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1995 JUN 20 CC PACKET-2IV ^1 B R I N K E R IN7ERNAt10NAL May 17, 1995 Mayor Carl Jacobson & Members of El Segundo City Council City of El Segundo 350 Main St. El Segundo, Ca, 90245 RE: Proposed "Cotymel's -A Very Mexican Grill" Dear Mayor Jacobson & Members of City Council: 6820 LBJ Freeway Dallojexas 75240 (214)980.9304 In response to a recent telephone conversation between myself and Mr James Hansen, city of El Segundo Director of Economic Development, I was made aware of a potential concern with the approval of our proposed development As a result of this concern I would like to take this opportunity to provide to you some Information on Brinker International and our six restaurant concepts. I have also attached a few articles about the company which you may find very interesting. One of these articles is, as they say, " hot off the press ". It was taken from the May 16, 1995 Dallas Morning News It exemplifies the heart of this company and the initiative to do what is right before it is required by code This information should help to establish an understanding first about Brinker International and the way we run our operations, and second, our intentions for this proposed location in the city of El Segundo. Brinker International operates over 500 restaurants worldwide which allows us to offer consumers a broad range of choices and price points when dining out Our first Chili's restaurant opened here in Dallas Just over twenty years ago We have over the years acquired arguably one of the most experienced management teams in the industry. Chili's Grill & Bar is our flagship concept which has a success story of its ov n It is in its 1 Ith consecutive year of positive store comp sales There are not many restaurant companies in the industry that can boast a story comparable to this. This success has not occurred by accident but as a result of the talent within our organization and the strong desire to exceed every customer's expectations It is this positive attitude which has also transcended into each of our other concepts as well 1' Chili's Grill & Bar * Grady's t American Grill ♦ Romano s Nacnrom Gn/l t Spageddies s Corymel's t On the Border C) l - "i l A list of each of these concepts are as follows CONCEPT., CHILI'S - Grill & Bar SECTOR. American GRADY'S Amencan Gnll American COZYMEL'S - A Very Mexican Grill Mexican ON THE BORDER Mexican ROMANO'S MACARONI GRILL Italian SPAGEDDIES Italian Specific to our Cozymel's concept, Mr Hansen and I discussed ratios of food to alcohol served at the restaurant While this ratio varies from concept to concept it also varies for location to location within the concepts The average ratio for Cozyiel's however, is approximately 75 25 food to liquor. Keep in mind that the bar area in our restaurant serves only as ancillary to the restaurant It is used mostly by our patrons as they await seating. Drinks are also available with meals which is inclusive of the 25% We currently have several liquor licenses in existence in the state of California which are all in good standings We are very experienced in the day to day requirements of operating a restaurant with bar successfully based on the number of total restaurants already open and operating and our tenure in the industry Our operations personnel is highly trained in how to deal with alcohol related incidents such as over intoxication or altercations To be quite honest, however, it is a rare occasions for this to become a problem due to the atmosphere at each of our restaurant concepts Cozymel's in particular has an atmosphere which is more favorable to family dining While providing a very festive tone, it is still not the place that one would go specifically for drinks and it is definitely not in the same class as a club or tavern. It is my sincere belief that the approval of this project by city council will allow us to recreate our successes in the city of El Segundo As you will see in some of the attachments, Brinker has always and will continue to provide several benefits to the communities in which we develop. By the way, this location is our first in the state of California of several to follow for our Cozymel's concept It is also our youngest concept at less than three years old We at Brinker would be proud to say that our first Cozymel's in the state of California opened in the city of El Segundo We will also do all within our power to convince the city of El Segundo to be just as proud of Cozymel's and the entire Brinker family )I:. P1 =1-- _y Once you have reviewed the attached information, feel free to call me with any questions or comments at (214) 770 -9155 1 wall attempt to address any outstanding concerns that you may still have at that time. I appreciate your anticipated support for this project and I look forward to talking with you real soon. Thank you in advance for your time and consideration. Sincerely, Brinker International, Inc II �jlI, Steven ewes Property Development Manager cc Hyrum Fedje - City of El Segundo Laurie Jester - City of El Segundo James Hansen - City of El Segundo James Morrison - City of El Segundo Bob Tamofsky - Continental Development Corporation Tom Huch - Brinker International Jeff Smith - Brinker International 087 PL ---T= -5 n 1 i 1 J 1 a I 0 5' YI' 5 3 C y � o w� °n w� f� V CN r, n I"� H Q ci L rte• V. N• i m co NJ G9 z o y x o CA. w ro rD I"r �~ N r N H \ \ \H QQ �D J O rD� N _G rD 0 0 Q-. cool Lim O � r� �l ew b � � O A Pi a mm N� b� �ew"w y yw ro `V ,V ` V M �I P t_ -'rte. -�P 0�1'* A VERY MEXICAN GRILL ` F A C T S Business: COZYMEL'S is a full - service Mexican grill featuring authentic Mexican food from various regions of Mexico, including the sophisticated trend of Mexico City to the peasant style from the hills of Sonora to the Gulf fisheries influence of the Yucatan. Large portions and great Margaritas are served in a festive atmosphere. Market Characteristics: concentrations of retail, office industrial and residential uses. Area of Operations: 1 state, 1 unit Demographic Requirements: Trade Area Typically 5 -mile radius; however, may vary according to market presence and density. lf' Population 100,000 within 5 -mile radius Income Median household income of $35,000 or greater Household Size Average between 1.5 - 2.5 Employment Daytime population of 20,000 Traffic Count: Average daily traffic count on primary road with adequate visibility and access should be 30,000 or greater. Site Requirements: Building: 8,585 SF Seats: 298 Land: 89,873 SF - Soil Prepared and all utilities to building Parking: Pad Site: 190 21,232 SF j - Delivered with soil prepared and all utilities to J building. OW 6820 1,83 Freeway / Dallas. Texas 75240 / (214) 980 -991 f PL � -1 B R I N K E R I \T E H\AT IONAL utia 11i1 f RV%ay Dallas, Tc s 75940 214 990 9917 FOR IMMEDIATE RELEASE Brinker International Introduces Cozymel's in Wheaton Dallas, December 3, 1993 Phil Romano and Brinker International, parent company for Chili's have announced plans to open Cozymel's in Wheaton in September of 1994. Cozymel's or Nacho Mamas as it is known in its original form was born in Leon Springs, TX April 7, 1992. Leon Springs is located approximately fifteen minutes west of San Antonio, and known among other things for its fresh water springs and Mexican heritage. Cozymel's is a joint venture between Phil Romano and Brinker International. Phil Romano is a well -known restaurant entrepreneur and founder of Fuddrucker's and Romano's Macaroni Grill. Brinker International, parent company of Chili's Grill and Bar, purchased Macaroni Grill in 1990 and have expanded it to 28 locations. Since that time, Romano and Brinker International have joined forces to create Spageddies, which is currently in expansion. Cozymel's is another creation by Romano and will be developed jointly with Brinker International. Cozymel's provides a casual, high energy outdoor patio /hacienda atmosphere, featuring authentic Mexican cooking served in generous portions at modest prices. Cozymel's concept is distinguished in the ethnic casual dining market segment through offering: • Display cooking featuring fresh snapper, pork chops, T- bones and roasters on display, mesquite fired rotisserie chicken, and the constant activity of well trained chefs in full chef garb. • Fresh cooked flour tortillas made from scratch and cooked in full view for the approval of our guests throughout the day. • Enjoy indoor or outdoor patio dining along with an authentic Mexican market and hacienda decor. • A full service Mexico City style bar serving a variety of frozen margaritas, specialty Tequilas and Mexican beers. • Authentic Mexican menu offerings, cooked to order and noticeable without the bland and common Tex -Mex food (•1 • Chilis Call R Bar • C•rafA- Aniemmn Grill kmmPmm. llmarum Grill Slx�>.a dJmv found so often through out the Mexican food segment. • A fun and exciting atmosphere for all occasions. Cozymel's will seat up to 300 guests, including patio seating, and will offer private banquet seating for as many as 100. Seasonal flowers and fruits will be offered as well as high quality gifts and pinatas (to be used on premise or taken home) in Cozymel's own Cozy market. Cozymel's features oak wood grilled rotisserie chicken using Cozymel's unique rotisserie display and cooking method, searing in the flavor and importing that special smoked flavor by the high heat and aroma only oak can provide. The chicken is served whole on the Pollo Rostizado, dinner, (rotisserie chicken), half on the Pollo con Mole, and Cazuela de Pollo con Calabacitas (chicken mole and chicken vegetable stew) and also appears in the Enchiladas de Pollo and Chile Relleno de Pollo. Other specialties at Cozymel's are the Chuletas de Cerdo (pork chops with chipotle pepper sauce), Lomo de Puerco (Mexican pork roast), Pierna de Cordero (lamb shank), Huachinango al Chile Ancho (snapper /sweet chili crust), Camaron Azteca (shrimp and spicy herb sauce), chocolate and vanilla flan desserts for the sweet tooth and a whole host of appetizers and entrees using authentic Mexican recipes served only at Cozymel's. Cozymel's strategy is to pursue controlled expansion into major markets which can support multiple locations for the concepts initial base, branching into markets in close proximity for second tier development and ultimately to reach smaller markets in the final development stage. The first Cozymel's outside of Leon Springs, is under construction in Plano, Tx with the anticipated opening date of February 28, 1994. A site in Little Rock, AR and Wheaton, IL are scheduled to open July and September of 1994. Other Cozymel's sites are in diligent pursuit with the expectation that five Cozymel's will be open by the Spring of 1995. Brinker International currently has 393 restaurants, including 337 Chili's restaurants, in 42 states and in Canada and Mexico. The company's portfolio of four restaurant concepts -- Chili's Grill & Bar, Romano's Macaroni Grill, Grady's American Grill and Spageddies -- generated more than $809 million in systemwide revenues in the 1993 fiscal year. Brinker International's stated goal is to achieve annual systemwide revenues in excess of $2 billion by the end of the decade. For more information contact: Paula Schultz (214)770 -9607 091 PL -�i -R } ECONOMIC BENEFIT OF A COZYMEL'S MEXICAN RESTAURANT TO A COMMUNITY Cozymel's reflects a combination of self - sufficiency, ingenuity and necessity. A "Mexican market" runs the length of the entry courtyard and small neon signs, bunches of dried peppers, and Mexican calendars and posters serve as decor for the restaurant. Fresh garlic, onions, tomatoes, and peppers are displayed on pallets adjacent to the entry aisle and the sights, sounds and smells of delicious food being prepared and served are everywhere. Cozymel's is not only a fun place to eat excellent food in an authentic atmosphere; Cozymel's, with an average annual volume of $3.5 million, will contribute the following to the local economy: A) 52,870,000 annually through the purchase of goods and services, taxes, wages, utilities, dues, etc B) Employment for approximately 80 -100 people C) Insurance benefits at a substantially reduced rate to individuals with three months or more tenure. D) Tuition assistance program for employees interested in continuing their education E) Utilization of local services such as Security, Janitorial/ Disposal, Delivery, Maintenance, Repair, and Food and Beverage suppliers F) Utilization of local banking facilities G) Approximately S1 million worth of improvements to property and opportunities for construction related employment during the initial construction phase H) Participation in charitable and civil promotions / events, contributing an average of approximately S1,000 per year ""' 092 PL -:7�_- IL \'cndcrt.a ties, caps and comprc \%td carison di o\ide He c\c i cross's his o\\n cigar In 1975 he acquired one of South America's biggest sugar mills, the In genio del Cauca in Cali, %\ here nigar cant gross scar -round "I are the sugar mdustn' here," boasrs Ardda Ardda's nascomr, or carbonated soft drinks, are immensely popular in Co- lombia Although Ardila also owns the local Pepsi bottler, it is in lions like bubble - gum - flavored Colom- biana and apple - scented Manzana soft drinks where he makes his big margins by escaping Pepv ro\aJucs In 1993 Organizaci6n Ardila Lulle sold o\cr 147 million cases of fruit ,gascosm, versus 33 million cases of Pepsi By contrast w\ th his rival, Santo Domingo is playing earth -up in distri- bution, thousands of small retailers use coolers owned by Ardila to chill Santo Domingo's beer as well as Ardi- la's,ynrcomr Ardila \s ill tell the shop - keepers to evict Bavaria's bottles as soon as his own Leona is ready or he'll threaten to take his coolers else\\ here Then he'll try to deploy his Panzer Divisions and kiorkor to ovcr%%hdm Bavana's distributors, fighting for market share town by town Despite Ardda's advantage in dis- tribution, Bavaria will be no push- over. By buying out Bavaria's com- petitors, Santo Domingo controlled virtuall\ 100% of the beer market by themid -1980s When thepairclashed in the 1980s over control ofA\ianca, Colombia's national airline, Santo Domingo won Ardda thinks he can ear\c 15 °% out ofBa\ana's sales in the Bogota area in his first )car Santo Domingo \kill fight him every inch When he launches his own rinscosaf, he \sill be able to bottle them in his 17 brc\\ cr- ies. "In my opinion it is very stupid what he [.rWa) has done," says San- to Domingo "He takes a percentage (of beer sales), so i% hat) We \\ill take much more of his soft drinks, and that's o here he makes his mono\ He sa\ s hc's coing to \sin Wc'II go c him a good fieht "1 \1c arc at opposite ends of the social scheme," sneers Santo Domin co Ardda can cake comfort from \\ hat is happening on Colombia's markets Ba\ana's stock has been dropping in recent a ecks r 62 Norman Brinker's polo pony couldn't kill him. It's unlikely he'll tall in the current shoot -out among the casual - dining restaurant chains. The lung of Yuck! and other casual foods By Christopher Palmeri A LITTLE OVER a )'tar ago, 61 -vcar -old Norman Brinker lay in a coma, his lungs wracked by pneumonia, his fe- ver passing 106 During a polo match Banker's horse had fallen on him, n\icc. Four of the five doctors who examined Brinker tliought he'd never leave the hospital alive But Bnnkcr was a tough old coot withworktodo Aftcrthree\vecksma coma, he awoke Completely para- Ivzed on his left side, he promised himself he'd be home walking in less than three months, and back in the office soon dicrcaftee "No crutches, no cane, no wheelchair," he \o"cd Ahead of schedule, Brinker was back at his desk by May of last year, with little more than a limp to show for the trauma Since then he has been turning his considerable willpower toward solving the challenges facing his 5650 million (1993 revenues) Brinker International, one of the US' biggest restaurant operators The problem The so -called casual - dining segment of the restaurant in- dustry, which Bnnkcr created \kith Norman Brinker and Ronald McDougad at cozymel 5 peopte wait an hour for their roast pork and rail snapper. Forbes a August 15, 1994 mow' o93 VL- << Stcak Sc, Ale in the 1960s, is glutted "There's been a proliferation of casu at dining;" says Brinker. ' %c're all going after the same people " Nottherc is chL glut more apparent than in BnnkLr's hometown of Dal- las. Along I mile of Belt Line Road there are more than 70 different res- taurancs, nearly all of them casual - dining estabhshmctics In the Dallas - Fort Worth arL3, Bnnkcr Imcmation- al alone operates 50 restaurants Brinker is sure casual dining sell continue to grow—al read v Amen - cans spend as much eating out as on eating in. But he isn't sure which eonceptsmillbehot Sohe'sacquiring multiple ones Brinker International now operates siv chains Tht,v range from Grady's American Grill, a purveyor of steak and seafood, to C07vmcl's, a new concept des eloped by Philip Romano (nebuc) featuring the cuisine of hic\i- eo's Yucatan peninsula- 17tick! food, as Brnker's people jokingly call it Bnnker's other chains Chili's Grill LQ, Bar, Romano's iMacarom Grill, Spr gcddies and On the Border. All told, Brinker International is second only to General ,Mills —mrh its Red Lob- ster, Olne Garden and China Coast chains—in the number of casual -din- mg rLsraunnts a operates Brinker makes sure the food — n hate%er as pro%enancc —is last\,, re- tails for less thin SI5 per customer (drinks included) and a d0l%LiLd with sonic panache At BnnkLr's iUaearom Grill, a 3.1 -outlet Iralon concept launched co steal higher end customers from General Mills' Olne Garden, Ltucomers senc thulsschcs %%me from a gallon lug on the table. Thcv all chc waitress how main- class- es thcti had at the end of the meal This honorsyso.m makes the customers feel more at home and a little freer with the bortlL, and Bnnkcr can atford the oc- Lasional L)Lat A gallon lug that Lost$ the restaumnt around S7 pours 13 gla%ses th it «tad at S2 75 each - ]irntkenumad long agn rhan%hen connpLung mLktaurtacs opLtted nest dour, 11W111e'SS ottcn boonnLd "PL'O- plt, like rLSraurant ro%%a," he t.splains "if you've got a group and snnnbods &ode the%• don't %%ant Italian, thc% Lan cross the %ircct and sac .\ It.sican " 7 his insight his Icd Brinker to look for prime sites %% tilt thi. porennal for mul - A letter from PhilvWe Restaurateur Phdip Romano Building a laboratory for tomorrow's chains fry WHEN' restauratcur rmbp - Romano designs a restau- rant, he makes sure it fca- tures an open kitchen —the better to make the cus- tomers trust the owner, Ro- mano believes He also incorporates theamcai touches, like opera - sing -,, rng %vaitresscs. "People want more excitement in- their lives," he explains. ' Romano founded Fuddruckcr's, a gourmet"' hamburger chain that • .. grew too fast and got into trouble in the mid- 1980s. That experience convinced Romano he'd rather create concepts So he went to work as a consultant to Norman Bunker's Brinker uple rectwrana His ideal Control an inarx anon and put a different resnunnt concept on e ash corner Thae % %av, if a Bnnkcr msrutrant loan busuuss, chances are it %sill lose to another Bnnkcr restaurant Spooked b) the compcnrion and disappointing same store sales, Wall Strtc'L has Wined skitush on the res rauran.k business —e%en % %ell- t.stab- hshtd Brinker Ilutmational has lost nearly one third of us markL( %clue in rteent months {R%LLnt(v 233/4 a share, it ie tndine a 28 rimes the h%r 12 month,' e tanner ) But (tits tear is actuall%' Crud nu%s lot Canker It mean% t1'ill Strut %%tin t he Lnat1119 a% m caw rw%s comps ntors for ham a% it did a lu% %a,vs igu, %%hut praericail% auk' tie%% restaurant eon.ept utmpan% could niaL pubhL cywry (Futtnts, F, b !, l vilj) International. Since 1988 Romano has tested his ideas in Leon Springs, Tex., a tiny ham-, Ice 20 mules northwest of ' San Antonio that's visible from his hill country home. He picked Leon Springs ,j because land was cheap and he wouldn't have to = 4 bother with permtu'and s building inspectors in the: unincorporated town (pop. 137). And he wanted a small -town context rn which to test his con. " , cepis. "People want to gec away from the rat race and go back to that small town feel," he explains. In his laboratory, Ro- mano has three restau- rants — Italian, Mexican and barbecue --and a coun= try music dance hall „ They should gross more than $15 million this year. Romano has changed Leon Springs' landscape' -; so dramatically char the 10 -. gals have taken to calling" , the place PMvtlle If con- rcpt works in Phdville,-,'; > e\pcct to sec it in other; parts of Bttnitcr's nation- - %sicic empire, - —C.P. r For the fiscal year that ended June 30, RutaLhcr Picrcc analvsc J J Fitz- simmons e%pects Brinker Interna- tional to report profits that jumped 35% o%cr last vcar's results —that will mean earnings of S65 million (83 cents a share) on sales ofS830 million. Comparable store sales, already an- nounced, %vere up 2% last year. But lu %t as he set an ambitious reeovery goal for his body last veer, so Brinker espeLts to get the umiox out of his unnpm,v By the %ear 2000 he %% ants totrcblc%alcc,toS26billion To%%ard that end he and Brinker lntcrnation- al's longtime president, Ronald ,\ILDuugall, %%dl open 100 new res- taurant outlets this %,L at, amt increase of more than 20% "If wL Lan stay just a half-step ahead of the LompLtirion," Bnnkcn- %ava,'•rhat's all we need " M 09 Forbes • •tueu%t I;, 199; ht � p L --IM r ( � \ \�. � \��:� Ilk rude .iwit things and has set a goal and %orled as hard as it tool to achie%e the goal," sa)s Lane Card %ell, a IS-) car Brinker associate mho is executise site president of stntcgic dc%clopmcni at Brinker international. "That's exactly %hat his done here "The doctors are in the process of going over the medical data to figure out mhere they went so %rong. Where they missed it %u that they had no insight into the man, the dri%e, and that will to win." After Brinker returned to conscious- ness, doctors told him that his recovery mould tale a year or more. "I said they were wrong, absolutely m Tong," he says He set his sights on April 22, the date the D2112s Har%ard Business School Alumni Club had chosen to honor Brinker %ith its Business Statesman Award. Then, taking a page from his restaurant management playbook, he and his wife, Nancy, pulled together a medial turn "dedicated to getting me back," he says "That's the spirit me have at Brinker," he says "If something comes up, )ou get )our team together." Doctors dished out some tough medi- cine for Brinker For about six weeks, he %as confined 10 a South Florida rehabili- tation hospital and not allomed to use a telephone. For Brinker, who thrives on contact with people, this v. as the toughest psrt of his recover), 1 %as so frustrated — as frustrated as could be," he says He coped by relay mg messages through family members and other usitors, and by focusing on his goal of proung his doctors wrong. He hit the road to recover) hard, %orkmg four to fi%e hours a day, six days a %eek m ith his medial team As the tedious hours of rehabilitation grew into days and %%eeks, Bnnler ne%er stopped thinking about hom much he to%ed his life and his morl "I not only wanted to get back, I %as determined to get back, because all my (Wends are here," he sa) s, "I love it here. i love this compa- n) I love %hat I do To me, it's not a job ind that made all the difference " Also pis) Ing a le) role in his recovery m is his physical fitness Brinker, mho turned 62 in