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ORDINANCE 1283ORDINANCE NO. L283 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -408A AND ZONE TEXT AMENDMENT ZTA 97 -2A AMENDING VARIOUS SECTIONS OF TITLE 20 (ZONING CODE) OF THE EL SEGUNDO MUNICIPAL CODE. 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, General Plan Amendment GPA 97 -2 is the second amendment processed and proposed for 1997; and, WHEREAS, an Environmental Assessment (EA -408), including a Draft Initial Study and Negative Declaration of Environmental Impacts for the proposed General Plan Amendment, Municipal 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 April 24, May 8 and 22, and June 12, 1997, the Planning Commission did conduct, pursuant to law, duly advertised public hearings on revisions to the General Plan, Municipal Code, Zoning Code, and Zoning Map, and notice was given in the time, form and manner prescribed by law; and the Planning 1 1I"3 Commission adopted Resolution No. 2393 on June 12, 1997 recommending approval of the proposed amendments; and, WHEREAS, on August 4, 1997, the City Council did hold, pursuant to law, a duly advertised public workshop/hearing on revisions to the General Plan, Municipal 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 August 5, 19 and September 16, 1997; and, WHEREAS, on September 16, 1997 the City Council did adopt Ordinance 1279, approving a portion of the second quarter amendments (EA -408, GPA 97 -2, ZTA 97 -2, ZC 97 -2); the remaining portion of which is addressed by EA -408A and ZTA 97 -2A; and, WHEREAS, the proposed Zone Text Amendment for Sound Transmission Control, Parking Covenants, and Parking Demand Study were discussed on September 16, 1997; and, Continued for further consideration to October 21 and November 4, 1997; and, WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for or against EA -408A and ZTA 97 -2A, 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 and General Plan 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. NOW, THEREFORE, BE IT ORDAINED that after consideration of the above facts and study of proposed Environmental Assessment EA408A and ZTA 97 -2A, the City Council finds as follows: GENERAL PLAN 1. 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, ENVIRONMENTAL FINDINGS 1. The Draft Initial Study for EA -408 included a full analysis of the potential impacts associated with proposed Zone Text Amendments continued as part of EA -408A. This 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 adopted by the City Council on September 16, 1997 (Resolution No. 1279); and, 2 � �� L • 2. 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 fmding 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 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 EA408A and ZTA 97 -2A, and adopts changes to the El Segundo Municipal Code as follows: SECTION 1. Section 20.08.245 of Chapter 20.08, Title 20, of the El Segundo Municipal Code, the Definition of CNEL (Community Noise Equivalent Level), is hereby repealed in its entirety. SECTION 2. Section 20.08.305 of Chapter 20.08, Title 20, of the El Segundo Municipal Code, the Definition of dB, is hereby repealed in its entirety. SECTION 3. Section 20.08.400 of Chapter 20.08, Title 20, of the El Segundo Municipal Code, the Definition of FAA, is hereby repealed in its entirety. SECTION 4. Section 20.08.445 of Chapter 20.08, Title 20, of the El Segundo Municipal Code, the Definition of Group R Buildings, is hereby repealed in its entirety. SECTION 5. Section 20.08.623 shall be added to Chapter 20.08, Title 20, of the El Segundo Municipal Code to read as follows: 20.08.632 PARKING DEMAND STUDY "Parking demand study" means an analysis of the total number of parking spaces required in order to accommodate the maximum number of vehicles for parking purposes by a particular use or site at any given time. The analysis shall consider parking required for all employees, occupants, clients, and visitors. SECTION 6. Section 20.54.080 of Chapter 20.54, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.54.080 JOINT USE AND OFF -SITE PARKING FACILITIES. All parking spaces shall be located on the same lot or building site as the use for which such spaces are required, except within the boundaries of the Smoky Hollow Specific Plan (see Section 20.54.130), provided, that such parking spaces for non - residential uses may be located off -site on a different lot or lots, subject to a parking covenant approved by the Planning Commission, which shall be recorded in the office of the County Recorder, prior to the issuance of any Building Permits; and, may include such conditions as the Planning Commission may impose. Off -site parking for fewer than ten (10) parking spaces, shall be subject to approval of the Director of Planning and Building Safety, subject to a parking covenant, which shall be recorded in the office 3 1 Z8 3 of the County Recorder, and, may include such conditions as the Director of Planning and Building Safety may impose. This off -site parking may include the joint use of off -site and on -site parking spaces by mutually exclusive uses. SECTION 7. Chapter 20.58 of the El Segundo Municipal Code, entitled Sound Transmission Control, is hereby repealed in its entirety. SECTION 8. This ordinance shall become effective at midnight on the thirtieth (30) day from and after the final passage and adoption hereof. SECTION 9. 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 18 th day of November, 1997. ATTESTED: APPROVED AS TO FORM: �.L Z4- -(ar Mark D. Hensley City Attorney PJ Sandra Jacobs; of the City of California p Azoning \ea408a \a408a. ord 4 1 mac, it CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Lora Freeman, Deputy 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. 1283 is a full, true correct original of ORDINANCE NO. 1283 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 -408A AND ZONE TEXT AMENDMENT ZTA 97 -2A AMENDING VARIOUS SECTIONS OF TITLE 20 (ZONING CODE) OF THE EL SEGUNDO MUNICIPAL CODE. 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 18th DAY OF November 1997 , and the same was so passed and adopted by the following vote: AYES: MayorJacobs, MayorProTem 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. 1283 was posted and /or published in the manner prescribed by law. LORA FREEMAN, Deputy City Clerk of the City of El Segundo, California (SEAL)