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ORDINANCE 1458ORDINANCE NO. 1458 AN ORDINANCE APPROVING A SPECIFIC PLAN AMENDMENT AND A ZONE TEXT AMENDMENT TO AMEND THE SMOKY HOLLOW SPECIFIC PLAN AND THE PERMITTED USES IN THE SMALL BUSINESS (SB) AND MEDIUM MANUFACTURING (MM) ZONES TO ALLOW ART STUDIOS AND A WIDER RANGE OF OFFICE USES. The City Council of the city of El Segundo does ordain as follows: SECTION 1: The City Council incorporates by reference all of the findings and conclusions set forth in Planning Commission Resolution No. 2684 as if fully set forth. SECTION 2: Environmental Assessment. The City Council certifies the Negative Declaration of Environmental Impacts proposed for this project pursuant to CEQA Guidelines §15070. A Notice of Intent to Adopt a Negative Declaration was prepared pursuant to CEQA Guidelines §§ 15072 and 15073 and was available for public comment from November 5, 2010 to December 6, 2010. SECTION 3: El Segundo Municipal Code ( "ESMC ") § 15- 11- 2(E)(1)(a) is amended to read as follows: "Small Business Area: This district covers the portion of the Specific Plan area from Standard Street to the alley east of Lomita Street. The area is characterized by smaller or incubator industrial and manufacturing uses located on small parcels, many without off - street parking. It is an area in which small "incubator" business concerns exist and many continue to flourish. Presently, one hundred twelve (112) various parcels exist in the area. Seventy eight (78) of the parcels, seventy percent (70 %) of the existing parcels, are under ten thousand (10,000) square feet in size, many are under five thousand (5,000) square feet. The desire is to maintain a small industrial business environment, but not to preclude lot consolidation, business expansion and growth. Design guidelines will allow some flexibility to achieve visual enhancement of the area. The small business area is a transition between the pedestrian scale downtown and the medium sized manufacturing area to the east. Uses will basically remain the same as at present, with an emphasis on the smaller industrial user and limited general and multimedia related office space." SECTION 4: ESMC § 15 -6C -1 is amended to read as follows: "PURPOSE: The purpose of this zone is to perpetuate the existence of the small business and incubator industrial user in the Smoky Hollow area. As such, this zone is to be utilized only within the boundaries of the Smoky Hollow specific plan. It is recognized that the areas that provide small businesses a place to establish and prosper are becoming more and more scarce and at the same time becoming Page 1 increasingly desirable. This unique environment is felt to be an appropriate location for light industrial activities, research, and technological processes, restaurants, cafeterias and offices. It is also the purpose of this zone to allow maximum site development flexibility in return for well conceived and efficient site planning and landscaping to complement the good development which presently exists in the area." SECTION 5: ESMC § 15 -6C -2 is amended to read as follows: "PERMITTED USES: The following uses are permitted in the SB zone: A. Art studios (Production space only). B. General offices in conjunction with any other permitted use as long as the office use does not occupy in excess of forty percent (40 %) of the total building square footage. C. General and /or multimedia related offices, up to fifteen thousand (15,000) square feet per site. D. Light industrial uses. E. Manufacturing. F. Public facilities and utilities. G. Research and development. H. Restaurants and cafes without drive - through facilities. Warehousing and distribution. J. Other similar uses approved by the Director of Planning and Building Safety, as provided by chapter 22 of this title." SECTION 6: ESMC § 15 -6D -1 is amended to read as follows: "PURPOSE: The purpose of this zone is 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. As such, the zone is to be utilized only within the boundaries of the Smoky Hollow specific plan. This zone provides for the continuation and development of medium size light industrial, manufacturing, and limited office activities." SECTION 7: ESMC § 15 -6D -2 is amended to read as follows: Page 2 "PERMITTED USES: The following uses are permitted in the MM zone: A. Art studios (Production space only). B. General offices in conjunction with any other permitted use as long as the office does not occupy in excess of sixty percent (60 %) of the total building square footage. C. General and/or multimedia related offices, up to fifteen thousand (15,000) square feet per site, except for mixed use projects of 30,000 square feet or more, in which the size may be greater. D. Light assembly and processing. E. Light industrial. F. Manufacturing. G. Mixed use projects including commercial, office and light industrial uses. In mixed use projects of 30,000 square feet or more where the light industrial uses make up at least fifty percent (50 %) of the total project's square footage. H. Parking structures and parking lots. Public facilities, public utilities. J. Research and development. K. Restaurants and cafes without drive - through facilities. L. Retail sales for wholesale outlets. M. Warehousing and distribution. N. Other similar uses approved by the Director of Planning and Building Safety, as provided by chapter 22 of this title." SECTION 8: 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 9: ENFORCEABILITY. Repeal of any provision of the ESMC 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. Page 3 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 10: 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 SSMC provision or other the city ordinance to remain in full force and effect for all purposes. SECTION 11: 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 12: 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 13: This Ordinance will remain effective until superseded by a subsequent ordinance. Page 4 SECTION 14: This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. PASSED AND ADOPTED this 1 st day of February, 2011. Eric Busch, 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. 1458 was duly introduced by said City Council at a regular meeting held on the 18th day of January, 2011, 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 1 st day of February, 2011, and the same was so passed and adopted by the following vote: AYES: Busch, Fisher, Brann, Fuentes. Jacobson NOES: None ABSENT: None ABSTAIN: None 00 4-T :"?) L, �� Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney By: � . &4_,—� Karl H. Berger, Assiis ant City Attorney PAPlanning & Building Safety \Planning - Old \PROJECTS (Planning) \876- 900 \EA - 881 \City Council 02012011 \EA -881 Smoky Hollow Ordinance No 1458 2 reading.doc Page 5