Loading...
ORDINANCE 1224ORDINANCE NO. 1224 AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ESTABLISHING STANDARDS REGARDING THE APPLICATION OF CHAPTER 20.58, SOUND TRANSMISSION CONTROL OF THE EL SEGUNDO ZONING CODE AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: This Interim Zoning Ordinance is adopted pursuant to the terms and conditions of Section 65858 of the Government Code. SECTION 2: The City Council of the City of El Segundo hereby finds that there is a current and immediate threat to the public health, safety and welfare necessitating adoption of this Interim Zoning Ordinance. The City Council further finds that the continued application of the standards for sound transmission control under Chapter 20.58 of the El Segundo Zoning Code would result in a threat to the public health, safety or welfare. standards: SECTION 3: The City Council hereby adopts the following interim (1) Except as provided herein, all other provisions of the El Segundo Zoning and Subdivision Code contained in Chapters 19 and 20 of the El Segundo Municipal Code shall remain in full force and effect. (2) The provisions herein supersede and assume precedence over all provisions of Interim Zoning Ordinance No. 1221. (3) No Building permit or other use entitlement shall be approved or issued for residential properties subject to Chapter 20.58, Sound Transmission Control, unless such permit or entitlement is in conformance with the standards and requirements of this Interim Zoning Ordinance. (4) Projects authorized by existing, approved precise plan, specific plan, conditional use permit, development agreement or similar land use entitlement shall be exempt from the provisions of this Interim Zoning Ordinance. (5) The provisions of City Council Resolution No. 3805, Procedures for the Implementation of the Provisions of the California Environmental Quality Act, shall remain in full force and effect. (6) Existing non - conforming uses or structures shall continue to be subject to the provisions of Chapter 20.70 of the El Segundo Municipal Code. (7) Amendment to Section 20.58.020 of Chapter 20.58. Amend subparagraph D to read as follows: "D. The location and boundaries of the 65 -70 Db CNEL and 71 -75 Db CNEL Noise Zones are shown and delineated on the Noise Contour Map of the City, which map is part of this title when adopted by ordinance passed by the City Council in a manner described by law. The Noise Contour Map shows the noise contours predicted by the Department of Airports for the year 2000. A copy of the Noise Contour Map is attached as Exhibit A to Ordinance No. 1224 and incorporated herein by this reference. The predicted contours of the Noise Contour Map are based upon the federally mandated conversion of all U.S. commercial aircraft to Stage Three, quiet configurations. If, after 100% fleet conversion to Stage Three, the noise contours depicted herein prove incorrect, the location and boundaries of the Sound Transmission Control Zone will be 1 appropriately modified to include all homes within the then current 65 Db CNEL contour. Annual adjustments to the map may be made by the City Council thereafter." (8) Amendment to Section 20.58.040 of Chapter 20.58. Amend subparagraph B to read as follows: "B. Room additions may be made to existing Group R buildings within the 65 Db CNEL noise zone without making the entire building comply with all the requirements of this chapter. The plans for all habitable rooms added to existing structures shall be verified for compliance with the applicable sections of this Chapter by an architect, engineer or contractor, licensed in the state of California." (9) Amendment to Section 20.58.040 of Chapter 20.58. Amend subparagraph D to read as follows: "D. Deviation from the standards provided herein is permissible so long as the plans and materials list are verified to comply with and achieve the 45 Db CNEL standard for every habitable room constructed. Only verification by an architect, engineer, or contractor licensed in the state of California is acceptable." (10) Amendment to subparagraph E of Section 20.58.040 of Chapter 20.58. Change the word "measurement" to "analysis" at the end of the first sentence. (11) Amendment to Section 20.58.040 of Chapter 20.58. Add new subparagraphs G, H, I and J to read as follows: "G. Residential modifications referred to in Sections 20.58.070 and 20.58.080 include any residential building or structure which is erected, constructed, enlarged, altered or improved, other than addition of a full, separable, habitable room. Such modifications shall require that the entire residence receive residential sound insulation treatment