ORDINANCE 1254ORDINANCE NO. 1254
EXTENSION OF INTERIM ZONING ORDINANCE NO.
1251 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.
WHEREAS, on April 2, 1996, the City Council adopted Ordinance No. 1251 as an
urgency Ordinance pursuant to Government Code Section 65858, and whereas said Ordinance
established zoning standards for drive -thru restaurants in non - residential zones and outdoor
dining standards in the Neighborhood Commercial (C -2) Zone and General Commercial (C -3)
Zone;
WHEREAS, the City Council desires to extend Interim Zoning Ordinance No. 1251
for ten (10) months and fifteen (15) days in order to protect against a current and immediate
threat to public health, safety, and welfare;
WHEREAS, on May 7, 1996, the City Council received and filed a status report,
pursuant to Government Code Section 65858, a minimum of 10 days prior to the expiration
of Ordinance No. 1251 on May 17, 1996;
WHEREAS, on May 7, 1996, the City Council held a duly advertised public hearing
and opportunity was given to all persons to present evidence and testimony for or against
EA -385 and the extension of the Interim Zoning Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION A. Interim Zoning Ordinance No. 1251 is extended pursuant to the terms
and conditions of Section 65858 of the Government Code. The term of this extension of the
Interim Zoning Ordinance shall begin on May 8, 1996 and shall expire on March 23, 1997 or
until rescinded by the City Council.
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.
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SECTION C. NOW, THEREFORE, BE IT FURTHER ORDAINED that after
consideration of the above facts and study of proposed Environmental Assessment EA -385,
the City Council finds as follows:
ENVIRONMENTAL FINDINGS
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 floor area ratios. Therefore, the changes 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 on the
habitat on which wildlife depends.
4. That within 10 days following the final adoption of the Zone Text Amendments
by the City Council, 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.
SECTION D. 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.
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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 20.31, 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 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. Outdoor dining, exempting outdoor dining at restaurants and drive -thru
restaurants where outdoor dining comprises 20% or less of the total
dining area of the restaurant or drive -thru restaurant, but not
exceeding 200 square feet of floor area;
D. Churches, church schools and religious facilities;
E. Service Stations;
F. Video arcade with 8 or more video or arcade machines; and,
G. Other similar uses as approved by the Director
Building Safety, as provided by Chapter 20.72
Determinations.
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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, exempting outdoor dining at restaurants and drive -thru
restaurants where outdoor dining comprises 20% or less of the total
dining area of the restaurant or drive -thru restaurant, but not
exceeding 200 square feet of floor area;
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;
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. Freight forwarding;
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D. Helicopter landing facilities subject to the provisions of Section
20.12.160;
E. Outdoor dining, exempting outdoor dining at restaurants and drive -thru
restaurants where outdoor dining comprises 20% or less of the total
dining area of the restaurant or drive -thru restaurant, but not
exceeding 200 square feet of floor area;
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. Outdoor dining, exempting outdoor dining at restaurants and drive -thru
restaurants where outdoor dining comprises 20% or less of the total
dining area of the restaurant or drive -thru restaurant, but not
exceeding 200 square feet of floor area;
F. Service Stations; and,
G. Other similar uses approved by the Director of Planning and Building
Safety as provided by Chapter 20.72, Administrative Determinations.
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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;
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. Outdoor dining, exempting outdoor dining at restaurants and drive -thru
restaurants where outdoor dining comprises 20% or less of the total
dining area of the restaurant or drive -thru restaurant, but not
exceeding 200 square feet of floor area;
H. Parking facilities, including park and ride lots;
I. Recreational facilities (public and commercial);
J. Service stations;
K. Sexually oriented business, provided it is not located within 500 feet of
another sexually oriented business; and,
L. 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;
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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;
E. Outdoor dining, exempting outdoor dining at restaurants and drive -thru
restaurants where outdoor dining comprises 20% or less of the total
dining area of the restaurant or drive -thru restaurant, but not
exceeding 200 square feet of floor area;
F. Service station; and,
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;
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D. Helicopter landing facilities subject to the provisions of Section
20.12.160;
E. Outdoor dining, exempting outdoor dining at restaurants and drive -thru
restaurants where outdoor dining comprises 20% or less of the total
dining area of the restaurant or drive -thru restaurant, but not
exceeding 200 square feet of floor area;
F. Service station; and,
G. Other similar uses approved by the Director of Planning and Building
Safety, as provided by Chapter 20.72, Administrative Determinations.
SECTION 17. Section 20.42.040 of Chapter 20.42, Title 20, of the El Segundo
Municipal Code is amended to read as follows:
20.42.040 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. Freight forwarding;
C. Outdoor dining, exempting outdoor dining at restaurants and drive -thru
restaurants where outdoor dining comprises 20% or less of the total
dining area of the restaurant or drive -thru restaurant, but not
exceeding 200 square feet of floor area;
D. Service stations; and,
E. Other similar uses approved by the Director of Planning and Building
Safety, as provided by Chapter 20.72, Administrative Determinations.
