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ORDINANCE 1359ORDINANCE NO. 1359 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE §§ 15- 21-6 AND 15 -21 -7 AFFECTING FLOOR AREA RATIOS FOR NONCONFORMING BUILDINGS AND USES. The City Council of the city of El Segundo does ordain as follows: SECTION 1: The Council finds and declares as follows: A. On August 6, 2002, the City Council directed staff to initiate the process to amend the El Segundo Municipal Code ( "ESMC ") to eliminate references to expansion of structures that exceed allowable floor area ratio (legal nonconforming structure); B. This process was initiated in order to remove the inequity of allowing certain nonconforming buildings and uses to expand beyond the prescribed floor area ratio ( "FAR ") while other similarly situated nonconforming uses and buildings could not; C. Based upon evidence collected during public hearings before the Planning Commission, staff recommendations, and the Council's deliberations, it appears to be in the public interest to amend the ESMC; D. The ESMC amendments effectuated by this Ordinance are intended to strike a fair balance between business interests within certain parts of the City and the public's interest in applying the zoning regulations of the ESMC fairly and equitably. SECTION 2: ESMC § 15 -21 -6 is amended to read as follows: "15 -21 -6: NONRESIDENTIAL RESTRICTIONS: All legal or legal nonconforming uses or buildings, in existence as of the effective date hereof, within the nonresidential use categories and all previously designated commercial properties which have been designated Multi - Family Residential Zones by the 1992 General Plan, with the exception of Smoky Hollow, which are now legal nonconforming or become legal nonconforming due to changes in the land use designation or zoning criteria under this Title, are permitted to rebuild or remodel subject to the following requirements: A. Until May 6, 2006, a nonconforming building or nonconforming use within any commercial or industrial zoning category may be increased one time by a maximum of twenty percent (20 %) or fifteen thousand (15,000) square feet, whichever is less. The expansion itself must meet the ORDINANCE NO 1359 APPROVING EA NO 604, GPA NO. 02 -03, and ZTA NO. 02 -02 PAGE NO 1 requirements of this Title related to setbacks, lot coverage, height and parking, but is not be required to compensate for any deficiency or nonconformity in the original building or use. Expansions allowed by this Section before May 6, 2006 require a conditional use permit issued pursuant to Sections 15 -23 -4 to 15 -23 -13 of this Code. Wherever these sections refer to the proposed "use" the term "expansion" shall be utilized for purposes of making a determination under this section. B. After May 6, 2006, a nonconforming building or nonconforming use within any commercial or industrial zoning category may be increased up to the maximum allowable floor area ratio (FAR) as determined by this Title or the El Segundo General Plan. The expansion must meet the requirements of this Title related to setbacks, lot coverage, height and parking, but is not be required to compensate for any deficiency or nonconformity in the original building or use. C. If a nonconforming building remains vacant for a period of twelve (12) consecutive months, it must be upgraded to meet all requirements of this Title before occupancy, except buildings which are actively available for lease and occupancy, or are being remodeled pursuant to permit or subject to Section 15 -21 -3 of this Chapter are not considered vacant for purposes of this Section. D. A nonconforming use in a conforming or nonconforming building may be replaced with another similar nonconforming use, provided the building is not vacant for more than twelve (12) consecutive months, except buildings which are actively available for lease and occupancy, or are being remodeled pursuant to permit or subject to Section 15 -21 -3 of this Chapter, are not considered vacant for purposes of this Section." SECTION 3: ESMC § 15 -21 -7 is amended to read as follows: 15 -21 -7: SMOKY HOLLOW SPECIFIC PLAN RESTRICTIONS: A. Nonconforming Uses Of Land: Where, at the time of passage of the Specific Plan, lawful use of land exists which would not be permitted by the regulations imposed by the Specific Plan, such use may be continued so long as it remains otherwise lawful, provided: 1. No such nonconforming use may