ORDINANCE 1276ORDINANCE NO. 1276
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT
NO. EA -405A AND ZONE TEXT AMENDMENT ZTA 97 -1A AMENDING
THE EL SEGUNDO MUNICIPAL CODE BY AMENDING VARIOUS
SECTIONS OF TITLE 20 (ZONING CODE) AND ADOPTING A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACTS. 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 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 November 5, 1996, the City Council considered and initiated a Quarterly Zoning Code (text
and map) Amendment program similar to the Quarterly General Plan Amendment program already in place; and,
WHEREAS, on December 17, 1996, the City Council approved a list of proposed future General Plan
Amendments, Zone Text Amendments and Zone Changes and directed Staff and the Planning Commission to initiate
processing the proposed amendments; and,
WHEREAS, the City may amend all or part of an adopted General Plan to promote the public interest up to four
times during any calendar year pursuant to Government Code Section 65358; and,
WHEREAS, an Environmental Assessment (EA- 405A), including a Draft Initial Study and Negative
Declaration of Environmental Impacts for the proposed General Plan Amendment, Subdivision Code, Zoning Code and
Zoning Map revisions, has been prepared and circulated to all interested parties, Staff, and affected public agencies for
review and comment in the time and manner prescribed by law; and,
WHEREAS, on January 23, February 13 and 27, March 6 and 27, and August 4, 1997, the Planning
Commission did conduct, pursuant to law, duly advertised public hearings on revisions to the General Plan, Subdivision
Code, Zoning Code and Zoning Map, and notice was given in the time, form and manner prescribed by law; and the
Planning Commission adopted Resolution No. 2390 on March 27, 1997 recommending approval of the proposed
amendments; and,
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WHEREAS, on May 6, 1997, the City Council did hold, pursuant to law, a duly advertised public hearing on
revisions to the General Plan, Subdivision Code, Zoning Code and Zoning Map, and notice was given in the time, form
and manner prescribed by law and the public hearing was continued until May 20, June 3, 17, July 1, and August 4 and
5, 1997; and
WHEREAS, on June 17, 1997 the City Council did adopt Ordinance 1272, approving a portion of the first
quarter amendments (EA -405, GPA 97 -1, ZTA 97 -1, ZC 97 -1); the remaining portion of which is addressed by EA -405A
and ZTA 97 -1A: and,
WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for or against
EA -405A and ZTA 974A, the revisions to the Zoning Code; and,
WHEREAS, at said hearings the following facts were established:
1. The purpose of the revisions to the Zoning Code are to refine and make appropriate adjustments to the
development standards and other zoning requirements in order to address concerns raised by the community
about the future development of the City in furtherance of the general welfare of the City.
2. State law requires that zoning be made consistent with the General Plan.
The City Council reviewed proposed revisions to the height limit of buildings east of Sepulveda Boulevard and
choose not to make any modifications.
NOW, THEREFORE, BE IT ORDAINED that after consideration of the above facts and study of proposed
Environmental Assessment EA -405A and ZTA 974A, the City Council finds as follows:
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The proposed Zoning Code Amendments are consistent with the 1992 General Plan.
ZONING CODE
1. The proposed Zoning Code Amendments are consistent with the existing Zoning Code.
The Draft Initial Study was made available to all local and affected agencies and for public review and comment
in the time and manner prescribed by law. The Initial Study concluded that the proposed project will not have
a significant adverse effect on the environment, and a Negative Declaration of Environmental Impact was
prepared pursuant to the California Environmental Quality Act (CEQA); and
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 the wildlife depends, because the project is in a built -
out urban environment; and
3. That the City Council directs the Director of Planning and Building Safety to file with the appropriate agencies
a Certificate of Fee Exemption and de minimus finding pursuant to AB 3158 and the California Code of
Regulations. Within ten (10) days of the approval of the Negative Declaration of Environmental Impacts, the
applicant shall submit to the City of El Segundo a fee of $25.00 required by the County of Los Angeles for the
filing of this certificate along with the required Notice of Determination. As approved in AB 3158, the statutory
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requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required
notices and fees are filed with the County.
NOW, THEREFORE, BE IT FURTHER ORDAINED THAT the City Council hereby approves EA -405A and ZTA
97 -1A, and adopts changes to the El Segundo Municipal Code as follows:
SECTION 1. Section 20.08.185 of Chapter 20.08, Title 20, of the El Segundo Municipal Code is amended to
read as follows:
20.08.185 BUILDING HEIGHT.
"Building height " or "Structure height' is the vertical distance measured from all points of the
highest point of a flat roof, the deck line of a mansard roof or to the average height between the plate
and the ridge of gable, pitched, or hip roofs to grade directly below. The ridge of a gable, pitched, or
hipped roof may extend a maximum of six (6) feet above the maximum height limit permitted in the
Zone in which the building is located.
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SECTION 2. Section 20.08.435 of Chapter 20.08, Title 20, of the El Segundo Municipal Code is amended to
read as follows:
20.08.435 GRADE, PRE - EXISTING GRADE, AND FINISHED GRADE.
"Grade" means the elevation of the surface of the ground of a premises, pre- existing or finished,
whichever is lower in elevation.
"Pre- existing grade" is the ground elevation of a premises which existed prior to the original
construction of the building or structure. Reference to grade on adjacent properties may be utilized to
assist in establishing pre- existing grade when the presence of said grade is not readily apparent on the
subject premises.
"Finished grade" is the elevation that will exist when all cut, fill or improvements associated with a
construction project, including but not limited to, pathways, pavements, hardscape or landscaping, are
complete.
