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ORDINANCE 1365ORDINANCE NO. 1�65 AN ORDINANCE ADDING A NEW USE, DEFINED AS LIVEIWORK, TO THE PERMITTED USES WITHIN THE MEDIUM DENSITY RESIDENTIAL ZONE SET FORTH IN THE EL SEGUNDO MUNICIPAL CODE (ZONE TEXT AMENDMENT NO. 03 -1) The city council of the city of El Segundo does ordain as follows: SECTION 1: The Council finds and declares as follows: A. On February 6, 2003 Albert L. Marco filed an application for Environmental Assessment No. 608, Subdivision No. 03 -08, Vesting Tentative Tract Map No. 54134, Smoky Hollow Site Plan No.03 -01, Zone Text Amendment No. 03 -01 and Variance No. 03 -04 to allow a nine unit townhouse- style live /work condominium development on a 0.5 acre site at 1225 East Grand Avenue. B. Albert L. Marco's application was reviewed by City's Department of Community, Economic and Development Services for, in part, consistency with the General Plan and conformity with the El Segundo Municipal Code ( "ESMC "); C. In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA "), the regulations promulgated thereunder (14 Cal. Code of Regulations § §15000, et seq., the "CEQA Guidelines "), and the City's Environmental Guidelines (City Council Resolution No. 3805, adopted March 16, 1993); D. The Department of Community, Economic and Development Services completed its review and scheduled a public hearing regarding the application before this Council for August 5, 2003; E. On June 26, 2003, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the City Council by Albert L. Marco; and adopted Resolution No. 2549 recommending City Council approval of the project; F. On August 5 and 19, 2003 the City Council held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the City Council by Albert L. Marco, and adopted Resolution No. 4322 approving Environmental Assessment No. 608 for Zone Text Amendment No. 03 -1; and, Page 1 of 4 G. The City Council considered the information provided by City staff, public testimony, and by Albert L. Marco representative. This Ordinance is made based upon the evidence presented to the City Council at its August 5 and 19, 2003 hearing including, without limitation, the staff report submitted by the Department of Community, Economic and Development Services. SECTION 2: A new definition is added to El Segundo Municipal Code ( "ESMC ") § 15 -1- 6 to read as follows: "LIVE/WORK: The partial use of a dwelling unit for the following commercial uses: artists studios and work space for artists and artisans, illustrators, painters, sculptors, photographers, or other activities related to fine arts (except musicians); and architectural, engineering, industrial design and drafting and other construction design activities. Live/Work uses are in addition to residential purposes and must comply with all the following: A. Live/Work uses may only be located in the Medium Density Residential (MDR) Zone of the Smoky Hollow Specific Plan Area; B. Live/Work uses cannot be open to walk -in trade or client visits other than by appointment; C. Only one employee, other than the resident, may be employed on -site; D. Work activity must be conducted entirely within the individual unit; E. Outdoor storage is not permitted; F. Live/Work uses cannot generate hazardous materials or employ hazardous processes; G. The Live/Work use cannot be publicly observed; H. Live/Work activities, such as noise, vibration, dust, odors, fumes, smoke, heat, electrical interference or other similar nuisances, cannot be perceptible beyond the individual unit; I. Live/Work activities cannot increase pedestrian or vehicle traffic beyond that ordinarily associated with residential occupancy nor can it reduce the number of required off - street parking spaces Page 2 of 4 available for residential use; J. One wall sign is permitted at the entrance of each individual unit. The wall sign cannot exceed six square feet and cannot extend above or out from the wall. Signs cannot emit sounds, order, or visible matter, such as smoke or steam. Signage may be lighted from another source such as gooseneck lamps. Internally illuminated and neon signs are not allowed. Roof top signage is not allowed within the zone. Signs cannot contain any revolving, fluttering, flashing or spinning elements. All signage is subject to City requirements for sign permits." SECTION 3: ESMC § 15 -7A -2 is amended to read as follows: "Section 15 -7A -2: Permitted Uses A. Multiple - family dwellings including condominiums, apartments, townhomes and small lot detached housing. B. Live /work uses. C. Other similar uses approved by the Director of Community, Economic and Development Services as provided by Chapter 22 of this Title." SECTION 4: ESMC § 15- 7A- 4(D)(4) is amended to read as follows: "Grand Avenue Setback: Notwithstanding any of the above - referenced setbacks, a thirty foot (30) minimum setback is required, except that all lots with a depth of less than 140' feet may provide a minimum of fifteen feet (15) from the Grand Avenue right -of -way line." SECTION 5: 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 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 (31st) day following its passage and adoption. Page 3 of 4 PASSED AND ADOPTED this 2nd day of September, 2003. LL-,- Mike Gordon, Mayor APPROVED AS TQ'FO Mark D. H Karl H. Berger Assistant City ttorr ATTEST: 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 said City is five; that the foregoing Ordinance No. -,65 was duly introduced by said City Council at a regular meeting held on the 19th day of August 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 2nd day of September, 2003, and the same was so passed and adopted by the following vote: AYES: Gordon, Jacobs, McDowell, Wernick NOES: None ABSENT: Gaines ABSTAIN: None �! ME 1 Wei • '1 Page 4 of 4 CITY OF EL SEGUNDO AFFIDAVIT OF POSTING: STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss CITY OF EL SEGUNDO } ORDINANCE NO. 1365 AN ORDINANCE ADDING A NEW USE, DEFINED AS LIVEIWORK, TO THE PERMITTED USES WITHIN THE MEDIUM DENSITY RESIDENTIAL ZONE SET FORTH IN THE EL SEGUNDO MUNICIPAL CODE (ZONE TEXT AMENDMENT NO. 03 -1) 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 September 2, 2003, was posted at the following conspicuous place, City Hall Front Window, on September 8, 2003, at 11:45 a.m. declare under the penalty of perjury that the foregoing is true and correct. Executed on September 8, 2003. (Signature)