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ORDINANCE 1447ORDINANCE NO. 1447 AN ORDINANCE ADDING A NEW CHAPTER 13A TO TITLE 15 REGULATING ASSEMBLY HALLS, AMENDING THE PERMITTED AND CONDITIONALLY PERMITTED USES IN VARIOUS ZONES, AND AMENDING THE PERMITTED AND CONDITIONALLY PERMITTED USES IN THE DOWNTOWN SPECIFIC PLAN. The City Council of the city of El Segundo does ordain as follows: SECTION 1: The City Council finds and declares as follows: A. This ordinance is intended to establish objective, content neutral, land use regulations for using facilities designed to accommodate large scale public and private assemblies of people; B. Such gatherings, whether periodic or ongoing, impact surrounding land uses with vehicle and pedestrian traffic; noise; and other, similar, effects caused by large crowds; C. The City's ability to exercise its powers in accordance with Article XI, § 7 of the California Constitution to regulate land use is well - established. This ordinance is intended to regulate aesthetics, traffic, parking, public peace, and other, similar, matters related to public health, safety, and welfare; D. Any environmental impacts associated with this ordinance are adequately addressed in the General Plan FEIR. Accordingly, this ordinance is consistent with the General Plan FEIR and is exempt from further environmental review requirements under the California Environmental Quality Act. E. This ordinance constitutes a component of the El Segundo Development Code which the Planning Commission determined to be consistent with the FEIR for the 1992 El Segundo General Plan on December 1, 1992. Accordingly, no further environmental review is required pursuant to 14 Cal. Code Regs. § 15168(c)(2). The Finding of Consistency is attached as Exhibit 'A" and incorporated by reference. SECTION 2: General Plan Findings. As required under Government Code § 65454 the ESMC amendments proposed by this Ordinance are consistent with the El Segundo General Plan as follows: A. It conforms with the Land Use Element Goals, Objectives and Policies. Specifically, the Ordinance is consistent with Goal LU1, Objective LU1 -5, in that it creates policies, design standards; helps create a sense of place for the entire City; develops standards that will ensure the compatibility of Page 1 assembly hall uses with surrounding uses; and encourages the construction of high - quality, well designed developments through the adoption of property development standards. B. It conforms with the Noise Element Goals Objectives and Policies. Specifically, it is consistent with Goal N1, Objective N1 -2, in that it helps ensure that City residents are not exposed to excessive noise from stationary sources. SECTION 3: Zone Text Amendment Findings. In accordance with ESMC § 15 -26 -4 and based on the findings set forth in Section 2, the proposed Zone Text Amendment is consistent with the goals, policies, and objectives of the General Plan as follows: A. It is consistent with the purpose of the ESMC, which is to serve the public health, safety, and general welfare and to provide the economic and social advantages resulting from an orderly planned use of land resources. B. It is necessary to facilitate the development process and ensure the orderly development of properties with assembly hall uses that are compatible with surrounding properties and developments. SECTION 4: Specific Plan Findings. After considering the above facts, the City Council finds as follows: A. This Ordinance affects all properties and districts in the Downtown Specific Plan. B. This amendment to the Downtown Specific Plan is consistent with the General Plan land use designation for the properties involved. SECTION 5: ESMC § 15 -46 -5 is amended to read as follows: "USES SUBJECT TO CONDITIONAL USE PERMIT: The following uses are allowed subject to obtaining a conditional use permit, as provided by Chapter 23 of this Title: A. Any use permitted as a conditionally permitted use in the R -1 Zone. B. Assembly halls. C. Private schools. D. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 22 of this Title." Page 2 SECTION 6: ESMC § 15 -4C -2 is amended to read as follows: "PERMITTED USES: The following uses are permitted in the R -3 Zone: A. Any use permitted in the R -2 Zone. B. Condominiums and stock cooperatives converted from multiple - family dwellings subject to the requirements of the Subdivision Map Act. C. Daycare centers. D. Large family daycare homes pursuant to Section 15 -4A-4 of this Chapter. E. Lodging houses. F. Multiple - family dwellings. G. