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;
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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.
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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.;
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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
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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
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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.
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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
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