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ORDINANCE 1239ORDINANCE NO. 1239 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA 348 AND ZONE TEXT AMENDMENT 94 -1, AMENDING THE EL SEGUNDO MUNICIPAL CODE BY AMENDING VARIOUS SECTIONS OF TTTIE 20 (TIC ZONING CODE) RELATED TO THE SALE OF ALCOHOL, ALL OF WHICH ARE COVERED BY 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 Council certified, pursuant to law, an 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 November 16, 1993, the City Council did, pursuant to law, adopt a Negative Declaration of Environmental Impacts for the amendments to Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map, finding that there were no environmental impacts associated with the amendments that were not analyzed in the Master Environmental Impact Report certified by the City Council for the General Plan on December 1, 1992; and WHEREAS, on November 16, 1993, the City Council did, pursuant to law, adopt Ordinance No. 1212 adopting a new Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map; and WHEREAS, on February 23, 1995, the Planning Commission did hold, pursuant to law, a public workshop to review revisions to the Subdivision and Zoning Codes, including revisions affecting the sale of alcohol; and WHEREAS, on April 4, 1995, the City Council did hold, pursuant to law, a public meeting and directed staff to forward all requests for alcohol licenses to the Council for review; and WHEREAS, on July 10, 1995, the City Council did conduct, pursuant to law, a Quarterly Update of the Subdivision and Zoning Code and directed staff to amend the Zoning Code to implement changes in State law related to the sale of alcohol; and WHEREAS, on September 14, 1995, the Planning Commission did hold, pursuant to law, a duly advertised public hearing on revisions to the Zoning Code related to the sale of alcohol, and notice was given in the time, form and manner prescribed by law; and WHEREAS, on September 14, 1995 the Planning Commission adopted Resolution No. 2368 recommending to the City Council approval of Environmental Assessment No. EA -348 and Zone Text Amendment ZTA 94 -1 regarding amendments to the Zoning Code related to the sale of alcohol; and WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for or against EA -348 and ZTA 94 -1, the revisions to the Zoning Code related to the sale of alcohol; and WHEREAS, at said hearings the following facts were established: 1. Consistent with State law, the sale of alcohol may be more strictly regulated by the City and these changes can tie incorporated into Title 20 of the El Segundo Municipal Code. 2. The current Zoning Code does not address the sale of alcohol in all zones. NOW THEREFORE, BE IT RESOLVED that after consideration of the above facts and study of proposed Environmental Assessment EA -348 and ZTA 94 -1, the City Council finds as follows: GENERAL PLAN 1. The proposed Zone Text Amendment is consistent with the 1992 General Plan. ENVIRONMENTAL FINDINGS 1. 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 Zoning Code are not separate independent land -use actions. They are changes contemplated merely 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 by the General Plan Final EIR. 2. The City Council hereby determines that the project is covered by the previously certified Environmental Impact Report and the General Plan Program EIR adequately describes the proposed project for the purposes of complying with the California Environmental Quality Act (CEQA). 3. 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. 4. That within 10 days following the date of adoption of this ordinance, the City shall file a De Minimus Finding with the County of Los Angeles Recorders Office, pursuant to AB 3158 and the California Code of Regulations, and shall file a Notice of Exemption, pursuant to the California Environmental Quality Act. Until appropriate notices are filed with the County of Los Angeles, the project shall not be deemed to be vested and no permits may be issued. NOW T IERUORE BE IT FURTHER RESOLVED THAT the City Council hereby approves EA -348 and ZTA 94 -1 and adopts changes to the El Segundo Municipal Code as follows: SECTION 1. Section 20.31.020 A. of Chapter 20.31, Title 20, of the El Segundo Municipal Code is amended to read as follows: A. Retail uses providing sales (excluding off -site alcohol sales) and services; SECTION 2. Section 20.31.030 of Chapter 20.31, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.31.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. A. The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes; B. The off -site sale of alcohol at retail establishments; and, C. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 3. Section 20.31.040 A. of Chapter 20.3 1, Title 20, of the El Segundo Municipal Code is amended to read as follows: A. On -site sale and consumption of alcohol at bars; SECTION 4. Section 20.32.020 A. of Chapter 20.32, Title 20, of the El Segundo Municipal Code is amended to read as follows: 2 A. Neighborhood - serving commercial uses, including, but not limited to, retail sales (excluding off -site alcohol sales); SECTION S. Section 20.32.030 of Chapter 20.32, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.32.