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ORDINANCE 1553 ORDINANCE NO. 1553 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); C. 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. Clarify the front yard setback requirements in the R-3 zone; ORDINANCE No. 1553 Page 2 of 7 B. Clarify the required open space and landscape area dimensions in the R-3 zone; and C. Modify ESMC chapter 15-24 to allow the director to approve adjustments to the required open space dimensions and minimum landscape area in required open space in the R-3 zone. SECTION 3: 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 Objectives LU3-2 and LU3-3 of the General Plan Land Use Element in that it would permit flexibility in the design of multi-family developments, by clarifying the permitted encroachments in the front yard and permitting adjustments to the size and dimensions of open space areas and landscaping on lots in the R-3 zone. F. The proposed ordinance is consistent with Policy C3-1.9 of the General Plan Circulation Element in that it will maintain a minimum stacking distance of 20 feet at the entrances of multi-family residential developments. 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 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 ORDINANCE No. 1553 Page 3 of 7 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 EI 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: Subsection 15-4C-5(D) (R-3 zone Setbacks) is amended to read as follows: "D. Setbacks: A k� itdi �aetra -ensactrve feetete a �e�ard; provided-; at—aw event -A GWmo i-c cnot bmf-r-orn--the---requite—yew--Tl encs-oaG,hfnent--srhall"-nGt-.be-allow any--ya aGent-tra-,3--E4ngle4a it reeidentiai zone. 1. Front Yard: Structures must maintain a minimum setback of 15 feet. Entryagues for vehicular access must maintain a minimum setback of 20 feet,AR-average--of twent-y-mmfeet--(2 ')--shall-be.--pr-ovided, but in„E) Gase shall it oe-lo:c than fifteen fee+�). 94Gt4l4-vehi ricess--bem thr ugh4he-fry fd-apA--Gorrtr+ fled- n--e+itr miniall--bemprovidedr eNGl pGra*--storutsi le tiro g rea-prior-tG-entering tho projeGt SECTION 7: Subsection 15-4C-5(l) (R-3 zone Open Space and Recreation requirements) is amended to read as follows: "I. Open Space And Recreation Requirements: The following minimum open space and recreational facilities shatlmust be provided: Private Common Number Open Space per Oen 'Space per Recreational Of Units unit unit Facilities per unit i 4 or lessfewer 50 square 150 square units feetP m# feet/ I 5 - 9 uelts 50 square 200 square f feet4PA feet4PA 10 - 20 ue+ts 50 square 250 square feetA4R# feetA4R# 21 - 5(1�ts and 50 square 250 square 50 square b v a o e feetk-p+t feet4PA feeg+Hnit ORDINANCE No. 1553 Page 4 of 7 50 Rd up 50 square foath Ani+ 25IlZ c 50 square foot/Anit Y feet/URit I. All required open space and recreational facilities ,hull beare in addition to the required front and street side setbacks. Interior side and rear setbacks may be considered as required open spaces and recreation facilities. ' aR dsGaped areas aFe eonsid red-as...open-sPace-if-the, iGally-ei°-va lfy-aess l e-resit . A4apAsoaped-aree must-a- inimu five--fee"-5'�4 4eV-h wwidth-i.n e 4er to-be-oo space. All required common open space must: a) be phvsically or visually accessible to the residents, b) be a minimum of 5 feet in both length and width, and c) include a minimum of 50 percent of softscape landscaping. Adiustments: The Director may approve adiustments from the minimum open space dimensions and landscaping percentage standards as provided in chapter 24, "Adiustments", of this title." SECTION 8: Subsection 15-4C-6(B) (R-3 zone Landscaping) is amended to read as follows: "B. Those setback areas fronting upon a public street must incorporate a combination of Softscape and Hardscape in the landscape, except for those portions devoted to vehicular parking. At--lea&t�ifty-per=oenwt- °I - wf-tb i - nim,,Gn-G ef�- oe rouet-iosiud e4a-ndsoaping- In addition, those portions of the property which abut a different zoning classification must be landscaped with trees and shrubs to provide an effective buffer from adjoining property. SECTION 9: Section 15-24-1 (Adjustments) is amended to read as follows: "15-24-1: GRANTING: Whenever a strict interpretation of the provisions of this title or its application to any specific case or situation pertaining to the following items would result in the unreasonable deprivation of the use or enjoyment of property, an adjustment or an administrative adjustment may be granted, subject to the following restrictions. Adjustments may be granted to allow: A. A fence, wall, or hedge up to a maximum height of eight-) -)8 feet. B. Architectural landscape features which exceed the standards set forth in section 15-2- 14 of this title. C. Signs which exceed the standards set forth in chapter 18 of this title. ORDINANCE No. 1553 Page 5 of 7 D. Noise permits which exceed the standards set forth in section 7-2-11 of this code. E. Parking and loading space standards as set forth in c ter 155 of this title. F. Reduction of retention of a minimum of fifty+per e—nH-WO/6450 percent of exterior perimeter wall height and/or deviation from development standards for life safety purposes. G. Deviation from development standards for reasonable access accommodations. H. Dimensions of required open space and size of required landscaninq area within required open space in the Multi-family residential R-3 zone as set forth in section 15-4C-5 of this title." SECTION 10: 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 11: 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 12: 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 13: 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 14: 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. 1553 Page 6 of 7 SECTION 15: 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. 1553 this 15th day of August, 2017. 1'�IU uaoe Fuentes, Mayor ATTEST: Tracy Weaver„ , ity Clerk APPROVED AS TO FORM: Mark D. Hensley, Cit Aft rney ORDINANCE No. 1553 Page 7 of 7 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. 1553 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, and Council Member Dugan NOES: None ABSENT: Mayor Pro Tem Boyles ABSTAIN: Council Member Pirsztuk WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of August, 2017. Tra Weaver, City Clerk of the City of EI Segundo, California