be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the Specific Plan. 2. No such nonconforming use may be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of the Smoky Hollow Specific Plan. ORDINANCE NO 1359 APPROVING EA NO. 604, GPA NO 02 -03, and ZTA NO. 02 -02 PAGE NO 2 3. If any such nonconforming use vacates for any reason for a period of more than twelve (12) consecutive months, any subsequent use must conform to the regulations specified by the Specific Plan for the zone in which such land is located. Buildings which are actively available for lease and occupancy, or are being remodeled pursuant to a permit or subject to Section-15-21-3 of this Chapter are not considered vacant for the purposes of this Section. 4. No additional structure not conforming to the requirements of the Specific Plan may be erected in connection with such nonconforming use of land. B. Nonconforming Structures: Where a lawful structure exists at the effective date of adoption or amendment of the Specific Plan, that could not be built under the terms of these regulations by reason of restrictions on area, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains in the same use and is otherwise lawful, subject to the following provisions: 1. Until May 6, 2006, nonconforming structures may be expanded one time up to fifty percent (50 %) of the existing floor area or fifteen thousand (15,000) square feet, whichever is greater. The expansion itself must meet all the requirements of the Smoky Hollow Specific Plan, but is not required to compensate for any deficiency or nonconformity in the original structure. Expansions allowed by this Section require a conditional use permit issued pursuant to Sections 15 -23-4 to 15 -23 -13 of this Code. Wherever these sections refer to the proposed "use" the term "expansion" shall be utilized for making a determination under this section. 2. After May 6, 2006, nonconforming structures may expand up to the allowable floor area ratio (FAR) permitted by this Code or the El Segundo General Plan. The expansion itself must meet all the requirements of the Smoky Hollow Specific Plan, but is not required to compensate for any deficiency or nonconformity in the original structure. 3. Should such nonconforming structure be involuntarily destroyed to any extent, including total destruction, it may be rebuilt to the identical use and original floor area, providing the structure complies with the design requirements of this Code and that on -site parking be replaced to the ratio existing at the time of such destruction. 4. Should such structure be moved for any reason for any distance whatsoever, it must then conform to the regulations for the zone in which it is located after it is moved." ORDINANCE NO. 1359 APPROVING EA NO 604, GPA NO 02 -03, and ZTA NO. 02 -02 PAGE NO. 3 SECTION 4: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 5: Repeal of any provision of the El Segundo Municipal Code, or any other city resolution or ordinance herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 6: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 7: This Ordinance will become effective on the thirty -first (31) day after its passage and adoption. PASSED AND ADOPTED this 6th day of May , 2003. A i Mike Gordon, Mayor ORDINANCE NO. 1359 APPROVING EA NO. 604, GPA NO 02 -03, and ZTA NO. 02 -02 PAGE NO 4 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. 1359 was duly introduced by said City Council at a regular meeting held on the 15th day of April , 2003, 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 6th day of May 2003, 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 M rtesen, City Clerk APPROVED AS TO FORM: By: Mark D. Hensley, City Mqp6y ORDINANCE NO. 1359 APPROVING EA NO 604, GPA NO. 02 -03, and ZTA NO. 02 -02 PAGE NO 5 CITY OF EL SEGUNDO AFFIDAVIT OF POSTING: STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss CITY OF EL SEGUNDO } ORDINANCE NO. 1359 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE §§ 15- 21 -6 AND 15 -21 -7 AFFECTING FLOOR AREA RATIOS FOR NONCONFORMING BUILDINGS AND USES. I, Cathy Domann, declare as follows: That I am the Deputy City Clerk, acting as a Secretary to the El Segundo City Council; that a copy of the document listed above for the meeting of May 6, 2003, was posted at the following conspicuous place, City Hall Front Window, on May 9, 2003, at 9:45 a.m. I declare under the penalty of perjury that the foregoing is true and correct. Executed on May 9, 2003. C/01p, O! Wlk- (Signature)