sufficient to conform with the requirements of this Chapter only if the total cost of the planned modification is an amount equal to 75% or greater of the assessed value of the structure. The assessed value of the structure may be measured by either of the following formulas: (1) the most current county tax assessment for the property minus the assessed value of the land, or (2) a current appraisal of the structure from a licensed appraiser. H. Any additions, alterations, or repairs to existing residential buildings or structures other than those described in subparagraph I of this Section, are exempt from compliance with this Chapter if (1) the total square footage does not exceed five hundred (500) square feet, and (2) the house has not previously been insulated in accordance with this Chapter. I. The addition of a room is subject to conformance with the sound insulation requirements of this Chapter if that room meets the three criteria listed below: The room is habitable: A habitable room is defined in the Uniform Building Code (UBC) as the "space in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space." 2. The room is separable: A separable room is one which may be acoustically isolated from the rest of the residence, typically by closing a door. 3. The room is a "full" room: A "full" room is one which is not an extension or expansion of a previously existing room. The square footage of a "full" room, as defined here, is additive to the existing structure's floor space. J. Any additions, alterations, enlargements, improvement or repairs to existing residential buildings or structures of any habitable space in a home that has been insulated through any noise mitigation program sponsored by the City shall be insulated against noise in accordance with this Chapter." (12) Amendment to Section 20.58.080 of Chapter 20.58. Remove and replace the title of the section to read as follows: 20.58.080 MODIFICATION REQUIREMENTS FOR EXISTING RESIDENTIAL BUILDINGS IN TITS 65 Db CNEL TO 70 Db CNEL NOISE ZONE SECTION 4: This Interim Zoning Ordinance is hereby declared to be an urgency measure necessary for the current and immediate protection of the public health, safety and welfare and shall take effect immediately upon its adoption by not less than four - fifths (4/5) vote of the City Council of the City of El Segundo. The facts constituting such urgency are as follows: "The City Council has found in Section 2 of this Ordinance that the approval of any land use entitlement not subject to the standards set forth in this Interim Zoning Ordinance would result in an immediate threat to the public health, safety and welfare." SECTION 5: A public hearing shall be held before the City Council on or before July 22, 1994, in the Council Chamber of the City Hall for the purpose of considering an extension of this Interim Zoning Ordinance for a period of time as authorized by law, and notice shall be given of such hearing in the time, form and manner required by law. SECTION 6: This Interim Zoning Ordinance shall take effect immediately upon its adoption and shall continue in effect for forty -five (4 5) after the adoption hereof unless extended as authorized by law. SECTION 7: 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 note of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within 15 days after the passage or adoption thereof cause the same to be published or posted in accordance with the law. PASSED, APPROVED, AND ADOPTED this 7th day Bf JiMe, 1994. ATTES y Mol Clerk ;eland OVED AS TO FORM: CC C. Dolley, City Attorney 3 Cartlacobs ayor City of El Wgundo, California STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO 1 I, Cindy Mortesen, 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. 1224 is a full, true correct original of ORDINANCE NO. 1224 of the said City of El Segundo, California, entitled: AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ESTABLISHING STANDARDS REGARDING THE APPLICATION OF CHAPTER 20.58, SOUND TRANSMISSION CONTROL OF THE EL SEGUNDO ZONING CODE AND DECLARING THE URGENCY THEREOF. which was duly passed and adopted by the said City Council, approved and signed by the Mayor or said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 7TH DAY OF JUNE, 1994, and the same was so passed and adopted by the following vote: AYES: Mayor Jacobson, Mayor ProTem Weston, Councilman Robbins and Councilwoman Friedkin. NOES: NONE ABSENT: Councilman Switz NOT PARTICIPATING: NONE 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. 1224, was posted and/or published in the manner prescribed by law. CIPM-Y-140)KAAN City Clerk of the City of El Segundo, California (SEAL)