF A NEW ZONING MAP, AND ADOPTION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS WHICH IS BASED ON A PREVIOUSLY CERTIFIED ENVIRONMENTAL IMPACT REPORT. PETITIONED BY THE CITY OF EL SEGUNDO. WHEREAS, on December 1, 1992, the City of El Segundo adopted a General Plan for the years 1992 - 2010; and WHEREAS, on December 1, 1992, the City of El Segundo certified a Environmental Impact Report as a complete and adequate document in accordance with the authority and criteria contained in the California Environmental Quality Act and the City of El Segundo Guidelines for the implementation of the California Environmental Quality Act and adopted a Statement of Overriding Consideration; and WHEREAS, on March 9, 1993, the Planning Commission and City Council did hold, pursuant to law, a duly - advertised public joint workshop to identify issues and concerns that should be addressed in the amendments to the subdivision and zoning codes, and notice of hearing was given in the time, form and manner prescribed by law; and WHEREAS, on March 19, 1993, the Planning Commission and City Council did hold, pursuant to law, a duly - advertised public joint bus tour of the City to further clarify development issues that should be addressed in the amendments to the subdivision and zoning codes, and notice of hearing was given in the time, form and manner prescribed by law; and WHEREAS, on June 10, June 17, June 24, July 8, July 15, July 22, July 26, July 29, August 5, and August 12, 1993, the Planning Commission did hold, pursuant to law, duly - advertised public hearings on such matters, and notice of hearing was given in the time, form and manner prescribed by law; and WHEREAS, on August 12, 1993, the Planning Commission adopted Resolution No. 2341 recommending to the City Council approval of Environmental Assessment No. EA -299 and Zone Text Amendment ZTA 92 -1 regarding amendments to the subdivision and zoning codes, the zoning map and the Smoky Hollow Specific Plan; and WHEREAS, on September 2, September 14, September 20, September 28, October 4, October 7, and November 2, 1993, the City Council did hold, pursuant to law, duly - advertised public hearings on such matters, and notice of hearing was given in the time, form and manner prescribed by law; and WHEREAS, opportunity was given to all persons who attended the hearings to present testimony or documentary evidence for or against EA -299 and ZTA 92 -1, the Subdivision Code, Zoning Code, Zoning Map, and Smoky Hollow Specific Plan; and WHEREAS, the City is authorized to adopt this Ordinance as an urgency ordinance pursuant to Government Code sections 36934 and 36937. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. FACTS. At said hearings the following facts were established: An Interim Zoning Ordinance is in effect for certain properties zoned C -M, M -1, and M -2 in the eastern half of the City. The Interim Zoning Ordinance will expire for the final time on November 4, 1993. 2. The existing language and standards of the Zoning Code are in need of simplification and clarification. 3. State Law requires that existing zoning be made consistent with a new General Plan. SECTION 2. ENVIRONMENTAL FINDINGS. The City Council makes the following findings concerning Environmental Assessment EA -299: The City Council previously adopted EA -275 and Ordinance No. 1189 certifying a Final Environmental Impact Report on December 1, 1992 for the 1992 General Plan finding that the Final EIR was a complete and adequate document properly identifying potential environmental impacts and potential mitigation measures to reduce the identified impacts. The proposed changes in the Subdivision Code, Zoning Code, and Zoning Map are not separate independent land -use actions. They are changes contemplated to implement the General Plan. There are no changes in the land -use designations or floor area ratios. Therefore, they are not likely to create any environmental impacts not already considered in and mitigated by the General Plan Final EIR. 2. The Initial Study for EA -299 was made available to all local agencies and for public review and comment in the time and manner prescribed by law. 3. The City Council has reviewed and considered the information contained in the Initial Study prior to approving Environmental Assessment EA -299 and Zone Text Amendment ZTA 92 -1. 