June, ranked in the 99 S per - ccntile of his age group in a phystal tat he tool three months before his accident He drew additional strength from the support and encouragement of family, mends, colleagues and total strangers "I received over 5,000 cards and letters," he says "There also m ere o%er 3,000 phone ails that I couldn't tale. The hospital FLB MAGAZINE JULY/AUGUST 1993 Brinker's secret? His people Although Norman Brinker long has been seen as the dn%mg force behind Bnnler iniernaiional Inc, the compan) didn't miss a beat during his recent absence It posted a record 35 percent increase in "innings for its fiscal third quarter, mhich ended March 31, and steamed ahead m rah expansion plans for Chili's, Romano's AacarOni Grill, Grad)'s Amer- ican Grill, and its newest concept, Spageddies With 370 restaurants now, Brinker International expects to have 450 when its fiscal year ends next June 30. No one is more pleased by these developments than Brinker, for %hom teammork is a religion "It isn't me;" he says, explaining the success enjoyed by Brinker International o%er the years He credits the efforts of execua%es, unit managers and other employees, many of m hom hat a been m ith the company for ) cars and some of mhom predate Brinker International, havng worked for Chili's Inc before Brinker bought the chain in 1953 "I attract people and encourage them to be entrepreneurs," Brinker says "We've had very little turnoicr at our top levels That mans )our continua) stays together We lnom itch other We keep looking at things and 21% 23s challenge oursekes mesh the question, 'What can we do beticra' If it mans changing some- thing, m ill change it " Sa) s Lane Cardm ell, the compan)'s execun %e %ice prestdcri( of strategic devel- opment, "Our mhole goal is to make changes nobod) ever notices but al%a)s appreciates-to tale small sicps at a time " The formula his morled %ell for Chili's, %hick has gro %n from 1S units to more than 300 since Brinker acquired the chain Avenge annual revenue has climbed from $1 5 million per unit to $2 3 million, and the chain has enjo%ed nine consecutive ) cars of same -store sales mcr-wes b) quaricr "One thing )ou notice about hit Brinker is that he's alma%s tinkering," says Mare PerLins, president orCromn Finan- cial Associaccs, a Palm Bcach, Fla , bro- lcnge that Tracks restaurant stocks "Every one of his restaurants is alma)s changing, m ith a ncm little thing here and there That's to his credit " The latest wrinkle in the Chili's game Chill's Romano's Macaroni Grill Spageddles Grady's American Grill Plan is international expansion The 50 ncm Chili's restaurants slated to open in the coning year will include outlets in Indonesia, South Korn, Europe and the Middle East hleanwhile, Romano's Macaroni Grill, a high- snergy Italian Litchcn concept %ith g t I" is ' switchboard was overcome " "HaiIng all this encouragement was Wirt. %cr) important for me," he says "I roll) appreciated it " In late March, doctors allowed Brinker to retum to his home in Palm Beach, Fla For his first non - hospital meal, he headed to a local unit of Grady's American GnII - a restaurant chain opmted by Brinker international At the restaurant, he reveled in the relative freedom of wheelchair, am ass rag customers for opinions and mingling with employees A few days later, "I was deter- mined to get back, because all my friends are here." he astounded the same employees by walk- ing into the restaurant. As March gave way to April, Brinker became convinced that he could travel to Dallas to receive the Business Statesman Award But several close friends urged him to stay in Florida, saying the four days required for the trip would be better used for further rest and rehabilitation At the last minute, he took their advice and refocused on his secondan goal - attend- ing the May 4 meeting of Brinker Interna- tional's board of directors. This time, he was not to be dissuaded He arrived hack at work three da) s ahead of the board meeting, receiving a standing ovation from headquarters employees "I can't tell you how gnu(N mg it was to see all these things happen - coming back to Dallas, stung the plane landing, and just coming back here," he says "It was wonderful " The board nmstated Brinker as chair- man and chief executive officer, toles that it had assigned to longtime associate Ronald A McDougall following Banker's accident McDovFall resumed his former dunes as president and chef openting ofricer McDougall has indicated that he intends to stay with Brinker Intemational, working closely with Brinker, as the) always have. "Ron and I have been together for over 20 yean and never have had a serious daagrcemcnt," Brinker sa%s 34 Brinker cmph2s,2cs that da%- to-da) management of Brinker international always has been a team effort "This has never been a Norman Brinker eompan) or anybod) else's;' he says "After 1 got hurt in January, we had a record quarter in March, with our earnings up some 25 per- cent The reason is that we're a team When I'm in a meeting, we resole things as a team It's not me going in and telling People what we're going to do " Brinker founded Steak 3 Me in 1965 and took it public in 1971 before merging the company with Pillsbun Co in 1976. Seven years later, he Icft Pillsbury to buy and operate Chili's Inc , which opented a small chain of Chili's Grill and Bar restaurants He since has grown Chili's into one of the most successful chains in the nation, while also launching Grady's American Grill, Romano's hlaarom Grill, and Spageddies restaurants under the Brinker International banner. Although Brinker has limited business travel and has worked mostly mornings so he an pursue an afternoon regimen of strengthening exercises, his role and style otherwise appear unchanged "He's the same as he's always been," Cardwell says "His role has alw ay s been that of the N isionary, the rntuime leader, the culture - keeper and the teacher He still has that role, and he still rills that role " The accident, though, has changed Brinker For one thing, it has reinforced his longstanding belief in the importance of tcamwurk "A tam of the right pcuple is so much different than a tam of almust the right people," he sa) s It also has Increased his affection for people to new heights "1 really, really are about peo- ple," he says "For anyone %%ho's hurt or injured, I want to be sure the% know I'm concerned i "ill w rite them a letter, because that was %cry important to me " He also has gi%en up polo, a sport he pla)cd with passion for 32 )ears, despite surrenng numerous broken bones, a col- lapsed lung and a se%ere back Injury in accidents preceding his Januan mishap "f miss it something terrible," he says Yet, he still has his lire, his famd), his friends and his work, along w ith the unique appreciation ordad) li %mg known only to those who ha%e experienced a close brush with death "I ha%c more zest for life than ever, because i realize he%% important It is, how important people arc, and how man) wonderful things there arc," he says "I'm looking forward to doing exactly what I'm doing right now " FTE exhibition cooling and an average check of f 13, also has been growing steadily, with units from New Mexico to New Jer- sey to Florida. Ten to 12 new units arc planned during the next year, bringing the total to about 35. Gndy's, which features steak, seafood, chicken, puts, sandwiches and salads and a comfortable atmosphere, his expanded into the Southeast, Southwest, and Ccntnl regions, and as far west u Denver. With an avenge check of $10 to $11, Gndy's plans to add 10 to 12 new units during the next year, increasing its total to 35. Spageddies is an Italian restaunnt designed for families With an avenge check in the Chile's range of $8, Spaged- dies emphasizes family fun, featuring a large exhibition cooling area and a bocce ball bourt There are three Spageddies units in Texas, and one more is slated to open in the state during the company's current fiscal year. In addition, two or three Spageddies will open in Florida, the first non -Texas muket targeted for expansion of the concept. Bnnler expects both Romano's Maca- roni Grill and Grady's to surpass $100 million in sales during the current fiscal year, and he anticipates that Spageddies will reach the same marl quickly " d future ones are u popular as the ones that have just opened " How does Bnnler keep tumover low "People who work for us are very happy." and customer satisfaction highr By train- ing his people to focus on customers, by empowering them to respond with innov- ative solutions, and by treating them well "We pay our people well, and we have incentives for them," he says "Rio chal- Icnge them We give them responsibility and authonry, so a person redly an do things on their own Pcople who work for us are ver) happy " Adds Cardwell, "It's just training, training, training, quality people, and always working on procedures so you mirtimizc any possibility for inconsis- tency " FXB ,- 097 PL -t'i. - fs PARK CITIES PEOPLE - THURSDAY, S£PTEMBER29, 1994 Govemor's committee cites Brinker Intemational for hiring the disabled The Texas Governor's Com- mittee for People With Disabilities named Brinker International the 1994 Large Employer of the Year Award. The award recognizes Texas companies in the private sector with 200 or more employees for helping people with disabilities Brinker International also is the recipient of the Dallas Large Employer of the Year Award, which is awarded by the Dallas Mayor's Committee for Employ- ment of People With Disabilities. As the winner of Texas' highest aw ard for hiring persons with dis- abilities, Brinker International also will be nominated for the national President's award in the same cat- egory. In 1991, Brinker International became involved in the Team - works program, which promotes the objective of offering persons with mental, physical and sensory disabilities the chance to work and enjoy hfe with dignity and respect The company employs more than 150 individuals with disabilities at both the corporate office and in many of the company's restau- rants nationwide. "Brinker International has made an extraordinary commit- ment to recruiting and accommo- dating individuals with disabilities who are both employees and cus. tomers," said Texas Gov. Ann Richards MM PL --CLT_IW CITY OF EL SEGUNDO ABC LICENSES COUN'T'ED TOWARD "UNDUE CONCENTRATION' CALCULATIONS (Using 1990 Census Data) Census Tract 6200 6201 East of Sheldon West of Sheldon - North of El Segundo Blvd Population 6796 8427 On -Sale 1:1020 1.1020 County Average 7 Licenses 8 Licenses On-Sale 1.485 1:421 El Segundo Ratio 14 Licenses 20 Licenses - "undue concentration" Off -Sale 1.1301 1.1301 County Average 6 Licenses 7 Licenses Off -Sale 11699 1.1405 El Segundo Ratio 4 Licenses 6 Licenses - no "undue concentration" (Any extra fraction of a license is rounded up) _ u /k, 099 PL -� -rZ • oc .s 9 m r 0 w n w1tY.1 m j \ z o ..... .Kr n t•• �• NK•w w ��01 ' Y i IN•••M li y ir v..•1 n i rwa.4 r•w.a n I i rr Irk + \YYl w 6.00 w• wlw n � w. wa w +N.• n y IMNtwI ••wY n � wuwl wa rlr.a " •al wa w• wlnr Y S ■ j N MaM low w - i •uu w. M 4 •...•w• • •r .w ° 'jjl l(_��In �(�'�jI IjjI I(�'j��I�jI °r -� + 7 I S 1111111 1 111 11 II 1 I ::a jil it7 ' . t •ati • r • • • i....ys .- 7;t.. SUN 17 Sat /k, 099 PL -� -rZ 1994 ABC CRIME AND ARREST STATISTICS BY REPORTING DISTRICT (RD) TOTAL 1883 Average number of Part I Crimes and Arrests per Reporting District . 62.8 100 PART I CRIMES % ABOVE B12 ARRESTS AVERAGR 001 83 32 002 35 -44 003 80 27 004 112 78 005 85 35 006 53 -16 007 124 97 008 61 -3 009 47 -25 010 135 115 011 215 242 012 29 -54 013 29 -54 014 37 -41 015 72 15 016 15 -76 017 3 -95 018 7 -89 019 6 -90 020 6 -90 021 12 -81 101 104 66 102 106 69 103 41 -35 104 110 75 105 83 32 106 170 171 107 5 -92 201 7 -89 301 5 -92 TOTAL 1883 Average number of Part I Crimes and Arrests per Reporting District . 62.8 100 O 6 Q + •' r' x Z 1) i ~ Z O J 0l W S3130NY SOl O W d � O 3NYON1IMVN AO A113 IALNfl00 If AY 11S H AMA w I AViM Z _ w °nla 3M 00N003m 00110 N ►0 re3A)la E < V r 1 ' fl ! ! _ M j j «« i « L« j « M L« • NaAI dL i D 1 0 •,) 9 9 9 9 9 9 31 M M SAY VIVO •de ✓i i wI w o NLJ ]nr � flsl : i I 0 LJ , LJ I•I I•I IwI LJ LJ L N L I I`,.I `• LJ lJ L/ LM1Y/1 y o p Ih r � � s � s w YLLLiON" y YA1\ it l lM wlYd u u an aid YM am 31dow/ �! S I • l r r m YiYYM q'a Ni y b li m1XHl Aamunoi,; N*6 A O 6 Q + •' r' x Z 1) i ~ Z O J 0l W < J � O W d � O Z_ < O Y If AY 11S H O � w I AViM Si* i -119 IAl IIW II� la M\Ym O p o O 0 pAl\ iY1m1M111100 u U LYOYYIrI • t X n �r ®� N_ If rM iIONI � M 10N1 If LIOMII II !t SYfMYY p �� Is vxYmnr) •Y0111H /�f� It xOf lYO VY l{ 10 YAiM 1{ YaIm ID �O �y J YO •OlYYN11i li Oxr ll.r rw is a11101 A ®® 1{ YYY 0 L "Nil 1d S X0013Ni • ® _ IS /x3YY _ T O N�- L--j LJE; !S OYrON rlf IS f Mlrw IS ONONM )IY ® ® If OYOJMO) IEIE=—]E= B li •INIO WA O_ Lf ON111NY p If Y1fIA 11101 IS 4)1lM � IS 7 r- �� _ lS If 3Y)111M iltraoow\ar `-LI•Yw•\ Lqa N*M E`ES PILG A p r � � H V �r N Y /1 N r ?d C ddd M • e $'a coo oo I q O n� N Z Q u w u u a {I < a 1 "�' 101 a x Poll i W O J 0l It. < { W cc f s W O Y H O � w I AViM Z _ w 3M 00N003m H V �r N Y /1 N r ?d C ddd M • e $'a coo oo I q O n� N Z Q u w u u a {I < a 1 "�' 101 u s < < { W W m „ Z Z O E < < fl ! ! _ _ NaAI dL i i $2A M M S SAY VIVO 7AY "is C C in amid N L L/ LM1Y/1 y y p j j Y YLLLiON" y y it l lM wlYd u u an aid YM am 31dow/ �! S Aamunoi,; N*6 A O \ \Y 111,31k.141 $'a coo oo I q O n� N Z Q u w u u a {I < a 1 "�' 101 Assembly Bill No. 2897 An act to amend Section 23968 of, and to add Section 23968.4 to, the Business and Professions Code, relating to alcoholic beverages. JAppeorad by Covemw S�3, law. trued with Secretary a! Stan s% 19a41 LECISLATIn COUNSELS DIGEST AB 2897, Caldera. Alcoholic beverages: retail licenses: undue concentration. Enasting law provides that the Department of Alcoholic Beverage Control may deny an application for a license if the issuance would, among other things, result in or add to an undue concentration of licenses, and the applicant fails to show that public convenience or necessity would be served by the issuance. Existing regulatory law defines "undue concentration" with regard to applications for on -We and off -sale retail licenses. This bill would instead require the Department of Alcoholic Beverage Control to deny an application if issuance would tend to create a law enforcement problem, or would result in or add to an undue concentration of licenses. The bill would change the definition of undue concentration, and would provide that, notwithstanding the requirement that the department deny an application that would result in or add to an undue concentration of licenses, a license may be issued with respect to a nonretafl license, a retail on -sale bona fide eating place license, a retail license issued for a hotel, motel, or other lodging establishment, as defined, a retail license issued in conjunction with a bear manufacturer's license, or a wine 's license. if the public convenience at necessity would be served by the issuance, and with respect to any other license, if the local governing body of the area in which the applicant premises are located determines that public convenience or necessity would be served by the issuance The people of the State of CaUrarnis do enact as follows: SECITON 1. Section 21958 of the Business and Professions Code is amended to read: 23958. Upon receipt of an application for a license or for a transfer of a license and the applicable fee, the department shall make a thorough investigation to determine whether the applicant and the premises for wluch a license is applied qualify for a Incense and whether the provisions of this division have been complied with, and shall investigate all matters connected therewith which may affect the public welfare and morals. The department shall deny an 133 94 110 162 Ch. 630 —2— application for a license or for a transfer of a license if either the applicant or the premises for which a license is applied do not qualify for a license under this division. The department further shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except as provided in Section 23956.4. SEC. 2. Section 23958.4 is added to the Business and Professions Code, to read: ■ 23958.4. (a) For purposes of Section 23958, "undue concentration" means the applicant premises for an o ' or premises -to- premises transfer of any retail license are located in an area where any of the following conditions exist (1) The applicant premises are located in a crime reporting d stnct that has a 20 percent irreater number of rgmrted crimes. as defined in subdivision (c), than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency. (2) As to on -sale retail license applications, the of on -salmi retail licenses to nom in the census tract or census ; on rn wfuch the applicant premises are located exceeds the ratio of o11 -sale premises are locates. (3) As to of -sale retail license applications, the ratio of off -sale retail licenses to 22Lqk2gWn the census tract or census divizi on rn whach the applicant premises are located exceeds the ratio of off -sale premises are locates „J (b) Notwithstanding Section 23958, the department may issue a license as follows: (1) With respect to a nonretail license, a retail on -sale bona We eating place license, a retail license issued for a hotel, motel, or other lodging establishment, as defined in subdivision M of Section 25503.16, a retail license issued In conjunction with a bee: manufacturer's license, or a winegrower's licenae, if the applicant shows that public convenience or necessity would be served by this issuance. (2) With respect to any other license, if the local governing body of the area in which the applicant premises are located determines that public convenience or necessity would be served by the issuance ic) For purposes of this section, the following defialtions shall apply: (1) "Reporting districts" means geographical areas within the boundaries of a single governmental entity (city or the uruncorporated area of a county), that are identified by the local law enforcement agency in the compilation and maintenance of statistical information on reported crimes and arrests. v 140 �0 �L- 'a -3— Ch. 630 (2) "Reported crimes" means the most recent yearly cos-- detion by the local law enforcement age wy of reported o! %:uses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. (3) "Population within the census tract or census division" means the population as determined by the most recent United States decennial or special census. The population determination shall not operate to prevent an applicant from establishing that an increase of resident population has occurred within the census tract or census division. (4) "Population in the county" shall be determined by the annual population estimate for California counties published by the Population Research Unit of the Department of Finance. (5) "Retail licenses" shall include the following: (A) Off -sale retail licenses Type 20 (off-sale beer and wine) and Type 21 (off -sale general). (B) On -sale retail licenses: All retail on -sale licenses, except Type 43 (on -sale beer and wine for train), Type 44 (on -sale beer and wine for fishing party boat), Type 45 (on -sale beer and wine for boat), Type 46 (on -sale beer and wine for airplane), Type 53 (on -sale general for train and sleeping car), Type 54 (on -sale general for boat), Type 55 (on -sale general for airplane), Type 56 (on -sale general for vessels of more than I,0W tons burden), sad Type 62 (on -sale general bona fide public eating pleas intesmittent dockside license for vessels of more than 15,000 toms displacement). (6) A "premises to premises transfer" refers to each license being separate and distinct and transferable upon approval of the department. (d) For purposes of this section, the number of retail how in the county shall be determined by the most recent yearly retail license count published by the department in Its Procedure ManuaL (e) The enactment of this section shall not affect my existing rights of any holder of a retail Beene issued prior to April 20, IM whose premises were destroyed or rendered unusable as a result of the civil disturbances occurring in I= Angeles from April 29 to May 2,19M to reopen and operate those licensed premises. (f) This section shall not apply where the premises have been licensed and operated with the same type license within 90 days of the application. 104 54 ue, 1.15 �L -T7-- T71� .13987.RCU OoLODer lb, IVV4 rage o n bill text, brackets have special meaning: [A> <A] contains added text, and [D> <D] contains deleted text. alifornia 1993 -94 Regular Session nacted ASSEMBLY BILL No. 2742 CHAPTER 629 .ee An act to amend Sections 23987, 24013, and 24200 of, and to add >ection 25612.5 to, the Business and Professions Code, relating to alcoholic beverages. (Approved by Governor September 19, 1994. Filed with Secretary of State September 20, 1994.3 LEGISLATIVE COUNSEL'S DIGEST AS 2742, Lee. Alcoholic beverages. i Existing law requires the Department of Alcoholic Beverage Control :o notify the appropriate sheriff, chief of police, district attorney, ind legislative body of an application �i u__or lice and prohibits • partment of Alcoholic Beverage ,on�ro from issuing or transferring a license until at least 30 days after these notices are provided. This bill would �o also or the license or icense transfer application, and would allow any local law enforcement agency that is so notified to re extens of the 30 -day waiting period for a period r1o��o ax s an add ona 20 days. Existing law provides that the issuan of a liquor license may be filed with the Department of Alpo o c Beverage Control, as specified. Existing law permits the department to reject protests it determines to be false, vexatious, or without reasonable or probable cause, and permits a protestant whose protest has been rejected to file an accusation with the department, as specified. This bill would require Ue De artm Alcoholic Bever control, if, after investigation, t recommends nt a 1 cause be issued no EW wi hstandinq a protest by a public agency, a public official, or the governing body of a city or county, to notify the ea ncv� official, or qoverning body inwr�wri_t�in of its determination and the reasons therefor, in conjunction with�* not ce of hearing provided to the protestant, as specified. m` . Existing law establishes various matters, including a licensee's railur• to take reasonable steps to correct a nuisance on the licensed 1' premises or other immediate areas within a reasonable time after receipt of a notice pursuant to a specified statute, as grounds for the 136 p L ��3 wB987.RCD October 18, 1994 rage o -c suspension or revocation of a liquor license. This bill would, as provided, establish a licensee's failure, within a reasonable time after specified notice, to take reasonable steps to correct objectionable conditions that occur during business hours on any public sidewalk abutting a licensed premises, as an additional ground for revocation or suspension of a liquor license, except with respect to certain specified licenses. Existing law establishes certain regulatory requirements with - respect to alcoholic beverages, and provides that the violation of any of those requirements shall be punished as a misdemeanor, unless otherwise provided. This bill would establish certain general operating standards that are applicable, as provided, to the licensed premises of certain retailers of alcoholic beverages, the violation of which would be punishable as a misdemeanor. By creating a now crime, this bill would establish a state - mandated local program. The California Constitution requires the state to reimburse local _ zies and school districts for certain costs mandated by the state. st.L.utory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. The people of the State of California do enact as follows: SECTION 1. Section 23987 of the Business and Professions Code is amended to read: 23987. D n the the e a ant of an on ina to application or any cans* or an app ca on or ans er of any icense, written notice thereof, consisting of a copy of the application, shall i ataly be unlIX by the department to the sheriff, chic -o- r.