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 22 of this Title." SECTION 7: ESMC § 15 -4C -4 is amended to read as follows: "USES SUBJECT TO CONDITIONAL USE PERMIT: The following uses are allowed subject to obtaining a conditional use permit, as provided by Chapter 23 of this Title: A. Any use permitted as a conditionally permitted use in the R -2 Zone. B. Assembly halls. C. Public parking area, developed and maintained as required by this Chapter when the sideline of the lot or parcel on which it is located forms a common boundary with a lot or parcel zoned for commercial or industrial purposes. D. Senior citizen housing in accordance with California Government Code sections 65913, 65914 and 65915. E. Senior housing facilities, including, but not limited to, rest homes, convalescent homes, or nursing homes. F. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 22 of this Title." SECTION 8: ESMC § 15 -4D -2 is amended to read as follows: Page 3 "PERMITTED USES: A. The following uses are permitted in the PRD Zone subject to the approval of a PRD plan: Single -and multiple - family dwelling units designed as detached, semi - detached, or attached buildings. B. The following are permitted transitional uses of existing facilities subject to approval of a transitional use PRD plan and time limitations which may be imposed by the Planning Commission or City Council: Assembly halls. Daycare centers. Private schools. Public or private recreation." SECTION 9: ESMC § 15 -5A -2 is amended to read as follows: "PERMITTED USES: The following uses are permitted in the C -RS Zone: A. Billiard -pool rooms and bowling alleys. B. Financial institutions. C. General Offices. D. Government buildings (including offices, police and fire stations, parking and related buildings). E. Medical - dental offices. F. Restaurants, delicatessens, and cafes (excluding dancing and entertainment). G. Retail uses providing sales (excluding off site alcohol sales) and services. H. Schools. I. Other similar uses approved by the Director of Planning and Building Safety, as provided by chapter 22 of this title." SECTION 10: ESMC § 15 -5A -5 is amended to read as follows: Page 4 "USES SUBJECT TO CONDITIONAL USE PERMIT: The following uses are allowed subject to obtaining a conditional use permit, as provided by chapter 23 this title: A. Assembly halls. B. On site sale and consumption of alcohol at bars. C. Outdoor dining, exempting cafes, outdoor dining at restaurants and drive - though restaurants where outdoor dining comprises twenty percent (20 %) or less of the total dining area of the restaurant or drive - through restaurant, but not exceeding two hundred (200) square feet of floor area. D. 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. E. Video arcades with four (4) or more video or arcade machines. F. Other similar uses as approved by the Director of Planning and Building Safety, as provided by chapter 22 of this title." SECTION 11: ESMC § 15 -5E -2 is amended to read as follows: "PERMITTED USES: The following uses are permitted in the MU -N Zone: A. Business service establishments such as electronic computer facilities and addressing services. B. General offices of commercial, financial or industrial establishments. C. Engineering, industrial design, consultation and other offices. D. Financial institutions. E. Hotels and motels. F. Medical - dental offices or facilities. G. Motion picture /television production facilities (excluding outdoor facilities). H. Restaurants and cafes. Retail (excluding off site alcohol sales) and whole sales and service. Page 5 J. Scientific research and experimental development laboratories. K. Other similar uses approved by the Director of Planning and Building Safety, as provided by chapter 22 of this title." SECTION 12: ESMC § 15 -5E -5 is amended to read as follows: "USES SUBJECT TO CONDITIONAL USE PERMIT: The following uses are allowed subject to obtaining a conditional use permit, as provided by chapter 23 of this title: A. Assembly halls. B. Catering services and flight kitchens. C. Drive - through restaurants. D. Helicopter landing facilities subject to the provisions of section 15 -2 -13 of this title. E. Hospitals. F. Motion picture /television production facilities (outdoor facilities only). G. On site sale and consumption of alcohol at bars. H. Outdoor dining, exempting cafes, outdoor dining at restaurants and drive - through restaurants where outdoor dining comprises twenty percent (20 %) or less of the total dining area of the restaurant or drive - through restaurant, but not exceeding two hundred (200) square feet of floor area. Parking facilities, including park and ride lots. J. Recreational facilities (public and commercial). K. 