ORDINANCE 1405ORDINANCE NO. 1405
AN ORDINANCE AMENDING El SEGUNDO MUNICIPAL CODE
( "ESMC ") § 15 -1 -6 TO ADD A NEW DEFINITION FOR "MUSEUM" AND
TO AMEND ESMC § 15 -5D -5 TO ADD MUSEUMS AS A
CONDITIONALLY PERMITTED USE IN THE CORPORATE OFFICE
(CO) ZONE, SUBJECT TO THE CONDITIONAL USE PERMIT
REQUIREMENTS IN ESMC CHAPTER 23.
(ZTA NO. 06 -03)
The City Council of the City of El Segundo does ordain as follows
SECTION 1 The City Council finds and declares as follows
A On February 27, 2006, Earl Rubenstein initiated an application for
Environmental Assessment No. EA -661 and Zone Text Amendment No
06 -03 requesting to amend the El Segundo Municipal Code (ESMC) §15-
1-6 to add a new definition for "Museum" and to amend ESMC §15 -5D -5
to add Museums as a conditionally permitted use in the Corporate Office
(CO) Zone, subject to the Conditional Use Permit requirements in ESMC
Chapter 23 (collectively, the "Project "),
B The application was prepared and reviewed by the City's Planning and
Budding Safety Department for, in part, consistency with the General Plan
and conformity with the 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 An Initial Study was prepared in accordance with CEQA for the Protect
The Initial Study found no substantial evidence that the Project would
have a reasonably foreseeable significant effect on the environment
Accordingly, a negative declaration was prepared The notice of intent to
adopt the negative declaration was provided in accordance with CEQA.
The negative declaration was circulated for public review and comment
between November 24, 2006 and December 13, 2006;
E On December 14, 2006 the Planning Commission held a public hearing to
receive public testimony and other evidence regarding the application
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including, without limitation, information submitted by the Planning and
Budding Safety Department in the staff report and provided to the
Commission by Earl Rubenstein, representing the Automobile Museum
Following the public hearing, the Commission considered the evidence
and adopted Resolution No 2613 recommending City Council approval of
Environmental Assessment No 661 and Zone Text Amendment No 06-
03,
F On January 16, 2007, the City Council held a public hearing and
considered documentary and verbal testimony including, without limitation,
the staff report , and
G This Ordinance and its findings are made based upon the testimonial and
documentary and evidence presented to the Council at its January 16,
2007 hearing, including without limitation the staff report submitted by the
Planning and Safety Department
SECTION 2 General Plan Findings As required under Government Code § 65454 the
ESMC amendments proposed by this Ordinance are consistent with the City's General
Plan as follows
A "Museum" is proposed as a use with the approval of a conditional use permit in
the Corporate Office (CO) Zone, A museum use, as defined in the Ordinance, is
consistent with the intent of the General Plan land use designation "Corporate
Office" to permit a mixture of office and food - serving uses in single- tenant or
multi- tenant buildings with limited retail uses permitted in the lobby area and
research and development uses east of Sepulveda Boulevard
B The Protect is consistent with Land Use Element Goals, Objectives and Policies
Specifically, the use is consistent with the intent of the Land Use Element Goal
LU -4 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 Downtown Additionally, the use is consistent with the
intent of Land Use Element Objective LU4 -4, Policy LU -4 -1 1 and Policy LU5 -3 1
in that it will provide areas where development has the flexibility to mix uses, in
an effort to provide synergistic relationships which have the potential to maximize
economic benefit, reduce traffic impacts, and encourage pedestrian
environments, and it will require landscaping, its maintenance, and permanent
upkeep on all new commercial developments and it will promote the revitalization
and upgrading of areas which contain aesthetic or functional deficiencies in such
areas as landscaping, off - street parking and loading areas
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C The Project conforms with Circulation Element Policy C3 -2 1 in that it will secure
sufficient on -site parking in all new museum development by establishing parking
requirements as determined by a parking study
D The Project is consistent with the intent of Economic Development Element Goal
ED1, Policy ED1 -2 1, and Policy ED1 -2 2 in that it will contribute toward creating
a strong, healthy economic community in which all diverse stakeholders may
benefit, it will assist in expanding El Segundo's retail and commercial base so