— .... nlioLhjnd district attorney of the locality in which the premises are-situatord, to the eit or cou , .+hoever has jurisdiction, the boar supery sors of the county n which the praises are situated, if in unincorporated territory, and to the city council or other governing body of the city in which the premises are situated, if within an incorporated area. No lice ufL or transferred by the department until at leas a s aftes the ma ng by the department of the nctiC � reduired by this section. The department as extend the 30 -da period ified in the preceding sentence for a period alt to ex eed an :ional 20 lave, upon the written request of any local law enforcement agency that states proper grounds for extension. Proper 3rounds for extension are limited to the requesting agency or official oeing in the process of preparing either a protest or proposed - onditions with respect to the issuance or transfer of a license. SEC. 2. Section 24013 of the Business and Professions Code is amended to read: �„ 1 24013. (a) Protests a the led t any office of the department at tine w�ithir, 30 days from e f rst date of posting the notice of 13 n �:T .lot PL - :DT -y`f 1987.RCD UCr-ODer tb, 1994 rage a -o itention to engage in the sale of alcoholic beverages at the premises, within 30 days of the mailing of the notification pursuant to Section 1985.5, whichever is later. r ..00MM (b) The de a c o aa ct o petes s exce a t a blic o publi f re made e governing y a y or county, if it determines the protests are false, vexatious, without reasonable or probable cause at any time before hearing Hereon, notwithstanding Section 24016 or 24300. If alter lvestiaation, the deoartment recommends that n comae issued )twithstanding a protest by a p c agency, a public off c aT, or the ,verning body of a city or county, the s- _ _notily�tha and ien .y- official, or governing body in wri_tine o! to ,�sra %., ■r n� ie reasons therefor, in conjunction-w-ith conjunction-with the notice of hearing provided D the protestant pursuant to Section 11509 of the Government Code. )e.department rejects a protest as provided in this section and issues license a whose protest has been rejected ma thin 10 s a' er the issuance of the license, a an a w th the apartment alleging the grounds of protest as a cause for revocation of ie license and the d oaring as provided in iapter 5 (commenc nq with Section 11500) of a T of Division 3 of itle 2 of the Government Code. s � t (c) Nothing in this section shall be construed as prohibiting or estricting any right which the individual making the protest might have a judicial proceeding. SEC. 3. Section 24200 of the Business and Professions Code is mended to read: 24200. The following are the grounds that constitute a basis for ne suspension or revocation of licenses: (a) when the continuance of a license would be contrary to public elfare or morals. However, proceedings under this subdivision are not a imitation upon the department's authority to proceed under section 22 f article RX of the California constitution. (b) Except as limited by chapter 11 (commencing with section 24850) ad Chapter 12 (commencing with Section 25000), the violation or the dusinq or the permitting of a violation by a licensee of this division, ny rules of the board adopted pursuant to Part 14 (commencing with ection 32001) of Division 2 of the Revenue and Taxation Code, or any ules of the department adopted pursuant to the provisions of this ivision, or any other penal provisions of law of this state prohibiting r regulating the sale, exposing for sale, use, possession, giving away, ziulteration, dilution, misbranding, or mislabeling of alcoholic everages or intoxicating liquors. (c) The misrepresentation of a material fact by an applicant in btaining a license. (d) The plea, verdict, ontendere to any public o ederal law prohibiting or .Issession, or giving away iauors or prohibiting the 3ntalners charged against or judgment of guilty, or the plea of nolo Efense involving moral turpitude or under any regulating the sale, exposing for sale, use, of alcoholic beverages or intoxicating 107 refilling or reuse of distilled spirits the licensee. 138 l0i O L -- ' =�s i987.RCD Octocer lb, IVV4 rage o -• (e) Failure to take reasonable steps to correct objectionable )nditions on the licensed premises, including the immediately adjacent ea that is owned, leased, or rented by the licensee, that constitute a A lance within a reasonable time after receipt of notice to make those )rrections from a district attorney, city attorney, county counsel, or ie department, under Section 373a of the Penal Code. For the purpose of ,is subdivision only, "property or premises" as used in Section 373a of ie Penal Code includes the area immediately adjacent to the licensed emises that is owned, leased, or rented by the licensee. (f) Failure to take reasonable steps to correct objectionable )nditions that occur during business hours on any public sidewalk outtinq a licensed premises and constitute a nuisance, within a 2asonable time after receipt of notice to correct those conditions from ie department. This subdivision shall apply to a licensee only upon citten notice to the licensee from the department. The department shall ,sue this written notice upon its own determination, or upon a request om the local law enforcement agency in whose jurisdiction the premises F located, that is supported by substantial evidence that persistent :tionable conditions are occurring on the public sidewalk abutting licensed premises. For purposes of this subdivision: (1) "Any public sidewalk abutting a licensed premises" means the iblicly owned, pedestrian - traveled way, not more than 20 fast from the remises, that is located between a licensed premises, including any mmediately adjacent area that is owned, leased, or rented by the icensee, and a public street. (2) "Objectionable conditions that constitute a nuisance" means isturbance of the peace, public drunkenness, drinking in public, arassment of passersby, gambling, prostitution, loitering, public rination, lewd conduct, drug trafficking, or excessive loud noise. (3) "Reasonable steps" means all of the following: (A) Calling the local law enforcement agency. Timely calls to the ocal law enforcement agency that are placed by the licensee, or his or er agents or employee&, shall not be construed by the department as vidence of objectionable conditions that constitute a nuisance. (S) Requesting those persons engaging in activities causing .bjectionabla conditions to cease those activities, unless the licensee, ,r his or her agents or employees, feel that their personal safety would ,e threatened in making that request. (C) Making good faith efforts to remove items that facilitate tering, such as furniture, except those structures approved or ermitted by the local jurisdiction. The licensee shall not be liable or the removal of those items that facilitate loitering. (4) When determining what constitutes "reasonable steps," the epartment shall consider site configuration constraints related to the nique circumstances of the nature of the business. (g) Subdivision (f) shall not apply to a bona fide public eating 10 $ lace, as defined in Section 23038, that is so operated by a retail ,n -sale licensee; a hotel, r-otel, or siailar lodging establishaent, as 139 PL -D-�e -)87.RCD October 18, 1994 Page 6 -o tined in subdivision (b) of Section 25503.16; a wine growers license; Licensed beer manufacturer, as defined in Section 23357; those same or ,tiquous premises for which a retail licensee concurrently holds an -sale retail beer and wine license and a beer manufacturer's license; those same or contiguous premises at which an on -sale licensee who is sensed as a bona fide public eating place as defined in Section 23038, lotel, motel, or similar lodging establishment as defined in ,)division (b) of Section 25503.16, a licensed beer manufacturer, as fined in Section 23357, or a wine growers license, sells off -sale beer J wine under the licanseeefs on -sale license. SEC. 4. Section 25612.5 is added to the Business and Professions de, to read: 25612.5. (a) This section shall apply to licensees other than a tail on -sale licensee who is licensed and operates as a bona fide olic eating place, as defined in Section 23038, or as a hotel, motel, similar lodging establishment, as defined in subdivision (b) of ction 25503.16; a wine growers license; a licensed beer manufacturer, defined in Section 23357; a retail licensee who concurrently holds an f -sale retail beer and wine license and a beer manufacturer's license r those same or contiguous premises; and a retail on -sale licensee who licensed and operates as a bona fide public eating place, as defined Section 23038, or as a hotel, motel, or similar lodging tablishment, as defined in subdivision (b) of Section 25503.16, a censed beer manufacturer, as defined in Section 23357, or a wine owers license, who sells off -sale beer and wine under the on -sale cense on those same or contiguous premises. (b) The Legislature finds and declares that it is in the interest of ,e public health, safety, and welfare to adopt operating standards as ,t forth in this section for specified retail premises licensed by the - partment. The standards set forth in this section are state standards iat do not preclude the adoption and implementation of more stringent 3cal regulations that are otherwise authorized by law. (c) Other than as provided in subdivision (a), each retail licensee call comply with all of the following: (1) A prominent, permanent sign or signs stating "NO LOITERING IS .LOWED ON OR IN FRONT OF THESE PREMISES" shall be posh rn 'a Tlace ,at is clearly visible to patrons of the licensee. The size, format, arm, placement, and languages of the sign or signs shall be determined the department. This paragraph shall apply to a licensee only upon -ittan notice to the licensee from the department. The department shall sue this written notice only upon a request, from the local law iorcement kgm= in whoselTb.3iction the pr Bes are ocT atei<; that s supporte by substantial evidence that there is loitering adjacent to me premises. (2) A prominent, permanent sign or signs stating "NO OPFN ALCOPOLIC INER, ARE ALLOWED ON THESE PREMISES" shall be postea in o pace that is c early visible to patrons of the licensee. The size, Drmat, form, placement, and languages of the sign or signs shall be etermined by the department. This paragraph shall apply to a licensee �a �0 9 Ay upon written notice to the licensee from the department. The 2partrent shall issue this written notice only upon a request, from the _)cal law enforcement agency n wnoce )uris action a premises are 140 PL -,=P , "98i.RCD Octooer ib, 1994 rage o -o located, that is supported by substantial evidence that there is drinking in public adjacent to the premises. (3) No alcoholic beverages shall be consumed on the premises of an off -sale retail establishment, and no alcoholic beverages shall be consumed outside the edifice of an on -sale retail establishment. (4) The exterior of the premises, including adjacent public sidewalks and all parking lots under the control of the licensee, shall be illuminated during all hours of darkness during which the premises are open for business in a manner so that persons standing in those areas at night are identifiable by law enforcement personnel. However, the required illumination shall be placed so as to minimize interference with the quiet enjoyment of nearby residents of their property. (5) Litter shall be removed daily from the premises, including adjacent public sidewalks and all parking lots under the control of the licensee. These areas shall be swept or cleaned, either mechanically or manually, on a weekly basis to control debris. (6) Graffiti shall be removed from the premises and all parking lots =r the control of the licensee within 120 hours of application. (7) No more than 33 percent of the square footage of the windows and clear doors of an off -sale premises shall bear advertising or signs of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the axterior public sidewalk or entrance to the premises. However, this latter requirement shall not apply to premises where there are no windows, or where existing windows are located at a height that precludes a view of the interior of the premises to a person standing outside the premises. (8) Upon request of the local law enforcement agency in whose jurisdiction the licensed premises are located or at the discretion of the department, each public telephone located on off -sale premises (or located in an adjacent area under the control of the off -sale licensee) shall be equipped with devices or mechanisms that prevent persons from calling into that public telephone. (9) A copy of the applicable operating standards shall be available during normal business hours for viewing by the general public. SEC. S. No reimbursement is required by this act pursuant to c - =tion 6 of Article MID of the California Constitution because the y costs which may be incurred by a local agency or school district __11 be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. 110 a� END OF REPORT &• io ,8147 �L -_a7";�Y EL SEGUNDO CITY COUNCIL MEETING DATE: June 20, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: New Business -City Manager AGENDA DESCRIPTION: New Alcoholic Beverage Control (ABC) license for off -site consumption beer and wine sales (Type 20) at an existing Chevron gas station and mini -mart at 232 Main Street (corner of Main and Grand) Applicant Robert Chow, El Segundo Chevron RECOMMEND—ED COUNCIL ACTION- Determine whether or not the public convenience or necessity would be served by the issuance of the ABC license, thereby approving or denying the license BRIEF SUMMARY: At the April 4, 1995 City Council meeting the City Council directed staff to bring all ABC licenses to them for review The ABC regulations (Sections 23958 and 23958 4) of the Business and Professions Code require that in areas of "undue concentration ", for most uses, that the City Council determine that public convenience or necessity would be served by the issuance of the license, or the ABC cannot issue the license The existing gas station is not in an area of "undue concentration" due to the number of existing off -sale ABC licenses The ratio of off -sale retail licenses (4 licenses) to population does not exceed the County average (6 licenses) However, the Police Department has determined that there is "undue concentration" due to the number of reported crimes The ABC regulations define "undue concentration" as 20% greater number of reported crimes than the average of all reporting districts (RD's) in the City The existing gas station is located in RD #106 which has 171% greater number of reported crimes than the average The number of reported crimes is so high since the RD includes the Police Station and all arrests on warrant charges are counted in this RD, even though the crimes probably did not occur in the RD, or even in the City The majority of warrants are issued by jurisdictions other than the City of El Segundo for crimes that did not occur in the City of El Segundo If crime reporting at the Police Department was eliminated from this reporting district, there would not be an undue concentration in this district The City has not received formal notice of the ABC license application from the ABC However, the applicant has submitted an ABC zoning affidavit to staff, which is required as part of the ABC license application submittal The existing use is located in the Downtown Commercial (C -RS) zone which lists retail sales as a Permitted Use (20 31 020) The retail sales of alcohol for off -site consumption is considered as retail sales Neither Police or Planning and Building Safety have concerns with the new ABC license for the existing Chevron gas station The ABC runs complete background checks on applicants and they conduct a site inspection prior to issuing any type of license ATTACHED SUPPORTING DOCUMENTS: 1) ABC Zoning Affidavit 2) Memo from Tim Grimmond to Hyrum B Fedje, dated June 8, 1995 3) City of El Segundo ABC Licenses Counted Towards "Undue Concentration" Calculations - Prepared April 17, 1995 by Planning Division 4) 1994 ABC Crime and Arrest Statistics by Reporting District (RD) and RD Map - Prepared by the Police Records Division 5) Assembly Bill No 2897 - Business and Professions Code Section 23958 4 6) Assembly Bill No 2742 - Business and Professions Code Sections 23987, 24013, 24200 and 25612 5 FISCAL IMPAC (Check one) Operating Budget: Capital Improv, Budget: NONE Amount Requested: Project/Account Budget Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes_ No_ ORIGIN ED: Date: Hy B F Building Safety AWonnhiet of o e BY: Date: &- /y City Manager 111 PLA- / agendas \6 -20 -95 2 STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL ZONING AFFIDAVIT PREMISESADDRESS 3 M ►a, N ST ��e e 1 PARCEL NUMBER OF PROPERTY EEF E 3 5 C1 COUNTY A� S — � � - 0 1 CONTAVINO PLANNING DEPAR?I/ENT) TYPE O-FF LICENSE LICENSE y e— 2O 1 INFORMATION UPGRADEOF IND150M CURRENT LICENSE PRIVILEGES? YESNO fC- TYPE OF BUSINESS (La., RESTAURANT, MINIQARr. OAS SWON, ETC.) ' G f17L ENV" ON w T%1A YY\Ilt 1- ynm -;T-- Now ARE APPLICANT PREMI6E6 ZONED? 6119E TYPE p.a. 'C' COMMERCIAL, 'R' RESIDE AL, ETC.) GAS GoN*Ayy\ c-(Aff .. �S C) 'r UcI�N�) e DOESZONING PERMIT IN E USE? }{LAW �NR� t/ES ❑ NO ^M " Vf. CO S G — `n-Yr-- CAVI Co-�14c -1 vJ .s%-wrB 'Tt € g-)ar*r -TO 'R- Tf'nll 'L� - covY*\o\ CONDITIONAL USE PERMIT (C U P) NEEDED? E] YES 11NO PR1P ' f kQ Q �p y O � 4 \S MM y I-- Qu4°-L4a., I'm— 3c, sh ^ P z:fj 0'R (e4 'EA?Q a t_ Pcs�-g IF YES, DATE CONDITIONAL USE PERMIT APPLICATION FILED I► NAME OF PLANNER N NN DEPARTMENT ' �T)-0TIZ - -YV— 3VD 32z- `15,70 Under the penalty of perfury. I declare the information in this affidavit Is true to the best of my krawledge I acknowledge that any false or misleading information will constitute grounds for denial of the application for the license or if the license is Issued in reliance on infomratmn n this affidavit which u false or misleading. than such information wB constitute grounds for revocation of the license to Issued, APPUCANT'S SIGNATURE 7-0IIFi�� CktO IF APPROVED, EFFECTIVE DATE ❑ C U P APPROVED C U P DENIED FILE NUMBER 112 P'L-II-2" r,ttr a4f f &(2feywu& INTER - DEPARTMENTAL CORRESPONDENCE June 8, 1995 To. Hyrum Fedje, Director of Building Safety From- Tim Gnmmond, Chief of Police Subject ABC License 232 Main Street Pending review of the statistics by your staff the Police Department has no objections to the request by Mr. Chow to sell alcoholic beverages at the Chevron gas station at the above address. The City currently has two such establishments on Sepulveda Blvd at the Chevron and Mobil gas station/mini -marts To our knowledge these establishments have not experienced or created any problems. Tim Grimmond, Chief of Police 12. kzes By Captain Ron Green 9 113 PL-IT -3 CITY OF EL SEGUNDO ABC LICENSES COUNTED TOWARD "UNDUE CONCENTRATION' CALCULATIONS (Using 1990 Census Data) Census Tract 6200 6201 East of Sheldon West of Sheldon - North of El Segundo Blvd. Population 6796 8427 On-Sale 1:1020 1:1020 County Average 7 Licenses 8 Licenses On -Sale 1:485 1.421 El Segundo Ratio 14 Licenses 20 Licenses - "undue concentration" Off -Sale 1.1301 1:1301 County Average 6 Licenses 7 Licenses Off -Sale 1:1699 1:1405 El Segundo Ratio 4 Licenses 6 Licenses - no "undue concentration" (Any extra fraction of a license is rounded up) e 1 n C w w O ; • ✓O 9 � r O \ � t• ��. w� w 62.01 t i w.rr .. STMT-T .... w i .fW w • • .wr..• � rwr n Y..0 w... M � •..• w r...ww w n.t w E e W w i =ss .w. �... ■ to 0 • NI...M r y r i • ... YM ssti Ww rpm ..r.r.c r • r p � • �I' ^1� 1I�'7I1�In1'1n1' ..u.r • 1111111 1 �1 11 11 1 w w:'.:: f-si sie • • . • • t E€n:::::sa�::s:=s C� = =�1 CRT 01 MLIMMYC I.. let Ip=LCC C00T� ti Al ( 114 1 r PLTc—Y 1994 ABC CRIME AND ARREST STATISTICS BY REPORTING DISTRICT (RD) PART I CRIMES % ABOVE E2 &-ARRK= LYMM$ 001 83 32 002 35 -44 003 80 27 004 112 78 005 85 35 006 53 -16 007 124 97 008 61 -3 009 47 -25 010 135 115 011 215 242 012 29 -54 013 29 -54 014 37 -41 015 72 15 016 15 -76 017 3 -95 018 7 -89 019 6 -90 020 6 -90 021 12 -81 101 104 66 102 106 69 103 41 -35 104 110 75 105 83 32 106 170 171 107 5 -92 201 7 -89 301 5 -92 TOTAL 1883 Average number of Part I Crimes and Arrests per Reporting District - 62.8 115 p/ -zr -5 Y � A Q • O 2 A1N1100 S3130NW SOl Aq/ 3NYOHIM']N 10 A110 w 1 OAIa 00110 NY0 O) J 1 Ye3Yya W W 1 . 1 F F t J Y •t Z V )AY pil ' g Y W � Q = II II II I II I i x_ e • lJ ULJI�IL uu a M s J r d h OAl{ YOIat1At I ♦t h e ` ND pa h e Par' M.OI — • am 00x00311 G g r i �t 1• i OY A)lO0 2 W _L It MttM at U i at W e W d Q ^ Q O 0 OAIt IVLM]MI1Maa _ 0 Is Loodulvi 3T on 0 IA1 N]AIA43f 01Y SSA w ovo ®O N !f DNOO«I a NI I 11 TIONIIL 7M m oil O o to fold 3 �t is NOIDNINDDN ]M AftivTI y !T TYTMYY O O YIf13iNOd h ' 1G YINVOII I.J ]M "Iva U YOd11a f � is «00)YO )M ]ldwo a/ VOYA]II _ ]lo )Idl]Yd 10100100, lM 13Y0t1 1! Y)a «)0 001t/ 4 J li ONIIAYYII + W ®® W imunol3 z vlavo1 fil at uwol A Q < Loo �I ® aT .YY )If a N 10 ! "V 16 N«34 O O YY WixYlt O J a6 x0013.6 �y d _ of tN311Y ® wlu M w N U N lOG OYYONYIi ± + M l5 «Ito rd w to O !