4. That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which wildlife depends. 5. The City Council hereby determines that the project is covered by the previously certified General Plan Final EIR and directs the Director of Planning to file the required Notice of Determination and to file with the appropriate agencies a Certificate of Fee Exemption and De Minimus Findings pursuant to AB 3158 and the California Code of Regulations. SECTION 3. ZONE TEXT AMENDMENT FINDINGS. The City Council makes the following findings concerning Zone Text Amendment ZTA 92 -1: The proposed Subdivision Code, Title 19, is consistent with state law, specifically, the provisions of the Subdivision Map Act. 2. The proposed Zoning Code, Title 20, complies with the requirements of state law. 3. The proposed Zoning Code and the proposed Zoning Map are consistent with the 1992 General Plan. SECTION 4. SEXUALLY ORIENTED BUSINESS REGULATION FINDINGS. The City Council has relied on the reported experiences and studies of other communities in adopting the regulation of sexually oriented business ( "adult businesses ") by conditional use permit in the Urban Mixed -Use Zone, and as a result of these reports makes the following findings of fact: Experience of other communities, such as Detroit, Michigan; Phoenix, Arizona; San Jose, California; St. Paul, Minnesota; Indianapolis, Indiana; Whittier, California; Novato, California; Los Angeles County, California and other jurisdictions, demonstrates that uncontrolled location and concentration of adult businesses degrades the quality of the areas in which they are located by increasing crime rates and causing a blighting or "skid -row" effect. This blighting effect will have an increased impact in El Segundo because of its relatively small size and the concentrated nature of its residential and commercial development; 2. A reasonable regulation of the location and concentration of adult businesses will preserve the quality of urban life and property values for the residents and visitors of El Segundo, and will protect residents and visitors from the adverse secondary effects associated with these businesses, while providing reasonable opportunities for those businesses to locate in the City of El Segundo. The Urban Mixed -Use Zone has 93 acres of vacant land and approximately 25 existing buildings in which an adult business may reasonably locate. SECTION 5. URGENCY ORDINANCE FINDINGS. This Ordinance is hereby declared to be an urgency ordinance necessary for the immediate preservation of public peace, health, and safety and shall take effect immediately upon its adoption. The facts justifying its status as an urgency ordinance are as follows: A significant portion of the northeast quadrant of the City is operating under an Interim Zoning Ordinance which expires on November 4, 1993 and may not be extended beyond that date. The new Zoning Code must take effect immediately in order to replace the provisions of the Interim Zoning Ordinance and bring the Zoning Code into conformity with the 1992 General Plan. -2- SECTION 6. Existing Title 19 entitled "Subdivision Ordinance of the City of El Segundo" of the El Segundo Municipal Code is hereby repealed in its entirety and a new Title 19 entitled "Subdivisions" is hereby added to read as set forth in "Exhibit A ", attached hereto and incorporated herein by this reference. SECTION 7. Existing Title 20 entitled "The Comprehensive Zoning Ordinance" of the El Segundo Municipal Code is hereby repealed in its entirety and a new Title 20 entitled "Zoning Code" is hereby added to read as set forth in "Exhibit B" attached hereto and incorporated herein by this reference with the following provisions excluded: Chapter 20.42, SB Zone; Chapter 20.43, MM Zone; Chapter 20.44, GAC Zone; Chapter 20.45, MDR Zone; Chapter 20.46, Smoky Hollow Specific Plan; Section 20.54.020 F, tandem parking requirements for Smoky Hollow Zones; Section 20.54.030 and Section 20.54.040, provisions relating to 10% reduction for parking requirements in Smoky Hollow; Section 20.54.050 A.