ORDINANCE 1419ORDINANCE NO. 1419
AN ORDINANCE AMENDING THE SMOKY HOLLOW SPECIFIC
PLAN BY PROVIDING FOR LIMITED ACTIVATION OF LAND
USES, ACTIVATING LIMITED COMMERCIAL USES, AND
MAKING TECHNICAL CHANGES TO CONFORM WITH
CALIFORNIA LAW.
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: Smoky Hollow Specific Plan Findings. The City Council finds and
declares that the amendments to the Smoky Hollow Specific Plan set forth in this
ordinance are consistent with the Smoky Hollow Specific Plan as follows:
A. The Smoky Hollow Speck Plan specifically recognizes that
individual property owners and market forces should
determine what growth should occur in the area. (ESMC §
15- 11 -2).
B. Both the procedural amendments to the Smoky Hollow
Specific Plan and the activation of a portion of the Grand
Avenue Commercial Zone to the Smoky Hollow Specific
Plan set forth in this Ordinance are consistent with the goals
and objectives of the Smoky Hollow Specific Plan including,
without limitation:
Objective 1.3 — providing maximum possible
responsiveness to market opportunities within the
desire development intensification; and
2. Objective 5.1 — Providing for maximum possible
capture of market opportunities by property owners.
C. Since the Property is covered by the Grand Avenue
Commercial overlay district which allows general office and
medical - dental office uses, activation of only these uses for
the Property is consistent with the purpose of the Grand
Avenue Commercial overlay district.
D. Since the project site is regulated by the Grand Avenue
Commercial overlay district which allows general and
medical - dental office uses, activation of only these uses for
the project site is consistent with the Smoky Hollow Specific
Plan.
E. The amendments to the Smoky Hollow Specific Plan set
forth in this Ordinance are consistent with the City's General
Plan as the Land Use Map designates the property as
Smoky Hollow Mixed Use, which specifically provides for
office uses and commercial uses under the Grand Avenue
Commercial Zone.
SECTION 2: Additional Findings. The City Council also finds and declares as
follows:
A. The findings set forth in Resolution No. 4559, adopted on July 15,
2008, are incorporated as if fully set forth.
B. Based upon the entirety of the administrative record including,
without limitation, Resolution No. 4559, the public hearings before
the Planning Commission and City Council, and additional
information in the record, in accordance with ESMC §§ 15 -713-13
and 15- 11- 2(E)(1)(c)(2), the City Council finds that because only
the office uses set forth in ESMC § 15- 7B -2(B) are being activated
on the project site, the proposed uses will not erode the commercial
market for downtown businesses.
SECTION 3: ESMC § 15- 11- 2(E)(1)(c)(2) is amended to read as follows:
"(2) A commercial district is provided along the south edge of Grand
Avenue for limited commercial development if it can be demonstrated
that erosion of downtown commercial potential will not thereby occur.
Subject to the discretionary approval of the City Council an application
may be filed with the City requesting that only some of the permitted uses
set forth in the Grand Avenue Commercial Zone be activated."
Section 4: ESMC § 15 -11 -3 (D)(2) is amended to read as follows:
"2. Procedure: The City Council, after receiving recommendations from the
Planning Commission, giving written notice to adjacent property owners
and holding a public hearing may activate either of these floating zones.
The Council or the Commission may initiate such change by petition of the
property owner(s). If petitioned for by the property owner only limited uses
in the Grand Avenue Commercial Zone may be activated, in which case
the property shall receive a designation of "GAC — [limited /allowed uses]."
Fees for such a procedure shall be established by the City Council. "
SECTION 5: Zoning Map. The City Council amends ESMC § 15- 11 -3(D) by
revising Exhibit III -2 to show the limited activation of the Grand Avenue
Commercial Zone for General and Medical/Dental Office Uses (GAC
Limited /General and Medical /Dental Office) as specified in ESMC § 15- 7B -2(B)
2
for the property located at 1700 East Grand Avenue and more specifically
identified on attached Exhibit 'A" which is incorporated by reference.
