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ORDINANCE 1552 ORDINANCE NO. 1552 AN ORDINANCE AMENDING VARIOUS SECTIONS EL SEGUNDO MUNICIPAL CODE (ESMC) TITLE 15 (ZONING CODE). (ZONE TEXT AMENDMENT NO. 16-05) The City Council of the city of EI Segundo does ordain as follows: SECTION 1: The Council finds and declares as follows: A. On June 23, 2016, the City initiated the process to amend various sections of ESMC Title 15 (Zoning Code). B. The City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA"), the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the "CEQA Guidelines"), and the City's Environmental Guidelines (City Council Resolution No. 3805, adopted March 16, 1993); Ca The Planning and Building Safety Department completed its review and scheduled a public hearing regarding the application before the Planning Commission for June 8, 2017; D. On June 8, 2017, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Planning Commission by city staff; and, adopted Resolution No. 2819 recommending that the City Council approve the proposed project; E. On July 5, 2017, the City Council held a public hearing and considered the information provided by City staff and public testimony regarding this Ordinance; and F. 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 July 5, 2017 hearing and the staff report submitted by the Planning and Building Safety Department. SECTION 2: Factual Findings and Conclusions. The City Council finds that implementing the proposed ordinance would result in the following: A. Add daycare centers to the permitted uses in the CRS and C-2 zones; ORDINANCE No. 1552 Page 2 of 10 B. Remove video arcades from the uses subject an administrative use permit and a conditional use permit in the CRS and C-2 zones; C. Add animal hospitals to the permitted uses in the C-2 zone; D. Add fitness centers to the permitted uses in the C-2 zone; E. Add car rental agencies to the uses subject to a conditional use permit in the C-2 zone; F. Add studios for film and photography (production studios) to the permitted uses in the SB zone; SECTION : General Plan Findings. As required under Government Code Section 65860, the ESMC amendments proposed by the Ordinance are consistent with the EI Segundo General Plan as follows: A. The proposed ordinance is consistent with Goal LU4 of the General Plan Land Use Element in that it will permit new commercial uses, such as animal hospitals, daycare centers, and fitness centers, which will promote a mixed- use environment in existing commercial areas. B. The proposed ordinance is consistent with Objective LU4-4 of the General Land Use Element in that it will permit new uses in existing commercial and industrial areas, such as animal hospitals, daycare centers, fitness centers, car rental agencies, and production studios, which have the potential to maximize economic benefit, reduce traffic impacts, and encourage pedestrian environments. C. The proposed ordinance is consistent with Objective ED1-2 of the General Plan Economic Development Element in that would permit several new uses in existing commercial and industrial areas, which promotes the diversification of the City's retail and commercial base. SECTION 4: Zone Text Amendment Findings. In accordance with ESMC Chapter 15-26 (Amendments), and based on the findings set forth in Section 2, the proposed ordinance is consistent with and necessary to carry out the purpose of the ESMC as follows: A, The ordinance is consistent with the purpose of the ESMC, which is to serve the public health, safety, and general welfare and to provide the economic and social advantages resulting from an orderly planned use of land resources. B, The ordinance is necessary to facilitate the development process and ensure the orderly development of buildings, parking areas, landscaping, and the location of uses in the City. The intent of the ordinance is to clarify definitions of terms, the permitted uses, and the development standards in ORDINANCE No. 1552 Page 3 of 10 various zones, which will facilitate and expedite the development process and provide economic and social benefits resulting from the orderly planned use of land resources. SECTION_5: Environmental Assessment. Pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000, et seq. ("CEQA"), and the regulations promulgated thereunder(14 California Code of Regulations §§ 15000, et seq., the "State CEQA Guidelines"), the proposed ordinance is exempt from further review, because it consists only of minor revisions and