(3), tandem parking provisions for Smoky Hollow zones; Section 20.54.090, shared parking for Smoky Hollow Zones; Section 20.54.130, off -site parking for Smoky Hollow Zones; and Section 20.70.070, Nonconforming provisions for Smoky Hollow Zones. SECTION & The current Zoning Map, except for the land designated Small Business (SB) zone, Medium Manufacturing (MM) zone, Grand Avenue Commercial (GAC) zone, and Medium Density Residential (MDR) zone, is hereby repealed and a new Zoning Map is hereby adopted as set forth in "Exhibit C ", attached hereto and incorporated herein by this reference. SECTION 9. Section 16.24.040 of Chapter 16.24 of Title 16 of the El Segundo Municipal Code, relating to signs, is hereby repealed in its entirety. SECTION 10. Chapter 5.32 of Title 5 of the El Segundo Municipal Code, relating to signs, is hereby repealed in its entirety. SECTION 11. Mayor Carl Jacobson does not have any conflicts of interest in any portion of this Ordinance. SECTION 12. Mayor Pro Tem J.B. Wise does not have any conflicts of interests in any portion of this Ordinance. SECTION 13. Councilman Alan West does abstain from and did not participate in the deliberations and decision on the following portions of the Zoning Code: 1. Chapter 20.24 - R3 Zone; 2. Chapter 20.31 - CRS Zone; and 3. Chapter 20.54 - Parking and Loading Spaces - Section 20.54.030 A.(2); Section 20.54.050A(1) for multi - family dwellings; Section 20.54.050A.(3) for CRS tandem parking provisions; Section 20.54.050 C. for covered parking for multi- family; and Section 20.54.050 F. entrance and exit requirements for R -3 zone. SECTION 14. Councilman Michael Robbins does abstain from and did not participate in deliberations and decisions on the following portions on the Zoning Code: 1. Chapter 20.12 - General Provisions - Section 20.12.160 - Helistops; 2. Chapter 20.18 - Open Space Zone for Hughes Employees Park and Southern California Edison Right -of -Way Property Only; 3. Chapter 20.30 - Public Facility Zone for Property Along Hughes Way Only; 4. Chapter 20.33 - C3 Zone; 5. Chapter 20.34 - CO Zone; 6. Chapter 20.36 - MU Zone; 7 Chapter 20.40 - M 1 Zone; 8. Chapter 20.41 - M2 Zone for property east of Sepulveda only; 9. Chapter 20.54 - Parking and Loading Spaces - Section 20.54.020 E.; Section 20.54.030 C.(1), (3), (4) and (6); Section 20.54.050 A. (1) for non - residential zones; Section 20.54.050 A. (3) tandem parking provisions for C3, MU, M1 and M2 zones; Section 20.54.050 D. (1) underground parking for commercial and industrial zones; Section 20.54.060; and Section 20.54.100. 10. Chapter 20.55 - TDM Ordinance; 11. Chapter 20.56 - TSM Ordinance; and 12. Chapter 20.70 - Non - conforming Building & Use - Section 20.70.060. -3- SECTION 15. Councilman Richard Switz does not have any conflicts of interest in any portion of this Ordinance. SECTION 16. The City Council hereby adopts a negative declaration for Zone Text Amendment ZTA 92 -1 since the Initial Study does not identify any significant adverse impact on the environment by the project that were not considered in and mitigated by the previously certified Final EIR for the 1992 General Plan. SECTION 17. Ordinance No. 1197 extending the provisions of the Interim Zoning Ordinance under Ordinance No. 1188 is hereby repealed and rescinded. SECTION 18 This Ordinance shall expire and be of no further force or effect on January 3, 1994. SECTION 19. The City Clerk shall certify to the adoption of this Ordinance and shall post the same in the manner prescribed by law. PASSED, APPROVED AND ADOPTED this 2nd Carl Jacobson; ' ayes of the City : l Segundo, Californ' ATTESTED: 7 r 1 C' dy Mortes "n, ity Cl' er c (SEAL) APPROVED AS TO FORM: City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF EL SEGUNDO ) 1993. I HEREBY CERTIFY that the foregoing Ordinance No. 1211 was introduced and adopted as an urgency ordinance at a regular meeting of the City Council of the City of El Segundo held on the 2nd day of November 1993, by the following vote to wit: AYES: Mayor Jacobson, Mayor ProTem Wise, Councilman West, Councilman Switz, and Councilman Robbins. NOES: None ABSENT: None ABSTAINED: None NOT PARTICIPATING: None ndy Mortese , 'City/Clerk (SEAL) -4-