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. L. Video arcades with four (4) or more video or arcade machines. M. Other similar uses approved by the Director of Planning and Building Safety, as provided by chapter 22 of this title." Page 6 SECTION 13: ESMC § 15 -5F -2 is amended to read as follows: "PERMITTED USES: The following uses are permitted in the MU -S Zone: A. Business service establishments such as electronic computer facilities and addressing services. B. Engineering, industrial design, consultation and other offices. C. Financial institutions. D. General offices of commercial, financial or industrial establishments. E. Hotels and motels. F. Massage establishments that meet the requirements of title 4, chapter 10 of this code, in addition to all other requirements imposed by law. G. Medical - dental offices or facilities. H. Motion picture /television production facilities (excluding outdoor facilities). I. Restaurants and cafes. J. Retail (excluding off site alcohol sales) and wholesale and service K. Scientific research and experimental development laboratories. L. Other similar uses approved by the Director of Planning and Building Safety, as provided by chapter 22 of this title." SECTION 14: ESMC § 15 -5F -5 is amended to read as follows: "USES SUBJECT TO CONDITIONAL USE PERMIT: The following uses are allowed subject to obtaining a conditional use permit, as provided by chapter 23 of this title: A. Assembly halls. B. Catering services and flight kitchens. C. Drive - through restaurants. D. Freight forwarding. Page 7 E. Helicopter landing facilities subject to the provisions of section 15 -2 -13 of this title. F. Hospitals. G. Motion picture /television production facilities (outdoor facilities only). H. On site sale and consumption of alcohol at bars. Outdoor dining, exempting cafes, outdoor dining at restaurants and drive - through restaurants where outdoor dining comprises twenty percent (20 %) or less of the total dining area of the restaurant or drive - through restaurant, but not exceeding two hundred (200) square feet of floor area. J. Parking facilities, including park and ride lots. K. Recreational facilities (public and commercial). L. 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. M. Video arcades with four (4) or more video or arcade machines. N. Other similar uses approved by the Director of Planning and Building Safety, as provided by chapter 22 of this title." SECTION 15: ESMC § 15 -7B -2 is amended to read as follows: "PERMITTED USES: The following uses are permitted in the GAC Zone: A. Cafes. B. General and medical - dental offices. C. Restaurants, sit down type, excluding facilities with drive - through facilities. D. Retail sales. E. Other similar uses approved by the Director of Planning and Building Safety, as provided by chapter 22 of this title." SECTION 16: ESMC § 15 -76 -5 is amended to read as follows: Page 8 "USES SUBJECT TO CONDITIONAL USE PERMIT: The following uses are allowed subject to obtaining a conditional use permit, as provided by chapter 23 of this title: A. Assembly halls. B. 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. C. Service station, 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. D. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 22 of this title." SECTION 17: ESMC § 15 -7C -2 is amended to read as follows: "PERMITTED USES: The following uses would be permitted in the proposed MMO District: A. Commissary. B. Craft shops and rentals. C. Movie and entertainment facilities. D. Multimedia archive facilities. E. Multimedia related office and post production facilities. F. Picture equipment sales. G. Special effects studios. H. Studio /sound stage(s) and other support facilities. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 22 of this Title." SECTION 18: ESMC § 15 -7C -5 is amended to read as follows: Page 9 "USES SUBJECT TO CONDITIONAL USE PERMIT: The following uses are allowed subject to obtaining a conditional use permit, as provided by Chapter 23 of this Title. A. Assembly halls. B. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 22 of this title." SECTION 19: ESMC § 15 -10-4 is amended to read as follows: "USES SUBJECT TO CONDITIONAL USE PERMIT: The following uses are allowed subject to obtaining a conditional use permit, as provided by Chapter 23 of this Title. A. Assembly halls. B. Charitable institutions. C. Private recreation. D. Publicly owned facilities such as warehouses and storage yards. E. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 22 of this Title." SECTION 20: A new Chapter 13A, consisting of §§ 15 -13A -1 to 15 -13A -4 and entitled "Assembly Halls," is added to Title 15 of the El Segundo Municipal Code ( "ESMC ") to read as follows: "Chapter 13A ASSEMBLY HALLS 15- 13A -1: Definitions. 15- 13A -2: Compliance with Permit Requirements 15- 13A -3: Parking Requirements 15- 13A-4: Compatibility with Surrounding Uses 15- 13A -1: Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter: Page 10 A. "Assembly Hall" means a building, or portion of a building, used for large scale public or private gatherings of people. For example, and without limitation, assembly halls include private educational facilities; religious institutions; clubs; lodges; theaters; and similar kinds of facilities whether available for public or private use. 15- 13A -2: Compliance with Permit Requirements. Any ancillary uses affiliated with an assembly hall must be specifically identified and permitted by a validly issued conditional use permit pursuant to this chapter or be separately permitted in accordance with the requirements for that zone. For example, and without limitation, a day care center or private school associated with an assembly hall must be identified as an authorized use in the conditional use permit. 