ORDINANCE 1460ORDINANCE NO. 1460
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE
( "ESMC ") CHAPTERS 15 -1 DEFINITIONS, 15 -21 NONCONFORMING
BUILDINGS AND USES, AND 15 -24 ADJUSTMENTS.
(EA NO. 862 AND ZTA NO. 10 -02)
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 11, 2010, the City of El Segundo initiated an application for
an amendment to the El Segundo Municipal Code ( "ESMC ") to Chapters
15 -1 Definitions, 15 -21 Nonconforming Buildings and Uses, and 15 -24
Adjustments;
B. A review of the El Segundo Municipal Code ( "ESMC ") shows that there
are numerous updates that would be prudent to be made to various
regulations for zoning and other, similar, matters;
C. This Ordinance is intended to update, clarify, and bring certain provisions
of the City's nonconforming building and use regulations into conformance
with current policies and procedures;
D. This process was initiated in order to remove the inequity of allowing
certain nonconforming buildings and uses within the City to maintain, alter,
expand or rebuild a legal nonconforming building or use with a
demonstrable good faith attempt to either promptly bring the property or
building in compliance with existing laws or continue using the
nonconforming building or use;
E. There is a strong public interest in ensuring that such nonconforming uses
and buildings be required to comply with current laws and regulations;
F. On February 24, 2011, the Planning Commission considered staffs
recommendations and provided staff further direction;
G. On March 15 and April 5, 2011, the City Council considered staff and
Planning Commission recommendations;
H. Based upon the evidence collected during the public hearing before the
Planning Commission, staff recommendations, evidence submitted during
the City Council public hearing, and Council deliberations, it is in the public
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interest to adopt this Ordinance to amend the ESMC;
I. The ESMC amendments effectuated by this Ordinance are intended to
strike a fair balance between business interests within certain parts of the
City and the public's interest in applying the zoning regulations of the
ESMC fairly and equitably.
SECTION 2: ESMC § 15 -1 -6 is amended to read as follows:
"15 -1 -6: DEFINITIONS:
BUILDING: Any structure used or intended for supporting or sheltering any use
or occupancy that is permanently affixed to the ground and contains a roof.
Shipping containers are not buildings.
EXTERIOR PERIMETER WALL HEIGHT: The existing exterior perimeter wall
consisting of the framing members, from and including the foundation and any
basement walls, to and including the uppermost floor and top plate of a building.
Any portions of the exterior wall for any floor level that is horizontally offset are
also included.
SECTION 3: ESMC § 15 -21 -3 is amended to read as follows:
9915 -21 -3: GENERAL PROVISIONS: The following conditions apply to nonconforming
uses and structures:
A. Safety: All nonconforming structures may undergo necessary maintenance to
provide for their safe and habitable use.
B. Building Removal; Future Use: If any nonconforming building is voluntarily
removed, every future use of the land on which the building is located must
conform to this Code.
C. Unless otherwise provided by applicable law, a nonconforming use or structure
that is damaged or destroyed by fire, earthquake, or other calamity beyond the
property owner's control may be re- established subject to the provisions of this title
if a building permit is issued within twenty four (24) months of the occurrence of the
damage or destruction. All nonconforming rights expire if a building permit is not
issued within twenty four (24) months.
D. Building Additions, Alterations, Remodel or Reconstruction: A nonconforming
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building or structure may be altered, restored, remodeled or reconstructed, or may
include an addition, provided that no more than fifty percent (50 %) of the existing
original exterior perimeter wall height (as defined) is removed, demolished or
replaced. If more than fifty percent (50 %) of the existing perimeter wall height and
the original foundation is removed, demolished, or replaced, the entire building or
structure must be brought into conformity with all current development standards
and laws. The foundation must not be removed and a minimum of fifty percent
(50 %) of the exterior perimeter walls must remain attached to the foundation at all
times. Solely removing exterior wall coverings, including wall insulation, electrical
wiring, plumbing or interior plaster or drywall finishes does not require that the
entire building be brought into conformity with all current development standards
within the zone in which the property is located.
E. Minor Exceptions for Building Additions, Alterations, Remodel, or Reconstruction:
The Director of Planning and Building Safety may grant administrative adjustments
for a reduction of retention of a minimum of fifty percent (50 %) of exterior perimeter
wall height for life safety repairs or upgrades, regardless of whether those repairs
or upgrades exceed the fifty percent (50 %) threshold for nonconforming buildings
set forth in this section. The upgrades must be incidental and necessary to protect
public health and safety. The administrative adjustment must be granted before
any removal of any exterior perimeter wall in excess of fifty percent (50 %) occurs."
