2006 SEP 19 CC PACKET - SUPPA L_ t—:: T -1ET`1 1
EL SEGUNDO CITY COUNCIL MEETING DATE: September 19, 2006
AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business
AGENDA DESCRIPTION:
Consideration and possible action (Public Hearing) regarding the introduction and first reading
of an Ordinance amending the El Segundo Municipal Code with regard to Chapter 15 -4A, the
Single - Family Residential (R -1) Zone Site Development Standards, Chapter 15 -1 regarding
Definitions, Chapter 15 -2 Open Space Encroachments, and Chapter 15 -15 Parking Standards
to allow the Use of Vehicle Lifts in the Single- Family Residential (R -1) and Two - Family
Residential (R -2) Zones (Fiscal Impact. None)
RECOMMENDED COUNCIL ACTION:
1) Open Public Hearing,
2) Discussion,
3) Introduce and waive first reading of an Ordinance amending the ESMC with regard to
Chapter 15-4A, the Single - Family Residential (R -1) Zone Site Development Standards,
Chapter 15 -1 regarding Definitions, Chapter 15 -2 Open Space Encroachments, and
Chapter 15 -15 Parking Standards to allow the Use of Vehicle Lifts in the Single - Family
Residential (R -1) and Two - Family Residential (R -2) Zones,
4) Schedule second reading and adoption of Ordinance on October 3, 2006, and /or
5) Alternatively, discuss and take other action related to this item
BACKGROUND & DISCUSSION:
At its September 14, 2006 meeting, the Planning Commission recommended unanimously to
the City Council to not approve the proposed amendments as drafted and to restudy several
areas and make changes to the Single - Family Residential (R -1) Zone Site Development
Standards proposed for amendment
(Continued on next page )
ATTACHED SUPPORTING DOCUMENTS:
2 Letters Received From The Public
FISCAL IMPACT- None
Operating Budget: N/A
Amount Requested: N/A
Account Number: N/A
Project Phase: N/A
Appropriation Required: Yes X No
Gary Zicots, Inte Director of Planning and Building Safety
REVIEWED DATE•
Je wart, City Manaqer
STAFF REPORT September 19, 2006
BACKGROUND & DISCUSSION: (cont.)
The Commission's recommendations are to restudy the following topics
Page 2
1 Whether or not a Floor Area Ratio requirement is needed with the proposed Lot
Coverage requirement
2 Re- examine the Lot Coverage requirement, particularly relating to the reduction
from 40% to 35% for two -story structures (concern about buildings now becoming
nonconforming)
3 Re -visit the purpose of the modulation requirement
4 Re- examine the 21 -foot height limit of accessory structures (concern that the height
limit is too low, particularly to build a structure with a gable roof thatwould match the
residence)
The Planning Commission also recommends that the City Council consider the following
1 To add an exception from the modulation requirements for "narrow" lots
2 To add an exception to the proposed maximum side setback requirement for lots
that are wider than 50 feet that would be required to provide a greater side setback
than the existing requirement of 5 feet The Commission recommended an
exception for single -story and two -story additions up to 500 square feet (similar to
the modulation exception for second -story addition up to 500 square feet)
3 Eliminate the requirement for three -car garages to have three individual garage
doors and to allow them to have a two -car door and one individual door for the third
stall
4 When the effective date should be for any newly adopted regulations go into effect
The Commission raised the specific concern is that single - family residential property
owners will have invested a lot in remodeling or building new homes and that they
will lose their rights to complete their projects under the existing regulations
It should be noted that any regulations that the Council would adopt would become
effective 30 days after the adoption date, Per State Law and standard practice, anyone
that does not have a building permit issued by the effective date would have to comply with
the new regulations, unless the Council adds language to the proposed Ordinance to
establish a different effective date
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To: City of El Segundo Planning Commission
From: Rodger Yeaton, 507 Arena Street 1 /1V PLANNING DIVISION
September 14, 2006
Re: Proposed R -1 Regulation Changes
As an El Segundo resident since 1957, I care about the small town atmosphere of our
town, however, I am concerned about the proposed R -1 regulation changes and their
impact on property values Although I am aware that some minor changes have been
made to the original draft, I am concerned that restrictions remain more severe than
necessary to respond to the attempt to limit "mansionization " Before you take action at
this meeting, I would like you to consider some of my major issues
• Every homeowner in town will be impacted by this change in regulations by
decreased real estate value (existing/potential square footage = dollars)
• If new R- I regulations make existing two story homes `legal, non-
conforming," can they be rebuilt as they are now after a fire or earthquake?