SECTION 6: ESMC § 15- 11- 3(H)(2)(b) is amended to read as follows:
°b. Applicability: Approval of a site plan is required before or concurrent
with a tentative tract or parcel map for all proposed projects within the
specific plan area. Where no tentative tract or parcel map is required,
approval of a site plan must occur before building permits are issued.
Authority for approval of a site plan rests with the Planning and Building
Safety for projects under fifteen thousand (15,000) square feet in floor
area (appealable to the Planning Commission) and with the Planning
Commission for projects fifteen thousand (15,000) square feet or larger in
floor area. If a site plan is being considered in conjunction with the
activation of an overlay zone, the Director or Planning Commission must
make a recommendation and the authority for approval rests with the City
Council."
SECTION 7: ESMC § 15 -11 -3 H(2)(d)(3) is amended to read as follows:
"(3) For projects which are fifteen thousand (15,000) square feet or larger
in floor area, upon determination that the site plan complies with the
provisions of the Specific Plan and the review factors described in the
design guidelines, the Director must prepare a report with
recommendations which must be submitted along with the site plan to the
Planning Commission at the earliest possible regular meeting. The
Planning Commission must approve, deny or conditionally approve the
site plan. If a site plan is being considered in conjunction with the
activation of an overlay zone, the Planning Commission must make a
recommendation and the City Council must approve, deny or conditionally
approve the site plan."
SECTION 8: ESMC § 15- 11- 3(H)(2)(e) is amended to read as follows:
"e. Environmental Determination: The site plan review process is
discretionary, not ministerial, and is therefore subject to the requirements
of the California Environmental Quality Act (CEQA) 20."
SECTION 9: Environmental Assessment. Resolution No. 4559 adopted an
MND for this Project which, among other things, properly assesses the
environmental impact of this Ordinance, and the Project, in accordance with
CEQA. This Ordinance incorporates by reference the findings and analysis set
forth in Resolution No. 4559.
SECTION 10: Repeal or amendment of any provision of the ESMC will not affect
any penalty, forfeiture, or liability incurred before, or preclude prosecution and
3
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 11: 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 12: Severability. 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 13: Effective Date.. This Ordinance will become effective on the thirty -
first (31 st) day following its passage and adoption.
4
PASSED AND ADOPTED this 5th day of August 2008.
7 7
Kelly McDowell, Mayor
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. 1419 was duly introduced by said City Council
at a regular meeting held on the 15th day of July 2008, 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 5th day of
August, 2008, and the same was so passed and adopted by the following vote:
AYES: Busch, Brann, Fisher
NOES: McDowell, Jacobson
ABSENT: None
ABSTAIN: None
( �i^
Cindy 146rtesen, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
By: �
Karl H. Berger, Assistant C' Attorney
P:%Planning & Building SatetylPROJECTS 1751- 7751EA- 7691CC.08.05. 0812008 .08.05.EA- 769.CC.Ord.Smoky Hollow
Specific Plan Amendment. doc
5
?_
M Q
N
til
0
m
vG)
O
�v
N Z
mC
z
m
F 00
03
�3
M
Z o
vD
mr
ON
y�
F' Z
bm
m001%
�n
O�
�C
�>
m -I
cm
yv
O
z
mxnIDIt A
®o]
a
r
Z
D
CA
z
IE
■
c
■
M T 3
m 3
m
S
m
W
■
v
P
8
D
tR
$
■
CALIFORNIA ST
■
■
Q
■
z
■
KANSAS ST
■
O
NoZ
QT
C7
z
E
V1 Y
0
m
m
■
D n
0
■
■
NEVADA ST
a
r
■
D
CA
z
■
c
■
z
z
■
S
m
W
■
v
D n
0
■
■
NEVADA ST
a
■
■
■
■
■
■
■
OREGON ST
■
■
■
CALIFORNIA ST
■
■
■
■
■
■
KANSAS ST
■
O
�o
a
z
0
m
■
■
■
■
■
■
■
■
■
■
■
■
n
0
O
ILLINOIS ST
INDIANA ST
°v
m
O
m