ORDINANCE 1520 ORDINANCE NO. 1520
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE
§§ 15-2-7, 15-2-14, 15-5F-8, AND 15-15-5 TO ALLOW OUTDOOR
DINING AREAS AND OUTDOOR GATHERING AREAS TO BE
LOCATED UP TO 5-FEET FROM A PROPERTY LINE IN THE MU-
S ZONE; TO MODIFY THE FRONT AND SIDE YARD SETBACK
REQUIREMENTS FOR BUILDINGS IN THE MU-S ZONE; AND TO
ALLOW ONSITE PARKING TO ENCROACH INTO INTERIOR
SIDE YARD AND REAR YARD SETBACK AND LANDSCAPED
SETBACK AREAS IN THE MU-S 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. On January 19, 2016, Continental Development Corporation filed an
application for Environmental Assessment No. EA-1143, Zone Text
Amendment ("ZTA") 16-01, Conditional Use Permit ("CUP") No. 16-01,
Administrative Use Permit ("AUP") No. 16-01, Administrative Adjustment
("ADJ") 16-04 and Off-Site Parking Covenant (MISC) 16-05 to amend
several sections of the El Segundo Municipal Code, demolish an existing
8,195 square foot (gross) restaurant building and redevelop the site with
three new buildings totaling 13,570 square feet to accommodate a bank, a
full service restaurant and two high turn-over restaurants, 3,700 square feet
of outdoor dining area, onsite sale and consumption of beer and wind, and
alcohol, a loading space within the parking lot drive aisle, and a parking
covenant for a portion of the required parking to be located offsite on an
adjacent property to the north (at 860 Apollo Street);
B� The project applications were reviewed by the City's Planning and Building
Safety Department for, in part, consistency with the General Plan and
conformity with the El Segundo Municipal Code ("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
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 July 14, 2016, the Planning Commission held a public hearing to receive
public testimony and other evidence regarding the proposed amendments,
including, without limitation, information provided to the Planning
Commission by City staff and public testimony;
ORDINANCE No. 1520
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E. On July 14, 2016, the Planning Commission adopted Resolution No. 2798
recommending the City Council approve Environmental Assessment No.
EA-1143 and Zone Text Amendment No. ZTA 16-01;
F. On August 2, 2016, the City Council held a public hearing and considered
the information provided by City staff and public testimony regarding this
Ordinance; and
G. 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 August 2, 2016 hearing and the staff
report submitted by the Planning and Building Safety Department.
SECTION 2: Environmental Assessment. Pursuant to the provisions of the California
Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"),
the State's CEQA Guidelines, California Code of Regulation, Title 14, Section 15000 et.
seq., and the City's Local CEQA Guidelines, the City of El Segundo prepared an Initial
Study and determined that the Amendments and related development project will have
less than significant impact on the environment with incorporation of the mitigation
measures included in the IS/MND and Mitigation Monitoring and Reporting Program.
A. The Initial Study/Mitigated Negative Declaration was available for public
review and comment from June 23, 2016 through July 14, 2016, and
throughout the public hearing process.
B. Copies of the draft Initial Study/Mitigated Negative Declaration were
distributed to the City Council, and prior to taking action on the proposed
Amendments and related development project, the City Council
independently reviewed and considered the information and findings
contained in the Mitigated Negative Declaration and determined that the
document was prepared in compliance with the requirements of CEQA and
local guidelines, with respect thereto.
SECTION 3: Findings. The City Council incorporates by reference all of the findings and
conclusions set forth in Planning Commission Resolution No. 2798 as if fully set forth
including, without limitation, the Initial Study/Mitigated Negative Declaration set forth in
Section 3 of Planning Commission Resolution No. 2798.
SECTION 4: ESMC §15-2-7(E) "Open Space Areas and Encroachments" is amended to
read as follows:
"15-2-7: OPEN SPACE AREAS AND ENCROACHMENTS:
The following open space and encroachment provisions are required for the indicated
zones.
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Page 3 of 6
E, Urban Mixed-Use South (MU-S) Zone: In addition to other encroachments in
nonresidential zoning districts, stairs; pedestrian ramps; and related safety
guardrails; patios, decks, and similar outdoor areas used as gathering spaces; and
outdoor dining areas, 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. Patios, decks, and similar outdoor areas used as gathering spaces, and
outdoor dining areas must be enclosed by walls, fences, and/or hedges.
