Loading...
ORDINANCE 1395ORDINANCE NO. 1395 AN OMNIBUS ORDINANCE AMENDING THE EL SEGUNDO MUNICIPAL CODE WITH REGARD TO CAFES AND COFFEE SHOPS. The Council of the City of El Segundo does ordain as follows SECTION 1 The City Council finds and declares as follows B This Ordinance is consistent with the City's procedures and standards as set forth in the El Segundo Municipal Code ( "ESMC ") C Amendments to the ESMC affecting cafes and coffee shops comply with the Land Use Element of the General Plan to provide a stable tax base for the City through development of new commercial uses, primarily within a mixed -use environment without adversely affecting the viability of the Downtown, to promote the development of high quality retail facilities in proximity to major employment centers D Amendments to the ESMC affecting cafes and coffee shops comply with the Economic Development Element of the General Plan to foster a strong healthy economic community, to maintain and promote land uses that improve the City's tax base, to encourage the expansion of El Segundo's retail and commercial base so that the diverse needs of the City's business and residential communities are met, and to encourage a mix of retail and commercial business that stimulate pedestrian traffic and meet the communities changing needs for goods and services E Amendments to the ESMC affecting cafes and coffee shops comply with the Circulation Element to ensure the provision of sufficient on -site parking in all new development SECTION 2 A new definition is added to ESMC § 15 -1 -6 to read as follows: "Cafe" means an establishment that sells food or beverages for consumption on or off the premises in conjunction with retail sales of other goods A caf6 can only be located within a multi -use shopping center, office development, or the commercial portion of a mixed use development in a multi -tenant structure Alternatively, a cafe can exist as an accessory use within a primary permitted use A ca156 must comply with the following A A caf6 can only have a limited food and beverage menu Food sold at cafes must be generally received by customers in a pre - packaged or pre - cooked state that requires little or no preparation Limited means for heating food (such as a microwave oven or toaster oven) are allowed, B Cafds cannot exceed 1,200 gross square feet (including the area for food Page 1 of 4 consumption), C The interior area for food consumption in cafes must be a maximum of 400 gross square feet of the floor area of the primary permitted on -site use, D Seating areas in cafes must be clearly separated from other portions of the use as defined by fixed barriers such as full or partial walls, fencing, planters, corridors, counters, or permanent display fixtures, E Not more than 15 seats are allowed within cafes, F Orders for food or beverages in cafes must be placed and picked -up from an interior counter only No table service is provided, G No drive -thru window or outdoor service window is allowed, H No alcoholic beverages can be served; and A minimum of 5% of the gross floor area must be devoted to the sale of non -food products " SECTION 3 A new § 15 -15 -3 B (14) is added to the ESMC to read as follows Nonresidential Uses Number of Parking Spaces Required (14) Caf6s (a) Which equals 201/o or less of the gross floor area of a multi -tenant 1 space for each 300 square feet shopping center, office development or the commercial portion of a mixed -used development: (b) Any portion of a Cafe or any cumulative floor area of multiple 1 space for each 75 square feet, including cafes which exceeds 20% of a outdoor areas if outdoor dining area multi -tenant shopping center, exceeds 200 sq ft office development, or the commercial portion of a mixed - used development SECTION 4 Cafes as a permitted Use The cafe use is added to the following sections of the ESMC 15 -5A -2, 15 -5A -3; 15- 5A -5(C), 15 -5B -2, 15 -5B -3, 15- 5B -5(C); 15 -5C -2, 15 -5C -3, 15- 5C-5(E), 15 -5D -2, 15 -SD -3, 15- 5D -5(F), 15 -5E -2, 15 -5E -3, 15- 5E -5(G), 15 -5F -2, 15 -5F -3; 15- 5F-5(H), 15 -5G -2, 15 -5G -3, 15 -6A -2, 15 -6A -3, 15- 6A -5(E), 15 -6C -2, 15 -6C -3, 15- 6C -5(C); 15- 6D-2, 15 -6D -3, 15- 6D -5(C), 15 -7B -2, and 15 -7B -3 Page 2 of 4 SECTION 5 Administrative Use Permits In order to implement the new caf6 use, as set forth in this Ordinance, and to clarify the authority delegated to the Planning and Building Safety Director for issuing administrative use permits ( "AUP "), all provisions of the ESMC which currently would allow the on -site sale and consumption of alcohol at a caf8 use to be permitted with an AUP are amended to remove the term "cafe" from the list of uses with on -site sale and consumption of alcohol authorized by AUP SECTION 6 Coffee Shops Coffee shops are not defined within the ESMC and the common use of the term is incorporated into the definition of cafe as set forth above Accordingly, the ESMC is amended in its entirety to remove all references to the term "coffee shops " SECTION 7 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 8 Repeal of any provision of the El Segundo Municipal Code does 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 9 The City Council determines that this ordinance has been analyzed for its environmental impacts and a draft Initial Study of Environmental Impacts was prepared pursuant to Public Resources Code § 15063 (the California Environmental Quality Act) A Negative Declaration of Environmental Impacts was prepared for this project pursuant to CEQA § 15070 The negative declaration was certified by the City Council on May 2, 2006 pursuant to Resolution No 4463 SECTION 10 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 Page 3 of 4 PASSED AND ADOPTED this 16th dE ` ATTEST Cindy rtesen 4 City Clerk APPR( Mark L Page 4 of 4 CERTIFICATION 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 the said City is five, that the foregoing resolution, being ORDINANCE NO 1395 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 16`h day of May, 2006, and the same was so passed and adopted by the following vote 2006 AYES McDowell, Busch, Boulgandes, Fisher, Jacobson NOES None ABSENT None ABSTENTION None NOT PARTICIPATING None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 16th day of May, Cindy MoFfesen, City Clerk Of the City of El Segundo, California (SEAL)