What are the insurance implications? This must be made clear in the new
regulations and to all residents
• People who bought single story homes with the intention of adding second
stones must change their plans or possibly may not be able to build to their
needs Shouldn't new regulations apply only to homeowners who purchase
homes after these regulations are enacted Buyers should be informed
• Not one of the examples of homes pictured during workshop presentations
could be built according the new regulations No existing two story house in
town could be built under the new regulations
• Four -foot mimmum second -story offset modulation is too extreme, It linuts
second story designs On an average lot, it would be impossible to build
ample, desirable -sized rooms Second story construction would be impossible
on a 25 foot lot under the new regulations A 1 -2 foot offset would be ample
for air circulation and design modulation However, an increase in lot
coverage to compensate for second story restrictions will affect open space,
sunlight, air circulation, etc
• The mixture of second -story modulations, lot coverage, and FAR
requirements severely limit design concepts and increase building and
engineering costs by at least 201/6 It would be even more difficult for
existing homeowners who want to add onto or modify their homes Do the
regulations need all three restrictions to achieve the goal?
Considering the impact these proposed changes will have on every property owner in El
Segundo, I believe we need further dialog from the community before action is taken on
this issue It would be irresponsible to consider overly - reactive changes to our building
codes when so much is at stake for every El Segundo property owner
air• -14 -2006 0403® PM BSTZ -LA 310 820 5988 P_02
W Thomas Babbitt
432 Hillcrest Street
El Segundo, California 90245
September 14, 2006
El Segundo Planning Commission
350 Main Street
El Segundo, California 90245
Via Facsimile (310) 322 -4167
Re, Proposed Changes to Side Family Residential (R -1) Zone
Dear Planning Commission
Please consider the following comments regarding the above - referenced zoning changes
The proposed changes to the Floor Area Ratio ( "FAR ") provide an exception for
basements "as long as 80% of the exterior perimeter walls [of the basement] are fully below
natural grade." This exception discriminates against owners of hillside properties, particularly
those owners of lots that slope (the natural grade slopes) downward from the facing street In
such cases, basements are a necessity and yet such basemcnts cannot be built with 800/0 of the
exterior perimeter walls fully below natural grade Attached is a sketch of my- property at 432
Hillcrest Street to illustrate my concern.
By counting a basement of a hillside home in the FAR, the Planning Commission limits
the ability of property owners to build two -story homes (exclusive of any basement).
I propose striking the inclusion of all basements in the FAR Alternatively, at a
minimum, I propose amending the exception to basements as follows
"as long as 80% of the exterior perimeter walls [of the
basement] are fully below natural grade of the facing street"
1 appreciate youi consideration of my concei ns
RespeptRilly submitted,
J
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W Thomas Babbitt
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EL SEGUNDO CITY COUNCIL MEETING DATE: September 19, 2006
AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business
AGENDA DESCRIPTION:
Supplemental staff report for consideration and possible action (Public Hearing) regarding the
Introduction and first reading of an Ordinance amending the Downtown Specific Plan regarding
building height restrictions (Fiscal Impact None)
RECOMMENDED COUNCIL ACTION:
1) Open Public Hearing,
2) Discussion,
3) Introduce and waive first reading of an Ordinance amending the SSMC with regard to
development standards, and other matters, In the Downtown Specific Plan,
4) Schedule second reading and adoption of Ordinance on October 3, 2006, and /or
5) Alternatively, discuss and take other action related to this Item
BACKGROUND & DISCUSSION:
At Its meeting of September 14, 2006, the Planning Commission unanimously voted not to
recommend the draft ordinance to the City Council The Planning Commission generally
believes that the regulations are sufficient to preserve aesthetics within the DSP area and no
changes to the DSP are desirable Staff Is recommending no changes to the draft ordinance
that you received last week
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: None
Operating Budget, NIA
Amount Requested: NIA
Account Number: NIA
Project Phase. N/A
Appropriation Required: _Yes X No
'-a-,� e " / ll i v "
Gary D (cots, Int m Director of Planning and Building Safety
REVIEWED BY: / DATE: e A d 7,/
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EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
MEETING DATE:
AGENDA HEADING
