ORDINANCE 1251ORDINANCE NO. 1251
AN INTERIM ZONING ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, AMENDING THE EL SEGUNDO ZONING
CODE BY ESTABLISHING CERTAIN STANDARDS AND
DECLARING THE URGENCY THEREOF.
WHEREAS, on March 6, 1996 the City Council of the City of El Segundo did
review Zone Text Amendment 96 -1 and Environmental Assessment EA -376 at a
public hearing; and
WHEREAS, the City Council desires to adopt a portion of Zone Text
Amendment 96 -1 and Environmental Assessment EA -376 on an interim basis to
protect the health, safety and welfare of the residents of El Segundo.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION A. This Interim Zoning Ordinance is adopted pursuant to the
terms and conditions of Section 65858 of the Government Code.
SECTION B. 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 contained in the El Segundo
Zoning Code without the modifications adopted by this Interim Zoning Ordinance
would result in a threat to the public health, safety or welfare.
SECTION C. The City Council hereby adopts the following interim
standards:
SECTION 1. Section 20.08.335 of Chapter 20.08, Title 20, of the El Segundo
Municipal Code is amended to read as follows:
20.08.335 DRIVE -THRU RESTAURANT.
"Drive -thru restaurant" means any business establishment, building, or
structure where food or drink are prepared and served for consumption
either on or off the premises by order from or service to persons at an
automobile service window, and which may also include as accessory
uses, service to persons over an interior counter, outside the structure,
or from an outdoor service window.
SECTION 2. Section 20.08.683 shall be added to Chapter 20.08, Title 20, of the
El Segundo Municipal Code to read as follows:
20.08.683 RESTAURANT.
"Restaurant" means any business establishment, building, or structure
where food or drink are prepared and served for consumption either on
or off the premises, which may also include as accessory uses, service to
persons over an interior counter, outside the structure, or from an
outdoor service window. Any restaurant with an automobile service
window shall be considered a drive -thru restaurant. Any restaurant
which is strictly take -out shall be considered a food -to -go establishment.
SECTION 3. Section 20.31.025 B. of Chapter 20.3 1, Title 20, of the El Segundo
Municipal Code is amended to read as follows:
B. Drive -thru or walk -up services, including financial operations, but
excluding drive -thru restaurants;
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SECTION 4. Section 20.31.040 of Chapter 20.31, Title 20, of the El Segundo
Municipal Code is amended to read as follows:
20.31.040 USES SUBJECT TO A CONDITIONAL USE PERMIT.
The following uses shall be allowed subject to obtaining a conditional
use permit, as provided by Chapter 20.74, Variance and Conditional Use
Permit:
A. Drive -thru restaurants;
B. On -site sale and consumption of alcohol at bars;
C. Churches, church schools and religious facilities;
D. Service Stations;
E. Video arcade with 8 or more video or arcade machines; and,
F. Other similar uses as approved by the Director of Planning and
Building Safety, as provided by Chapter 20.72, Administrative
Determinations.
SECTION 5. Section 20.32.025 B. of Chapter 20.32, Title 20, of the El Segundo
Municipal Code is amended to read as follows:
B. Drive -thru or walk -up services, including financial operations, but
excluding drive -thru restaurants;
SECTION 6. Section 20.32.040 of Chapter 20.32, Title 20, of the El Segundo
Municipal Code is amended to read as follows:
20.32.040 USES SUBJECT TO A CONDITIONAL USE PERMIT.
The following uses shall be allowed subject to obtaining a conditional
use permit, as provided by Chapter 20.74, Variance and Conditional Use
Permit.
A. Bed and breakfast inns;
B. Outdoor dining;
C. Drive -thru restaurants;
D. On -site sale and consumption of alcohol at bars;
E. Service station; and,
F. Other similar uses approved by the Director of Planning and
Building Safety, as provided by Chapter 20.72, Administrative
Determinations.
SECTION 7. Section 20.33.025 B. of Chapter 20.33, Title 20, of the El Segundo
Municipal Code is amended to read as follows:
B. Drive -thru or walk -up services, including financial operations, but
excluding drive -thru restaurants;
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SECTION 8. Section 20.33.040 of Chapter 20.33, Title 20, of the El Segundo
Municipal Code is amended to read as follows:
20.33.040 USES SUBJECT TO A CONDITIONAL USE PERMIT.
The following uses shall be allowed subject to obtaining a conditional
use permit, as provided by Chapter 20.74, Variance and Conditional Use
Permit.
A. Drive -thru restaurants;
B. On -site sale and consumption of alcohol at bars;
C. Outdoor dining;
D. Freight forwarding;
E. Helicopter landing facilities subject to the provisions of Section
20.12.160;
F. Service stations; and,
G. Other similar uses determined by the Director of Planning and
Building Safety, as provided by Chapter 20.72, Administrative
Determinations.
SECTION 9. Section 20.34.025 B. of Chapter 20.34, Title 20, of the El Segundo
Municipal Code is amended to read as follows:
B. Drive -thru or walk -up services, including financial operations, but
excluding drive -thru restaurants;
SECTION 10. Section 20.34.040 of Chapter 20.34, Title 20, of the El Segundo
Municipal Code is amended to read as follows:
20.34.040 USES SUBJECT TO A CONDITIONAL USE PERMIT.
The following uses shall be allowed subject to obtaining a conditional
use permit, as provided by Chapter 20.74, Variance and Conditional Use
Permit:
A. Drive -thru restaurants;
B. On -site sale and consumption of alcohol at bars;
C. Freight forwarding;
D. Helicopter landing facilities subject to the provisions of Section
20.12.160;
E. Service Stations; and,
F. Other similar uses approved by the Director of Planning and
Building Safety as provided by Chapter 20.72, Administrative
Determinations.