15- 13A -3: Parking Requirements. A. Off - street parking must be provided in accordance with the requirements set forth in this Title including, without limitation, landscaping requirements. B. Where an assembly hall is established in a residential zone, the required front yard may not be used for parking vehicles. 15- 13A -4: Compatibility with Surrounding Uses. A. All buildings, structures, and landscaping must be developed and maintained in a manner compatible with development on surrounding properties. B. For assembly halls located within or adjacent to a residential zone, the Planning Commission may condition hours of operation to ensure compatibility with adjacent residential uses." SECTION 21: All references in the ESMC purporting to regulate churches, temples, or other religious institutions, are amended to refer to "assembly halls." SECTION 22: Downtown Specific Plan Section VI.A.2 is amended to read as follows: "Permitted Uses - a. First floor street -front level, with a minimum building depth of 25 feet: i) Retail sales and services ii) Restaurants iii) Recreational uses iv) Governmental offices V) Banks, not to exceed 500 square feet vi) General offices vii) Medical- dental offices Page 11 viii) Outdoor retail uses such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review ix) Other similar pedestrian oriented retail - service uses and offices approved by the Director of Planning and Building Safety, as provided by Section V., Administration. b. Above and behind street -front level, and adjacent to alleys: i) All uses listed above in a. ii) Schools iii) Banks iv) Other similar uses approved by the Director of Community Economic and Development Services, as provided by Section V., Administration. C. Above street -front level: i) All uses listed above in a. and b. ii) Business tenant/owner- occupied residential units iii) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration" SECTION 23: Downtown Specific Plan Section VI.A.5 is amended to read as follows: "Uses Subject to a Conditional Use Permit — (El Segundo Municipal Code Chapter 15 -23) a. First floor street -front level, with a minimum building depth of 25 feet: i) Bars ii) Outdoor entertainment and dancing iii) Outdoor amplified sound, which exceeds more than four single events in one calendar year iv) Video arcades with four or more machines v) Other similar uses approved by the Director of Community, Economic and Development Services, as provided by Section V., Administration b. Above and behind street -front level, and adjacent to alleys: i) All uses listed above in a. ii) Assembly halls." SECTION 24: Downtown Specific Plan Section VI.A.6 is amended to read as follows: "Prohibited Uses - All other uses which are not Permitted Uses, Permitted Accessory Uses, Uses Subject to an Administrative Use Permit or Uses Subject to a Conditional Use Permit are prohibited. Prohibited uses include, without limitation: a. Drive -thru restaurants Page 12 b. Service stations C. Tattoo parlors" SECTION 25: Downtown Specific Plan Section VI.B.2 is amended to read as follows: "Permitted Uses - a. First floor street -front level, above and behind street front level and adjacent to alleys: i) Retail sales and services ii) Restaurants iii) Recreational uses iv) Government offices v) General offices vi) Medical- dental offices vii) Schools viii) Banks ix) Outdoor retail uses such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review. X) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration. b. Above street -front level: i) All uses listed above in a. ii) Business tenant/owner- occupied residential units iii) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration." SECTION 26: Downtown Specific Plan Section VI.B.5 is amended to read as follows: "Uses Subject to a Conditional Use Permit — (El Segundo Municipal Code Chapter 15 -23) a. First floor street -front level, with a minimum building depth of 25 feet: i) Bars ii) Outdoor entertainment and dancing iii) Outdoor amplified sound, which exceeds more than four single events in one calendar year iv) Video arcades with four or more machines v) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration b. Above and behind street -front level, and adjacent to alleys: i) All uses listed above in a. ii) Assembly halls." SECTION 27: Downtown Specific Plan Section VI.B.6 is amended to read as follows: Page 13 "Prohibited Uses - All other