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ORDINANCE 1425ORDINANCE NO. 1425 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE § §15- 1-6 AND 15- 15- 3(B)(10) REGULATING ACCESSORY AUTOMOBILE SALES AT AUTOMOBILE SERVICE FACILITIES IN THE MEDIUM MANUFACTURING (MM) AND SMALL BUSINESS (SB) ZONES. 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 September 2, 2008, the City Council directed staff to prepare an amendment to the El Segundo Municipal Code ( "ESMC ") allowing incidental sales of no more than three automobiles at any one time and no more than eight automobiles per month by automobile service facilities located within the Medium Manufacturing (MM) and Small Business (SB) Zones; B. On November 15, 2008, the City filed an application for Environmental Assessment No. EA -805 and Zone Text Amendment ZTA No. 08 -02 affecting ESMC §§ 15 -1 -6 and 15 -15 -3; C. The City reviewed the project's environmental impacts under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQK) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "State CEQA Guidelines "), and the City's Environmental Guidelines (City Council Resolution No. 3805, adopted March 16, 1993); D. After a public hearing on December 11, 2008, the Planning Commission adopted Resolution No. 2649 recommending City Council approval of Environmental Assessment No. EA -805 and Zone Text Amendment No. 08 -02; E. Based upon the evidence collected during the public hearings before the Planning Commission and City Council, it is in the public interest to adopt this Ordinance to amend the ESMC; F. This Ordinance and its findings are made based upon the testimony and evidence presented to the City Council at its January 20, 2009 hearing including, without limitation, the staff report submitted by the Planning and Building Safety Department. Page 1 of 6 SECTION 2: The definition of "Automobile Services" in ESMC § 15 -1 -6 is amended to read as follows: "AUTOMOBILE SERVICES: Automobile repair and maintenance, which includes body and fender work, engine overhauling and replacement, transmission work, automobile painting, and car washing. Automobile services also include as accessory uses: retail sales and services, and storage of tires, car parts and other automobile supplies; limited automobile sales. Automobile sales cannot exceed eight (8) automobiles per month; not more than three (3) automobiles can be displayed at one time." SECTION 3: ESMC § 15- 15- 3(8)(10) is amended to read as follows: "10. Automobile services, automobile repair garages, body shops, and service stations 2 spaces for each service stall plus 2 spaces for office. Additionally, a parking plan must be submitted for automobile service uses that include limited automobile sales. The plan must demonstrate that the area for the display of itomobiles for sale will not encroach into quired setbacks, parking spaces, driveways, ive aisles, vehicle back up areas, landscaping, id any other required use areas as required by s Code. SECTION 4: General Plan Findings and Smoky Hollow Specific 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. "Automobile Sales" is proposed as an accessory use to automobile services in the Small Business (SB) and Medium Manufacturing (MM) Zones within the Smoky Hollow Specific Plan. The General Plan land use designation for the Small Business (SB) and Medium Manufacturing (MM) Zones is Smoky Hollow Mixed Use. "Automobile Sales" as an accessory use to automobile services is consistent with the intent of the General Plan land use designation as accessory to an existing commercial use and compatible with the surrounding light industrial, manufacturing, research and development, and office uses. Page 2 of 6 B. The proposed project to allow accessory "automobile sales" and add a corresponding parking requirement for accessory "automobile sales" conforms with the General Plan goals, objectives and policies related to the Economic Development, Land Use and Circulation Elements. The project is consistent with the Land Use Element Goals, Objectives and Policies. Specifically, the use is consistent with the intent of the Land Use Element Goal LU4 in that the development of the new use will foster a stable tax base for the City. C. The proposed project to amend the definition of "Automobile Services" to include an accessory use of "automobile sales" and add a parking requirement for accessory "automobile sales" is consistent with Economic Development Goals ED -1 and ED -2; Objectives ED1 -1 and ED1 -2; Policies ED1 -1.1, ED1 -2.1, and ED1 -2.2 in that the development benefits a diverse array of stakeholders, expands the retail and commercial base, and maintain and promote land uses that improve the City's tax base. D. The proposed project is consistent with the Circulation Element Objective C3- 2, Policy C3 -2.1 and Policy C3 -2.2 in that the parking requirement supports the intensity of the proposed use ensuring that sufficient on parking is provided. E. The proposed project conforms with several Smoky Hollow Specific Plan goals, objectives and policies related to Pattern of Uses, Condition of Existing Development, Compatibility of Land Uses, New Use and Intensification, Site Development Standards, and Parking and Loading. Specifically, the use is consistent with the Pattern of Use Objective 1.1, 1.2, 1.3, and 1.4 in that the proposed project preserves existing quality uses, expands existing quality uses, responds to market opportunities, and promotes small industrial businesses west of Lomita Street. The proposed amendment conforms specifically to Policy 4 in that the proposal expands and redevelops authorized use that meets prescribed development guidelines. F. The proposed project is consistent with Objectives 2.1, 2.2, and 2.3 of Condition of Existing Development in that the project maintains