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ORDINANCE 1497ORDINANCE NO. 1497 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE ( "ESMC ") § §15 -1 -6, 15 -6A -2, 15- 6A -11, AND 15 -8 -2 TO ADD A DEFINITION OF "EMERGENCY SHELTERS "; TO ALLOW EMERGENCY SHELTERS AS A PERMITTED USE IN THE LIGHT INDUSTRIAL (M -1) ZONE; TO ESTABLISH DEVELOPMENT STANDARDS FOR EMERGENCY SHELTERS; AND TO REMOVE THE MANAGED PRODUCTION OF RESOURCES ON AGRICULTURAL LANDS AS A PERMTTED USE IN THE OPEN SPACE (O -S) ZONE FOR THE PURPOSE OF COMPLYING WITH THE 2013 -2021 HOUSING ELEMENT OF THE EL SEGUNDO GENERAL PLAN. (EA NO. 1066 and ZTA NO. 14 -02) 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 May 14, 2014, the City of El Segundo filed an application for Environmental Assessment No. EA -1066 and Zone Text Amendment No. ZTA 14 -02. The application proposes an ordinance to amend the El Segundo Municipal Code ( "ESMC ") to add a definition of "Emergency Shelters "; to allow Emergency Shelters as a Permitted Use in the Light Industrial (M -1) Zone; to establish development standards for Emergency Shelters; and to remove the managed production of resources on agricultural lands as a permitted use in the Open - Space (OS) Zone for the purpose of compliance with the 2013 -2021 Housing Element of the El Segundo General Plan (the "project "); B. The application was prepared and reviewed by the City's Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with ESMC; v. i i is viiy i vv i�.v'v%if Li iu Pi vjci:i 5 ci ivii VI n i Icl IlG1i n 11'.JalrW UI IUGI 1110 l.iAlll VI I Ild Environmental Quality Act (California Public Resources Code § §21000, et seq., "CEQA ") and the regulations promulgated thereunder (14 California Code of Regulations § §15000, et seq., the CEQA Guidelines ") and the City's Environmental Guidelines (City Council Resolution No. 3805, adopted March 16, 1993); D. On August 28, 2014, the El Segundo Planning Commission adopted Resolution No. 2756 recommending that the City Council adopt this Ordinance; E. On September 16, 2014 the City Council held a public hearing and considered the information provided by City staff, public testimony, and the Planning Commission's recommendations regarding this Ordinance, closed the Public Hearing and continued the matter to October 7, 2014; F. On October 7, 2014 the City Council considered the information provided by City staff including a revised draft Ordinance, public testimony, and the Planning Commission's recommendation regarding this Ordinance; and G. The SSMC amendments effectuated by this Ordinance are made based upon the entire administrative record including, without limitation, testimony and evidence presented to the City Council at its September 16, 2014 and October 7, 2014 hearings and the staff reports submitted by the Planning and Building Safety Department. SECTION 2: ESMC § 15 -1 -6 is amended to add the following definitions: DIRECTOR: The director of planning and building safety, or designee. EMERGENCY SHELTER: Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay in accordance with Health and Safety Code § 50801(e). HOMELESS PERSON: Has the same definition set forth in 42 U.S.C. § 11302. SECTION 3: ESMC & 15 -6A -2 is amended to read as follows: "15 -6A -2: PERMITTED USES: The following uses are permitted in the M -1 Zone: A. Emergency shelters. B. Fiberglass products, continuous filament lamination of. C. General offices and establishments for research, professional and technical services. D. General storage, warehousing and ministorage. E. High and medium bay labs. 2 F. Light manufacturing uses and related offices. G. Manufacturing and assembly of electrical appliances, electronic instruments and devices, radios and phonographs, including the manufacturing of small tools and parts such as coils, condensers, transformers, crystal holders, etc. H. Manufacturing of cleaning agents, waxes and finishes. 1. Manufacturing of cutlery, hardware, and hand tools and kitchen utensils. J. Manufacturing, processing and packaging of pharmaceuticals, drugs, toiletries and cosmetics, except soap. K. Public facilities, including, but not limited to, fire and police facilities, post offices, and libraries. L. Public utilities, including, but not limited to, power substations and telephone exchanges. M. Recreation facilities (public and private). N. Restaurants and cafes. O. Other similar uses approved by the director as provided by Chapter 22 of this title." SECTION 4: ESMC § 15 -6A -11 is added to read as follows: "15- 6A -11: EMERGENCY SHELTERS DEVELOPMENT STANDARDS: A. Emergency Shelters. Emergency Shelters are subject to the following development standards: 1. Not more than one emergency shelter is permitted within a radius of three hundred (300) feet from another emergency shelter. 2. No emergency shelter will be permitted within three hundred (300) feet of residentially zoned property, El Segundo public or private schools, El Segundo parks and open space, or child care facilities. 3. The emergency shelter facility may provide one or more of the following specific facilities and services including, without limitation: a. Child care facilities. b. Commercial kitchen facilities designed and operated in compliance with Health and Safety Code §§ 113700, et seq.; 9 c. Dining area; d. Laundry; e. Recreation room; and f. Support services (e.g., training, counseling). 4. Not more than twelve persons can be served on a nightly basis 5. Maximum length of stay of a person in an emergency shelter is limited to one hundred eighty (180) days in any 12 -month period. 6. The facility must provide a minimum of 50 gross square feet of personal living space per person served, not including space for common areas. 7. Emergency shelters may operate 24 -hours a day to provide sleeping facilities and other facilities and services. Admittance and intake processing of emergency shelter clients is limited to 7:00 AM to 10:00 PM daily. Delivery hours are limited to 7:00 AM to 6:00 PM daily. Refuse collection is limited to 7 :00 AM to 8:00 PM daily. 