clarifications to existing zoning regulations and related procedures. It does not have the effect of deleting or substantially changing any regulatory standards or findings required thereof. The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment. In addition, any environmental impacts associated with this ordinance are adequately addressed in the General Plan FEIR. Accordingly, this ordinance is consistent with the General Plan FEIR and is exempt from further environmental review requirements under the California Environmental Quality Act. Furthermore, this ordinance constitutes a component of the EI Segundo Municipal Code which the Planning Commission determined to be consistent with the FEIR for the City of El Segundo General Plan on December 1, 1992. Accordingly, no further environmental review is required pursuant to 14 Cal. Code Regs. § 15168(c)(2). SECTION 6: Section 15-5A-2 (Downtown Commercial (C-RS) zone permitted uses) is amended to read as follows: "The following uses are permitted in the C-RS zone: A. Billiard-pool rooms and bowling alleys. B. Financial institutions. C. Daycare centers. OD. General offices. OE. Government buildings (including offices, police and fire stations, parking and related buildings). U. Medical-dental offices. G. Restaurants, delicatessens, and cafes (excluding dancing and entertainment). GH. Retail uses providing sales (excluding off site alcohol sales) and services. HI. Schools. ORDINANCE No. 1552 Page 4 of 10 U Other similar uses approved by the dDirector of-piannirg-arRd-t uildin ty, as provided by chapter 22 of this title." SECTION 7: Section 15-5A-4 (Downtown Commercial (C-RS) zone uses subject to administrative use permit) is amended to read as follows: "A. The off site sale of alcohol at retail establishments. B. The on site sale and consumption of alcohol at restaurants, drive-through restaurants, and delicatessens. OC. Other similar uses approved by the dDirector o plannin,g-%and--htailding-&afety, as provided by chapter 22 of this title." SECTION 8: Section 15-5A-5 (Downtown Commercial (C-RS) zone uses subject to conditional use permit) is amended to read as follows: "The following uses are allowed subject to obtaining a conditional use permit, as provided by chapter 23 of this title: A. Assembly halls. B. On site sale and consumption of alcohol at bars. C. QuWoord.inin piing eatds;outdoor-a ini�-at;-Maur t&-a-nd4r4ve414rough rootaorarrts wle�tato�dtrin �rmptw�fy-pest(� afhc total 4n4ing_-area-of..etf� orant r rive tl�+�l rost�r�t„ hut-n ceodin tw hund d-( + tiar t.Gf-floo area-.Outdooar +diningii areas for restaurants., except cafds, that are larcier than 200 sauuare feet. D. Service stations, if a five-i d-feet400 ) 500-foot minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard. .-�i �re,ade�witl�-ft�r'4 �"�r�reoa. ol�ir►�: FE. Other similar uses as approved by the 4Director of Ilawi M ndtilrlt fet-yy, as provided by chapter 22 of this title." SECTION g: Section 15-513-2 (Neighborhood Commercial (C-2) zone permitted uses) is amended to read as follows: "The following uses are permitted in the C-2 zone: ORDINANCE No. 1552 Page 5 ot' i 0 A. Animal Hospitals. B. Davcare Centers. C. Fitness Centers. AD, General and medical-dental offices. BE. q _-bu"ot­I4m it-e,�rbeaut�y/ba-r ef-&149p,",nd markets.lPersonal Services C.-Ne-ig4borho od servi-ng-oorn,ffl OF. Public uses, including, but not limited to, fire and police stations, post offices and libraries. E-G. Recreational facilities (public and private). H. Restaurants and cafes. I. Retail Sales. GJ. Other similar uses approved by the dDirector of-oomm+�,mty-, eGGneffG--anfi devek4prnertt-serviGes, as provided by chapter 22 of this title." SECTION 10., Section 15-513-4 (Neighborhood Commercial (C-2) zone uses subject to administrative use permit) is amended to read as follows: "A. The off site sale of alcohol at retail establishments. B. The on site sale and consumption of alcohol at restaurants, drive-through restaurants, and delicatessens. rocs-. OC. Other similar uses approved by the dDirector of-coo mm-unit,", GoG-aod developsT-ie+it-seFvic,es, as provided by chapter 22 of this title." SECTION 11: Section 15-5B-5 (Neighborhood Commercial (C-2) zone uses subject to conditional use permit) is amended to read as follows: "The following uses shall be allowed subject to obtaining a conditional use permit, as provided by chapter 23 of this title. A. Bed and breakfast inns. ORDINANCE No. 1552 Page 6 of 10 B. Car rental agencies. 