/ ONOMNiIY wtd e�% O� I� C(WD�� h ® ® 1/ OYOiM00 w 9 d : w a U �. Be aT .I «IDYIA O O r u Dxlal.w Q Y 15 USIA Vx01 Q 0 tea . • « Y + O if lf)YiIIIN o = 3 1 ] IIN <w • W i] W� *0 LL. N �Qi aft"" 3laaYaaa )Na team E�-F'g O J t W w N -- — - oos T ` D n 0 Of i LL W GPI+ d l 1 r o 'a 41 Z � 0 a < d u v > W 4 o H O W u CL < IT PL -11 -6 Assembly Bill No. 2897 An act to amend Section 23958 of, and to add Section x3958.4 to, the Business and Professions Code, relating to alcoholic beverages. IAP9rw.vd by Covwnw 19. HOL MW war! seereeey d state !Q 1996.1 LEGM ATME OOUNMS DIGEST AB 2wi, Caldera. Alcoholic beverages: retail licenses undue concentration. Existing law provides that the Department of Alcoholic Beverage Control may deny an application for a license if the issuance would, among other things, result in or add to an undue concentration of licenses, and the applicant fails to show that public convenience or necessity would be served by the issuance. Usting regulatory law defines "undue concentration" with regard to applications for on -sale and off -sale retail licenses This bill would instead require the Department of Alcoholic Beverage Control to deny an application if issumce would tend to create a law enforcement problem, or would result in or add to an undue concentration of licenses The bill would change the definition of undue concentration, and would provide that, notwithstanding the requirement that the department deny an application that would result in or add to an undue concentration of licenses, a license may be issued with respect to a nohretad license, a retail on -sale bona fide eating place Uomnse, a retail license issued for a hotel, motel, or other lodging esab)hbment as defined, a retail license issued in co;juochon with a beer manufaetsaer's license or a winegrower': lip, if the apphemt shows that p convenience or necessity would be served by the 3ssnanoa, and with respect to say other license, Y the loaf governing body of the area in which the applicant premiw are loaned determines that public convenience or necessity would be saved by the issuance. The people of the Sate of CaMbrnis do enact as fallowr SECTION 1. Section 23958 of the Business and Professions Code u amended to read. 23958. Upon receipt of an application for a license or for a transfer of a license and the applicable fee, the department shall make a thorough investigation to determine whether the applicant and the premises for whch a license is applied qualify for a license and whether the provisions of this division have been complied with, and shall investigate all mitten connected therewith which may affect the public welfare and morals. The department shall deny an 117 1 3 It I a 110 r - I OFS_A ]f Ch. 630 —2— application for a license or for a transfer of a license if either the applicant or the premises for which a license is applied do not qualify for a license under this division. The department further shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses. except as provided in Section 23956.4. SEC. 2. Section 23956.4 is added to the Business and Professions Code, to read 23958.4. (a) For purposes of Section 23958. "und ^concert tra_ means the applicant premises for an origraTor premises- to-premises transfer of any retail license are located in an area where any of the following conditions exist: (1) The applicant premises are located in a crime reporting drstnct that has a 20 z=nt ereater number of re as defined in subdivision (c), than the average number reported crimes as determined from all crime reporting districts within the junsdict3on of the local law enforcement agency. (2) As to on -sale retail license applications, the ratio of on -sale retail licenses topo�ul�>spII in the census !tact or census dwadon in which the app cant premises are located exceeds the ratio of on -sale premises are located (3) As to off -sale retail license applications, the ratio of off -sale retail licenses to 000u)ation_in the census tract or census on m which-the applicant pswaises are located exceeds the ratio of off -ale ale premises are tocated wm J (b) Notwithstanding Section 23956, the department may issue a license as follows: (1) With respect to a nonretafl license, a retail on -sale bona fide eating place license, a retail license isstsed for a hotel, motel, or other lodging establishment, as defined in subdivision (b) of Section 25503.16, a retail 8eense issued in coz mction with a beer manufacturer's license or a winegrowers license, ff served-by u shows that public convenience or necessity vAMM be the issuance. i2) With respect to any other license, ff the local governing body of the area in which the applicant premises are located determines that public convenience or necessity would be served by the issuance. ic) For purposes of this section, the following definitions shall apply: 11) "Reporting districts" means geographical areas within the boundaries of a single governmental entity (city or the uruncorporated area of a county) , that are identified by the local law enforcement agency in the compilation and maintenance of statrsucal information on reported crimes and arrests. 118 9+ too ' { PL 5 -3— C L 630 (2) "Reported crimes" means the most recent yearly eompilstion by the local law enforcement agency of reported o6ensem of criminal homicide, forcible rape, robbery, aggravated essanit, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanoz, except traffic citations. (3) "Population within the cenav: tract or census division" means the population as determined by the moat recent United States decennial or special census. The population determination shall not operate to prevent an applicant from establishing that an increase of resident population has occurred within the census tract or coma: divmon. (4) "Population in the county" shall be determined by the annual population estimate for California counties published by the Population Research Unit of the Department of Finance. (5) "Retail licenses" shall include the following: (A) Off -sale retail licenses: Type 20 (off -sale bear and wine) and Type 21 (off -sale general). (B) On -sale retail licenses All retail on-ale licenses. except Type 43 (on -sale beer and wine for train), Type 44 (on-sak beer and wine for fishing party boat), Type 45 (on -sale bear and wine for boat), Type 46 (on -sale bear and wine for airplane), Type 33 (on -sak general for train and sleeping car), Type 54 (on -sale general for boat), Type 55 (on -sale general for airplane), Type 56 (on -sale general for vessels of more than 1,000 tom burden), and Type 62 (on -sale general bona fide public eating place intaranittant dockdde license for vessels of more than 15,000 ton: displacement). (6) A "premises to premises tranafsr" refers to each license being separate and distinct and transferable upon • approval of the (d) For purposes of this secUM the number of retail "Comm in the county shall be determined by the mat recent year retail license count published by the department in its Procedure Manual. (0) The enactment of this section SW not aSact any auditing ri#yis of any holder of a retail Hamm issued prior to Aprg 29.129L whose premises were destroyed or rendered suable a a result of the civil disturbance occurring in Ion Angnks from April 29 to may 2. 1992, to reopen and operate thane liceunsed premdmes. (f) This section shall not apply where the premises have been licensed and operated with the same type license within 90 days of the application. M 119 54 nso 7.75 L -T -m, toL ZZ -p :8987.RCU October The 1994 rage o :n bill text, brackets have special meaning: [A> <A) contains added text, and [D> <D) contains deleted text. :alifornia 1993 -94 Regular Session nacted ASSEMBLY BILL No. 2742 CHAPTER 629 Lee An act to amend Sections 239678 24013, and 24200 of, and to add Section 25612.5 to, the Business and Professions Code, relating to alcoholic beverages. [Approved by Governor September 19, 1994. Filed with Secretary of State September 20, 1994.1 LEGISLATIVE COUNSELIS DIGEST AB 2742, Lee. Alcoholic beverages. i Existing law requires the Department of Alcoholic Beverage Control to notify the appropriate sheriff, chief of police, district attorney, and legislative body of an a lication li uor lice �, and prop a partment of Alcoholic Beverage con ro rom and or transferring a license until at least 30 days after these notices are provided. This bill would to also Or tde license or icense transfer application, and would allow any local law enforcement agency that is so notified to regM2 t en extension of the 30-day waiting period for a period not to ex an add ona 20 days. Existing law provides that license may be filed with the epa: as specified. Existing law permits determines to be false, vexatious, cause, and permits a protestant wh an accusation with the department, the is nan of a liquor rtment of Aloo o c Beverage control, the department to reject protests it or without reasonable or probable use protest has been rejected to file as specified. This bill would re ire a De artm icoholle Beverace Control, if, after nves gat on, t reco!;Hds at a license be issued o wi hstanding a protest by a public agency, a public official, or the governing body of a city or county, to notify the aaenev, official, or governing body in writing of its determinat and the reasons therefor, n conjunction -With -Vie notice of hearing p ovvided to the protestant, as specified. 0` Existing law establishes various matters, including a licensee's ro °f failure to take reasonable steps to correct a nuisance on the licensed premises or other immediate areas within a reasonable time after receipt of a notice pursuant to a specified statute, as grounds for the 1?() 136 i7f _ THRj PL -%:ip- AB987.RCD October 18, 1994 rage o -s suspension or revocation of a liquor license. This bill would, as provided, establish a licenseels failure, within a reasonable time after specified notice, to take reasonable steps to correct objectionable conditions that occur during business hours on any public sidewalk abutting a licensed premises, as an additional ground for revocation or suspension of a liquor license, except with respect to certain specified licenses. Existing law establishes certain regulatory requirements with respect to alcoholic beverages, and provides that the violation of any of those requirements shall be punished as a misdemeanor, unless otherwise provided. This bill would establish certain general operating standards that are applicable, as provided, to the licensed premises of certain retailers of alcoholic beverages, the violation of which would be punishable as a misdemeanor. By creating a new crime, this bill would establish a state - mandated local program. The California Constitution requires the state to reimburse local a pies and school districts for certain costs mandated by the state. st..L.utory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. The people of the State of California do enact as follows: SECTION 1. Section 23987 of the Business and Professions Code is amended to read: 23987. Up the t e tfie c t o on r in o enapplication any s or an application r any icense, written notice thereof, consisting of a copy of the application, shall i MWintely bewailed by the department to the sheriff, chie o o pnd district attorney of the locality in which the premises are situated, to the tit or , whoever has jurisdiction, the suuppeersvv sore of the county in which the premises are situated, if in m meerporat:ed territory, and to the city council or other governing body of the city in which the premises are situated, if within an incorporated area. leaS44No lice se et+wll be issued or transferred by the department until at 3c! after the selling by the department of the noti s reauired by this section. The department my extend the 30-daX period ified in the preceding sentence for a period er%a o o exce�edd an yi cionai 20 -days, upon the written request of any local law enforcement agency that states proper grounds for extension. Proper grounds for extension are limited to the requesting agency or official being in the process of preparing either a protest or proposed conditions with respect to the issuance or transfer of a license. SEC. 2. Section 24013 of the Business and Professions Code is amended to read: X21 24013. (a) protests MAX led t any office of the department at ens time a - I,.ir. ays from the f rst date of posting the notice of 13 r I) L - i -l� 3987.RCD UCZODer lb, 1994 rage o -i ttention to engage in the sale of alcoholic beverages at the premises, - within 30 days of the mailing of the notification pursuant to Section 3985.5, whichever is later. s WWWWWW (b) The de r act rotests exc a ablic a enc or public of! c a or pro es as a the governin c y or county, if it determines the protests are false, vexatious, r without reasonable or probable cause at any time before hearing zereon, notwithstanding Section 24016 or 24300. If�alt�e nvestiaaiion. the department recomsends that a cell nse fe issued o withstanding a protest by a c agency, a public official, or the overning body of a city or county, the de art t noti! the °per official, or governing body n rIr and he reasons therefor, in conjunction with the notice of hearing provided o the protestant pursuant to Section 11509 of the Government Code. he department rejects a protest as provided in this section and issues license a whose protest has been rejected thin O a. a s a er the issuance of the license, a an a w th the epartment alleging the grounds of protest as a cause for revocation of he license and the d earinq as provided in hapter 5 (commenc nq with Section 11500) of Pear -of Division 3 of itle 2 of the Government Code. smma SIMMEMS (c) Nothing in this section shall be construed as prohibiting or estricting any right which the individual making the protest might have o a judicial proceeding. SEC. 3. section 24200 of the Business and Professions Code is mended to read: 24200. The following are the grounds that constitute a basis for .he suspension or revocation of licenses: (a) when the continuance of a license would be contrary to public relfare or morals. However, proceedings under this subdivision are not a .imitation upon the department's authority to proceed under Section 22 rf Article XX of the California Constitution. (b) Except as limited by Chapter 11 (commencing with Section 24850) :nd Chapter 12 (commencing with Section 25000)0 the violation or the :musing or the permitting of a violation by a lioensee of this division, my rules of the board adopted pursuant to Part 14 (commencing with ;action 32001) of Division 2 of the Revenue and Taxation Code, or any -ales of the department adopted pursuant to the provisions of this tivision, or any other penal provisions of law of this state prohibiting m regulating the sale, exposing for sale, use, possession, giving away, adulteration, dilution, misbranding, or mislabeling of alcoholic >everages or intoxicating liquors. (c) The misrepresentation of a material fact by an applicant in >btaining a license. (d) The plea, verdict, or judgment of guilty, or the plea of polo :ontendere to any public offense involving moral turpitude or under any ederal law prohibiting or regulating the sale, exposing for sale, use, iossession, or giving away of alcoholic beverages or intoxicating 122 iauors or prohibiting the refilling or reuse of distilled spirits ontainers charged against the licensee. 138 ' , 101 6987.RCD OCLODer 18, 1994 rage 9-4 (e) Failure to take reasonable steps to correct objectionable onditions on the licensed premises, including the immediately adjacent rea that is owned, leased, or rented by the licensee, that constitute a uisance within a reasonable time after receipt of notice to make those orrections from a district attorney, city attorney, county counsel, or he department, under Section 373a of the Penal Code. For the purpose of his subdivision only, "property or premises." as used in Section 373a of he Penal Code includes the area immediately adjacent to the licensed remises that is owned, leased, or rented by the licensee. (f) Failure to take reasonable steps to correct objectionable ! onditions that occur during business hours on any public sidewalk Tutting a licensed premises and constitute a nuisance, within a -easonable time after receipt of notice to correct those conditions from .he department. This subdivision shall apply to a licensee only upon rritten notice to the licensee from the department. The department shall ssue this written notice upon its own determination, or upon a request rom the local law enforcement agency in whose jurisdiction the premises rE located, that is supported by substantial evidence that persistent .:tionable conditions are occurring on the public sidewalk abutting licensed premises. For purposes of this subdivision: (1) "Any public sidewalk abutting a licensed premises" means the )ublicly owned, pedestrian - traveled way, not more than 20 feet from the )remises, that is located between a licensed premises, including any immediately adjacent area that is owned, leased, or rented by the Licensee, and a public street. (2) "objectionable conditions that constitute a nuisance" means disturbance of the peace, public drunkenness, drinking in public, iarassment of passersby, gambling, prostitution, loitering public urination, lewd conduct, drug trafficking, or excessive loud noise. (3) "Reasonable steps" means all of the following: (A) Calling the local law enforcement agency. Timely calls to the local law enforcement agency that are placed by the licensee, or his or her agents or employees, shall not be construed by the department as evidence of objectionable conditions that constitute a nuisance. (B) Requesting those persons engaging in activities causing objectionable conditions to cease those activities, unless the licensee, or his or her agents or employees, feel that their personal safety would be threatened in making that request. (C) !taking good faith efforts to remove items that facilitate �.,_tering, such as furniture, except those structures approved or permitted by the local jurisdiction. The licensee shall not be liable for the removal of those items that facilitate loitering. (4) When determininq what constitutes "reasonable steps," the department shall consider site configuration constraints related to the unique circumstances of the nature of the business. (g) subdivision (f) shall not apply to a bona fide public eating place, as defined in Section 23038, that is so operated by a retail on -sale licensee; a hotel, r-otel, or similar lodging establishment, as "' 123 139 .+ 1PT. - - - .r 987.RCD October 18, 1994 Page 6 -* fined in subdivision (b) of Section 25503.16; a wine growers license; licensed beer manufacturer, as defined in Section 23357; those same or ntiquous premises for which a retail licensee concurrently holds an f -sale retail beer and wine license and a beer manufacturer's license; those same or contiguous premises at which an on -sale licensee who is censed as a bona fide public eating place as defined in Section 23038, hotel, motel, or similar lodging establishment as defined in bdivision (b) of Section 25503.16, a licensed beer manufacturer, as fined in Section 23357, or a wine growers license, sells off -sale beer 4 wine under the licenseests on -sale license. SEC. 4. Section 25612.5 is added to the Business and Professions )de, to read: 25612.5. (a) This section shall apply to licensees other than a !tail on -sale licensee who is licensed and operates as a bona fide iblic eating place, as defined in Section 23038, or as a hotel, motel, - similar lodging establishment, as defined in subdivision (b) of fiction 25503.16; a wine growers license; a licensed beer manufacturer, ; defined in Section 23357; a retail licensee who concurrently holds an `f -sale retail beer and wine license and a beer manufacturer "s license .)r those same or contiguous premises; and a retail on -sale licensee who licensed and operates as a bona fide public eating place, as defined Section 23038, or as a hotel, motel, or similar lodging ;tablishment, as defined in subdivision (b) of Section 25503.160 a icensed beer manufacturer, as defined in Section 23357, or a wine rowers license, who sells off -sale beer and wine under the on -sale icense on those same or contiguous premises. (b) The Legislature finds and declares that it is in the interest of he public health, safety, and welfare to adopt operating standards as et forth in this section for specified retail premises licensed by the epartaent. The standards not forth in this section are state standards hat do not preclude the adoption and implementation of more stringent oeal regulations that are otherwise authorized by law. (c) other than as provided in subdivision (a), each retail licensee hall comply with all of the following: (1),A prominent, permanent sign or signs stating *NO LOITERING IS UMM ON OR IN FRONT OF THESE PRMSES• shall be post6d % a Mace hat is clearly visible to patrons of the licensee. The size, format, orm, placement, and languages of the sign or, signs shall be determined V the department. This paragraph shall apply to a licensee only upon ritten notice to the licensee from the department. The department shall ssue this written notice only upon a request. from the local law nTorcement aqenr.Y in whoss77Mr=SdiaEYon the sea are ovate , that s su orted by substantial evidence that there is loitering adjacent to he premises. (2) A prominent, permanent sign or signs stating ENO OPEN A140P.?LIC EVP.BaGP._1��L�L►INER , ARE ALLOWED ON THESE PRMUSES• shall be postea in a lace that is cizarly visible to patrons of the licensee. The size, ormat, form, placement, and languages of the sign or signs shall be etermined by the department. This paragraph shall apply to a licensee my upon written notice to the licensee from the department. The epartaent shall issue this written notice one upon a request, from thd` 124 Kcal law enforccnent agency in whose iuris iction fhe Premises are fac ►y t ►1 7 6b987.kCp Octooer Ili, 19y4 rage o -o located, that is supported by substantial evidence that there is drinking in public adjacent to the premises. (3) No alcoholic beverages shall he consumed on the premises of an off -sale retail establishment, and no alcoholic beverages shall be consumed outside the edifice of an on -sale retail establishment. (4) The exterior of the premises, including adjacent public sidewalks and all parking lots under the control of the licensee, shall be illuminated during all hours of darkness during which the premises are open for business in a manner so that persons standing in those areas at night are identifiable by law enforcement personnel. However, the required illumination shall be placed so as to minimize interference with the quiet enjoyment of nearby residents of their property. (5) Litter shall be removed daily from the premises, including adjacent public sidewalks and all parking lots under the control of the licensee. These areas shall be swept or cleaned, either mechanically or manually, on a weekly basis to control debris. (6) Graffiti shall be removed from the premises and all parking lots =r the control of the licensee within 120 hours of application. (7) No more than 33 percent of the square footage of the windows and clear doors of an off -sale premises shall bear advertising or signs of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises. However, this latter requirement shall not apply to premises where there are no windows, or where existing windows are located at a height that precludes a view of the interior of the premises to a person standing outside the premises. (8) Upon request of the local law jurisdiction the licensed premises on the department, each public telephone located in an adjacent area under the shall be equipped with devices or nod calling into that public telephone. enforcement agency in whose i located or at the discretion of located an off -sale premises (or control of the off -sale licensee) %anisms that prevent persons from (9) A copy of the applicable operating standards shall be available during normal business hours for viewing by the general public. SEC. 5. No reimbursement is required by this act pursuant to e -ction 6 of Article XIIID of the California constitution because the y costs which may be incurred by a local agency or school district __11 be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. i► ]25 I v 14 f (� ri `_ �( 0L -ck-5 EL SEGUNDO CITY COUNCIL MEETING DATE: June 20, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: New Business -City Manager AGENDA DESCRIPTION: General Plan and Zoning Code quarterly update, discussion of issues raised by Planning Commission and City Council, and zoning requirements for Alcohol Beverage Control (ABC) licenses RECOMMENDED COUNCIL ACTION: Review and discuss the above items for possible action BRIEF SUMMARY: GENERAL PLAN At the November 17, 1992, City Council Meeting, staff was directed to provide the City Council with quarterly reports on the General Plan At the October 4, 1994 meeting, the City Council directed staff to prepare a General Plan Amendment to revise the non - conforming uses section to conform with the Zoning Code non - conforming use sections and to amend the Land Use Map to reflect the change in land use