SECTION 3. Section 20.31.040 of Chapter 20.3 1, 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. Churches, church schools and religious facilities;
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. Service stations, if a 500 foot minimum distance from any residential zoned property is
provided. This distance criteria does not apply to properties east of Sepulveda Boulevard;
E. Video arcades with four 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 4. Section 20.31.050 shall be added to Chapter 20.3 1, Title 20, of the El Segundo Municipal Code
to read as follows:
20.31.050 PROHIBITED USES.
A. Drive -thru restaurants located west of Sepulveda Boulevard.
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SECTION 5. 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. 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. Service stations, if a 500 foot minimum distance from any residential zoned property is
provided. This distance criteria does not apply to properties east of Sepulveda Boulevard;
E. Videos arcades with four or more video or arcade machines; and,
F. Other similar uses approved by the Director of Planning and Building Safety, as provided by
Chapter 20.72, Administrative Determinations.
SECTION 6. Section 20.32.050 shall be added to Chapter 20.32, Title 20, of the El Segundo Municipal Code
to read as follows:
20.32.050 PROHIBITED USES.
A. Drive -thru restaurants located west of Sepulveda Boulevard.
SECTION 7. 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, except properties located west of Sepulveda Boulevard where drive -thru
restaurants are prohibited;
B. Freight forwarding;
C. Helicopter landing facilities subject to the provisions of Section 20.12.160;
D. On -site sale and consumption of alcohol at bars;
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;
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F. Service stations, if a 500 foot minimum distance from any residential zoned property is
provided. This distance criteria does not apply to properties east of Sepulveda Boulevard;
G. Video arcades with four or more video or arcade machines; and,
H. Other similar uses approved by the Director of Planning and Building Safety, as provided by
Chapter 20.72, Administrative Determinations.
SECTION 8. Section 20.33.050 shall be added to Chapter 20.33, Title 20, of the El Segundo Municipal Code
to read as follows:
20.33.050 PROHIBITED USES.
A. Drive -thru restaurants located west of Sepulveda Boulevard.
SECTION 9. 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, except properties located west of Sepulveda Boulevard where drive -thru
restaurants are prohibited;
B. Freight forwarding;
C. Helicopter landing facilities subject to the provisions of Section 20.12.160;
D. On -site sale and consumption of alcohol at bars;
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, if a 500 foot minimum distance from any residential zoned property is
provided. This distance criteria does not apply to properties east of Sepulveda Boulevard;
G. Video arcades with four or more video or arcade machines; and,
H. Other similar uses approved by the Director of Planning and Building Safety, as provided by
Chapter 20.72, Administrative Determinations.
SECTION 10. Section 20.34.050 shall be added to Chapter 20.34, Title 20, of the El Segundo Municipal Code
to read as follows:
20.34.050 PROHIBITED USES.
A. Drive -thru restaurants located west of Sepulveda Boulevard.
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SECTION 11. 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. Freight forwarding;
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, if a 500 foot minimum distance from any residential zoned property is
provided. This distance criteria does not apply to properties east of Sepulveda Boulevard; and,
D. Other similar uses approved by the Director of Planning and Building Safety, as provided by
Chapter 20.72, Administrative Determinations.
SECTION 12. Section 20.42.050 of Chapter 20.42, Title 20, of the El Segundo Municipal Code is amended
to read as follows:
20.42.050 PROHIBITED USES.
A. Automobile dismantling businesses; and,
B. Drive -thru restaurants located west of Sepulveda Boulevard.
SECTION 13. 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. Freight forwarding;
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, if a 500 foot minimum distance from any residential zoned property is
provided. This distance criteria does not apply to properties east of Sepulveda Boulevard; and,
D. 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 14. Section 20.43.050 of Chapter 20.43, Title 20, of the El Segundo Municipal Code is amended
to read as follows:
20.43.050 PROHIBITED USES.
A. Automobile dismantling businesses; and,
B. Drive -thru restaurants located west of Sepulveda Boulevard,
SECTION 15. 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. 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;
B. Service stations, if a 500 foot minimum distance from any residential zoned property is
provided. This distance criteria does not apply to properties east of Sepulveda Boulevard; 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 20.44.050 shall be added to Chapter 20.44, Title 20, of the El Segundo Municipal Code
to read as follows:
20.44.050 PROHIBITED USES.
A. Drive -thru restaurants located west of Sepulveda Boulevard.
SECTION 17. This ordinance shall become effective at midnight on the thirtieth (30) day from and after the
final passage and adoption hereof.
SECTION 18. 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.
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PASSED, APPROVED AND ADOPTED this -, day ofg,,tjz,,qt, 1997.
ATTESTED:
L. in Mortesen
City Clerk (SEAL)
APPROVED AS TO FORM:
Mark D. Hensley
City Attorney
Sandra Jacobs ayor
of the City o Segundo,
California
p : \zoning \e a405 a \e a405 a. ord
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CERTIFICATION
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. 1276 is a full, true correct original
of ORDINANCE NO. 1276 of the said City of El Segundo, California, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL
ASSESSMENT NO. EA -405A AND ZONE TEXT AMENDMENT ZTA 97 -1A
AMENDING THE EL SEGUNDO MUNICIPAL CODE BY AMENDING
VARIOUS SECTIONS OF TITLE 20 (ZONING CODE) AND ADOPTING A
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS.
PETITIONED BY THE CITY OF EL SEGUNDO.
which was duly passed and adopted by the said City Council, approved and signed by
the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting
of the said Council held on the 19th DAY OF August, 1997 , and the same was so
passed and adopted by the following vote:
AYES: Mayor Jacobs, Mayor ProTem Wernick, Councilwoman
Friedkin, Councilman Weston, and Councilman Gordon
NOES: None
ABSENT: None
ABSTAINED: 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. 1276
was posted and /or published in the manner prescribed by law.
DY MORTESEN
City Clerk of the
City of El Segundo, California
(SEAL)
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