9C. On site sale and consumption of alcohol at bars. C. We-thfGugh "OY9F4ess-of4h-e-total b,t-tndre,d-kM)-s,q,L+ar-e-fe.et-of4loor-are .Outdoor dining areas for restaurants, except caf6s. that are larc,ie.r than 200 sauare feet. DIE. Service stations, if a five-WrWred-foo"504L) 500-foot minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard. F Other similar uses approved by the dDirector of-wm"4PJty-,-eGonGm4G-a-Rd developr-nen"servi�s, as provided by chapter 22 of this title." SECTION 12: Section 15-6C-2 (Small Business (SB) zone permitted uses) is amended to read as follows: "The following uses are permitted in the SB zone: A. Art studios (production space only). B. General and/or multimedia related offices, up to 15 000fi-f�tee4*thoL�sand-(4-5-,GOO-) square feet per site. C. General offices in conjunction with any other permitted use as long as the office use does not occupy in excess of 40" percent (40%) of the total building square footage. D. General storage and warehousinck,, BE. Light industrial uses. E F. Manufacturing. FG. Public facilities and utilities. GH. Research and development. HI. Restaurants and cafes without drive-through facilities. ORDINANCE No. 1552 Page 7 of 10 J—, -Ware,h-ou&ing--af4dd i-stributi�-. J. Studios for film and oho t. ociraphylproduction studios). JK Other similar uses approved by the dDirector �la4,ifi�and--build-ing-safety, as provided by chapter 22 of this title." SECTION 13: Section 15-6C-3 (Small Business (SB) zone permitted accessory uses) is amended to read as follows: "A. Any use customarily incidental to a permitted use. B. Cafes. C. Employee recreation facilities and play areas. D. Open storage incidental to a principal use. E. Parking structures and surface parking lots. F. Permitted wholesale sales and services ("will call" types of businesses). G. Retail sales and services. H. Single caretaker units at the ratio of one per legal building site or business establishment whichever is larger-,-as4ong-as4-wo42+-G"i"-rR-i.Rg-spaces-ar-e pro-vided-fGr--e,a,c4i,-d,well,ing--u,R�it. I. Other similar uses approved by the dDirector of-pAa"4Kj-aM-bu,i,tding-6afety, as provided by chapter 22 of this title." SECTION 14: Section 15-6C-5 (Small Business (SB) zone uses subject to conditional use permit) is amended to read as follows: "The following uses shall be allowed subject to obtaining a conditional use permit, as provided by chapter 23 of this title: A. Automobile service uses, if a three hundred foot (300') minimum distance from any residentially zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard. B. Freight forwarding. C. Gwtcdoer-4iningexem,pfinq--Gafe,&;- d4-nJn",;-,,ea-Gf-th,e ORDINANCE No. 1552 Page 8 of 10 hundre. Om)�s refeetr fioar Outdoor dininq areas for restaurants, except cafes, that are larqer than 200 square feet. D. Service stations, if a five-hundred--fGGt-(-,5=)500-foot minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard. E. Other similar uses approved by the dDirector d vetomen -serum, as provided by chapter 22 of this title." SECTION 15: 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 15:, 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 17: 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 18: 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 appi'ications and, to this end„ the provisions of this Ordinance are severable. SECTION 19: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of EI 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. ORDINANCE No. 1552 Page 9 of 10 SECTION 20: This Ordinance will go into effect and be in full force and effect on the thirty-first (31st) day after its passage and adoption. PASSED, APPROVED, AND ADOPTED ORDINANCE No. 1552 this 15th day of August, 2017. S4La _1ne Fuentes, Mayor ATTEST: Tracy Wear , City Clerk APPROVED AS TO FORK Mark D. Hensley, "t Attorney ORDINANCE No. 1552 Page 10 of 10 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, City Clerk of the City of EI 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. 1552 was duly introduced by said City Council at a regular meeting held on the 5th day of July 2017, 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 15th day of August, 2017, and the same was so passed and adopted by the following vote: AYES: Mayor Fuentes, Council Member Brann, Council Member Dugan, and Council Member Pirsztuk NOES: None ABSENT: Mayor Pro Tem Boyles ABSTAIN: None ;H°:°.6 WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of August, 2017. v.. TraWeaver, City Clerk of the City of EI Segundo, California