of Holly/Valley Park from Single - Family Residential to Open -Space Staff is currently preparing these revisions and will present them to the Planning Commission At several previous City Council meetings, the Council discussed revising the Floor Area Ratio (FAR) requirements for the Urban Mixed -Use land use designation and other major amendments to the Land Use and Circulation Elements These types of significant revisions would require the amendment of the General Plan Environmental Impact Report, a task which would require the use of outside consultants and the allocation of additional funds Staff was also directed to begin revisions to the Zoning Code to improve internal consistency and make other modifications which were needed to address omissions and recommendations from the Planning Commission and City Council since adoption of the Zoning Code in November 1993 Pursuant to this direction, the Planning Commission held a public workshop on February 23, 1995 to review draft revisions to various sections of the Zoning Code The revisions affect both residential and nonresidential zones, as well as other sections such as Definitions and Off - street Parking and Loading Spaces Special attention has been given to revise the requirements for certain residential care facilities for which local zoning is preempted by State law The Zoning Map will also be amended to change Holly/Valley Park from Single -Family Residential (R -1) Zone to Open -Space (O -S) Zone The O -S Zoning for a portion of Chevron's Blue Butterfly Preserve just east of Loma Vista Street at Binder Place will be extending approximately 30 feet farther to the north to reflect the actual size of the property The draft Zoning Code revisions from the February 23, 1995 Planning Commission workshop, which were previously distributed to the City Council, are also attached to the report. Although this is not a workshop or a public hearings on these revisions, the packet has been provided for the Council's information The next quarterly update of General Plan and Zoning Code issues will take place in September 1995 Continued on next page ATTACHED SUPPORTING DOCUMENTS: Encroachment Line illustration Illustration of Current Zoning Code Parking Regulations Draft Zoning Code Revisions, February 23, 1995 Letter from Timothy Cremin, Burke, Williams & Sorensen, Regarding Options of City to Regulate Alcohol Use - Dated June 9, 1995 FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: Unknown General Plan Amount Requested: and Zoning Map ProjecVAccount Budget: amendment costs ProjectfAccount Balance: Date: Account Number: Project Phase: Appropriation Required - Yes_ No_ ORIGI AT Date: o� 9 Hy B Fedje, Director of Pla ng and Building Safety Jarrlds W Morrison, City Manager ACTION TAKEN: PL -z - 126 from the Commission's fri Commission u ling the Zoning Code sections based on theb February 23, 1995 Planning requiring e requirementsI dental Staff is +n the process rk hop T suggested revisions from acy Parking sP8C8s, 1995 workshop The main sb9 ding wall modulation, commercial landscap February 23, wall height, Hollow, requirements for comp P workshop relate to definitions, fo procedures hborhoods" in which Administrative Use Permits Peal alcohol sales in SrnO sign requirements, on "Maximization" and 'Livable ese Include the following' estions for revisions to the Zoning Code Commission has also held other workshops 30o angle, The Planning specific sugg toward the Property at a they have made additional sp le in line in R•1 and R -2 Zones.l Zone Requiring the side and rear yard setback lines und at the Property 1 ent line ", starting 6 feet above the g units over detached garages located in the rear 113 of the lot in the - Encroachment 1 and R -2 Zones 1 and R 2 Zones 2 Allowing second dwelling u driveway width and size in the e- in front yard setbacks +n the R 3 Establishing maximum sottscaP) ro erty line than the front of the 4 Requiring a minimum amount of landscaping and look at other options that front living spaces m a house extend closer to the front p 5 Requiting 2 zones as an alternative to #1 above, garage in R -1 and R wall modulation or keep 25 wide lots 6 Possibly eliminate budding +n R -1 and R -2 zones zoned areas which are characterized Y possibly develop a Specific Plan for the R-2 7 Hollow Speic Plan to allow for transitional uses or denser residential use Possibly amend the Sm°ky sand 6 districts adjacent to Grand Avenue the Planning in the overlay suggestions #1-6 from their two latest workshop Commissions Code for review by ro riate modifications into the Zoning roducts that should be Pursued Items #7 & 6 would require the use of outside consultants an an Staff requests that Council review,,, the Planning term work p the public hearing process are more long should be pursued. provide director to staff to inclu the appropriate Commission during of funds Staff feels these 'ten clarification Staff additional allocation Progress, rf the Council determines that t eY for which staff is requesting parking space separately from the current revisions in P Code changes, residential p several 7OnIng parking spaces from 6 5' to 9' Currently, pa stalls stall widths for The City Council has also adhr req�lred width of P r garage wails and there are different t pa stalls are currently arking spaces Outside has been directed f om the respectively) Standard size commercial P width is measured from the out 9a and 8 51Ons of the 9 painted stripe separating two P R 1 R 2, and R•3 uses ( nests that the Counc +should the awidt ebe wide, measured from thaws gee unencliosed Sta king spaces Additionally, ercial required to bee 5' erc+al p 1 to residential as well as conxnarking space and should the width for both co dimensions are not used because the spaces width is intended to app Y but further direction measured from the inside or outside dimensions of the P and residential parking spaces be measured in the same way lots per Council's direction, in in parking The current standards for all commercial cared landscap 9 Uested parking encroachments, in might be appropnate is requested Staff will also revise the amount o required areas, landscaped setbacks with all °wed W111 not affect existing as to what amount of lands o of surface parking increase m development' require landscaping s The proposed ct new develop zones r5, landscaped Perimeter around budding but would only imps and a 5' non - conforming, parking lots, which would become review AD" "95-1-a NSA all ABC licenses to them for the City alcohol be reviewed and approved by 1995 City Council meeting+ the City Council directed staff to bang rove all businesses that sell At the April 4, Code to requjra that all businesses selling Council to app endation from the and to amend the Zoning require a process with revew and recorr+m to the City Council The City Attorney has advised staff that t order for the City then the final dec+s,on will be up Code will need to be rev+sea d Building Safety, alcohol, the Zoning provisions for businesses which sell alcohol, the current an Planning Commission or Director of Planning p nr bu for City Council app council The following Ot. rocs the existing plications and the Possibilities potential time frames for processing app ai W" SAI Conditional Continued on next Page 127 Administrative Use Permit Use Permit Permitted Zone ses— on-Site Alcohol at 620r31 040 A RetadlRestaurand Restaurants CRS 20 31 020 A H 20 31 030 A On -Site Alcohol at Bars 20 32 040 A Retail/Restaurants Restaurants 0-2 20 32 020 A and D 20 32 030 A On -Site Alcohol at Bars PO 33 040 A Reta+IlRestaurents Restaurants C -3 20 33 020 A and G 20 33 030 A Continued on next Page 127 Administrative Conditional Permitted Use Permit Use Permit Zone Uses (AUP) (CUP) CO Restaurants/Limited Support On -Site Alcohol at Bars Retail - (Accessory) Restaurants 20 34 040 A 20 34 020 E 20 34 030 A 20 34 025 C MU Retail /Restaurants On -Site Alcohol at Bars 20 36 020 G and H Restaurants 20 36 040 A 20 36 030 A M -1 Restaurants On -Site Alcohol at Bars Not Listed 20 40 020 1 Restaurants 20 40 030 A M -2 Restaurants- (Accessory) On -Site Alcohol at Bars Not Listed 20 41 025 B Restaurants 20 41 030 A SB R e s t a u r a n t / R e t a i l- No AUP Section Bars Not Listed (Accessory) 20 42 020 F 20 42 025 F MM R e s t a u r a n t / R e t a i l- No AUP Section Bars Not Listed (Accessory) 20 43 020 F 20 43 025 D Current Over- the - Counter 2 -4 weeks 2% - 3 Months Processing After Complete Time Potential None Retail/ Restaurants Bars Processing 5 -7 Weeks 3Ys - 41/2 Months Time After Complete Where retail sales are listed as a permitted use, the Zoning Code allows the sale of alcohol, for off -site consumption, at a grocery store, liquor store or other retail business Retail uses, as permitted uses in the Zoning Code, are approved over - the - counter with a business license that the Planning Division reviews and approves The sale of alcohol for on -site consumption at restaurants generally requires an AUP. AUPs, in accordance with Sections 20 72 030 thru 20 72 070 of the El Segundo Municipal Code, are processed in approximately 2 -4 weeks The decision on an AUP is determined by the Director of Planning and Building Safety (20 72 040) and this determination is received and filed by the Planning Commission who can request a public hearing If a public hearing is requested the process would take approximately an additional 4 weeks, due to the notification requirements of Chapter 20 90 The Planning Commission decision to receive and file can be appealed to the City Council (20 72 040 and 20 82) Bars require a CUP in all commercial zones which is a 2Y2-3 month process a tE an application is deemed complete Often applicants submit incomplete, inaccurate and conflicting information with the application and it takes several months for an application to be deemed complete The CUP process (Chapter 20 74) requires a public hearing before the Planning Commission, who is the decision making body (Sections 20 74 080 - 20 74 110) However, the Planning Commission decision may be appealed to the City Council (Sections 20 74 110 - 20 74 150) The least time consuming processes, which would provide for City Council approval of all alcohol sales, would be for retail sales of alcohol for off -site consumption and alcohol sales at restaurants to require an AUP This determination could still be made by the Director of Planning and Building Safety and received and filed with the City Council instead of the Planning Commission This revision would increase the time to process applications by approximately 3 -5 weeks, for a total processing time of 5 -7 weeks CUPS for bars, with a recommendation from the Planning Commission and approval by the City Council, would increase the time to process applications by approximately 4 -6 weeks, for a total processing time of 3Y2-4Y2 months, after an application is deemed complete update4l gp 128 PL Z-3 ENCROACHMENT LINE The aide setbacks may be regulated with a 90 degree encroachment line which would be drawn from 6 feet above the side property line through which the house could not protrude. "' ` 129 9�- -I -`I PAINTED STRIPE (DOUBLE LINE) CURRENT ZONING CODE PARKING REGULATIONS SECTION 20.54.050 R -3 = 17' R -2 = 18' R -1 = 20' RESIDENTIAL GARAGE WIDTH OUTSIDE DIMENSIONS 8.5' ; 8.5' ; 8.5' ! 8.5' COMMERCIAL PARKING STALL WIDTH OVERALL DIMENSIONS PAI STRIPE W 130 PL -T- 5 ZONING CODE SECTIONS FOR AMENDMENT FEBRUARY 23, 1995 TABLE OF CONTENTS Chapter Page 19.04 SUBDIVISIONS 1 19.08 VESTING TENTATIVE MAPS 13 19.12 MERGER OF PARCELS 16 19.16 LOT LINE ADJUSTMENTS ... 21 1920 WAIVER OF PARCEL MAP 23 2004 20.08 20.12 2016 2018 20.19 2020 2021 2022 20.24 20.30 20.31 20.32 2033 2034 2036 2040 20.41 2042 2043 2044 2045 2046 2052 20.54 2055 20.56 20.58 2060 2070 2072 2074 2078 2082 2086 2090 2092 2097 2098 TITLE - INTERPRETATION .. .... DEFINITIONS .... GENERAL PROVISIONS ZONES AND USES OPEN SPACE (O -S) ZONE AUTOMOBILE PARKING (P) ZONE . . RESIDENTIAL (R-1) ZONE . . . PLANNED RESIDENTIAL DEVELOPMENT (PRD) ZONE TWO - FAMILY RESIDENTIAL (R -2) ZONE ..... MULTI - FAMILY RESIDENTIAL (R -3) ZONE PUBLIC FACILITIES (P -F) ZONE . . DOWNTOWN COMMERCIAL (C -RS) ZONE . . NEIGHBORHOOD COMMERCIAL (C -2) ZONE. GENERAL COMMERCIAL (C -3) ZONE . CORPORATE OFFICE (CO) ZONE URBAN MIXED -USE (MU) ZONE . LIGHT INDUSTRIAL (M -1) ZONE HEAVY INDUSTRIAL (M -2) ZONE SMALL BUSINESS (SB) ZONE MEDIUM MANUFACTURING (MM) ZONE GRAND AVENUE COMMERCIAL (GAC) ZONE MEDIUM DENSITY (MDR) RESIDENTIAL ZONE SMOKY HOLLOW SPECIFIC PLAN . .... HISTORIC PRESERVATION . ... . .... ... OFF - STREET PARKING AND LOADING SPACES . DEVELOPER TRANSPORTATION DEMAND MANAGEMENT(TDM) EMPLOYER OCCUPANT TRANSPORTATION gVCTRMq MAWA(1F.MF.NT SOUND TRANSMISSION CONTROL SIGNS .. . . .. .... . NONCONFORMING BUILDINGS AND USES ADMINISTRATIVE DETERMINATIONS VARIANCE AND CONDITIONAL USE PERMIT. ADJUSTMENTS APPEAL OR REVIEW .. ..... AMENDMENTS .. PROCEDURES FOR HEARINGS, NOTICES AND FEES COASTAL ZONE DEVELOPMENT PROCEDURES AUTHORITY TO INSPECT PENALTY 1-CM3 av 51-Lo [Tin 19 04.060 FINDINGS FOR DENIAL 1 2 47 54 57 60 62 70 73 78 86 89 95 101 107 113 120 127 133 139 146 151 156 233 242 257 261 265 280 290 294 296 302 304 306 309 312 316 317 The Planning Commission shall deny approval of a tentative map, vesting tentative map or a parcel map for which a tentative map was not required, if 1 µ " 131 PL -I-6 it makes any of the following findings consistent with Section 66#974 of the California Government Code A That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451 of the California Gov- ernment Code B That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. C That the site is not physically suitable for the type of development. D That the site is not physically suitable for the proposed density of development E That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. F That the design of the subdivision or type of improvements are likely to cause serious public health problems G That the design of the subdivision or type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision 19.04 150 EXPIRATION OF TENTATIVE MAP APPROVAL A. Expiration- The approval or conditional approval of a tentative map or tentative parcel map shall expire 36 months from the date the map was approved or conditionally approved B. Extension The person filing the tentative map may request an extension of an approved tentative map by filing a written application with the Director of Planning and Building Safety, prior to the date of expiration. The application shall state the reasons for requesting the extension. Said extension request shall be approved or denied by the Planning Commission C Time Linut on Extensions Each extension of tentative map approval or conditional approval shall be allowed for a maximum of 1 ear from the original anmvers a� roval date. �*'y,��WWOW11 WW /;W/ �e ultimate len h of the extension shall be consistent with the $B � G Gede and SB428. D. Effect of Map Modification on Extension. Modifications of a tentative map after approval or conditional approval shall not extend the time limits imposed by this section CHAPTER 19.16 LOT LINE ADJUSTMENTS 19 16.020 FILING PROCEDURES AND DOCUMENTATION A. Filing Request All requests for a lot line adjustment shall be filed with the Director of Planning and Building Safety on an approved City application form B. Filing Documentation A lot line adjustment request shall include the required number of copies of the following materials: Grant deeds and/or title report for all properties, A legal description of each existing and new lot/parcel to be 2 nvf 132 p/, -r - I created, 3. A plat map or maps displaying each i,, „, ;` � i, new lot or parcel, 4 City application forms; and, 5 Processing fees. 19.16.030 PROCESSING PROCEDURES A. Once an application has been deemed accepted for filing, the Director of Planning and Building Safety shall distribute the lot line ad, tment request for review and comment tomw the city s B. Within 30 days of accepting the application as complete, the Director of Planning and Building Safety shall approve, approve with conditions or disapprove the lot line adjustment C. Upon approval or conditional approval of the lot line adjustment, the Director of Planning and Building Safety shall issue a Certificate of Compliance indicating the City's acceptance and approval of the request. D. The applicant shall have a new grant deed recorded which reflects the approved lot line adjustment and provide the City with a copy E A record of survey shall not be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code N 0 Y-P _ 1 1Z!� �J _ Sections 20 04 010 PURPOSE -TITLE 20 04 020 INTERPRETATION. 20 04.030 PERMISSIVE ORDINANCE 20 04.040 ENFORCEMENT 20 04.010 PURPOSE - TITLE. A precise land use plan for the city is hereby adopted and established 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 This 3 1 133 PL z -S Sections ALLEY. 20 08 010 DEFINITIONS 20 08 015 ABUTTING(ABUTTING PROPERTY. 20.08.020 ACCESSORY 20.08 025 ADULT BOOKSTORE. ADULT 29.98980 20 08.035 BUSRiESS ADULT CABARET 20 08 040 ADULT MINI - MOTION PICTURE THEATER. 20 08 045 ADULT MOTION PICTURE THEATER. 20 08 050 (ADULT RELATED) NUDE MODEL STUDIO. 20.08.055 (ADULT RELATED) NUDITY. 20 08 060 (ADULT RELATED) SEXUAL ENCOUNTER/RAP CENTER 20 08 065 (ADULT RELATED) SEXUALLY ORIENTED BUSINESS. 20.08.070 (ADULT RELATED) SEXUAL NOVELTY STORE. 20.08.075 (ADULT RELATED) SPECIFIED ANATOMICAL AREAS. 20 08 080 (ADULT RELATED) SPECIFIED SEXUAL ACTIVITIES 20 08 085 ADULT VIDEO OR ARCADE STORES. 20 08 090 ADVERTISING DISPLAY. 20 08 095 ADVERTISING STRUCTURE 20 08 100 AGGRIEVED PERSON. 20 08 105 ALLEY. 20 08 110 ALTERATION 20.08.115 ALTERNATE TRANSPORTATION 20 08.120 AMENDMENT 20 08 125 AMENITIES. 20 08 130 APARTMENT 20 08.135 APPEALABLE AREA 20 08 140 APPLICABLE DEVELOPMENT. 2008145 ARCADE/VIDEO ESTABLISHMENT. 20 08 150 AUTOMOBILE DISMANTLING. 20 08 155 AVERAGE VEHICLE RIDERSHIP 20.08.160 BASEMENT 20 08 165 BAY WINDOW 2008170 BLOCK ii9ARDING 1194cTS 20 08 i7s 20.08180 BUILDING 20 08 185 BUILDING HEIGHT. 20 08.190 BUILDING, MAIN. 2008195 BUILDING SITE. 20 08.200 BUSINESS 20 08.205 BUSPOOL. 20.08.210 THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. 20 08 215 CARPOOL. 20 08 220 CERTIFICATE OF APPROPRIATENESS. 20 08 225 CERTIFICATE OF OCCUPANCY 20 08.230 CHARITABLE INSTITUTION. 20 08 235 CHURCH 20 08 240 CLUB 20 08 245 CNEL 20.08.250 COMMISSION. 20 08 255 COASTAL ZONE 20 08.260 COMMUTER MATCHING SERVICE. 20 08.265 CONDOMINIUM. 2008270 CONS`1'RUCTION 20 08 275 CONSTRUCTION YARD 20 08 280 COURT 20 08 285 CULTURAL RESOURCE 20 08 290 DAY CARE, LARGE FAMILY 20 08 295 DAY CARE, SMALL FAMILY 20 08 300 DAY 20 08 305 dB. 4 134 PL-z -9 20.08 310 DEMOLITION 20 08 315 DESIGNATED CULTURAL RESOURCE 20.08.320 DEVELOPER 20.08 325 DEVELOPMENT. 20.08 330 DISPLAY SURFACE 20 08 335 DRIVE -THRU OR FAST FOOD RESTAURANT 20 08.340 DWELLING. 20 08 345 DWELLING, MULTIPLE FAMILY 20 08 350 DWELLING, SINGLE FAMILY. 20 08.355 DWELLING, TWO FAMILY 20.08 360 DWELLING UNIT. 20 08 365 EMPLOYEE PARKING AREA 20 08 370 EMPLOYEE TRANSPORTATION COORDINATOR. 20 08 375 ENTERTAINMENT (LIVE) 20 08 380 ERECTED. 20 08 385 ESCORT. 20.08 390 ESCORT AGENCY. 20 08.395 EXTERIOR ARCHITECTURAL FEATURE. 20 08 400 FAA 20 08 410 FLAG 20.08 515 20 08 415 FLOOR AREA 20.08 420 FLOOR AREA (NET) ww�jjjwffA„Aiw1 20 08 425 FREEWAY 20 08 430 FREIGHT FORWARDING. 20 08.435 GRADE 20 08 440 GROUP R BUILDINGS 20 08 445 GUEST HOUSE OR ACCESSORY LIVING QUARTERS. 20 08 450 HABITABLE VEHICLE 20 08 455 HAZARDOUS WASTE MANAGEMENT FACILITIES (OFF - SITE). 20 08 460 HEAVY MANUFACTURING 20 08 465 HELICOPTER LANDING FACILITY (HELISTOP). 20.08 470 HIGH OCCUPANCY VEHICLE 20 08 475 HISTORIC DISTRICT. 20.08.480 HISTORIC SITE. 20 08 485 HOME OCCUPATION 20 08 490 HOTEL 20.08.500 KENNEL 20 08 505 KITCHEN. 20.08 510 LIGHT ASSEMBLY AND PROCESSING 20.08 515 LIGHT INDUSTRIAL #wo%�� 20.08 520 LOT. 20 08 525 LOT AREA 20 08 530 LOT, CORNER 20 08.535 LOT COVERAGE. 20 08.540 LOT DEPTH 20 08 545 LOT, INTERIOR 20 08 550 LOT LINE, FRONT 20 08 555 LOT LINE, REAR 20 08 560 LOT LINE, SIDE. 20.08.565 LOT LINE, STREET SIDE 20 08 570 LOT, REVERSED CORNER 20 08 575 LOT, THROUGH 20 08.580 LOT WIDTH 20 08 585 MANUFACTURING 135 20 08.590 MASSAGE ESTABLISHMENT. W1111 20 08 595 MINI -MART. 20.08.600 MOBILE HOME. 20.08.605 MOBILE HOME PARK. 20 08.610 MOTEL. 20 08 615 OFFICES, GENERAL. 20.08.620 OFFICE, MEDICAL - DENTAL 20 08 625 OUTDOOR ADVERTISING DISPLAY 20 08 630 OUTDOOR ADVERTISING STRUCTURE 20.08 635 PENNANT. 20 08.640 PLAYHOUSE 20.08.645 PREFERENTIAL PARKING 20 08 650 PRESERVATION 20 08 655 PROPERTY OWNER 20.08.660 PUBLIC WORKS PROJECT 20 08 665 RECREATIONAL VEHICLE 20 08.670 RELOCATION 20 08 675 RESEARCH AND DEVELOPMENT. 20 08 680 REST HOME, CONVALESCENT HOME OR fflj* 6UFF4LHOME 20.08.685 RESTORATION 20 08 690 RIDESHARING 20 08 695 ROOF. 20.08 700 SCHOOLS, ELEMENTARY, JUNIOR HIGH AND HIGH 20.08.705 SENIOR CITIZEN HOUSING. 20 08 710 SERVICE STATION 20 08 715 SETBACK, 20.08 720 SIGN(S) 20 08 725 SIGN, ANIMATED. 20 08 730 SIGN, BANNER 20 08 735 SIGN, BEACON 20 08 740 SIGN, BILLBOARD 20 08 745 SIGN, BUILDING 20.08.750 SIGN, BUILDING MARKER. 20 08 755 SIGN, CANOPY 20 08 760 SIGN, FIN 20.08 765 SIGN, GROUND. 20 08.770 SIGN, MARQUEE. 20 08 775 SIGN, MONUMENT. 20.08 780 SIGN, POLE OR FREESTANDING 20 08.785 SIGN, PORTABLE 20 08 790 SIGN, PROJECTING. 20.08.795 SIGN, ROOF 20 08 800 SIGN, TEMPORARY 20 08 805 SIGN, WALL. 20 08.810 SIGN, WINDOW. 20 08 815 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD) 20 08.820 SPACE 20 08.825 STORY. 20 08 830 STORY, FIRST. 20.08 835 STREET. 20 08 840 STREET LINE 20.08 845 STREET, SIDE 20 08 850 STRUCTURAL ALTERATIONS 20 08 855 STRUCTURE 20.08 860 TENANT. 20.08 865 THEATER 20 08 870 TRANSIT 20 08 875 TRANSIT SUPPORT FACILITIES 20 08 880 TRANSPORTATION DEMAND MANAGEMENT. 20 08 885 TRIP REDUCTION. 6 136 Pj- -z -11 20.08 890 UNDERGROUND PARKING FACILITIES 20 08.895 USE 20.08 900 VACANCY. 20 08 905 VANPOOL 20.08.910 VEHICLE 20 08 915 WAREHOUSING AND DISTRIBUTION 20 08 920 WASTE. 20.08.925 WORK 20 08.930 YARD. 20 08 935 YARD, FRONT 20 08.940 YARD, REAR 20 08.945 YARD, REAR LINE OF REQUIRED FRONT. 