that the diverse needs of the City's business and residential communities are
met, and it will help maintain and promote land uses that improve the City's tax
base, balancing economic development and quality of life goals
E The Project is consistent with the intent of Economic Development Element Goal
ED2 in that it helps create a supportive and economically profitable environment
as the foundation of a strong local business community
SECTION 3* Zone Text Amendment Findings Based on the findings set forth above,
this proposed Ordinance will implement the proposed Project in accordance with ESMC
§ 15 -26 -3 as follows
A "Museum" as a conditionally permitted use in the Corporate Office (CO)
Zone is consistent with the intent of the Corporate Office (CO) Zone to
allow a mixture of uses complimentary to offices and food serving uses
with limited retail uses Accessory uses customarily incidental to and
associated with museums including offices, public uses such as libraries,
restaurants, cafes, and public and private recreational uses are permitted
uses in the Corporate Office (CO) Zone Accessory uses customarily
incidental to and associated with museums that include limited support
service retail uses are permitted accessory uses in the Corporate Office
(CO) Zone
B. Museums as a conditionally permitted use in the Corporate Office (CO)
Zone will be compatible with other uses and consistent with the intent of
the Zone in that the density cannot exceed a maximum 0 8 floor area ratio
SECTION 4 ESMC § 15 -1 -6 is amended to add the following definition
"15 -1 -6: DEFINITIONS:
k
Museum A land use involving the collection, documentation, preservation,
exhibition, interpretation and public display of objects of historical, scientific,
cultural, or artistic interest for the public benefit. A museum may include ancillary
offices, a library, multimedia presentation rooms and storage rooms. Museums
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may also include accessory uses such as retail sales, restaurants, cafes,
recreational uses, and other uses ancillary uses customarily associated with
museums "
SECTION 5 ESMC § 15 -5D -5 is amended to read as follows
"15 -5D -5: USES SUBJECT TO CONDITIONAL USE PERMIT: The following
uses shall be allowed subject to obtaining a conditional use permit, as provided by
Chapter 23 of this Title
A Drive -thru restaurants, except properties located west of Sepulveda Boulevard
where drive -thru restaurants are prohibited
B Freight forwarding
C Helicopter landing facilities subject to the provisions of Section 15 -2 -13 of this Title
D Hotels and motels, except properties located west of Sepulveda and east of Aviation
Boulevards where hotels and motels are prohibited
E Museums
F On -site sale and consumption of alcohol at bars
G Outdoor dining, exempting outdoor dining at restaurants and drive -thru restaurants
where outdoor dining comprises twenty percent (20 %) or less of the total dining area
of the restaurant or drive -thru restaurant, but not exceeding two hundred (200)
square feet of floor area
H Service stations, if a five hundred foot (500') minimum distance from any residential
zoned property is provided This distance criteria does not apply to properties east of
Sepulveda Boulevard
I Video arcades with four (4) or more video or arcade machines
J Other similar uses approved by the Planning and Building Safety Director, as
provided by Chapter 22 of this Title "
SECTION 6 Environmental Assessment The City Council certified a Negative
Declaration for this Ordinance pursuant to Resolution No 4500, adopted on January 16,
2007
SECTION 7 Repeal 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
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part will remain in full force and effect for sustaining action or prosecuting violations
occurring before the effective date of this Ordinance.
SECTION 8 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 9 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 10 This Ordinance will become effective on the thirty -first (31st) day
following its passage and adoption
PASSED AND ADOPTED this 22nd day of Janupry, 2007
Kelly
ATTEST
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cathy Domann, Deputy 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 1405 was duly introduced by said City Council at a regular
meeting held on the 16th day of January 2007, 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 22nd day of
January 2007, and the same was so passed and adopted by the
following vote
AYES McDowell, Busch, Boulgarides, Fisher, Jacobson
NOES None
ABSENT None
ABSTAIN None
Cindy Mort en, City Clerk
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