ORDINANCE 1398ORDINANCE NO. 1398
AN ORDINANCE AMENDING SECTION 15 -21 -6 OF THE EL SEGUNDO
MUNICIPAL CODE ( "ESMC ") AND ADD A NEW 15 -21 -8 TO THE ESMC
TO REGULATE NONCONFORMING BUILDINGS AND USES WITHIN
THE HEAVY INDUSTRIAL (M -2) ZONE.
The City Council of the city of El Segundo does ordain as follows
SECTION 1 The City Council finds and declares as follows
A A review of the El Segundo Municipal Code ( "ESMC ") shows that there
are numerous updates that would be prudent to be made to various
regulations for zoning and other, similar, matters,
B This Ordinance is intended to update, clarify, and bring certain provisions
of the City's nonconforming use regulations into conformance with current
policies and procedures,
C On December 20, 2005, the City Council directed staff to prepare an
amendment to the El Segundo Municipal Code ( "ESMC ") to reduce the
time period allowed for nonconforming uses and buildings within the
Heavy Industrial (M -2) Zone to remain vacant and still retain the right to
maintain a legal nonconforming use,
D This process was initiated in order to remove the inequity of allowing
certain nonconforming uses and buildings within the Heavy Industrial (M-
2) Zone to maintain a legal nonconforming use without a demonstrable
good faith attempt to either promptly bring the property or building in
compliance with existing laws or continue using the nonconforming
building or use,
E. There is a strong public interest in ensuring that such nonconforming uses
and buildings be required to comply with current laws and regulations,
F Based upon the evidence collected during the public hearing before the
Planning Commission, staff recommendations, evidence submitted during
the City Council public hearing, and Council deliberations, it is in the public
interest to adopt this Ordinance to amend the ESMC,
G 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
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SECTION 2 ESMC § 15 -21 -6 is amended to read as follows
"15 -21 -6: NONRESIDENTIAL RESTRICTIONS:
Except as otherwise provided for the Heavy Industrial (M -2) Zone, 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
requirements of this title related to setbacks, lot coverage, height and
parking, but is not 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 title 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
required to compensate for any deficiency or nonconformity in the original
budding or use
C Except as otherwise provided for Heavy Industrial (M -2) Zone, 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 Except as otherwise provided for the Heavy Industrial (M -2) Zone, a
nonconforming use in a conforming or nonconforming building may be
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replaced with another similar nonconforming use, provided the budding 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, A new § 15 -21 -8 is added to the ESMC to read as follows
"15 -21 -8: RESTRICTIONS FOR THE HEAVY INDUSTRIAL (M -2) ZONE.
A If a nonconforming building within a Heavy Industrial (M -2) Zone remains
vacant for a period of six (6) consecutive months, it must be upgraded to
meet all requirements of this title before occupancy, except buildings that
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
B A nonconforming use in a conforming or nonconforming building located
within the Heavy Industrial (M -2) Zone may be replaced with another
similar nonconforming use, provided the budding is not vacant for more
than six (6) consecutive months, except buildings that are activ
available for lease and occupancy, or are being remodeled pursuant f6"
permit or subject to section 15 -21 -3 of this chapter, are not considered
vacant for purposes of this section "
SECTION 4 Environmental Assessment The City Council determines that this
Ordinance is exempt from review under the California Environmental Quality Act
(California Public Resources Code §§ 21000, et seq , "CEQA ") and the regulations
promulgated thereunder (14 California Code of Regulations §§ 15000, et seq , the
"State CEQA Guidelines ") because it consists only of minor revisions and clarifications
to an existing zoning code and specification of procedures related thereto and will not
have the effect of deleting or substantially changing any regulatory standards or findings
required therefor The proposed Ordinance is an action that does not have the potential
to cause significant effects on the environment, but rather will help reduce the impact of
nonconforming uses on the environment Accordingly, the proposed Ordinance
constitutes a Class 1, Class 4, Class 5, and Class 8 categorical exemption.
SECTION 5 Repeal or amendment of any provision of the ESMC 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 If any part of this Ordinance or its application is deemed invalid by a court
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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 7- 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 8 This Ordinance will become effective on the thirty -first (31st) day following
its passage and adoption.
PASSED AND ADOPTED this 3rd day otoctober , 2006
ATTEST
bGiila�
Cindy Mo esen, Cjty Clerk
H Berger, O fstant City Attorney
P \Planning aWudding Safety\PROJECTS \701- 725 \EA - 721\2006 10 03 EA721 CC NonconformingOrd doe
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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 1398 was duly introduced by said City Council
at a regular meeting held on the 19th day of September, 2006, 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 3'd day of October, 2006, and the same was so passed and adopted by the
following vote
AYES McDowell, Busch, Boulgandes, Fisher, Jacobson
NOES NONE
ABSENT NONE
ABSTAIN NONE
Cindy Mortesen, City Clef