20 08 950 YARD, SIDE. 20 08 020 ACCESSORY "Accessory' means a building, part of a building or structure, or use which is subordinate to and the use of which is incidental to that of the main building, structure or use on the same lot If an accessory building is attached to the main building by a common wall or tF the roof of the seeessery bti2lding is ft eenttnuatian of the roof of the mftin butleling and 29 w2der then 6 feet, then the accessory building shall be considered a part of the main building 20.08 065 (ADULT RELATED) SEXUALLY ORIENTED BUSINESS. "Sexually oriented business" means an adult arcades adult bookstore or adult video store adult cabaret adult motel / adult motion picture theater, "adult" theater, i escort agency, nude model studio, or sexual encounte center 20.08105 ALLEY 20.08.300 "All " means any public way or thoroughfare more than 10 feet,/ less than 20 feet in width, which has been dedicated or deeded to the public for public use. ,va�iu "Day � %Wg"," means any type of group day care programs, 137 Pl- __ -ra Every required yard shall be open and unobstructed from the ground up, except the following intrusions may project 2 feet into required yards, provided the required s2de yards shall not be reduced to less than 3 feet in width• A Cornices, belt courses, sills, eaves or similar architectural features It is further provided, however, that eaves may project 6 inches into any side yard which is required to have 3 feet in width; B. Fireplace structures not wider than 8 feet measured in the general direction of the wall of which it is apart, C. Uncovered porches and platforms which do not extend above the floor level of the first floor, D Planting boxes or masonry planters not exceeding 42 inches in height, E Guard railing for safety protection around ramps, F conditio not wider than 8 feet measured in the general direction of the wall of which it is a part, and adequately soundproofed, G Bay windows or greerAtettse windows; and, H Second -story balconies 2012.080 SCREENING. Facilities or equipment shall be screened in the following manner A All electrical, telephone, CATV and similar service wires and cables which provide direct service to the property being developed, within the exterior boundary lines of such property, shall be installed underground. Risers on poles and buildings are permitted and shall be provided by the developer or owner onto the pole which provides service to said property Utility service poles may be placed on the rear of the property to be developed only for the purpose of terminating underground facilities The developer or owner is responsible for complying with the requirements of this section and shall make the necessary arrangements with the utility companies for the installation of such facilities B. Appurtenances and associated equipment such as, but not limited to, surface- mounted transformers, pedestal - mounted terminal boxes and meter cabinets, sprinkler manifolds and concealed ducts in an underground system may be placed above ground, provided such appurtenances and associated equipment are screened fromwAlview or ° � �° a full enclosed structure. All vent pipes �� F��.�� Y P P and similar devices which are attached to the building shall be painted to match the building. C. Mechanical equipment installed on rooftops shall be painted to match the building / The height of said screening shall be the maximum height of said equipment D Storage areas includin those for cartons containers and trash, shall be provided and shielded from v2ew within the butiding or, as in 12 .. 142 G/- -z -/I 20.12.140 DRIVEWAY VISIBILITY To provide visibility for pedestrians and driers, a visibility triangle shall be formed along each side of the driveway Within this area structures and landsca mg, including fences and walls, shall not be allowed to exceed 3'h feet , in height, unless it is a tree which is trimmed to provide a minimum of feet of visibility under the canopy created by the branches. The triangular area shall be located adjacent to, but outside the driveway area and be described as follows One angle shall be formed by the intersection of the driveway and the property lined the sides of which shall be 10 feet in length The third side of this triangle shall be a straight line connecting the two aforementioned points. M 1 1_ A: 20 16 010 DESIGNATION OF ZONE NAMES. In order to classify, regulate, restrict and segregate the uses of lands and buildings, to regulate and restrict the height and bulk of buildings, to regulate the area of yards and other open spaces about buildings and to regulate the density of population, the classes of use zones are by this title established, to be known as follows R -1 - Single Family Residential Zone R -2 - Two Family Residential Zone R -3 - Multi - Family Residential Zone MDR - Medium Density Residential Zone P - Automobile Parking Zone C -RS - Downtown Commercial Zone C -2 - Neighborhood Commercial Zone C -3 - General Commercial Zone. GAC - Grand Avenue Commercial Zone CO - Corporate Office Zone MU - Urban Mixed -Use Zone M -1 - Light �14aem€aeturittg Zone M -2 - Heavy , ,, „, ,,, ;,� Zone SB - Small Business Zone MM - Medium Manufacturing Zone. O-S_ Open Space Zone P -F - Public Facilities Zone PRD - Planned Residential Development Zone. CHAPTER 20.18 OPEN SPACE (0-S) 2018070 Landscaping shall conform to Chapter 13 05, Water Conserving Landscaping. CILAFTER 20.19 AIMMOBILM EARRING (P) ZONE 2019070 total vehicular use area shall be 14 144 PL T -f 9 CHAPTER 20 .20 -... d;,:i =f �.��.�. �;:;.`. !z RESIDENTIAL Is ZONE 20.20020 The following uses are permitted in the R -1 Zone: A One family dwellings, provided that where a dwelling containing 700 square feet or less exists on the rear portion of the lot and was placed thereon prior to, or for which a building permit was issued prior to December 26, 1947, in conformance to the requirements of Ordinance No. 293 of this Deity, and no adelitions or ettlargement-s a second one family dwelling may be erected on the front portion of the lot, whereupon the dwelling on the rear portion of the lot shall assume the status of a nonconformin use as defined hereinV 0 B. Parks, playgrounds, recreational areas (publicly owned and operated) but excluding ball parks, bleachers, swimming pools or other types of facilities where racing or contests are conducted or public amusement devices for hire; C The renting of not more than two rooms, Wi.�� WAW in the main building to not more than four persons ,or D. The keeping of animals and pets in accordance with Chapter 8 02, Animal Regulations; E A State authorized, certified or licensed family care home, foster MW home, or group home serving six or fewer children, on it 24 hour a day bfts2s; W,�F. Home occupations; G. Small family day care homes; 1- Two - family dwellings, when the side lot line forms a common boundary with a lot or lots zoned for R -3, P, C -RS, C -2, C -3, CO, or MU In no case shall the property used for the two - family dwelling consist of more than one lot nor be more than 50 feet in width; Maintaining mail address for commercial and business license purposes only, provided that 1 No stock in trade, supplies, professional equipment, apparatus or business equipment are kept on the premises, and, 2 That no employees or assistants in connection therewith are engaged for services on the premises One mobile home subject to the following- The mobile home shall not be permitted unless it has been certified pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, and has not 15 145 PL -= - XD been altered in violation of applicable codes, and, 2. The mobile home shall be installed on a permanent foundation in compliance with all applicable building regulations and Title 25 of the California Health and Safety Code Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations 20 20 025 PERMITTED ACCESSORY USES. A. Accessory buildings and structures, including private garages, L:3 Any accessory building or combination of accessory buildings, except the garage, shall not be larger in gross floor area than 600 square .............................. ............ Accessory buildings shall not contain a kitchen or kitchen facilities, a bathtub or shower and shall not be rented or used as a separate dwelling, C Playhouses, and, D Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20 72, Administrative Determinations 20 20 030 LARGE FAMILY DAY CARE FACILITIES All Large Family Day Care facilities must comply with the following provisions for a Large Family Day Care Permit A Applications for Large Family Day Care Permits shall be submitted to the Director of Planning and Building Safety, by a property owner or an applicant with the consent of the owner(s); B At least 10 days prior to the date on which the Director of Planning and Building Safety will make a decision on the application, the Department of Planning and Building Safety shall give written notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a 100 -foot radius of the exterior boundaries of the proposed facility, the owner of the subject property and the project applicant, C. No public hearing shall be held before a decision is made on the application unless a hearing before the ; fJf SAY Geeneil is requested by the applicant or a property owner or resident within the WO -foot notification radius If a hearing is requested, it shall be provided in accordance with Section 20.90.050, except, only the owners within a 00 -foot radius are required to be notified of the hearing. The applicant shall be required to pay an additional fee for the cost of the hearing, D Before a Large Family Day Care Pernut may be granted, the Director of Planning and Building Safety shall make the following findings that the proposed facility. Provides one off - street parking space for each employee who drives to the facility and who requires a parking space, Provides drop -off facilities as necessary to avoid interference with traffic and to promote the safety of children; is not located within 300 linear feet of an existing Large Family Day Care facility, provided, however, that the Director of Planning and Building Safety shall disregard this requirement 16 146 pJ. -= -ai where the applicant can demonstrate that: a the existing Large Family Day Care facility is operating at full capacity, or b a need exists for a particular service not provided by the existmg Large Family Day Care facility. 4. Complies with the Noise Element of the City's General Plan, 5 Has been or will be licensed for such use by the State of California; and, 6 Complies with all State Fire Marshall requirements for Large Family Day Care facilities, and with all local building and fire codes which apply to single family residences E The decision of the Director of Planninfj and Building Safety may be PP / and shall be appealed to the processed as provided by Chapter 20.82V 20 20 060 SITE DEVELOPMENT STANDARDS D. Setback Eweptions Notwithstandin the rovisions of Section 20 20. / 0 D , the west side yard of / the north 142 5 feet of the south 285 feet of the east 50.265 feet of Lot 14, Block 9, Tract No 1685, commencing 63 feet south of the front lot line and continuing south a distance of 30 feet, shall be 3 inches in width so long as that certain structure located along that 30 -foot distance which existed on January 11, 1973, remains in existence Upon the removal or destruction of said building, this section shall be of no further force and effect Notwithstandm the provisions of Section 20 20. 0 D., the south side yard of%j� the south 55 feet of the north 110 feet of Lot 8, Block 92, El Segundo Sheet No. 4, commencing 84 feet east of the front lot line and continuing east a distance of 20 feet, shall be 3 feet in width so long as that certain structure located along that 20 -foot distance which existed on January 11, 1973, remains in existence Upon the removal or destruction of said building, this section shall be of no further force and effect Tmr WE ME. W-Umarowmam, r /s Intrusions into the required setback areas as described in Section 20.12.070, General Provisions, shall not count towards meeting building wall modulation. CHAPTER 20.21 PLANNED RESIDENTLAL DEVEWPAMff WED) ZONE 2021010 PURPOSE The purpose of this zone is to provide consistency with and implement policies related to the former Impenal Elementary School site designated Planned Residential Development on the General Plan Land Use Map and in the General Plan text The Planned Residential Development (PRD) zone is established to encourage the long -range development of residential property under an overall development plan The development a anal land use plan shall provide for not more than 29 single - family units and 36 multiple - family units arranged such that they achieve the following characteristics a unique living environment which will reflect the size and location of the property; a vehicular circulation and off - street parking arrangement compatible with both the project and adjacent development; and adequate open space to provide for recreational and passive activities for those residents of the project To attain this result, the PRD Zone will act as a mechanism for the establishment of 17 147 PL -T -2-z development standards that will encourage the reuse of land by providing incentives for the construction of high quality residential housing Short -term transitional uses are also recognized as compatible land uses 2021020 PERMITTED USES. The following uses are permitted in the PRD Zone subject to the approval of a PRD plan A Single- and multiple - family dwelling units designed as detached, semi- detached or attached buildings The following are permitted transitional uses of existing facilities subject to tune limitations which may be imposed by the Planning Commission or City Council- A. Churches; B. Day l . I C Private clubs, fraternities, sororities and lodges; D Private schools, and, E. Public or private recreation. 2022020 The following uses are permitted in the R -2 Zone: A Any use permitted in the R -1 Str44e Family Zone, B A two - family dwelling, duplex, or two one - family dwellings, C A 3- family or a 4- family dwelling when the side lot line of the lot upon which it is located forms a common boundary with a lot or lots zoned for C -RS, C -2, C -3, CO, MU, M -1 or M -2, but in no case shall the property used for the three - family or four - family dwelling consist of more than one lot, exceed a density of 12 units per acre, or have less than 3,500 square feet of lot area per unit; and, D Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72 A_ dministrative Determinations 20.22.060 SITE DEVELOPMENT STANDARDS A General Provisions H Band Wall Modulation fo plane of a building wall facing a property line shall exceed 24 feet in height or length r ~q Intrusions into the required setback areas, as described in Section 2012.070, General Provisions, shall not count towards meeting building wall modulation 18 *4 148 p c. -r -z 3 CHAPTER 20.24 MULTI - FAMILY RESIDENTIAL fR -31 ZONE 20.24 020 PERMITTED USES The following uses are permitted in the R -3 Zone• A Any use permitted in the R -2 Zone, MEMO C Large family day care, D Multiple family dwellings; SE Private clubs, fraternities, sororities and lodges, excepting those the chief activity of which is a service customarily carried on as a business, and, .F Other similar uses approved by the Director of Planning and Building Safety, as provided by Section 20.72, Administrative Determinations 20 24 040 USES SUBJECT TO A CONDITIONAL USE PERMIT The following uses shall be allowed subject to obtaining a conditional use permit, as provided by Chapter 20 74, Variance and Conditional Use Permit- A Any use permitted as a conditionally permitted use in the R -2 Zone, I Condominiums and stock cooperatives converted from multiple family dwellings provided that at the time they were ongmally constructed, C Private clubs, fraternities, sororities and lodges whose chief activity is a service customarily carried on as a business, D Public parking area, developed and maintained as required by this chapter when the sideline of the lot or parcel on viditch it is located forms a common boundary with a lot or parcel zoned for commercial or industrial purposes, E Senior citizen housing in accordance with Government Code Sections 65913, 65914 and 65915; F Senior housm facilities, / � ties, including, but not limited to, �, ', t ` nursing homes, and, G Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20.72, Administrative Determinations. 20 24.060 SITE DEVELOPMENT STANDARDS A General Provisions 1 As provided by Chapter 20.12, General Provisions" 19 ", 149 p/ -T -ay H. Open Space and Recreation Requirements The following open space and recreational facilities shall be provided Number of Units Private Open Space Common Open Space Recreational Facilities 1 4 or leas units 50 sq ft /unit 150 sq ft /unit / 2 5 -9 units 50 sq ft /unit 200 sq ftJumt USES SUBJECT TO A CONDITIONAL PERMIT 3 10 -20 units 50 sq ftJumt 250 sq ft /unit 2030.080 4 21 -50 units 50 sq ft /unit 250 sq ftJumt 50 sq ft /unit 5 50 and up 50 sq ft /unit 250 sq ft /unit F 50 sq ft /unit All required open space and recreational facilities addition to the required front and street side setbacks shall be in Interior side Build Wall Modulation plane of a building wall facing a property line shall exceed 24 feet in height„ or len th without at least a 2 -foot offset in the wall inane E t3I11� Intrusions into the required setback areas, as described in Section 20 12.070, General Provisions, shall not count towards meeting building wall modulation. CHAPTER 01' I 1 „U: 1.._y_ICI _ ZONE ,PURPOSE 2030010 2030020 / 20.30025 PERMITT1 ACCESSORY 2030.040 USES SUBJECT TO A CONDITIONAL PERMIT 2030060 DEVELOPMENT STAN1 1 2030.080 • AND LOADING SPACES 2030.090 SIGNS is is ,i +r r M1L;irl�'67 i j0 r• i /55ye' %0:/ , �j9 /. ae, One, 20 31.070 LANDSCAPING A The oal of this section is to ensure that adequate landscape areas are provided for all new development The area extending between a building(s) and property lines shall contain both soft (plantings) and hard (rock, brick, concrete) landscape materials, except for those portions devoted to vehicular parking and loading The purpose of these landscape areas are 20 150 fL_T-ZS 1 To reduce the emphasis of visual impact by careful placement of roads and parking lots and by screening these from view;; 2 To emphasize pedestrian and bicycle access and circulation, especially between and around roads and buildings 3. To accommodate walkways with treatments such as rest areas, landscape buffers, courts and canopies accented with street furnishings and pedestrian -scale lighting%r 4 To repeat certain details, with variation, to link buildings into a cohesive design. B. To achieve these purposes, the landscape criteria is divided into three se arate com onents• Those areas related to 0, �� " j areas related to brdlding and those areas related to the perimeter of the psoperty. 1 Parking ace ifs ,,,,..,,,,r, shall provide M/ rGwpiirNl! *, �y Individual tree and planter areas shall not be less than 3 feet in width, excludin curb 2. Building In those instances where setbacks are provided, all buildings, including parking structures, shall have landscape areas and irrigation systems around their perimeter A minimum horizontal depth of 5 feet of landscape materials shall be provided around the buildings. A combination of soft and hard landscape materials may be installed, provided the use of such materials form a cohesive, attractive and functional design 3 Avperty Perimeter All required setback areas shall be landscaped, the ancorporat`Ae the theme utilized for „ %W1 A combination of soft and hard landscape materials may be installed, provided the use of such materials will form a cohesive, attractive and functional design Such design is to be integrated with and, if appropriate, physically connected to that provided for the Building and Parking areas UJAPTER 20.32 NEIGHBORHOOD COMMERCIAL (C-i) ZONE 20.32070 ' k The oal of this section is to ensure that adequate landscape areas are provided for all new development. The area extending between a building(s) and property lines shall contain both soft (plantings) and hard (rock, brick, concrete) landscape materials, except for those portions devoted to vehicular parking and loading The purpose of these landscape areas are- To reduce the emphasis of visual impact by careful placement of roads and parking lots and by screening these from viewf To emphasize pedestrian and bicycle access and circulation, especially between and around roads and buildings; To accommodate walkways with treatments such as rest areas, landscape buffers, courts and canopies accented with street furnishings and pedestrian -scale lightingr 21 , t� %' 151 PL -I -a(0 4 To repeat certain details, with variation, to link buildings into a cohesive design B To achieve these purposes, the landscape criteria is divided into three se arate com onents• Those areas related to areas related to building „ and those areas related to the perimeter of the property. 1. Plv�ff�liy�Y✓� .i All surface p j' 11,A /� W, shall provide parlung '-EireB Individual tree and planter areas shall not be less than 3 feet in width, excluding curb 2 Buildings W In those instances where setbacks are provided, all buildings, including parking structures, shall have landscape areas and irrigation systems around their perimeter. A minimum horizontal depth of 5 feet of landscape materials shall be provided around the buildings. A combination of soft and hard landscape materials may be installed, provided the use of such materials form a cohesive, attractive and functional design 3 PYtiperty Perimeter All required setback areas shall be landscaped, meltiding th e ncorpora the theme utilized for the nubhc nahts- of -way.M �� rf 1 A combination of soft and hard landscape materials may be installed, provided the use of such materials will form a cohesive, attractive and functional design. Such design is to be integrated with and, if appropriate, physically connected to that provided for the Building and Parking areas. CHAPTER 20.33 GENERAL CONGMERCUL (C-M ZONE 2033.070 L4NDSCOPIXJG A The oal of this section is to ensure that adequate landscape areas i A i; ! are provided for all new development. The area extending between a building(s) and property lines shall contain both soft (plantings) and hard (rock, brick, concrete) landscape materials, except for those portions devoted to velucular parking and loading. The purpose of these landscape areas are. 1 To reduce the emphasis of visual impact by careful placement of roads and parking lots and by screening these from view4 2. To emphasize pedestrian and bicycle access and circulation, especially between and around roads and buildings 3. To accommodate walkways with treatments such as rest areas, landscape buffers, courts and canopies accented with street furnishings and pedestrian -scale lightingl� 4. To repeat certain details, with variation, to link buildings into a cohesive design. B To achieve these purposes, the landscape criteria is divided into three se arate com onents: Those areas related to areas related to building and those areas related to the perimeter of the pnperty. 22 15, PL -z -- '7 the ' o� kmg area. Individual tree and planter areas shall not be less than 3 feet in width, excludin curb 2. Buildings In those instances where setbacks are provided, all buildings, including parking structures, shall have landscape areas and irrigation systems around their perimeter. A nummum horizontal depth of 5 feet of landscape materials shall be provided around the buildings A combination of soft and hard landscape materials may be installed, provided the use of such materials form a cohesive, attractive and functional design. 3. Prgperty Pernneter All required setback areas shall be landscaped, ineluding the the ZffiW A combination of soft and hard landscape materials may be installed, provided the use of such materials will form a cohesive, attractive and functional design Such design is to be integrated with and, if appropriate, physically connected to that provided for the Building and Parking areas. CHAPTER 20.34 CORPORATE OFFICE (CO) ZONE 20 34.040 USES SUBJECT TO A CONDITIONAL USE PERMIT The following uses shall be allowed subject to obtaining a conditional use permit, as provided by Chapter 20.74, Variance and Conditional Use Permit A Bars; B. Freight forwarding, C Helicopter landing facilities subject to the provisions of Section 20.12 160; and D Other similar uses approved by the •birector ''Planning and Building Safety as provided by Chapter 20.72, Administrative Determinations 20.34 070 LANDSCAPING A The oal of this section is to ensure that adequate landscape areas ,...., g „r section P Z' 0 are provided for all new development The area extending between a building(s) and property lines shall contain both soft (plantings) and hard (rock, brick, concrete) landscape materials, except for those portions devoted to vehicular parking and loading. The purpose of these landscape areas is To reduce the visual impact by careful placement of roads and parking lots and by screening these from view To emphasize pedestrian and bicycle access and circulation, especially between and around roads and buildingsss To accommodate walkways with treatments such as rest areas, 23 �, 153 landscape buffers, courts and canopies accented with street furnishings and pedestrian -scale hghtm o To repeat certain details, with variation, to link buildings into a cohesive design B. To achieve these purposes, the landscape criteria is divided into three se arate corn onents. Those areas related to ' �% „ areas related to building and those areas related to the perimeter of the pxperly. i All surface p.rA.