September 19, 2006
Orders of Business
Consideration and possible action (Public Hearing) regarding the Introduction and first reading
of an Ordinance amending the El Segundo Municipal Code as it relates to nonconforming
buildings and uses in the Heavy Industrial (M -2) Zone (Fiscal Impact None)
RECOMMENDED COUNCIL ACTION-
1 ) Open Public Hearing,
2) Discussion,
3) Introduce and waive first reading of an Ordinance amending the ESMC regarding
nonconforming uses within the Heavy Industrial (M -2) Zone,
4) Schedule second reading and adoption of Ordinance on October 3, 2006, and /or
5) Alternatively, discuss and take other action related to this item
ZLr3:(e3�11111111l: 101I4 d 1 -Id111 [Sr
On September 14, 2006, the Planning Commission reviewed the proposed amendment to the
El Segundo Municipal Code ( "ESMC ") to reduce the time period allowed for nonconforming
uses and buildings within the Heavy Industrial (M -2) Zone to remain vacant and still retain the
right to maintain a legal nonconforming use The Planning Commission recommended
unanimously that the City Council approve the proposed ordinance with a modification to
eliminate the allowance for an exception for buildings that are actively available for lease and
occupancy Planning and Building Safety staff has prepared a revised version of the
ordinance that reflects the Planning Commission's recommendation for the Council's
consideration (see attached draft ordinance)
ATTACHED SUPPORTING DOCUMENTS:
1 Draft Ordinance as recommended by the Planning Commission
FISCAL IMPACT: None
Operating Budget. N/A
Amount Requested: N/A
Account Number: N/A
Project Phase- N/A
Appropriation Required; _ Yes X No
UlKlU71NAZItU :4:� UATIl
Gary D Chicots. Inter Director of Plannina and Buildma Safetv
DATE- 9
1ty Manager *1 11
P \Planning & Building Safet�APROJECTS701- 725 \EA - 721 \Council Docs\2006 09 19 EA -721CC SR Supplement doc �/7
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 15 -21 -6 OF THE EL SEGUNDO
MUNICIPAL CODE ( "ESMC ") AND ADD A NEW 15 -21 -8 TO THE ESMC
TO REGULATE NONCONFORMING BUILDINGS AND USES WITHIN
THE HEAVY INDUSTRIAL (M -2) ZONE.
The City Council of the city of El Segundo does ordain as follows
SECTION 1 The City Council finds and declares as follows
A A review of the El Segundo Municipal Code ( "ESMC ") shows that there
are numerous updates that would be prudent to be made to various
regulations for zoning and other, similar, matters,
B This Ordinance is intended to update, clarify, and bring certain provisions
of the City's nonconforming use regulations into conformance with current
policies and procedures,
C On December, 2005, the City Council directed staff to prepare an
amendment to the El Segundo Municipal Code ( "ESMC ") to reduce the
time period allowed for nonconforming uses and buildings within the
Heavy Industrial (M -2) Zone to remain vacant and still retain the right to
maintain a legal nonconforming use,
D This process was initiated in order to remove the inequity of allowing
certain nonconforming uses and buildings within the Heavy Industrial (M-
2) Zone to maintain a legal nonconforming use without a demonstrable
good faith attempt to either promptly bring the property or building in
compliance with existing laws or continue using the nonconforming
building or use,
E There is a strong public interest in ensuring that such nonconforming uses
and buildings be required to comply with current laws and regulations,
F Based upon the evidence collected during the public hearing before the
Planning Commission, staff recommendations, evidence submitted during
the City Council public hearing, and Council deliberations, it is in the public
interest to adopt this Ordinance to amend the ESMC,
G The ESMC amendments effectuated by this Ordinance are intended to
strike a fair balance between business interests within certain parts of the
City and the public's interest in applying the zoning regulations of the
ESMC fairly and equitably
Page 1 of 4
SECTION 2 ESMC § 15 -21 -6 is amended to read as follows
"15 -21 -6: NONRESIDENTIAL RESTRICTIONS:
Except as otherwise provided for the Heavy Industrial (M -2) Zone, Aall legal or
legal nonconforming uses or buildings, in existence as of the effective date
hereof, within the nonresidential use categories and all previously designated
commercial properties which have been designated multi - family residential zones
by the 1992 general plan, with the exception of Smoky Hollow, which are now
legal nonconforming or become legal nonconforming due to changes in the land
use designation or zoning criteria under this title, are permitted to rebuild or
remodel subject to the following requirements
A Until May 6, 2006, a nonconforming budding or nonconforming use within
any commercial or industrial zoning category may be increased one time
by a maximum of twenty percent (20 %) or fifteen thousand (15,000)
square feet, whichever is less The expansion itself must meet the