8. Each emergency shelter must have an on -site management office, with at least one (1) employee present at all times the emergency shelter is in operation. A minimum of two (2) employees must be on duty when more than ten (10) beds are occupied. 9. Each emergency shelter must have on -site security employees, with at least one (1) security employee present at all times the emergency shelter is in operation. 10. Staging drop -off, intake, and pick -up of emergency shelter clients must take place inside a building, at a rear or side entrance not adiacent to a public right -of- way, or in an interior courtyard. Any exterior waiting areas must be physically and visually separated from public view of a right -of -way with a minimum six (6) foot tall decorative masonry wall and /or a six (6) foot tall hedge or similar mature landscaping as approved by the director. Floor plans for the emergency shelter must be submitted with the building plans that show the size and location of any proposed interior and /or exterior waiting or resident intake areas. 11. Outdoor recreation activities may be conducted at the facility subject to the same physical and visual separation requirements as exterior waiting areas as set forth in this Section. 12. Off - street parking must be provided as set forth in this Code, except that the number off - street parking spaces provided must be one (1) parking space per three (3) beds, plus one (1) parking space per employee on duty with a minimum of three (3) employee parking spaces. Notwithstanding this requirement, the 0 required number of off- street parking spaces cannot exceed the spaces required for similar uses of the same size in the M -1 Zone. 13. Exterior lighting must be provided at all building entrances and outdoor activity areas, and must be activated between sunset and sunrise of each day. All exterior lighting must comply with this Code. 14. Facilities must provide a storage area for refuse and recyclables and must be fully screened from public view of any public right -of -way and be enclosed by a solid wall or fence, in accordance with this Code. The refuse and recyclable storage area must be large enough to accommodate the number of bins that are required to provide the facility with sufficient service so as to avoid the overflow of material outside of the bins provided. 15. Emergency Shelter application requests and building plans for emergency shelters must be submitted to the director, and if the application and building plans meets all applicable standards in this Code, including design, development, and any other state or local requirement, the Emergency Shelter application may be approved by the director. Emergency Shelter applications must be approved before a building permit may be issued." SECTION 5: ESMC § 15 -8 -2 is amended to read as follows: "15 -8 -2: PERMITTED USES: The following uses are permitted in the O -S Zone: A. Public outdoor recreation, including, without limitation, ball parks and bleachers, swimming pools, parks and other areas of active or passive recreational usage; trails and other suitable corridors including off -road bicycle paths. B. The preservation and conservation of natural resources, including, without limitation, areas required for the preservation of plant and animal life and areas required to provide visual relief from intense urban development and growth. C. The managed production of mineral deposits. D. The regulation of areas for public health and safety, including, without limitation, areas which require special management or regulation because of hazardous or special conditions. E. Other similar uses approved by the director, as provided by Chapter 22 of this title." SECTION 6: Environmental Determination: The City Council determines that this Ordinance is exempt from further environmental review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQK) and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures for construction and operation of new small 9 commercial facilities. Specifically, the proposed ordinance would allow Emergency Shelters as a permitted use in the Light Industrial (M -1) Zone; remove managed production of resources on agricultural lands as a permitted use in the Open -Space (OS) Zone; and implement minor revisions and clarifications to existing regulations and specification of procedures related to housing and will not have the effect of substantially changing regulatory standards or findings. The project, therefore, is categorically exempt from further CEQA review under CEQA Guidelines § 15303. Further, the project is also exempt from review under CEQA pursuant to CEQA Guidelines § 15061(b)(3) because the project is for general policies and procedure - making. The project does not authorize any new development entitlements, but simply establishes policies and procedures. Any proposed project that will utilize the changes set forth in the proposed ordinance will be subject to CEQA review as part of the entitlement review of that project. The project will not adversely impact the environment and is therefore exempt from the provisions of CEQA. SECTION 7: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 8: Each and every one of the findings and determinations in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole. SECTION 9: 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. R SECTION 10: 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. Atip Suzan4 Fuentes, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy S. 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 is five; that the foregoing Ordinance No. 1497 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: r_ k v Tracy S. Weave, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney By: P K k ! PP Karl H. Berg A istant City Attorney 7