-ing-areas%}��j shall provide t2nd2RIM _Mr to the parking andscape areas attd trees shall cover 5% of the pe g lot aree "�'OO'� "'�O��y� ' be distributed umformlv throuehout the tree and planter areas shall not be less than 3 feet in width, excluding curb 2 BuWbigs',, , In those instances where setbacks are provided, all buildings, including parking structures, shall have landscape areas and irrigation systems around their perimeter. A mimmum horizontal depth of 5 feet of landscape materials shall be provided around the buildings. A combination of soft and hard landscape materials may be installed, provided the use of such materials form a cohesive, attractive and functional design. 3. Prquerty Perimeter All required setback areas shall be landscaped, �g the pftrking area Which shftl incor�orat the theme utilized for the uubhc nehts-of-way.0ag Vi MAW WANW,� A combination of soft and hard landscape materials may be installed, provided the use of such materials will form a cohesive, attractive and functional design. Such design is to be integrated with and, if appropriate, physically connected to that provided for the Building and Ptorking areas 2036.070 A The Foal of this section is to ensure that adequate landscape areas are provided foriall new development The area extending between a building(s) and property lines shall contain both soft (plantings) and hard (rock, brick, concrete) landscape materials, except for those portions devoted to vehicular parking and loading. The purpose of these landscape areas is- 1 To reduce the visual impact by careful placement of roads and parking lots and by screening these from views 2. To emphasize pedestrian and bicycle access and circulation, especially between and around roads and buildings; 3. To accommodate walkways with treatments such as rest areas, landscape buffers, courts and canopies accented with street furnishings and pedestrian -scale hghting�' 4 To repeat certain details, with variation, to link buildings into a cohesive design B To achieve these purposes, the landscape criteria is divided into three se arate coin onents: Those areas related to pok' �I�; areas related to building '"'=' I %� ,, and 24 154 PL -z -a9 those areas related to the periander of the property. anascape areas cover 5% of the Wvdrkmg !at area be distributed umformly throuehout the tree and planter areas shall not be less than 3 feet in width, excluding curb., p� 2 Bufkdinge In those instances where setbacks are provided, all buildings, including parking structures, shall have landscape areas and irrigation systems around their perimeter A minimum horizontal depth of 5 feet of landscape materials shall be provided around the buildings. A combination of soft and hard landscape materials may be installed, provided the use of such materials form a cohesive, attractive and functional design 3 Prcperty P®zsneter All required setback areas shall be-landscaped, the A combination of soft and hard landscape materials may be installed, provided the use of such materials will form a cohesive, attractive and functional design Such design is to be integrated with and, if appropriate, physically connected to that provided for the Building and Parking areas CV1AP3M 20.40 LIGHT 1"USTRiAL (M-1) ZONE 20 40.030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT. A The on -site sale and consumption of alcohol _77-ft""ary Use i i /i n it to a restaurant, coffee shop,i� or cafej; and, B Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20 72, Administrative Determinations. 20.40.070 LANDSCAPING A. The foal of this section is to ensure that adequate landscape areas are provided for all new development The area extending between a building(s) and property lines shall contain both soft (plantings) and hard (rock, brick, concrete) landscape materials, except for those portions devoted to vehicular parking and loading The purpose of these landscape areas is: 1 To reduce the visual impact by careful placement of roads and parking lots and by screening these from view 2. To emphasize pedestrian and bicycle access and circulation, especially between and around roads and buildings 3 To accommodate walkways with treatments such as rest areas, landscape buffers, courts and canopies accented with street furnishings and pedestrian -scale lighting" 4. To repeat certain details, with variation, to link buildings into a cohesive design. B. To achieve these purposes, the landscape criteria is divided into three separate components: Those areas related to parking 25 155 PL -3T -3o WA � /�j�', areas related to ixdldmga ;", and those areas related to the perimeter of the prtperty. andscape areas cover 5% of the met area ie distributed umformlv throuehout the petrking Individual tree and planter areas shall not be less than 3 feet in width, excluding curb. 2. Buildings WAMWI In those instances where setbacks are provided, all buildings, including parking structures, shall have landscape areas and irrigation systems around their perimeter A mimmum horizontal depth of 5 feet of landscape materials shall be provided around the buildings. A combination of soft and hard landscape materials may be installed, provided the use of such materials form a cohesive, attractive and functional design 3 Prcperly Perimeter All required setback areas shall be landscaped, tneludmg the the Dubhc nehts- of -way. f tom/ , A combination of soft and hard landscape materials may be installed, provided the use of such materials will form a cohesive, attractive and functional design. Such design is to be integrated with and, if appropriate, physically connected to that provided for the Building and Parking areas CHAPTER 20.41 HEAVY INDUSTRIAL CM 2) ZONE 2041030 USES SUBJECT TO AN ADMINISTRATIVE USE PERMIT 20 41.060 20 41.070 A The on -site sale and consumption of alcohol t" restaurants, coffee shop #, �� or cafe; and, B. Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20 72, Administrative Determinations SITE DEVELOPMENT STANDARDS G WalialFenees Walls and fences in the M -2 zone shall comply with the requirements of Chapter 20.12, General Provisions A minimum 6 -foot high masonry wall shall be provided along property lines for those yards abutting residential, nsmed - use or commercial zones. LANDSCAPING A. The goal of this section is to ensure that adequate landscape areas and irrigation facilities are provided for all new development. The area extending between a building(s) and property lines shall contain both soft (plantings) and hard (rock, brick, concrete) landscape materials, except for those portions devoted to vehicular parking and loading The purpose of these landscape areas is: 1 To reduce the visual impact by careful placement of roads and partung lots and by screening these from views 2. To emphasize pedestrian and bicycle access and circulation, 3 156 PL_ = -3 especially between and around roads and buildings; To accommodate walkways with treatments such as rest areas, landscape buffers, courts and canopies accented with street furnishings and pedestrian -scale lightingrm To repeat certain details, with variation, to link buildings into a cohesive design. B To achieve these purposes, the landscape criteria is divided into three se arate com onents: Those areas related to pwking /A; areas related to brAkl' and those areas related to the perimeter of the property. anascape areas ftnd trees skal} cover 5% of the pig lot Brea be distributed uniforml throu hout the gskmg -area. Individual tree and planter areas shall not be less than 3 feet in width, excluding curb Buildings Wf In those instances where setbacks are provided, all buildings, including parking structures, shall have landscape areas and irrigation systems around their perimeter. A minimum horizontal depth of 5 feet of landscape materials shall be provided around the buildings. A combination of soft and hard landscape materials may be installed, provided the use of such materials form a cohesive, attractive and functional design. Prcperty Perimeter All required setback areas shall be landscaped, meluding the mcorporat, a the theme utilized for the Dublic nehts- of- way.�321tt'' #VAMWIIIIAW� A combination of soft and hard landscape materials may be installed, provided the use of such materials will form a cohesive, attractive and functional design Such design is to be integrated with and, if appropriate, physically connected to that provided for the Building and Parking areas Sections 20 42 010 PURPOSE. - 20 42 020 PERMITTED USES 20.42 050 PROHIBITED USES. 20 42 060 SITE DEVELOPMENT STANDARDS 20 42 070 LANDSCAPING 20 42 080 OFF- STREET PARKING AND LOADING 20 42.090 SIGNS 20 42 100 PROJECT REVIEW AND PLAN CONSISTENCY. 20.42.025 PERMITTED ACCESSORY USES. A Any use customarily incidental to a permitted use, B Employee recreation facilities and play areas, 27 b 157 PJ- -z- 3� C. Parking structures and surface parking lots; D Permitted wholesale sales and services ( "will -call' types of business), E. Open storage incidental to a principal use; F. Retail sales and services; and, MG Other similar uses approved by the Director of Planning and Building Safety, as provided by Chapter 20 72, Administrative Deternunations �a r• % /,ii Gr- % %a /ai% %.!i ✓ %�' ii ;gs" pis %4L's' %'sjl %ti l; Wi •'�% {�:`,'��r• i' /;•J, i��:� %> 20 42 060 SITE DEVELOPMENT STANDARDS All uses within the SB Zone shall comply with the Development Standards contained in this section. A General Provisions 1. No operations and uses conducted on the premises shall be in violation of the El Segundo Municipal Code, State laws or environmental regulations by reason of noise, dust, mud, odor, smoke, vibrations or other similar causes; and 2. All uses in the SB distrtet shall be conducted completely within a fully enclosed building except- a. Recreational activities customarily conducted in the open; ftbove the Iteight of the wail and shall not be loeftteel Outdoor dining areas; and, d Surface parking lots. 3 Other provisions as required by Chapter 20.12, General Provisions Front Yard The front yard setback shall be�� A ,,ully landscaped for a numumm of 8 fitet Front yard building setbacks between 8 and 19 feet are specifically not permitted unless fully landscaped. Setbacks greater than 19 feet are permitted, however, the first 10 feet of the setback (nearest the road) shall be landscaped or a 5 -foot wide landscaped buffer with a low wall on the inside edge, or mounded earth forms shall be provided. Side Yard No side yard setback is required unless such yard abuts a dedicated street, in which case a suitably landscaped setback shall be provided according to the following. 50% of the building wall shall have a nummum setback of 6 feet, 50% of the building wall shall have a xmmmum setback of 3 feet Rear Yard- No rear yard setback is required, unless such rear 28 158 PL -Z- 33 yard abuts a dedicated street in which case a minimum 5 -foot suitably landscaped setback is required. 4. Setback Related to Alleys: Where either a side or rear yard abuts a dedicated alley, a nummum 5 -foot setback is required Said yard may be used for off - street parking, loading and vehicle access 5 Setbacks for Combined Lots- Where two or more legally established building sites at the time of adoption of these regulations are combined into one site, the minimum yard area for the new site shall be the aggregate of yard areas that would have been required for each of the original sites under these regulations. 20 42.070 LANDSCAPING In the SB Zone, landscaping requirements shall he as follows: A A nummuin of 3% of the total site shall be devoted to landscaping, B Landscaping shall consist of trees, shrubs, vines, bushes, flowers, ground coverings or any combination thereof, C Landscaping shall not consist solely of artificial plants, turf, crushed rock, redwood bark or decorative pavement, D Within the first 3 feet of the front yard setback, a raised planter (2 feet minimum above sidewalk) shall be provided for the entire frontage, excluding entrances to the building or parking The raised planter shall be provided with permanent watering facilities. Suggested plant materials may include Italian cypress, Chinese juniper, creeping fig and geraniums for color Items such as turf, artificial plants, astro -turf and full -size trees are not suitable for this location; E All landscaped areas shall be provided with permanent watering facilities; 20 Sections 20 43.010 PURPOSE 20 43.020 PERMITTED USES. 20 43.025 PERMITTED ACCESSORY USES 20 43 040 USES SUBJECT TO A CONDITIONAL USE PERMIT 20 43 050 PROHIBITED USES. 20 43 060 SITE DEVELOPMENT STANDARDS 20 43 070 LANDSCAPING M ]59 PL_.Z. -3y 20.43 080 OFF- STREET PARKING AND LOADING. 20 43.085 VEHICULAR ACCESS 20.43 090 SIGNS. 20 43 100 PROJECT REVIEW AND PLAN CONSISTENCY 20 43 025 PERMITTED ACCESSORY USES A B C D. E NO Any use customarily incidental to a permitted use, Employee recreation facilities and play areas, Open storage incidental to a principal use; Retail sales and services, and, Other similar uses Building Safety, as Deternunations approved by the Director of Planning and provided by Chapter 20.72, Administrative 20 43.060 SITE DEVELOPMENT STANDARDS All uses within the MM Zone shall comply with the Development Standards contained in this section A. General Proviei 1 No operations and uses conducted on the premises shall be in violation of the El Segundo Municipal Code, State laws, or environmental regulations by reason of noise, dust, mud, odor, smoke, vibrations or other similar causes, and, 2 All uses in the MM " district shall be conducted completely within a fully enclosed building except• a Recreational activities customarily conducted in the open, _..------- ---- , _ .._ _ ._ . r. , ..,.,...,.. Outdoor dining areas, and, Surface parking lots 3 Other provisions as required by Chapter 20.12 General Provisions B. Lot Area Every lot in the MM dtstriet shall be a minimum of 11,200 square feet. If a lot was of legal record prior to December 1, 1974, the minimum lot size shall not apply C Height No building or structure within the MM So distnet shall exceed a height of 35 feet, however, that building providing enclosed or rooftop parking or utilizing a parapet wall on top of the eave of the 30 160 PL -Z' -35 top floor in order to hide rooftop equipment shall not exceed 40 feet Buildings incorporating certain elements as outlined in the lot consolidation provisions (Section 20 46 030.F.) may, with the concurrence of the Planning Commission, exceed the stated height limit by up to 10 feet This provision may also be applied to special accessory structures ancillary to the basic use at the Planning Commission's option D. Setbacks 1 Front Yard In the MM distriet, the front yard setback shall not be less than 10 feet for 75% of the total front wall, the remaining 25% of the setback shall be a minimum of 5 feet These setbacks shall be fully landscaped and maintained in accordance with Section 20 43.070 No parking shall be allowed in this setback area. 2 Side Yard. No side yard setback is required unless one of the following conditions exists, in which case the stated setback schedule shall be applicable. a. Such side yard abuts one of the following dedicated streets Street Setback (suitably landscaped) El Segundo Boulevard 50% shall be setback 4 feet Franklin Avenue 50% shall be setback 8 feet Grand Avenue 50% shall be setback 8 feet b Such side yard abuts any other dedicated street, in which case a 5 -foot suitably landscaped setback is required Where the abutting property on the side yard is in another zone or district, in which case an 8 -foot setback is required. 3 Rear Yard: No rear yard setback is required, unless where the abutting property is in a different zone, district, or dedicated street, in which case an 8 -foot setback is required. 4 Setback Related to Alleys• Where either a side or rear yard abuts a dedicated alley, a minimum 5 -foot setback is required Said yard may be used for off - street parking, loading and vehicle access. 5 Setbacks for Combined Lots. Where two or more legally established building sites at the time of adoption of these regulations are combined into one ante, the mimmum yard area for the new site shall be the aggregate of yard areas that would have been required for each of the original sites under these regulations. / / /// rel 20 43 070 LANDSCAPING, In the MM W, dietrsct, landscaping requirements shall be as follows. A A minimum of 7% of the total site's square footage shall be devoted to landscaping; B. Landscaping is not required in side yard setbacks unless the side yard abuts a dedicated street or abuts a different zoning district, 31 161 pL -r -3cp C Landscaping shall consist of trees, shrubs, vines, bushes, flowers, ground coverings or any combination thereof, D. Landscaping shall not consist solely of artificial plants, artificial turf, crushed rock, redwood bark or decorative pavement, E In the front yard setback, an at -grade or raised planter landscaping shall be employed. A permanent evergreen ground cover (turf, ivy) and trees are the basic material recommended. One 15- gallon tree shall be provided for every 25 feet of lot frontage on a dedicated street, F All landscaped areas shall be provided with permanent watering facilities, and, CHAPTER 20.44 GRAND AVENUE COADERICIAL (GACI ZONE Sections- 20.44010 PURPOSE. 20 44 020 PERIVIITTED USES 20 44.025 PERMITTED ACCESSORY USES. 20.44060 DEVELOPMENT STANTD.•rtDS. 2044070 LANDSCAPING 20.44080 AND LOADING. 2044085 2044090 2044.100 PROJECT 1 PLAN CONSISTENCY 2044110 FINDINGS 20 44 060 SITE DEVELOPMENT STANDARDS 1 10_ ?9 1. Front _Yard. A nummum 15 f9jeet fully landscaped setback is required. 2. Side yard- A minimum 15 Seet fully landscaped setback is required. 3. Rear yard- No rear setback is required, except where the rear yard abuts a dedicated alley, a mimmum 5 -foot setback is required Said yard may be used for off - street parking, loading and vehicle access 32 1Gz P L - 17 -3_l 20.44 070 LANDSCAPING. A In the 15 -foot front yard setback, a raised planter, utilizing common brick as accent or veneer application, shall be provided for a minimum of 50% of the total front yard setback area Items such as turf, artificial plants, astro -turf, crushed white rock and pavement are not suitable for this location; B Landscaping shall consist of trees, shrubs, vines, bushes, flowers, evergreen ground covers or any combination thereof; C Landscaping shall not consist solely of artificial plants, turf, crushed rock, redwood bark or decorative pavement, D Five percent of the total at -grade vehicular use area shall be landscaped; E. All landscaped areas shall be provided with permanent watering facilities, and, CELAPEER 20.45 MEDIUM 1 E _ r W1 C RESIDENTIAL .1 ►! 2045.060 SITE DEVELOPMENT STAN Build Waa%i.Modulat' io plane of a building wall facing a property line shall exceed 24 feet in heiht or lenth without at least a 2 -foot offset in the wall ulane. aoii °OOO�`O rf/, " ,, Intrusions into the required setback areas, as described in Section 20.12 070, General Provisions, shall not count towards meeting building wall modulation. H Open Space and Recreation Requirements The following open space and recreational facilities shall be provided Number of Unite Private Open Space Common Open Space Recreational Facilities 1 4 or lees unite 50 sq ft /unit 150 sq ft /unit 2 5 -9 unite 50 sq ft /unit 200 eq ft /unit 3 10 -20 units 50 sq ft /umt 250 eq ftlunit 4 21 -50 units 50 sq ft /unit 250 sq ftJumt 50 sq ft /unit 5 50 and up 60 sq ft /unit 250 eq ft /unit 50 eq ftJunit All required open space and recreational facilities shall be in addition to the required front and street side setbacks. Interior side and rear setbacks may be considered as required oven suaces and 20 45.070 LANDSCAPING. A Five percent of the total at -grade vehicular use area shall be landscaped; 33 163 PL -s - 3 B. All landscaped areas shall be provided with permanent watering facilities, and, CHAPTER 20.52 HISTORIC PRESERVATION 20 52.050 LIST OF DESIGNATED CULTURAL RESOURCES. The Department of Planning and Building Safety shall maintain a Designated Cultural Resources List which shall include the following information. A A legal description of each designated cultural resource, the names and addresses of all owners of designated cultural resources, and parcel assesser•s numbers of designated cultural resources; B A legal description of the property included in any Historic District, including the special historical, aesthetic, cultural, architectural, or engineering interests or value of the District, C Sketches, photographs or drawings of structures of all Designated Cultural Resources and other significant buildings or Historical Sites; D A statement of the condition of Designated Cultural Resources and other significant buildings or Historical Sites; and, E. An explanation of any known threats to any Designated Cultural Resource and other significant buildings or Historic Sites. aWi t: 20.54 • W11XS IM41V,,'I CIMV'1►lKIM1)1MWJP;T•j 0�-j 2054020 GE "• • A. No use or building shall be established, erected, enlarged or expanded unless on -site parking and loading facilities are provided and maintained as required by this chapter B. Parking facilities shall be designed so that a car within a facility will not have to enter a street to move from one location to any other location within the same facility ` C Bumpers or tire stops a minimum 6 inches in height shall be provided in all parking lot areas abutting a building, structure, sidewalk, planting area, street or alley D All tandem parking spaces, where allowed, shall be clearly outlined on the surface of the parking facility. E. Parking facilities in non - residential zones shall be designed in such a manner that any vehicle on the property will be able to maneuver as necessary so that it may exit from the property travelling in a forward direction. However, cars may exit onto an alley travelling in a reverse direction 34 164 PL-1- -39 G Where vehicular access is provided by an alley, parking may intrude into the required rear yard, provided, however, the amount of setback intruded upon shall be replaced by increasing the other required yards on -site by an equivalent amount. .-I Where the application of the following cumulative parking schedules results in a fractional space, then the fractions shall be rounded to the nearest whole number. .