uses which are not Permitted Uses, Subject to an Administrative Use Permit or U Permit are prohibited. Prohibited uses include, a. Drive -thru restaurants b. Service stations" Permitted Accessory Uses, Uses yes Subject to a Conditional Use without limitation: SECTION 28: Downtown Specific Plan Section VI.C.2 is amended to read as follows: "Permitted Uses - a. First floor street -front level, above and behind street front level and adjacent to alleys: i) Retail sales and services ii) Restaurants iii) Recreational uses iv) Governmental offices V) General offices vi) Medical- dental offices vii) Schools viii) Banks ix) Outdoor retail uses such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review x) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration." b. Above street -front level: i) All uses listed above in a. ii) Business tenant/owner- occupied residential units iii) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration." SECTION 29: Downtown Specific Plan Section VI.C.5 is amended to read as follows: "Uses subject to a Conditional Use Permit — (El Segundo Municipal Code Chapter 15 -23) a. First floor street -front level, with a minimum building depth of 25 feet: i) Bars ii) Outdoor entertainment and dancing iii) Outdoor amplified sound, which exceeds more than four single events in one calendar year iv) Video arcades with four or more machines V) Other similar uses approved by the Director of Community, Economic and Development Services, as provided by Section V., Administration. Page 14 b. Above and behind street -front level, and adjacent to alleys: i) All uses listed above in a. ii) Assembly halls." SECTION 30: Downtown Specific Plan Section VI.C.6 is amended to read as follows: "Prohibited Uses - AII other uses which are not Permitted Uses, Permitted Accessory Uses, Uses Subject to an Administrative Uses Permit or Uses Subject to a Conditional Use Permit are prohibited. Prohibited uses include, without limitation: a. Drive -thru restaurants b. Service stations" SECTION 31: Downtown Specific Plan Section VI.D.2 is amended to read as follows: "Permitted Uses - a. First floor street -front level, above and behind street front level and adjacent to alleys: i) Retail sales and services ii) Restaurants iii) Recreational uses iv) Governmental offices V) General offices vi) Medical- dental offices vii) Schools viii) Banks ix) Bed and Breakfast hotels x) Artists and design studios xi) Outdoor retail uses such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review xii) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration" b. Above street -front level: i) All uses listed above in a. ii) Business tenant/owner - occupied residential units iii) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration" SECTION 32: Downtown Specific Plan Section VI.D.5 is amended to read as follows: "Uses Subject to a Conditional Use Permit — (El Segundo Municipal Code Chapter 15 -23) Page 15 a. First floor street -front level, with a minimum building depth of 25 feet: i) Bars ii) Outdoor entertainment and dancing iii) Outdoor amplified sound, which exceeds more than four single events in one calendar year iv) Video arcades with four or more machines V) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration. b. Above and behind street -front level, and adjacent to alleys: i) All uses listed above in a. ii) Assembly halls." SECTION 33: Downtown Specific Plan Section VI.D.6 is amended to read as follows: "Prohibited Uses- All other uses which are not Permitted Uses, Permitted Accessory Uses, Uses Subject to an Administrative Uses Permit or Uses Subject to a Conditional Use Permit are prohibited. Prohibited uses include, without limitation: a. Drive -thru restaurants b. Service stations." SECTION 34: Downtown Specific Plan Section VI.E.2 is amended to read as follows: "Permitted Uses- a. First floor street -front level and adjacent to pedestrian access ways, including internal access ways, with a minimum building depth of 25 feet: i) Retail sales and services ii) Restaurants iii) Recreational uses iv) Government offices v) Banks, not to exceed 500 square feet vi) General offices vii) Medical- dental offices viii) Bed and breakfast hotel ix) outdoor retail uses such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review. x) Other similar pedestrian oriented retail - service uses and offices, approved by the Director of Planning and Building Safety, as provided by Section V., Administration. b. Above and behind street -front level, and adjacent to alleys: Page 16 i) All uses listed above in a. ii) Schools and daycare iii) Banks iv) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration. C. Above street -front level: i) All uses listed above in a. ii) Business tenant/owner- occupied residential units iii) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration." SECTION 35: Downtown Specific