ORDINANCE 1467ORDINANCE NO. 1467
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE
§15 -2 -7 REGULATING OPEN SPACE AREAS AND
ENCROACHMENTS.
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 October 4, 2011, the City Council directed staff to prepare an
amendment to the El Segundo Municipal Code ( "ESMC ") to allow
mechanical equipment and other accessory structures to encroach into
interior (side and rear) yards in non - residential zoning districts;
B. On October 5, 2011, the City of El Segundo initiated an application for
Environmental Assessment No. EA -944 and Zone Text Amendment No.
11 -04 to amend the ESMC regulating open space areas and
encroachments;
C. The application was prepared and reviewed by the City's Planning and
Building Safety Department for, in part, consistency with the General Plan
and conformity with the ESMC;
D. The City reviewed the project's environmental impacts 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 "), and the
City's Environmental Guidelines (City Council Resolution No. 3805,
adopted March 16, 1993);
E. The Planning and Building Safety Department completed its review and
scheduled the public hearing regarding the application before the Planning
Commission for November 10, 2011;
F. On November 10, 2011, the Planning Commission held a public hearing to
receive public testimony and other evidence regarding the proposed
amendment, including, without limitation, information provided to the
Planning Commission by City staff and public testimony;
G. On November 10, 2011, the Planning Commission adopted Resolution
No. 2708 recommending the City Council approve Environmental
Assessment No. EA -944 and Zone Text Amendment No. 11 -04;
H. On December 6, 2011, the City Council held a public hearing and
considered the information provided by City staff and public testimony
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regarding this Ordinance; and
This Ordinance and its findings are made based upon the entire
administrative record including, without limitation, testimony and evidence
presented to the City Council at its December 6, 2011 ' hearing and the
staff report submitted by the Planning and Building Safety Department.
SECTION 2: Findings. The City Council incorporates by reference all of the findings
and conclusions set forth in Planning Commission Resolution No. 2708 as if fully set
forth including, without limitation, the Environmental Assessment set forth in Section 3
of Resolution No. 2708.
SECTION 3: ESMC §15 -2 -7, captioned "Open Space Areas And Encroachments," is
amended in its entirety as follows:
"15 -2 -7 OPEN SPACE AREAS AND ENCROACHMENTS: The following open
space and encroachment provisions are required for the indicated zones.
A. All Zones. Architectural landscape features as defined in § 15 -1 -6 of this
Code may encroach into setbacks as specified in § 15 -2 -14 of this Code.
In all zones, every required yard must be open and unobstructed from the
ground up, except the following intrusions may project two feet (2') into
required yards, provided the required yard cannot be reduced to less than
three feet (3') in width:
1. Bay windows, on the first floor in any setback and on the second
floor only in the front yard setback, not wider than eight feet (8')
measured in the general direction of the wall of which it is a part;
2. Cornices, belt courses, sills, eaves or similar architectural building
features as defined in § 15 -1 -6 of this Code. Eaves may project six
inches (6 ") into any nonconforming side or rear yard which is three
feet (3') in width. Shutters, corbels, and dentils may project six
inches (6 "). Columns may project one foot (1');
3. Fireplace structures not wider than eight feet (8') measured in the
general direction of the wall of which it is a part;
4. Greenhouse windows;
5. Guardrails for safety protection around ramps and stairs;
6. Planting boxes or masonry planters not exceeding forty two inches
(42 ") in height; and
7. Uncovered porches, platforms and landings which do not extend
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above the floor level of the first floor. In addition, stairs leading to
porches and platforms may encroaCh fumer info a rinim iirar
setback but must maintain cat icaat ,,a uiree toot (T) distance to a
property line.
B. Residential Zones. In residential zoning districts:
1. A porte cochere (open carport) may be placed over a driveway in
the front twenty feet (20') of one side yard setback, outside of the
front yard setback, or attached to the front twenty feet (20') of one
dwelling unit closest to the front lot line, provided the structure is
not more than one story in height; is unenclosed on three (3) sides;
and is entirely open except for the necessary supporting columns
and architectural features.
2. Mechanical equipment, such as pool heaters, water heaters, and
air conditioners not wider than eight feet (8') measured in the
general direction of the wall of which it is a part, and adequately
soundproofed, may project two feet (2') into required side and rear
yards, provided the required yard cannot be reduced to less than
three feet (3').
C. Non - residential Zoning. In non - residential zoning districts, mechanical
equipment and accessory structures that do not contain occupied space,
as defined by the California Building Code adopted by this Code, or that
do not contain net floor area, as defined in § 15 -1 -6 of this Code, may be
located within a required interior side or rear setback area.
1. Mechanical equipment includes, without limitation, emergency
generators; air conditioning and heating units; transformers; and
other equipment that is accessory to the principal permitted use.
Mechanical equipment does not include electrical sub - stations.
2. Accessory structures include, without limitation, trash and recycling
enclosures; and structures that exclusively house building operating
equipment that is accessory to the principal permitted use.
D. Non - residential Zoning; Conditions. For non - residential zoning districts,
the mechanical equipment and non - occupied accessory structures within
a required setback are subject to the following conditions:
1. The mechanical equipment or accessory structure is not higher
than 18 feet.
2. The mechanical equipment or accessory structure is not longer
than 60 feet parallel to the property line to which it is situated or no
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longer than 35% of the length of the property line to which it is
situated, whichever is less.
3. The mechanical equipment or accessory structure cannot be
located within a required interior side or rear setback area if the
interior side or rear property line abuts a residentially zoned
property.
4. The mechanical equipment or accessory structure cannot be
located within a required interior side or rear setback area if the
interior side or rear property line abuts a public street.
5. Operating the mechanical equipment cannot exceed the noise
standards for Commercial and Industrial Property as identified in
this Code.
6. The mechanical equipment or accessory structure must be set back
from any interior side or rear property line to meet all access,
safety, and screening requirements as specified in Titles 13 and 15
of this Code, including, but not limited to, adequate ingress and
egress for public safety employees."
SECTION 4: 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 5: 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 6: 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 7: 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 8: The City Clerk is directed to certify the passage and adoption of this
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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 9: This Ordinance will become effective on the thirty -first (31st) day following
its passage and adoption.
PASSED AND ADOPTED this 20th day of D ,
ric 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. 1467 was duly introduced by said City Council at a regular meeting held
on the 6th day of December, 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 20th day of December, 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
ortes ity Cl
APPROVED AS TO FORM:
Mark D. Hen ey, City Attorney
"rl l Berger Assista City Attorney
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