� No required guest parking space for any residential use shall be located, in whole or in part, in any required front yard or front two - thirds of any required side yard Y, No person, company or organization shall fail to maintain the facilities required to be provided by this chapter, or by any applicable provision of prior laws, variance, use permit, or precise plan heretofore or hereafter granted by the Planning Commission or City Council No required parking shall be utilized in any manner so as to make it unavailable for the occupants, their clients or visitors of a building or use during the hours such building or use is normally occupied. This meaning shall not be construed to prohibit security devices h. Waiting spaces, where required, are to be located adjacent or near to the required loading spaces in order to accommodate trucks waiting for loading dock space. ' M. Loading spaces shall be to designed fflm, that ib will not interfere with vehicular circulation 0 -N Loading spaces shall be sited to avoid views from public streets 20 54 030 PARKING SPACES REQUIRED The number of on -site parking spaces required for the establishment of a 35 165 PL --r -yD low- .� No required guest parking space for any residential use shall be located, in whole or in part, in any required front yard or front two - thirds of any required side yard Y, No person, company or organization shall fail to maintain the facilities required to be provided by this chapter, or by any applicable provision of prior laws, variance, use permit, or precise plan heretofore or hereafter granted by the Planning Commission or City Council No required parking shall be utilized in any manner so as to make it unavailable for the occupants, their clients or visitors of a building or use during the hours such building or use is normally occupied. This meaning shall not be construed to prohibit security devices h. Waiting spaces, where required, are to be located adjacent or near to the required loading spaces in order to accommodate trucks waiting for loading dock space. ' M. Loading spaces shall be to designed fflm, that ib will not interfere with vehicular circulation 0 -N Loading spaces shall be sited to avoid views from public streets 20 54 030 PARKING SPACES REQUIRED The number of on -site parking spaces required for the establishment of a 35 165 PL --r -yD building or use shall be provided and thereafter maintained at the following ratios, provided, however, that for any building or use enlarged or increased in capacity, additional parking facilities shall be required only for such enlargement or increase. Additional parking facilities need not be provided in R zones unless such enlargement or increase results in the addition of a dwelling unit. Unless stated otherwise, parking shall be based on net floor area as defined in Section 20 08.420. lib A. Residential Uses (1) Single - family and two - family dwellings I-, 01 1 IlI 2 spaces for each unit and one additional space for dwelling units exceeding 3,000 sq. ft of gross floor area (2) Condominiums, residential co-ops 2 spaces for each unit plus 1 visitor space and multiple family dwellings. for the first 5 dwelling units and 1 visitor as ace for each additional U a rooming houses, and guest houses- 1 - PWIVII "T (1) Hospitals- (2) Hotels- (3) Motels, auto courts, motor lodges, and tourist courts. (4) Seniors' communities, rest homes, convalescent homes: () Office % commercialf� uses:. (0-2) Restaurants, bars and cocktail lounges () Manufacturing, research and development (includes office with on -site testing facilities) (l) Medical /Dental offices and clinics. (6) Warehouses and storage 36 1 space for each sleeping room Ph spaces for each bed 1 space for each of the first 100 rooms, 3/4 space for each of the next 100 rooms; and % space for each room above 200 rooms 1 space for each sleeping unit. 1 space for each 2 beds. 1 s ace for each 300 sq. ft up—to V"O 25,000 sq ft. 1 space for each 350 sq. ft_ for W , 25,000 to 60,,899 sq. ft. 1 s ace for each 400 sq. ft. for W1 50,000 sq, ft. wtd greater 1 space for each 75 sq. ft No parking is required for restaurants under 500 sq. ft. which do not provide sit - down eating accommodations 1 s ace for each 500 sq. ft. trp-+e WIN 50,000 sq ft W1 s ace for each 1,000 sq. ft forW," 50,000 sq. ft. mater. 1 space for each 200 sq ft 1 space for each 1,000 sq ft. for the first 166 PL -I -141 buildings. 20,000 sq ft e€ Hoer Brea 1 space for each 2,000 sq. ft for the second 20,000 sq ft of floor area 1 space for each 4,000 sq. ft. for att area in excess of 40,000 sq ft c�6) Automobile repair garages, body shops, and service stations ("4) Schools, private (a) Pre - school, elementary through junior high level- (b) High school level- (c) Adult level, college, business and trade. FM (a) (b) F' 20.54.050 Places of public assembly including, but not limited to theaters, auditoriums, banquet facilAies, meeting rooms, clubs, lodges and mortuaries With fixed seats Without fixed seats Churches 2 spaces for each service stall plus 2 spaces for office 1 space for each 1 classroom, plus 1 space for each employee and faculty member. 1 space for each 5 students, plus 1 space for each employee and faculty member. 1 space for each 3 students, plus 1 space for each employee and faculty member 1 space for every 3 seats * 1 space for every 30 sq ft of floor area used for assembly purposes 1 space for every 4 seats.* * Based upon the Uniform Building Code areas having fixed benches or pews shall have 1 seat for each 18 inches of length Dining areas shall have 1 seat for each 24 inches of booth length, or major portion thereof. The Planning Commission may reduce the required amount of parking in the SB, MM, Grand Avenue Commercial and Medium Density Residential Zones up to 10% The Planning Commission may modify the required number of parking spaces based on the submittal of a parking study PARKING AREA DEVELOPMENT STANDARDS A. Stall sizes and aisle widths (1) The parking stall sizes shall be as follows 1 " n Nonresidential 81h feet 18 feet End parking stall adjacent to an obstruction 91/2 feet 18 feet Compact Parking Spaces 1h feet 15 feet w � . e•1 Single- family Residential (R -1) 10 feet 20 feet Mobilehome In a mobilehome park 9 feet 20 feet Two-family Residential (R -2) 9 feet 20 feet 37 167 PL - z - yam Two- family Residential (R -2) on a substandard lot 81h feet 20 feet Multi - family Residential (R -3) 81h feet 20 feet (2) Aisle width for angled parking spaces shall not be less than the following- Angles of Parking Aisle Width Clear Parking Stall Depth* Parallel to 30° 12 feet 16 feet 450 15 feet 19 feet 600 18 feet 20 feet 900 25 feet 18 feet * Measured perpendicular to aisle D. Underground (Subterranean) Parking Facilities 4- The following maximum lot coverage shall apply to communal underground parking facilities. E Parking of Licensed Recreational Vehicles and Habitable Vehicles 1. Parking of anY�/% %� %% /� habitable vehicle outside of an authorized mobile home park or licensed recreational vehicle parking facility ispmhibited ewept that such vehicles may be parked on any public street subject to any applicable parking restrictions or on any developed residential lot as long as the vehicle, if parked in a front yard, must be parked on a nonporous surface pad adequate to accommodate the parked vehicle No habitable vehicle may be occupied for residential purposes for longer than 72 hours (outside of an authorized mobile home park) No habitable vehicle may be occupied for commercial purposes except as provided by Section 16.04 260 of the El Segundo Municipal Code. F. Entrances and Exits The location and design of all driveway entrances and exits shall be subject to the approval of the Director of Planning and Building Safety and shall comply with the criteria listed below- DISTANCE FROM ZONE SIDE PROPERTY LINE All Zones, N/A except R -3 R -3 5 feet minimum in front 213rds of lot Entrance or exit on or from an alley may be less Muumum 10 feet WAMA Minimum 12 feed z BE PL -z -43 20 54 110 APPLICABILITY OF CHAPTER IN THE C -RS ZONE In the C -RS Zone, Section 20.54 030, spaces required, shall be fully applicable to all buildings constructed or enlarged after January 1, 1971 All buildings constructed prior to January 1, 1971, which do not meet the requirements of Chapter 20 54 may comply with these provisions in the following manner Existing uses in an existing building may change to any other use enumerated in the PERMITTED USES section of the C -RS Zone without providing additional on -site parking spaces, provided, however, that all existing on -site parking exd— leading spaces, provided in connection with the building or structure, shall be continued and available for use with the subject building or structure. CHAFFER 20.60 SIGN5 Sections 20.60 010 PURPOSE. 20 60.020 APPLICABILITY 20.60.030 SIGN AREA AND HEIGHT. 20 60 040 PERMITS REQUIRED. 20.60.050 DESIGN, CONSTRUCTION AND MAINTENANCE 20.60 060 MASTER OR COMMON SIGNAGE PLAN 20 60 070 SIGNS IN THE PUBLIC RIGHT -OF -WAY. 20 60 080 SIGNS EXEMPT FROM REGULATION UNDER THIS ORDINANCE „ „ , 20.60.090 SIZE BKGEPT-;o 20.60 100 SIGNS PROHIBITED UNDER THIS ORDINANCE 20.60110 GENERAL PERMIT PROCEDURES 20.60 120 PERMITS TO CONSTRUCT OR MODIFY SIGNS. 20 60.130 SIGN PERMITS - CONTINUING. 20 60 140 TEMPORARY SIGN PERMITS (NON - RESIDENTIAL) 20 60 150 PERMITS FOR SIGNS IN THE PUBLIC RIGHT -OF -WAY. 20 60.160 VIOLATIONS 20 60 070 SIGNS IN THE PUBLIC RIGHT -OF -WAY. No signs shall be allowed in the public right -of -way, except as issued by the Public Works Department, consistent with Chapter 12.04 of the El Segundo Municipal Code, and as listed below- A. Permanent Signs Permanent signs, including: 1 Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic; - 2. Bus stop signs erected by a public transit company, 3 Informational signs of a public utility regarding its poles, lines, pipes or facilities, and, 4 Awning, projecting and suspended signs projecting over a public nght -of -way in conformance with the provisions contained within the latest adopted Uniform Building Code B Tempaoy Signs Temporary signs for which a permit has been issued in accordance with Section 20 60 1#40 shall be issued only for signs meeting the following requirements: 1 Such signs shall contain no commercial message, and, 2 Each sign shall be no more than 2 square feet in area C. Emergency Signs. Emergency warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized or pernutted work within the public right -of -way 40 170 PL-:T- 4 s D. Other Signs Forfeited. Any sign installed or placed on public property, except in conformance with the requirements of this section, shall be forfeited to the public and subject to confiscation In addition to other remedies hereunder, the City shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign. 20.60 080 SIGNS EXEMPT FROM REGULATION UNDER THIS ORDINANCE The following signs shall be exempt from regulation under this ordinance• A Any public notice or warning required by a valid and applicable federal, state or local law, regulation, or ordinance; B Any sign inside a building, not attached to a window or door, and not legible from a distance of more than 3 feet beyond the lot line of the lot or parcel on which such a sign is located; C Works of art that do not include a commercial message; D Traffic control signs on private property, (e.g., Stop, Yield, and similar signs), the face of which meet California Department of Transportation or City Public Works standards and contain no commercial message, F Political Signs. Accessory political signs shall be permitted in any zone, except the Open -Space and Public - Facilities Zones subject to the following. 1 Such signs shall not exceed 4 square feet in area, and 2 Shall be removed no later than 48 hours after the election or ballot measure to which they refer 3. Such signs shall not be permitted in any public nght -of -way Political signs shall not be attached to utility poles or street signs in the public right -of -way. � •� �� ( %1i'p• %, /'G, %i /id: i % %it �'.'� %/„ .�/ /. %�, °iii.., •� #.A. Nonresidential uses in the R -3 Zone shall be permitted one unlighted sign, not to exceed 12 square feet in size, which pertains only to the sale, lease or hire of the particular building, property or premises on which it is displayed, 12?1 ME E= I I _ .j�� r I•• I I I I r I i of building upon placed, 41 PL-_T-(4(e, .6. Signs not exceeding an aggregate of 100 feet in surface area, advertising development or the sale of subdivisions and tract homes, shall be permitted in the R -1, R -2, R -3, PRD and MDR Zones during the initial period of the development project This period shall be defined as beginning with the recording date of the subdivision map and terminating 12 months thereafter, and, .13 Signs in the R -1, R -2, R -3, PRD and MDR Zones may identify those persons engaged in construction on -site However, such a sign is permitted only as long as construction is in progress, but under no circumstances shall it exceed 6 months 20 60 100 SIGNS PROHIBITED UNDER THIS ORDINANCE. All signs not expressly permitted under this ordinance are prohibited in the city Such signs include, but are not limited to A. Beacons, B Pennants, C. Strings of lights not permanently mounted to a rigid background, except those exempt under the previous section; D Trailer signs, and-, E. Notwithstanding any other provisions of this title, no outdoor advertising structure or outdoor advertising display shall be placed within 500 feet of either side of a state or county freeway or highway in a manner which makes the matter displayed thereon visible to persons or passengers upon any such thoroughfare This section shall have no application to the following. 1 Signs used exclusively: a For the display of official notices used by any court, public body, official or for the posting of notices by any public officer in the performance of a public duty, or by any person in giving legal notice, and, b For directional warning or information purposes of a public or semi- public nature, established and maintained by an official body. 2. Signs used exclusively to advertise the ownership, sale or lease of the property upon which the sign is placed or to advertise a business conducted, services rendered or goods produced or sold upon the premises, or any other lawful activity conducted upon the premises; and, 3 Signs shall not rotate or otherwise move, nor shall they be so located that any green, yellow or red light thereon will materially or practically tend to interfere with approachm ffi drivers readily distinguishing them from a trac signal 111741WRB 20,70 NON-CONFORMING BUILDINGS AND USES 2070.050 \ • A—All legal or legal non - conforming structures within any Residential Zone, in existence as of the effective date of this Title, which are now legal non - conforming or become legal non-conforming due to changes in the land use designation or zoning criteria under this Title, shall be permitted to continue and remodel or rebuild provided all of the 42 172 PL -z-4l following requirements are met- 1. Where a side yard setback is non - conforming, the width of the existing side yard shall not be decreased or made more non - conforming due to remodeling or reconstruction, and, 2. A non - conforming structure may expand, provided the expansion meets all the applicable criteria of this title 20 70 070 SMOKY HOLLOW SPECIFIC PLAN RESTRICTIONS A Nonconforming Uses of Ind. Where, at the time of passage of the Specific Plan, lawful use of land exists which would not be permitted by the regulations imposed by the Specific Plan, such use may be continued so long as it remains otherwise lawful, provided 1. No such non - conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the Specific Plan, 2. No such non - conforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of the Smoky Hollow Specific Plan, 3 If any such non - conforming use vacates for any reason for a oenod of more than 12 consecutive months." any subsequent use shall conform to the regulations specified by the Specific Plan for the zone in which such land is located, and, 4 No additional structure not conforming to the requirements of the Specific Plan, shall be erected in connection with such non - conforming use of land B Smoky Hollow: Nonconforming Structures. Where a lawful structure exists at the effective date of adoption or amendment of the Specific Plan, that could not be built under the terms of these regulations by reason of restrictions on area, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains in the same use and is otherwise lawful, subject to the following provisions; 1 Such non - conforming structures may be expanded up to 50% of the existing floor area or 15,000 square feet, whichever is greater. The expansion itself shall meet all the requirements of the Smoky Hollow Specific Plan, but shall not. be required to compensate for any deficiency or non - conformity in the original structure, 2 Should such non - conforming structure be involuntarily destroyed to any extent, including total destruction, it may be rebuilt to the identical use and original floor area, providing design guidelines contained herein shall be respected, and further provided that onsite parking be replaced to the ratio existing at the time of such destruction, and, 3. Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the zone in which it is located after it is moved •J�'VU4_ql' 20.72 ADDENISIMTM 2072060 PLANNING COMMISSION All written determinations made by the Director of Planning and Building 43 173 PL -T -48 Safety shall be placed as receive and file items on the next available agenda of the Planning Commission Any Planning Commissioner ma request that an item be set for a formal public hearing before W40W in the manner prescribed in Chapter 20.90. No decision of the Director of Planning and Building Safety is final until the decision is received and filed by the Planning Commission H TM 21 VARIANCE AND WbWMILOWAL USE 2074.090 RECORD The formal resolution of the Planning Commission announcing its findings shall become a permanent record in the files of the Planning Commission (Grel. 697) 20 74 110 EFFECTIVE DATE OF PLANNING COMMISSION ACTION. The action of the Planning Comnussion in granting or denying a variance or conditional use ermit shall become final and effective the day followmngla, // W� unless an eal ms filed with the City Council 44 op 174 PL -T -q? WN 44 op 174 PL -T -q? 20 86 070 DENIAL -- ACTION FINAL. The action of the Planning Commission in denying an application for an NOW Amendment or to den a royal of a recise Ian shall be final and i/% ao j, .,ii/ �i�P�� ipi rte. i � i/ ____._______ ith__ jj AX1�4Y�pgtihe,�f�S?�t�i /AP1�9� unless, Ana '; ff appeal, — n - wrxlmg, is filed with the City Council as provided by Chapter 20 82, Appeal and Review P \SHARE \AMNDMNr \DRAFT STZCC 176 PL - s/ • PROFESSIONAL CONORAnoN I A NOfF89oNA ASSOCIATION ADMITTED N KANSAS A MISSOURI I ADMITTED N CALIFORNIA. KANSAS A MISSOUN • ADMITTED N CALIFORNIA A WASHINGTON D C • ADMITTED N KANSAS LAX2 129664 1 Laurie Jester, Senior Planner City of E1 Segundo 350 Main Street E1 Segundo, California 90245 RE: OPTIONS OF CITY TO REGULATE ALCOHOL USES Dear Laurie: This letter is in response to your request to outline the options that the City has to regulate alcohol uses through zoning and planning law. The City may regulate alcohol uses by any available zoning and planning approval mechanism including the following: allow use as of right, use subject to an administrative use permit, use subject to a Conditional Use Permit, or use subject to specific regulations set forth in Code. The only limitation on the City's regulation is that they must relate to zoning and planning issues. The City may, if it chooses to, subject all types of alcohol uses to a conditional use permit. In addition, the City can differentiate between different types of alcohol uses and subject them to different types of planning or zoning regulations. The City Council has requested that all alcohol uses be reviewed the Council. This may be accomplished through either of the following: (1) if the City chooses to regulate alcohol uses through an administrative use permit, the review may go straight III N4 AL S -sa RECEIVED LAW OFFICES BURKE 9 WILLIAMS & SORENSEN JUN 1 4 1995 611 WEST SIXTH STREET, SUITE 2500 LOS ANGELES, CALIFORNIA 90017 +CANNING & BUtLUIN6 121 31 236 -0600 iAPETY DEPARTMENT JYAE6 T BRADRNAW JR • THOMAS C WOOD VENTURA COUNTY OFFICE M M L BURKE' RITA J MUNSON 2310 MMOER06A DRIVE CALK NEWTON. J ROBERT FLANONCK• STEVEN DAW80N MARYANN LINK GOOOKNO TELECOPIER (2131236 -2700 emTEI CAMARILLO CALIFORNIA 92010 NORMAN E GAARI STEPHEN R ONSTOT 19061 967 BASS EDWARD M FOX. MARK URGING, P BUR• M P WA N LELAND C OONEY• GREGORY T DON HANRR C WILLIAMS ORANGE COUNTY OFFICE COIN LOMMAD KARENJ SCHUIDT 1191219971 3200 PARK CENTER DRIVE ROHRAO H H110ROVE JANET 6 GANA9T SUITE 760 NEIL F MDER• BRENDA L DIEOENCHS ROYAL M SORENSEN COSTA MESA, CALIFORNIA 92926 GRAIN A NEW- "MILES M CAUDERON• JEFFREY KNIHIINGER WILLIAM A. VALLEpS /19141 9 8 91 17141 545-6669 PETER M THOMSONN• THOMAS L A7MAVER JFARY M PATTERION PATRICK L ENNGNT 7106 NORTH FRESNO STREET HAROLD A ENDING- NEAL E COSTANZO SUITE "I CHEMJ RARE' FENNY PAXTON FRESNO CALIFORNIA 017202930 RAYMONO J FUFNTEB• TIMOTHY CRFM NI OF COUNSEL 120912610163 IMWY 9 CAREER GREGORY O dK MARK C ALLEN JR VIRGINIA R 14504 KENNETH 0 ROZELL 6 PAUL SNIGUf6A DEVNA L BALLNSTER08 BURKE. WILLIAMS. SONENEEN l GAAR 8 DEREK STRAATSMA EIIZAEIEnN M CAILIANO LIGHTON PLAZA GONG KIRCHER CAROL VICTOR MOO COLLEGE BOULEVARD MICHELE R VADON HEATHER C BEATTY SUITE 220 woof FIELD K DIANE LUSHBOUGN OVERLAND PARK KANSAS 96210 MARY REDUS GAVLE• ELIZABETH R FEFFER 19191 330 6200 RUFUS C YOUNG JR CRAG 8 GUNTHER STEVEN O MINA PARK "E"°` °" June 9, 1995 OWRIGHWP WRITEA'8 DIRECT DIAL KATHRYN P PETERS. JOSEPH M MONTES 12131236 -2744 DAVID ALDERSONN OUR FILE NO 00111 -163 • PROFESSIONAL CONORAnoN I A NOfF89oNA ASSOCIATION ADMITTED N KANSAS A MISSOURI I ADMITTED N CALIFORNIA. KANSAS A MISSOUN • ADMITTED N CALIFORNIA A WASHINGTON D C • ADMITTED N KANSAS LAX2 129664 1 Laurie Jester, Senior Planner City of E1 Segundo 350 Main Street E1 Segundo, California 90245 RE: OPTIONS OF CITY TO REGULATE ALCOHOL USES Dear Laurie: This letter is in response to your request to outline the options that the City has to regulate alcohol uses through zoning and planning law. The City may regulate alcohol uses by any available zoning and planning approval mechanism including the following: allow use as of right, use subject to an administrative use permit, use subject to a Conditional Use Permit, or use subject to specific regulations set forth in Code. The only limitation on the City's regulation is that they must relate to zoning and planning issues. The City may, if it chooses to, subject all types of alcohol uses to a conditional use permit. In addition, the City can differentiate between different types of alcohol uses and subject them to different types of planning or zoning regulations. The City Council has requested that all alcohol uses be reviewed the Council. This may be accomplished through either of the following: (1) if the City chooses to regulate alcohol uses through an administrative use permit, the review may go straight III N4 AL S -sa Laurie Jester, Senior Planner City of E1 Segundo June 9, 1995 Page 2 from the Director to the City Council. If the City decides to regulate alcohol uses by a CUP process, the application must first go to the Planning Commission for a recommendation with final review and approval by the City Council. State law requires that applications for conditional use permits be subject to an appeal within the City. Therefore, the Planning Commission should, at a minimum, be involved in review of the application to satisfy this appeal requirement. (see Government Code Section 65901 - 65904). me. If you have any further questions, please feel free to call Sincerely, ✓� l��L mac= -r•-•� Timothy D. Cremin for BURKE, WILLIAMS & SORENSEN cc: Leland C. Dolley, City Attorney Mark D. Hensley, Assistant City Attorney [.AX2 129664 I 1y4 P/- --'r - ,".3