SECTION 11. Section 20.36.025 B. of Chapter 20.36, Title 20, of the El
Segundo Municipal Code is amended to read as follows:
B. Drive -thru or walk -up services, including financial operations, but
excluding drive -thru restaurants;
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SECTION 12. Section 20.36.040 of Chapter 20.36, Title 20, of the El Segundo
Municipal Code is amended to read as follows:
20.36.040 USES SUBJECT TO A CONDITIONAL USE PERMIT.
The following uses shall be allowed subject to obtaining a conditional
use permit, as provided by Chapter 20.74, Variance and Conditional Use
Permit:
A. Drive -thru restaurants;
B. On -site sale and consumption of alcohol at bars;
C. Catering services and flight kitchens;
D. Freight forwarding;
E. Helicopter landing facilities subject to the provisions of Section
20.12.160;
F. Hospitals;
G. Parking facilities, including park and ride lots;
H. Recreational facilities (public and commercial);
I. Service stations;
J. Sexually oriented business, provided it is not located within 500
feet of another sexually oriented business; and,
K. Other similar uses approved by the Director of Planning and
Building Safety, as provided by Chapter 20.72, Administrative
Determinations.
SECTION 13. Section 20.40.025 B. of Chapter 20.40, Title 20, of the El
Segundo Municipal Code is amended to read as follows:
B. Drive -thru or walk -up services, including financial operations, but
excluding drive -thru restaurants;
SECTION 14. Section 20.40.040 of Chapter 20.40, Title 20, of the El Segundo
Municipal Code is amended to read as follows:
20.40.040 USES SUBJECT TO A CONDITIONAL USE PERMIT.
The following uses shall be allowed subject to obtaining a conditional
use permit, as provided by Chapter 20.74, Variance and Conditional Use
Permit:
A. Any use permitted in the MU, CO, C -3, C -2 and C -RS Zones,
except residential uses and sexually oriented businesses;
B. Drive -thru restaurants;
C. Freight forwarding, transfer, trucking yards or terminals;
D. Helicopter landing facilities subject to the provisions of Section
20.12.160;
F. Service station; and,
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G. Other similar uses approved by the Director of Planning and
Building Safety, as provided by Chapter 20.72, Administrative
Determinations.
SECTION 15. Section 20.41.025 B. of Chapter 20.41, Title 20, of the El
Segundo Municipal Code is amended to read as follows:
B. Drive -thru or walk -up services, including financial operations, but
excluding drive -thru restaurants;
SECTION 16. Section 20.41.040 of Chapter 20.41, Title 20, of the El Segundo
Municipal Code is amended to read as follows:
20.41.040 USES SUBJECT TO A CONDITIONAL USE PERMIT.
The following uses shall be subject to obtaining a conditional use permit,
as provided by Chapter 20.74, Variance and Conditional Use Permit:
A. Any use permitted in the M -1, MU, CO, C -3, C -2 and C -RS zones,
except residential uses and sexually oriented businesses;
B. Drive -thru restaurants;
C. Freight forwarding;
D. Helicopter landing facilities subject to the provisions of Section
20.12.160;
E. Service station; and,
F. Other similar uses approved by the Director of Planning and
Building Safety, as provided by Chapter 20.72, Administrative
Determinations.
SECTION D. Pursuant to Government Code Section 65858, the City
Council hereby finds and declares this Interim Zoning Ordinance to be an urgency
measure necessary for the current and immediate protection of the public health,
safety and welfare of the City and its residents. In addition, the City Council finds
and declares that accepting for filing, issuing or approving any land use entitlement
not permitted by this Ordinance, including but not limited to use permits, variances,
building permits, or any other applicable entitlement which is required in order to
comply with the present El Segundo Zoning Ordinance, would result in a threat to
the public health, safety or welfare. The City Council further finds that only land use
entitlement applications which have completed the City's plan check process prior to
the adoption of the interim ordinance shall be allowed to proceed under the City's
Code as existed prior to the adoption of this ordinance. The facts constituting such
urgency and threat are as set forth in Section B of this Interim Zoning Ordinance.
SECTION E. This Interim Zoning Ordinance shall take effect
immediately upon its adoption and shall continue in effect for forty -five (45) days
after the adoption hereof unless sooner extended as authorized by law.
SECTION F. If any section, subsection, sentence, clause, phrase or word
of this Interim Zoning Ordinance is for any reason held to be invalid by a court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Interim Zoning Ordinance. The City Council hereby declares that it
would have passed and adopted this Interim Zoning Ordinance and each and every
provision thereof, irrespective of the fact that any one or more of said provisions may
be declared invalid.
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SECTION G. The City Clerk shall certify to the passage and adoption of
this Interim Zoning Ordinance by not less than four -fifths vote of the City Council;
shall cause the same to be entered in the book of original Ordinances of the City;
shall make a minute of the passage and adoption thereof in the records of the
proceedings of the City Council at which the same is passed and adopted; and shall
within fifteen (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 2 day of April , 1996.
ATTEST:
CITY ER
APPROVED AS TO FORM:
CITY ATTdRNEY
W
IZO.396
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss.
CITY OF EL SEGUNDO )
I, Cindy Mortesen , City Clerk of the City of El Segundo, do
hereby certify that the foregoing Ordinance No. 19 51 was duly adopted and passed as
an urgency measure and interim zoning ordinance pursuant to Government Code
section 65858 at a regular meeting of the City Council on the 2nd day of
Apr.il , 1996, by the following vote, to wit:
AYES: COUNCILMEMBERS: Carl Jacobson, Liam Weston, Michael Robbins,
and Jane Friedkin.
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAINED: COUNCILMEMBERS:Richard Switz
CI CLERK
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