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. A. The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes; B. The off -site sale of alcohol at retail establishments; and, C. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 6. Section 20.32.040 A. of Chapter 20.32, Title 20, of the El Segundo Municipal Code is amended to read as follows: A. On -site sale and consumption of alcohol at bars; SECTION 7. Section 20.33.020 A. of Chapter 20.33, Title 20, of the El Segundo Municipal Code is amended to read as follows: A. Retail uses (excluding off -site alcohol sales); SECTION 8. Section 20.33.030 of Chapter 20.33, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.33.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. A. The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes; B. The off -site sale of alcohol at retail establishments; and, C. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 9. Section 20.33.040 A. of Chapter 20.33, Title 20, of the El Segundo Municipal Code is amended to read as follows: A. On -site sale and consumption of alcohol at bars; SECTION 10. Section 20.34.030 of Chapter 20.34, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.34.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. A. The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes; B. The off -site sale of alcohol at limited support service retail establishments as an accessory use; and, C. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 11. Section 20.34.040 A. of Chapter 20.34, Title 20, of the El Segundo Municipal Code is amended to read as follows: A. On -site sale and consumption of alcohol at bars; 3 SECTION 12. Section 20.36.020 H. of Chapter 20.36, Title 20, of the El Segundo Municipal Code is amended to read as follows: H. Retail (excluding off -site alcohol sales) and wholesale sales and service; SECTION 13. Section 20.36.030 of Chapter 20.36, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.36.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. A. The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes; B. The off -site sale of alcohol at retail establishments; C. Light industrial uses; and, D. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 14. Section 20.36.040 A. of Chapter 20.36, Title 20, of the El Segundo Municipal Code is amended to read as follows: A. On -site sale and consumption of alcohol at bars; SECTION 1S. Section 20.40.030 of Chapter 20.40, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.40.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. A. The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes; B. The off -site sale of alcohol at limited support service retail establishments as an accessory use; and, C. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 16. Section 20.41.030 of Chapter 20.41, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.41.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. A. The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes; B. The off -site sale of alcohol at limited support service retail establishments as an accessory use; and, C. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 17. Section 20.42.030 shall be added to Chapter 20.42, Title 20, of the El Segundo Municipal Code to read as follows: 20.42.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. A. The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes; B. The off -site sale of alcohol at permitted retail accessory establishments; and, 4 C. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 18. Section 20.43.030 shall be added to Chapter 20.43, Title 20, of the El Segundo Municipal Code to read as follows: 20.43.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. A. The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes; B. The off -site sale of alcohol at permitted retail establishments; and, C. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 19. Section 20.44.030 shall be added to Chapter 20.44, Title 20, of the El Segundo Municipal Code to read as follows: 20.44.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. A. The on -site sale and consumption of alcohol at restaurants, coffee shops, delicatessens, and cafes; B. The off -site sale of alcohol at retail establishments; and, C. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 20. Section 20.72.045 shall be added to Chapter 20.72, Title 20, of the El Segundo Municipal Code to read as follows: 20.72.045 FINDINGS FOR APPROVAL OF ALCOHOL SALES. Before an Administrative Use Permit may be granted, it shall be found that: A. The State Department of Alcohol Beverage Control has issued or will issue a license to sell alcohol to the applicant; B. 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; C. The proposed use is consistent and compatible with the purpose of the zone in which the site is located; D. 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, E. 