These may be up to three feet six inches (3'6") in height and maintain at
least a five foot ('S') distance to a property line. Walls, fences, and/or
hedges may exceed three feet six inches (3'6") in height, provided that the
portion exceeding three feet six inches in height is of a transparent or
translucent material, subject to the review and approval of the Director of
Planning and Building Safety. These areas may be covered by a non-solid
trellis or pergola; or by a retractable awning, large umbrella or other similar
non-permanent cover which provides protection from rain, subject to the
approval by the Director of Planning and Building Safety."
SECTION 5: ESMC §15-2-14(B)(3)(a) "Landscaping (property perimeter)" is amended to
read as follows:
"15-2-14: LANDSCAPING:
B. Components: To achieve these purposes, the landscape criteria is divided into the
following components:
3. Property Perimeter: All required setback areas shall be fully landscaped
including permanent irrigation systems. The landscaping shall incorporate
the theme utilized for the public rights of way and one shade tree shall be
provided for every twenty five feet (25') of street frontage. The following
encroachments are permitted into the landscaped setback areas:
a. Parking spaces may encroach into the landscaped setback area up to a
maximum of fifty percent (50%) of the required setback area, provided a
minimum landscaped setback of five feet (5') is maintained. For
properties within the Mixed-Use South (MU-S) zone, parking spaces
may be located in interior side and rear setbacks up to the interior side
or rear property line, provided that the interior side or rear property line
does not abut a public or private street or driveway.
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SECTION 6: ESMC §15-5F-8(D) "Site Development Standards" is amended to read as
follows:
"15-5F-8: SITE DEVELOPMENT STANDARDS:
All uses within the MU-S zone shall comply with the development standards contained in
this section.
D. Setback:
1. Front Yard: Twenty feet (20') minimum; except that along Rosecrans
Avenue, a minimum setback of thirty feet (30') must be provided. Off street
parking may encroach upon the setback area, but may not diminish the
required amount of landscaping.
2. Side Yard: Twenty feet (20') minimum, unless one of the following
conditions exists:
a. If the side yard abuts property with a different Zoning classification, the
side yard setback shall be the average of the two (2) required side yard
setbacks, but not less than ten feet (10').
b. If the side yard abuts Rosecrans Avenue or Park Place, a minimum
setback of thirty feet (30') must be provided.
3, Rear Yard: Five feet (6) minimum, unless the rear yard adjoins an alley,
dedicated street, or public right of way, or if the primary access is through
the rear yard. In these cases, a minimum of thirty feet (30') shall be
provided.
SECTION 7: ESMC §15-15-5(D)(2) "Parking Area Development Standards
(nonresidential spaces)" is amended to read as follows:
"15-15-5: PARKING AREA DEVELOPMENT STANDARDS:
D. Parking Space Location:
2. Nonresidential Spaces:
a. Encroachment: Parking spaces may encroach into a required setback
up to a maximum of fifty percent (50%) of the required setback area,
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provided a minimum landscaped setback of five feet (5') is maintained.
For properties within the Mixed-Use South (MU-S)zone, parking spaces
may be located in interior side and rear setbacks up to the interior side
or rear property line, provided that the interior side and rear property line
does not abut a public or private street or driveway.
b. Minimum Landscaped Setback: Parking spaces that back up directly
into a driveway entrance must maintain a minimum landscaped setback
of twenty feet (20') from any street facing property line.
c. Access By Alley: Where vehicular access is provided by an alley,
parking may intrude into the required rear yard; provided, however, the
amount of setback intruded upon must be replaced by increasing the
other required yards on site by an equivalent amount.
SECTION 8: 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 5: ENFORCEABILITY. Repeal of any provision of the ESMC 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.
SECTION 10: 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 11: SEVERABILITY 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 1'2: 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 13: This Ordinance will go into effect and be in full force and effect on the thirty-
first (31st) day after its passage and adoption.
ORDINANCE No. 1520
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PASSED, APPROVED, AND ADOPTED ORDINANCE No. 1520 on this 16th day of
August, 2016.
wM
uz t 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. 1520 was duly introduced by said City Council at a regular meeting held
on the 2nd day of August, 2016, 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 16th day of August, 2016, and the same was so
passed and adopted by the following vote:
AYES: Mayor Fuentes, Mayor Pro Tem Boyles, Council Member Dugan, and
Council Member Brann
NOES: None
ABSENT: Council Member Pirsztuk
ABSTAIN: None
Tracy W avert; City Cler,�k"y,. I
APPROVED AS TO FORM:
Mark 'lensley, City rney