Plan Section VI.E.5 is amended to read as follows: "Uses Subject to a Conditional Use Permit — (EI Segundo Municipal Code Chapter 15 -23) a. First floor street -front level, with a minimum building depth of 25 feet: i) Bars ii) Outdoor entertainment and dancing iii) Outdoor amplified sound, which exceeds more than four single events in one calendar year iv) Video arcades with four or more machines v) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration. b. Above and behind street -front level, and adjacent to alleys: i) All uses listed above in a. ii) Assembly halls" SECTION 36: Downtown Specific Plan Section VI.E.6 is amended to read as follows: "Prohibited uses - All other uses which are not Permitted Uses, Subject to an Administrative Use Permit or U Permit are prohibited. Prohibited uses include, a. Drive -thru restaurants b. Service stations" Permitted Accessory Uses, Uses 3es Subject to a Conditional Use without limitation: SECTION 37: Downtown Specific Plan Section VI.F.2 is amended to read as follows: "Permitted Uses - First floor street -front level, with a minimum building depth of 25 feet: i) Retail sales and services ii) Restaurants iii) Recreational uses Page 17 iv) Government offices v) Banks vi) General offices vii) Medical- dental offices viii) Schools ix) Outdoor retail uses such as newsstands, coffee carts and flower stands, up to 200 square feet in area, subject to design review. x) Other similar pedestrian oriented retail - service uses and offices approved by the Director of Planning and Building Safety, as provided by Section V., Administration." SECTION 38: Downtown Specific Plan Section VI.F.5 is amended to read as follows: "Uses Subject to a Conditional Use Permit — fEI Segundo Municipal Code Chapter 15 -23) a. First floor street -front level, with a minimum building depth of 25 feet: i) Bars ii) Video arcades with four or more machines iii) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration. b. Above and behind street -front level, and adjacent to alleys: i) All uses listed above in a. ii) Assembly halls." SECTION 39: Downtown Specific Plan Section VI.F.6 is amended to read as follows: "Prohibited Uses - All other uses which are not Permitted Uses, Permitted Accessory Uses, Uses Subject to an Administrative Use Permit or Uses Subject to a Conditional Use Permit are prohibited. Prohibited uses include, without limitation: a. Drive -thru restaurants b. Service stations C. Tattoo parlors d. Outdoor entertainment and dancing e. Outdoor amplified sound, which exceeds more than four single events in one calendar year." SECTION 40: Downtown Specific Plan Section VI.G.5 is amended to read as follows: "Uses Subject to a Conditional Chapter 15 -23) a. First floor street -front level, i) Bars Use Permit — (El Segundo Municipal Code with a minimum building depth of 25 feet: Page 18 ii) Bed and Breakfast Inns iii) Video arcades with four or more machines iv) Other similar uses approved by the Director of Planning and Building Safety, as provided by Section V., Administration. b. Above and behind street -front level, and adjacent to alleys: i) All uses listed above in a. ii) Assembly halls." SECTION 41: Downtown Specific Plan Section VI.G.6 is amended to read as follows: "Prohibited Uses - All other uses which are not Permitted Uses, Permitted Accessory Uses, Uses Subject to an Administrative Use permit or Uses Subject to a Conditional Use Permit are prohibited. Prohibited uses include, without limitation: a. Drive -thru restaurants b. Service stations C. Tattoo parlors d. Outdoor entertainment and dancing e. Outdoor amplified sound, which exceeds more than four single events in one calendar year." SECTION 42: CONSTRUCTION. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 43: ENFORCEABILITY. 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 44: VALIDITY OF PREVIOUS CODE SECTIONS. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the ESMC or other city ordinance by this Ordinance will be rendered void and cause such previous ESMC provision or other the city ordinance to remain in full force and effect for all purposes. SECTION 45: 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. Page 19 SECTION 46: 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 47: This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. PASSED AND ADOPTED this 5th day of October , 2010. Eric Busch, Mayor Page 20 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. 1447 was duly introduced by said City Council at a regular meeting held on the 21st day of September, 2010, 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 nth day of October , 2010, and the same was so passed and adopted by the following vote: AYES: Busch, Fisher, Brann, Jacobson NOES: None ABSENT: Fuentes ABSTAIN: None Cindy Morten n, City C ?erk APPROVED AS Mark D. Hensley i� Berger, Aois nt City Attorney Page 21