existing quality of development and adopts a reasonable standard of development for new developments. The proposed project is consistent with Policies 1, 3 and 4 in that the project allows maximum site development through liberal site development standards by allowing accessory automobile sales and establishing parking standards that are appropriate to the parcel sizes in the area. G. The proposed project is consistent with Objectives 4.1, 4.2, and 4.3 of Compatibility of Land Uses in that the project introduces a complementary Page 3of6 land use and establish parking standards to accommodate the proposed use. The proposed project implements Policy 2 which requires that the proposed use is compatible with the existing design of surrounding uses and requires ministerial site plan review in addition to the discretionary review of the Conditional Use Permit (CUP) for the main automobile service use. H. The proposed project is consistent with Objectives 5.1, 5.2, 5.3 and 5.4 of New Uses and Use Intensification in that the project introduces an accessory land use compatible the industrial nature of the area, increases the likelihood of business retention and does not significantly increase usage of public facilities. The proposed project is consistent with Policies 1 and 2 because accessory automobile sales extends the capabilities of existing automobile services in the area and approval of accessory automobile sales requires an existing Conditional Use Permit (CUP) and site plan review. The proposed project is consistent with Objectives 7.1, 7.2, 7.3 and 7.4 of Site Development Standards in that the project promotes an economically efficient land -use on already existing spaces through the addition of accessory automobile sales and promotes efficient use of existing space by restricting the number of cars on display and sold. The project is consistent with Policies 1 and 3 because the additional parking requirements are suited for the smaller parcels of the area and consequently, does not impose a burden on larger parcels usually located in the Medium Manufacturing (MM) Zone. J. The proposed project is consistent with Objectives 9.2 and 9.3 of Parking & Loading in that the project's additional parking area requirements for the proposed intensification of the primary use serves to provide adequate parking at all times for employees and visitors. The proposed accessory automobiles sales use does not exacerbate any parking problems in the area. The project is consistent with Policy 2 in that the proposed parking requirements and accessory use are tailored to the much smaller parcels in the area allowing larger parcels area to provide excess parking spaces. SECTION 5: Zone Text Amendment Findings. Based on the factual findings of this Ordinance, the proposed Zone Text Amendment is necessary to carry out the proposed project and to establish development standards for the accessory use of "automobile sales." A. The project is consistent with the City's procedures and standards; B. "Automobile sales" as an accessory use is consistent with the purpose of the Small Business (SB) Zone to provide small business a place to establish and prosper; Page 4 of 6 C. "Automobile sales" as an allowed accessory use is consistent with the intent of the Medium Manufacturing (MM) Zone to allow the maintenance of existing commercial businesses and the development of medium -sized light industrial and manufacturing activities and to provide a transitional land use area between the high intensity aircraft/aerospace office uses east of Sepulveda Boulevard and the small single parcel industrial businesses of the westerly portion of the Smoky Hollow area; and D. The proposed off - street parking requirement of three additional parking spaces for the display of automobiles for sale at automobile services facilities with accessory automobile sales is consistent with the purpose of ESMC Chapter 15 -15 regarding Off - Street Parking and Loading Space requirements in that the requirement will provide parking for the vehicles on display to be sold to mitigate impacts of on- street parking in the City. SECTION 6: 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 "CEQA Guidelines ") because it consists only of minor revisions and clarifications to an existing code of land use regulations and specification of procedures related thereto and does not have the effect of deleting or substantially changing any required regulatory standards or findings. The project, therefore, does not have the potential to cause significant effects on the environment. Consequently, it is categorically exempt in accordance with CEQA Guidelines §§ 15061(b)(3) as CEQA only applies to projects that have the potential to cause a significant effect on the environment; 15301 as a minor alteration of existing public or private structures involving negligible expansion of use; and 15305 as a minor alteration in land use limitations which do not result in any changes in land use or density. SECTION 7: 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 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 Page 5 of 6 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 this3rd day of February ATTEST: C Cindy M rtesen, City Clerk //J r Karl H. Berrger, As *font City Attorney L/. .2009. P: \Planning and Building Safety\PROJECTS \801 - 825 \EA- 805\EA -805 ZTA 08 -02 Auto Sales ORD.doc Page 6 of 6 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. 1425 was duly introduced by said City Council at a regular meeting held on the 20`h day of January, 2009, 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 3rd day of February, 2009, and the same was so passed and adopted by the following vote: AYES: McDowell, Busch, Brann, Fisher, Jacobson NOES: None ABSENT: None ABSTAIN: None �1�' Cindy MorYesen, City Clerk