ORDINANCE 1463ORDINANCE NO. 1463
AN ORDINANCE APPROVING A PRECISE PLAN AMENDMENT TO
AMEND THE BEACH CITIES PLAZA PRECISE PLAN TO REMOVE
THE 2,500 SQUARE -FOOT LIMIT ON THE MAXIMUM PERMITTED
OUTDOOR DINING AREA.
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. 2698 as if fully set forth.
SECTION 2: Environmental Assessment. Because of the facts identified in Planning
Commission Resolution No. 2698, the proposed project conforms with the Mitigated
Negative Declaration adopted for the site as part of Environmental Assessment EA 350
and Precise Plan PP No. 94 -1 (3rd Amendment to PP No. 12 -72). In addition, the
project is categorically exempt from the requirements of the California Environmental
Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1
categorical exemption (Existing Facilities) and § 15311 as a Class 11 categorical
exemption (Accessory Structures).
SECTION 3: General Plan. The proposed project conforms to the City's General Plan
as follows:
A. The General Plan Land Use designation of the project site, as well as the
underlying zoning, is Urban Mixed -Use South (MU -S). This designation
allows a mixture of uses including office, hotels, and retail. Light industrial
uses are allowed with discretionary approval.
B. The project is consistent with several General Plan Land Use Element
Goals, Policies, and Objectives. Goal LU4 states: "Provide a stable tax
base for the City through development of new commercial uses, primarily
within a mixed -use environment, without adversely affecting the viability of
Downtown." The project is consistent with this goal, in that any additional
outdoor dining area within the mixed use environmental of the Beach
Cities Plaza will benefit all the businesses in the immediate vicinity. In
addition, the distance of the subject site from the Downtown will minimize
any potential impact on the Downtown businesses.
C. The project is also consistent with Goal LU5, which states: "Retain and
attract clean and environmentally safe industrial uses that provide a stable
tax base and minimize any negative impact on the City." The additional
outdoor dining area at the Beach Cities Plaza will be an additional amenity
available to all the industrial uses in the Continental Park development
and the immediate vicinity.
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D. The project is also consistent with several General Plan Economic
Development Element Goals, Policies, and Objectives. Specifically, Goal
ED1 — Economic Base states: "To create in El Segundo a strong, healthy
economic community in which all diverse stakeholders may benefit." The
additional outdoor dining area in the mixed use environmental of the
Beach Cities Plaza will benefit all the businesses in the Plaza, the
Continental Development Park by providing an additional amenity for
employees and patrons of those businesses. As a result, the City's
economic tax base will be strengthened (Policy ED1 -2.2).
SECTION 4: Zoning Consistency. The proposed project is consistent with the zoning
regulations of the ESMC as follows:
A. The project is consistent with the purpose of the zoning regulations in that
the Beach Cities Plaza Precise Plan and the underlying Urban Mixed -Use
South (MU -S) Zone permit outdoor dining uses.
B. Any new or expanded outdoor dining areas at the Beach Cities Plaza must
comply with the development standards of the Precise Plan and the Urban
Mixed -Use South (MU -S) Zone.
C. There is adequate parking capacity on and offsite to accommodate new or
expanded outdoor dining areas in that the current uses at Beach Cities
Plaza require 955 parking spaces and the development provides 1,416
parking spaces in two parking structures and two surface parking lots.
SECTION 5: Section 2.0 of the Beach Cities Plaza Precise Plan (Development Plan) is
amended to read as follows:
"INTRODUCTION
The Beach Cities Plaza Development Plan provides for the development of
approximately 6.03 acres. The Development Plan is provided as Exhibit 3,
Elevations Exhibit 4, and the Circulation Plan as Exhibit 5, and as detailed in the
full scale drawings on file in the Planning Division.
DEVELOPMENT PLAN
Permitted Uses
Permitted Uses in the Beach Cities Plaza Precise Plan are as established by the
Urban Mixed -Use South (MU -S) Zone (ESMC § 15- 5F -2). Additionally, the
following uses are permitted subject to review and approval of the Director of
Planning and Building Safety:
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1. Incidental uses such as permanent tables, chairs, signs outdoor retail
operations, push carts, kiosks, and other similar outdoor amenities, provided
each use is located in the area designated for incidental uses on the
Development Plan (Exhibit 3).
2. Additional uses such as outdoor dining.
SECTION 6: Sections 2.0 (Development Plan), 3.0 (Development Standards), and 4.0
(Administration) of the Beach Cities Plaza Precise Plan are amended to read as follows:
"All references in the Beach Cities Plaza Precise Plan to ESMC Sections in
Chapter 20.38 — Urban Mixed -Use South (MU -S) Zone, Chapter 20.72 -
Administrative Determinations, and Chapter 20.80 — Adult Use Zoning
Regulations are amended to refer to the corresponding Sections in ESMC Title
15 Chapter 5 — Commercial Zones, Article F — Urban Mixed Use South (MU -S)
Zone, Chapter 13 — Adult Use Zoning Regulations, and Chapter 22 —
Administrative Determinations."
SECTION 7: Reliance On Record. Each and every one of the findings and
determinations in this Ordinance are based on the competent and substantial evidence,
both oral and written, contained in the entire record relating to the project. The findings
and determinations constitute the independent findings and determinations of the City
Council in all respects and are fully and completely supported by substantial evidence in
the record as a whole.
SECTION 8: Limitations. The City Council's analysis and evaluation of the project is
based on the best information currently available. It is inevitable that in evaluating a
project that absolute and perfect knowledge of all possible aspects of the project will not
exist. One of the major limitations on analysis of the project is the City Council's lack of
knowledge of future events. In all instances, best efforts have been made to form
accurate assumptions. Somewhat related to this are the limitations on the city's ability
to solve what are in effect regional, state, and national problems and issues. The City
must work within the political framework within which it exists and with the limitations
inherent in that framework.
SECTION 9: Summaries of Information. All summaries of information in the findings
which precede this section, are based on the substantial evidence in the record. The
absence of any particular fact from any such summary is not an indication that a
particular finding is not based in part on that fact.
SECTION 10: 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
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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 11: 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. 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 12: 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 13: 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 14: 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 15: This Ordinance will remain effective until superseded by a subsequent
ordinance.
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SECTION 16: This Ordinance will become effective on the thirty -first (31st) day
following its passage and adoption.
PASSED AND ADOPTED this 16th day of August, 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. 1463 was duly introduced by said City Council at a regular meeting held
on the 2nd day of August, 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 16th day of August, 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
E=V'esen, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
gy; �B6rger." s
arl H. A ssis t City Attorney
P:\Planning 8 B riding afety \0 Plan g - Old\PR S (Planning) \901- 925 \EA - 921 \City Council 08 16 2011 \EA 921 Beach
Cities Plaza Ordinance 08162011.doc
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