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ORDINANCE 1308ORDINANCE NO. 1308 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -483 AND ZONE TEXT AMENDMENT ZTA 99 -2, AMENDING THE EL SEGUNDO MUNICIPAL CODE BY AMENDING VARIOUS SECTIONS OF TITLE 20 (THE ZONING 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; 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; 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; 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; WHEREAS, on May 27, 1999, the Planning Commission did conduct, pursuant to law, duly advertised public hearings on revisions to the Zoning Code, and notice was given in the time, form and manner prescribed by law; and the Planning Commission adopted Resolution No. 2446 recommending approval of the proposed amendments; WHEREAS, on June 15, July 6, August 17, and September 7, 1999, the City Council did hold, pursuant to law, duly advertised public hearings and review on revisions to the Zoning Code, and notice was given in the time, form and manner prescribed by law; WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for or against EA -483 and ZTA 99 -2, the revisions to the Zoning Code; and, WHEREAS, at said hearings the following facts were established: 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. NOW, THEREFORE, BE IT ORDAINED that after consideration of the above facts and study of proposed Environmental Assessment EA -483 and ZTA 99 -2 the City Council finds as follows: GENERAL PLAN ORDINANCE NO. 1308 APPROVING EA -483, ZTA 99 -2 9/9/99 8:00 a.m. PAGE NO. 1 The proposed Zoning Code Amendments are consistent with the 1992 General Plan, as amended. ZONING CODE The proposed Zoning Code Amendments are consistent with the existing Zoning Code. ENVIRONMENTAL FINDINGS The Draft Initial Study was made available 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 will be prepared pursuant to the California Environmental Quality Act (CEQA); 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, 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 Minimis 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 City shall transmit $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 approves EA -483 and ZTA 99 -2, and adopts changes to the El Segundo Municipal Code as follows: SECTION 1. Section 20.42.020 of Chapter 20.42, Title 20, of the El Segundo Municipal Code is Amended to read as follows: 20.42.020 PERMITTED USES. The following uses are permitted in the SB Zone: A. Manufacturing; B. Light industrial uses; C. General offices, up to 15,000 square feet per site, involved in industrial related activities such as engineering, industrial design and consulting, except in conjunction with a permitted manufacturing, light industrial or warehousing use, whereby the size may be greater; D. Warehousing and distribution; E. Restaurants, coffee shops, and cafes without drive -thru facilities; Public facilities and utilities; ORDINANCE NO. 1308 APPROVING EA -483, ZTA 99 -2 9/9/99 8:00 a.m. PAGE NO. 2 G. General offices in conjunction with any other permitted use as long as the office use does not occupy in excess of 40% of the total building square footage; H. Research and development; and, I. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 2. Section 20.42.030 of Chapter 20.42, Title 20, of the El Segundo Municipal Code is Amended 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, drive -thru restaurants, coffee shops, delicatessens, and cafes; B. The off -site sale of alcohol at permitted retail accessory 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 20.42.040 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. Automobile service uses, if a 300 foot minimum distance from any residentially zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard; 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. Automobile Service uses, if a 300 foot minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard; and, E. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. SECTION 4. Section 20.42.050 of Chapter 20.42, Title 20, of the El Segundo Municipal Code is Amended to read as follows: ORDINANCE NO. 1308 APPROVING EA -483, ZTA 99 -2 9/9/99 8:00 a.m. PAGE NO. 3 20.42.050 PROHIBITED USES. A. Automobile dismantling businesses are prohibited in the SB Zone. B. Automobile service uses located within 300 feet of any residentially zoned property. This distance criteria does not apply to properties east of Sepulveda Boulevard; and, C. Drive -thru restaurants located west of Sepulveda Boulevard. SECTION 5. Section 20.43.020 of Chapter 20.43, Title 20, of the El Segundo Municipal Code is Amended to read as follows: 20.43.020 PERMITTED USES. The following uses are permitted in the MM Zone: A. Manufacturing; B. Light Industrial; C. General Offices, up to 15,000 square feet per site, involved in industrial related activities such as engineering, industrial design and consultation, except in conjunction with a permitted manufacturing, light industrial, warehousing, distribution, light assembly, processing or mixed -use, in which the size may be greater; D. Warehousing and distribution; E. Restaurants, coffee shops and cafes without drive -thru facilities; F. Public facilities, public utilities; G. General offices in conjunction with any other permitted use as long as the office does not occupy in excess of 60% of the total building square footage; H. Light assembly and processing; I. Parking structures and parking lots; J. Retail sales for wholesale outlets; K. Mixed -use projects including commercial, office and light industrial uses where the light industrial uses make up at least 50% of the total project's square footage; L. Research and development; and, M. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. ORDINANCE NO. 1308 APPROVING EA -483, ZTA 99 -2 9/9/99 8:00 a.m. PAGE NO. 4 SECTION 6. Section 20.43.030 of Chapter 20.43, Title 20, of the El Segundo Municipal Code is Amended 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, drive -thru 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 7. 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. Automobile service uses, if a 300 foot minimum distance from any residentially zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard; 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. Automobile Service uses, if a 300 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 8. 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 are prohibited in the MM Zone. B. Automobile service uses located within 300 feet of any residentially zoned property. This distance criteria does not apply to properties east of Sepulveda Boulevard; and, C. Drive -thru restaurants located west of Sepulveda Boulevard. ORDINANCE NO. 1308 APPROVING EA -483, ZTA 99 -2 9/9/99 8:00 a.m. PAGE NO. 5 SECTION 9. This Ordinance shall become effective at midnight on the thirtieth (30) day from and after the final passage and adoption hereof. SECTION 10. 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 ADOPTEDI 21st day of September 1999. 4jomie rdon , Mayor ATTEST: 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 said City is five; that the foregoing Ordinance No. 1308 was duly introduced by said City Council at a regular meeting held on the 7th day of September 1999, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 21 st day of September 1999, and the same was so passed and adopted by the following vote: AYES: Gordon, Jacobs, Gaines, McDowell, Wernick NOES: None ABSENT: None ABSTAIN: None Cindy MoYtesen, City Clerky APPROVED AS TO FORM: Mark D. Hensley, City Attorney p:\zoning\ea483\ea483.ord-revised.doc ORDINANCE NO. 1308 APPROVING EA -483, ZTA 99 -2 9/9/99 8:00 a.m. PAGE NO. 6