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ORDINANCE 1496 ORDINANCE NO. 1496 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE §§ 15 -1 -6, 15 -2 -7, AND 15 -21 -6 TO ALLOW ARCHITECTURAL LANDSCAPE FEATURES, ARCHITECTURAL BUILDING FEATURES; UNROOFED PATIOS AND DECKS; STAIRS; RAMPS; AND SAFETY GUARDRAILS TO ENCROACH INTO REQUIRED SETBACKS IN THE URBAN MIXED -USE SOUTH (MU -S) ZONE; AND TO AMEND THE DEFINITION OF ARCHITECTURAL LANDSCAPE FEATURES. The City Council of the City of El Segundo does ordain as follows: SECTION 1: The City Council finds and declares as follows: A. On July 28, 2014, the applicant, 2120 Park Place, LP, 2121 Park Place, LP, and 800 Apollo, LP, submitted an application for Environmental Assessment No. EA -1076 and Zone Text Amendment No. ZTA 14 -03 to the El Segundo Municipal Code ( "ESMC ") to allow Architectural Landscape Features, Architectural Building Features, unroofed patios and decks, stairs, ramps and safety guardrails to encroach into required setbacks in the Urban Mixed -Use South (MU -S) Zone; and to amend the definition of Architectural Landscape Features; B. The application was reviewed by the City's Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the ESMC; C. The City reviewed the project's environmental impacts under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA ") and the regulations promulgated thereunder (14 California r'_nr,= of Rortiit ,ntinnc RR 1F()rn I. c.c,., ±hr. 1°('Cr1n ( ..:�..1: _" »� ,,--I i4_ JJ :.: .: .: .:, o..:.j., �c �.., vl_wXr-% viUiuuiii ica ), ai iu a IG City's Environmental Guidelines (City Council Resolution No. 3805, adopted March 16, 1993); D. The Planning and Building Safety Department completed its review and scheduled the public hearing regarding the application before the Planning Commission for August 14, 2014; E. On August 14, 2014, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the proposed amendment, including, without limitation, information provided to the Planning Commission by City staff and public testimony, F. On August 14, 2014, the Planning Commission adopted Resolution No. 2753 recommending the City Council approve Environmental Assessment Page 1 No. EA -1076 and Zone Text Amendment No. ZTA 14 -03; G. On October 7, 2014, the City Council held a public hearing and considered the information provided by City staff and public testimony regarding this Ordinance; and H. This Ordinance and its findings are made based upon the entire administrative record including, without limitation, testimony and evidence presented to the City Council at its October 7, 2014 hearing and the staff report submitted by the Planning and Building Safety Department. SECTION 2: Environmental Assessment. Adopting this Ordinance is exempt from further environmental review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures for operation of existing facilities; minor temporary use of land; minor alterations in land use; new construction of small structures; and minor structures accessory to existing commercial facilities. This Ordinance, therefore, is categorically exempt from further CEQA review under CEQA Guidelines §§ 15301; 15303; 15304(e); 15305; and 15311. Further, the adoption of this Ordinance is also exempt from review under CEQA pursuant to CEQA Guidelines § 15061(b)(3) because the Ordinance is for general policies and procedure- making. This Ordinance does not authorize any new development entitlements, but simply establishes policies and procedures for allowing the previously approved project to be constructed. Any proposed project that will utilize the changes set forth in this Ordinance will be subject to CEQA review as part of the entitlement review of the project. The Ordinance will not adversely impact the environment and is therefore exempt from the provisions of CEQA. SECTION 3: Findings. The City Council incorporates by reference all of the findings and conclusions set forth in Planning Commission Resolution No. 2753 as if fully set forth including, without limitation, the Environmental Assessment set forth in Section 3 VI f1VJVIULIV1I INV. G% 00. SECTION 4: The definition of "Architectural Landscape Features: set forth in ESMC §15 -1 -6 is amended to read as follows: ARCHITECTURAL LANDSCAPE FEATURES: Small landscape structures, such as fountains, arbors, trellises, pergolas, colonnades, statuary, benches, bench walls, landscape planter walls not exceeding three feet in height, and other similar features, as well as works of art which do not contain floor area. Arbors, trellises, pergolas, colonnades, and other similar features, as well as works of art cannot consist of a roof or side walls greater than twenty percent (20 %) component solid portions when considered as Architectural Landscape Features. These features are not "structures," as defined in this section, for setback purposes. Page 2 SECTION 5: A new subsection E is added to ESMC §15 -2 -7 to read as follows: 11* E. Urban Mixed -Use South (MU -S) Zone: In addition to other encroachments in nonresidential zoning districts, stairs; pedestrian ramps; and related safety guardrails; and unroofed patios; and decks may be located within setback areas as follows: 1. Stairs, pedestrian ramps, and related safety guardrails must maintain at least a three -foot (3') distance to a lot line. 2. Unroofed patios and decks must be enclosed by walls, fences, and /or hedges. These may be up to three (3') feet and six (6') inches in height maintain at least a ten -foot (10') distance to a property line. Unroofed patios and decks enclosed by walls, fences, and /or hedges exceeding three (3') feet and six (6) inches in height must maintain at least a 15 -foot distance to a lot line." SECTION 6: ESMC §15- 21 -6(B) "Nonresidential Restrictions," is amended to read as follows: B. After May 6, 2006, a nonconforming building 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 building or use, except as follows: 1. In the Urban Mixed -Use South (MU -S) Zone, Architectural Building Features may project up to five (5') feet from the existing building face into rani drarl ca +hark nraae hl I+ mi iet mnin+nin n+ lone+ n 1 F_fnn+ Aitn+�nno .. ..... ......'..... vv. vvavanv.• ti•vanv, van• ...anva ���an�l �aaAlll aAa IVaAVa N 1V -1VVa \AIJIGIIIlG to a lot line." SECTION 7: CONSTRUCTION. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 8: ENFORCEABILITY. Repeal of any provision of the El Segundo Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. Page 3 SECTION 9: VALIDITY OF PREVIOUS CODE SECTIONS. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the ESMC or other city ordinance by this Ordinance will be rendered void and cause such previous ESMC provision or other the city ordinance to remain in full force and effect for all purposes. SECTION 10: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 11: 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. Page 4 SECTION 12: This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. PASSED AND ADOPTED this 21st day of October, 2014. Suzan We Fuentes, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 1496 was duly introduced by said City Council at a regular meeting held on the 7th day of October, 2014, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 21st day of October, 2014, and the same was so passed and adopted.by the following vote: AYES: NOES: ABSENT: h: ► a �l Tracy Weaver;