SECTION 4: ESMC § 15 -21 -5 is amended to read as follows:
"15 -21 -5: RESIDENTIAL RESTRICTIONS: All legal or legal nonconforming structures
within any residential zone, in existence as of the effective date hereof, which are now
legal nonconforming or become legal nonconforming due to changes in the land use
designation or zoning criteria under this title, are permitted to continue and remodel or
expand, provided all of the following requirements are met:
A. Where a side yard setback is nonconforming, the width of the existing side yard
cannot be decreased or made more nonconforming due to remodeling or
reconstruction;
B. A nonconforming structure may expand, provided the expansion meets all the
applicable criteria of this title; and
C. All new construction and additions where a building or structure is nonconforming
and no more than fifty percent (50 %) of the existing original exterior perimeter wall
height and foundation below is removed, replaced or rebuilt in compliance with this
Chapter."
SECTION 5: ESMC § 15 -21 -6 is amended to read as follows:
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"15 -21-6: NONRESIDENTIAL RESTRICTIONS: Except as otherwise provided for the
heavy industrial (M -2) zone, all legal or legal nonconforming uses or buildings, in
existence as of the effective date hereof, within the nonresidential use categories and all
previously designated commercial properties which have been designated multi - family
residential zones by the 1992 general plan, with the exception of Smoky Hollow, which
are now legal nonconforming or become legal nonconforming due to changes in the
land use designation or zoning criteria under this title, are permitted to expand or
remodel subject to the following requirements:
SECTION 6: ESMC § 15 -24 -1 is amended to read as follows:
"15 -24 -1: GRANTING: Whenever a strict interpretation of the provisions of this title or
its application to any specific case or situation pertaining to the following items would
result in the unreasonable deprivation of the use or enjoyment of property, an
adjustment or an administrative adjustment may be granted, subject to the following
restrictions. Adjustments may be granted to allow:
A. A fence, wall, or hedge up to a maximum height of eight feet (8').
B. Architectural landscape features which exceed the standards set forth in Section 15-
2-14 of this Title.
C. Signs which exceed the standards set forth in Chapter 18 of this Title.
D. Noise permits which exceed the standards set forth in Section 7 -2 -11 of this Code.
E. Parking and loading space standards as set forth in Chapter 15 of this Title.
F. Reduction of retention of a minimum of fifty percent (50 %) of exterior perimeter wall
height and /or deviation from development standards for life safety purposes.
G. Deviation from development standards for reasonable access accommodations.
SECTION 7: ESMC § 15 -24-4 is amended to read as follows:
"15 -24-4: NECESSARY FINDINGS:
A. No adjustment shall be granted unless the following findings are made:
1. That the proposed adjustment would not be detrimental to the
neighborhood or district in which the property is located;
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2. That the proposed adjustment is necessary in order that the applicant
may not be deprived unreasonably in the use or enjoyment of his property; and
C. 3. That the proposed adjustment is consistent with the legislative intent of
this title.
B. Reasonable Access Accommodations. In addition to the three (3) findings
above, the following findings must be made before any action is taken to approve
or deny a request for a deviation from development standards for reasonable
access accommodations:
The housing, which is the subject of the request for reasonable
accommodation, will be used by an individual protected under the Act.
2. The request for reasonable accommodation is necessary to make specific
housing available to an individual protected under the Act."
SECTION 8: ESMC § 15 -24 -6 is amended to read as follows:
"15 -24 -6: ADMINISTRATIVE REVIEW:
Requests for administrative adjustments must be reviewed by the director of planning
and building safety or his /her designated representative. A decision on an administrative
adjustment must be made and mailed to the applicant within ten (10) working days after
the application is deemed complete. The director's decision is final unless appealed as
provided by chapter 25 of this title. Notwithstanding any other provision of this chapter,
no public hearing or notification is required for administrative adjustments.
Administrative adjustments may be granted to allow:
A. Parking and loading space standards as set forth in Chapter 15 of this Title.
B. Reduction of retention of a minimum of fifty percent (50 %) of exterior perimeter wall
height and /or deviation from development standards for life safety purposes.
C. Deviation from development standards for reasonable access accommodations."
SECTION 9: 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
"State CEQA Guidelines ") because it consists only of minor revisions and clarifications
to an existing zoning code and specification of procedures related thereto and will not
have the effect of deleting or substantially changing any regulatory standards or findings
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required therefor. The proposed Ordinance is an action that does not have the potential
to cause significant effects on the environment, but rather will help reduce the impact of
nonconforming uses on the environment. Accordingly, the proposed Ordinance
constitutes a Class 1, Class 3, and Class 5 categorical exemption.
SECTION 10: 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 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.
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SECTION 13: This Ordinance will become effective on the thirty -first (31st) day
following its passage and adoption.
PASSED AND ADOPTED this 19th day of April, 2011.
Eric K. 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. 1460 was duly introduced by said City Council at a regular meeting held
on the 5th day of April, 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 19th day of April, 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
Cindy h,%*t sen, City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
f4wxq. —
Karl H. terger, Assistant City Attorney
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