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 21. Section 20.72.060 of Chapter 20.72, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.72.060 PLANNING COMMISSION REVIEW. Written determinations on non - alcohol related permits, made by the Director of Planning and Building Safety, shall 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 set for a formal public hearing before the Planning 5 Commission in the manner prescribed in Chapter 20.90. No decision of the Director of Planning and Building Safety is final until the decision is received and filed by the Planning Commission. Written determinations on alcohol related permits, made by the Director of Planning and Building Safety, shall be placed as receive and file items on the next available agenda of the City Council. Any City Council member may request that an item be set for a formal public hearing before the City Council in the manner prescribed in Chapter 20.90. No decision of the Director of Planning and Building Safety is final until the decision is received and filed by the City Council. SECTION 22. Section 20.74.040 of Chapter 20.74, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.74.040 AUTHORITY TO GRANT A CONDITIONAL USE PERMIT. The Planning Commission may grant a Conditional Use Permit upon application for such uses allowed by this title other than for alcohol sales at bars. The authority to approve Conditional Use Permits for alcohol sales at bars rests with the City Council. The Planning Commission shall conduct a public hearing for any Conditional Use Permit application for alcohol sales at bars and make a recommendation to the City Council, whose decision is final. SECTION 23. Section 20.74.060 of Chapter 20.74, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.74.060 CONDITIONAL USE PERMIT FINDINGS. A. Before a Conditional Use Permit may be granted, it shall be found: 1. That the proposed location of the conditional use is in accord with the objectives of this title and the purposes of the zone in which the site is located; 2. That the proposed location of the conditional 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. That the proposed conditional use will comply with each of the applicable provisions of this chapter. B. Before a Conditional Use Permit may be granted for the sale of alcohol, it shall be found that: 1. The State Department of Alcohol Beverage Control has issued or will issue a license to sell alcohol to the applicant; 2. 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 24. Section 20.74.112 shall be added to Chapter 20.74, Title 20, of the El Segundo Municipal Code to read as follows: 20.74.112 CITY COUNCIL HEARING PROCEDURE FOR ALCOHOL SALES. Within 40 calendar days following the termination of the proceedings of the Planning Commission public hearing, the City Council shall conduct a duly advertised public hearing on the matter and review the Planning Commissions recommendations. Public notice shall be given as provided in Chapter 20.90, Procedures for Hearings, Notice and Fee. SECTION 25. Section 20.74.115 shall be added to Chapter 20.74, Title 20, of the El Segundo Municipal Code to read as follows: 20.74.115 ALCOHOL SALES DECISION - ANNOUNCEMENT. The City Council shall announce its decision by resolution not more than 40 calendar days following the termination of proceedings of the hearing. SECTION 26. Section 20.74.117 shall be added to Chapter 20.74, Title 20, of the El Segundo Municipal Code to read as follows: 20.74.117 ALCOHOL SALES - NOTICE OF DECISION. Following the adoption by the City Council of a resolution ordering action on a Conditional Use Permit for alcohol sales at bars, one copy of the resolution shall be forwarded to the applicant at the address shown upon the application, and one copy shall be attached to the file. SECTION 27. This ordinance shall become effective at midnight on the thirtieth (30) day from and after the final passage and adoption hereof. SECTION 28. 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 21st dayof November . 1995. APPROVED AS TO FORM City Att rney 7 arl Jacob n, Mayor of the City of El Segundo, Calif ornia EA- 348.ORD STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) 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. 1239 is a full, true correct original of ORDINANCE NO. 1239 of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA., APPROVING ENVIRONMENTALASSESSMENTNO. EA- 34SANDZONE TEX TAMENDMBNT 94-1, AMENDING THE EL SEGUNDO MUNICIPAL CODE BY AMENDING VARIOUS SECTIONS OF TITLE 20 (THE ZONING CODE) RELATED TO THE SALE OF ALCOHOL, ALL OF WHICH ARE COVERED BY A PREVIOUSLY CERTIFIED ENVIRONMENTAL IMPACT REPORT. PETITIONED BY THE CITY OF EL SEGUNDO. 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 21st DAY OF November , 1995, and the same was so passed and adopted by the following vote: AYES: Mayor Jacobson, Mayor ProTem Weston, Councilman Switz, Councilman Robbins, and Councilwoman Friedkin. NOES: None ABSENT: None 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 1239, was posted and /or published in the manner prescribed by law. City of El Segundo, California (SEAL)