requirements of this title related to setbacks, lot coverage, height and
parking, but is not required to compensate for any deficiency or
nonconformity in the original building or use Expansions allowed by this
section before May 6, 2006, require a conditional use permit issued
pursuant to sections 15 -23 -4 to 15 -23 -13 of this title Wherever these
sections refer to the proposed "use" the term "expansion" shall be utilized
for purposes of making a determination under this section
B After May 6, 2006, a nonconforming budding or nonconforming use within
any commercial or industrial zoning category may be increased up to the
maximum allowable floor area ratio (FAR) as determined by this title or the
El Segundo general plan The expansion must meet the requirements of
this title related to setbacks, lot coverage, height and parking, but is not
required to compensate for any deficiency or nonconformity in the original
budding or use
C Except as otherwise provided for Heavy Industrial (M -2) Zone, 1if a
nonconforming budding remains vacant for a period of twelve (12)
consecutive months, it must be upgraded to meet all requirements of this
title before occupancy, except buildings which are actively available for
lease and occupancy, or are being remodeled pursuant to permit or
subject to section 15 -21 -3 of this chapter are not considered vacant for
purposes of this section
D Except as otherwise provided for the Heavy Industrial (M -2) Zone aA
nonconforming use in a conforming or nonconforming budding may be
Page 2 of 4
replaced with another similar nonconforming use, provided the budding is
not vacant for more than twelve (12) consecutive months, except buildings
which are actively available for lease and occupancy, or are being
remodeled pursuant to permit or subject to section 15 -21 -3 of this chapter,
are not considered vacant for purposes of this section "
SECTION 3 A new § 15 -21 -8 is added to the ESMC to read as follows
"15 -21 -8: RESTRICTIONS FOR THE HEAVY INDUSTRIAL (M -2) ZONE.
A If a nonconforming building within a Heavy Industrial (M -2) Zone remains
vacant for a period of six (6) consecutive months, it must be upgraded to
meet all requirements of this title before occupancy, except buildings that
are being remodeled pursuant to permit or subiect to section 15 -21 -3 of
this chapter are not considered vacant for purposes of this section
B A nonconforming use in a conforming or nonconforming building located
than six (6) consecutive months, except buildings that are being
remodeled pursuant to permit or subject to section 15 -21 -3 of this chapter,
are not considered vacant for purposes of this section "
SECTION 4 Environmental Assessment The City Council determines that this
Ordinance is exempt from review under the California Environmental Quality Act
(California Public Resources Code §§ 21000, et seq , "CEQA ") and the regulations
promulgated thereunder (14 California Code of Regulations §§ 15000, et seq , the
"State CEQA Guidelines ") because it consists only of minor revisions and clarifications
to an existing zoning code and specification of procedures related thereto and will not
have the effect of deleting or substantially changing any regulatory standards or findings
required therefor The proposed Ordinance is an action that does not have the potential
to cause significant effects on the environment, but rather will help reduce the impact of
nonconforming uses on the environment Accordingly, the proposed Ordinance
constitutes a Class 1, Class 4, Class 5, and Class 8 categorical exemption
SECTION 5 Repeal or amendment of any provision of the ESMC herein will not affect
any penalty, forfeiture, or liability incurred before, or preclude prosecution and
imposition of penalties for any violation occurring before, this Ordinance's effective date.
Any such repealed part will remain in full force and effect for sustaining action or
prosecuting violations occurring before the effective date of this Ordinance
SECTION 6 If any part of this Ordinance or its application is deemed invalid by a court
of competent jurisdiction, the City Council intends that such invalidity will not affect the
effectiveness of the remaining provisions or applications and, to this end, the provisions
Page 3 of 4
of this Ordinance are severable
SECTION 7 The City Clerk Is directed to certify the passage and adoption of this
Ordinance, cause it to be entered into the City of El Segundo's book of original
ordinances, make a note of the passage and adoption in the records of this meeting,
and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it
to be published or posted in accordance with California law
SECTION 8 This Ordinance will become effective on the thirty-first (31st) day following
its passage and adoption
PASSED AND ADOPTED this day of 2006
Kelly McDowell, Mayor
ATTEST
Cindy Mortesen, City Clerk
APPROVED AS TO FORM
MARK D HENSLEY, City Attorney
Karl H Berger, Assistant City Attorney
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