SECTION 18. Section 20.43.040 of Chapter 20.43, Title 20, of the El Segundo
Municipal Code is amended to read as follows:
20.43.040 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. Freight forwarding;
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C. Outdoor dining, exempting outdoor dining at restaurants and drive -thru
restaurants where outdoor dining comprises 20% or less of the total
dining area of the restaurant or drive -thru restaurant, but not
exceeding 200 square feet of floor area;
D. Service stations; and,
E. Other similar uses approved by the Director of Planning and Building
Safety, as provided by Chapter 20.72, Administrative Determinations.
SECTION 19. Section 20.44.040 of Chapter 20.44, Title 20, of the El Segundo
Municipal Code is amended to read as follows:
20.44.040 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. Outdoor dining, exempting outdoor dining at restaurants and drive -thru
restaurants where outdoor dining comprises 20% or less of the total
dining area of the restaurant or drive -thru restaurant, but not
exceeding 200 square feet of floor area;
C. Service stations; and,
D. Other similar uses approved by the Director of Planning and Building
Safety, as provided by Chapter 20.72, Administrative Determinations.
SECTION 20. Section 20.54.030 B. of Chapter 20.54, Title 20, of the El Segundo
Municipal Code is amended to read as follows:
B. Nonresidential Uses
NONRESIDENTIAL USES
NUMBER OF PARKING SPACES
REQUIRED
(1) Hospitals:
1%2 spaces for each bed.
(2) Hotels:
1 space for each of the first 100 rooms; g/4
space for each of the next 100 rooms; and Yz
space for each room above 200 rooms.
(3) Motels, auto courts,
1 space for each sleeping unit.
motor lodges, and tourist
courts:
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(4)
Seniors' communities,
1 space for each 2 beds.
rest homes, convalescent
homes:
(5)
Offices, commercial, and
1 space for each 300 sq. ft. for the first 25,000
food -to -go uses:
sq. ft.
1 space for each 350 sq. ft. for the second
25,000 sq. ft.
1 space for each 400 sq. ft. for the area in
excess of 50,000 sq. ft.
(6)
Restaurants, drive -thru
1 space for each 75 sq. ft., including outdoor
restaurants, bars and
dining areas if outdoor dining area exceeds
cocktail lounges:
200 sq. ft. or 20% of indoor dining area,
whichever is less.
No parking is required for restaurants under
500 sq. ft. which do not provide sit -down
eating accommodations.
(7)
Manufacturing, research
1 space for each 500 sq. ft. for the first 50,000
and development
sq. ft.
(includes office with on-
1 space for each 1,000 sq. ft. for the area in
site testing facilities):
excess of 50,000 sq. ft.
(8)
Medical /Dental offices
1 space for each 200 sq. ft.
and clinics:
(9)
Warehouses and storage
1 space for each 1,000 sq. ft. for the first
buildings:
20,000 sq. ft.
1 space for each 2,000 sq. ft. for the second
20,000 sq. ft. .
1 space for each 4,000 sq. ft. for the area in
excess of 40,000 sq. ft.
(10)
Automobile repair
2 spaces for each service stall plus 2 spaces
garages, body shops, and
for office.
service stations:
(11)
Schools, private
(a) Pre - school,
elementary through
1 space for each 1 classroom, plus 1 space for
junior high level:
each employee and faculty member.
(b) High school level:
1 space for each 3 students, plus 1 space for
each employee and faculty member.
(c) Adult level, college,
1 space for each 5 students, plus 1 space for
business and trade:
each employee and faculty member.
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(12) Places of public assembly
including, but not
limited to theaters,
auditoriums, banquet
facilities, meeting rooms,
clubs, lodges and
mortuaries:
1 space for every 3 seats.*
(a) With fixed seats
1 space for every 30 sq. ft. of floor area used
(b) Without fixed seats
for assembly purposes.
(13) Churches:
1 space for every 4 seats.*
* Based upon the Uniform Building Code areas having fixed benches or
pews shall have 1 seat for each 18 inches of length. Dining areas shall
have 1 seat for each 24 inches of booth length, or major portion thereof.
Compact parking shall be allowed for office and industrial uses to a maximum
of twenty (20 %) percent of required parking spaces. All parking spaces
provided in excess of the required number shall be standard size. Compact
parking shall not be allowed for retail uses.
The Planning Commission may reduce the required amount of parking in the
SB, MM, Grand Avenue Commercial and Medium Density Residential Zones
up to 10 %.
The Planning Commission may modify the required number of parking spaces
based on the submittal of a parking demand study. Additionally, for any use
for which the number of parking spaces is not listed, the Director of Planning
and Building Safety or Planning Commission shall specify the required number
of spaces based on a parking demand study.
SECTION E. 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 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
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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.
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 7th day of May , 1996.
APPROVED AS TO FORM:
CITY ATTORNEY
7
p\zoning \izo \izo -2.ord
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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. 1254 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 7r1, day of m,v _, 1996, by the following vote, to wit:
AYES: COUNCILMEMBERS: Mayor ProTem Wernick, Councilwoman Friedkin,
Councilman Weston, and Councilman Gordon.
NOES: COUNCILMEMBERS: Mayor Jacobs
ABSENT: COUNCILMEMBERS: None
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CITY RK
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