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ORDINANCE 1554 ORDINANCE NO. 1554 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: F. Modify the R-2 zone development standards to allow encroachments of porches, decks and related covers into the required front yard setback; ORDINANCE No. 1554 Page 2 of 5 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. It would permit flexibility in the design of two-family developments in the R-2 zone while maintaining its character, by permitting porches, decks and patio covers in the front yard. 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 , : 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 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 15-413-6(D)(1) (R-2 zone front and rear yard setbacks) is amended to read as follows: ORDINANCE No. 1554 Page 3 of 5 ",l. Front And Rear Yard-, The combined total of setbacks for the front and rear yard &h,'Almust be at least tfimiAy-feet-�30�20 feet, with no front yard setback less than twe4i,ty-feet-(24"' ,gO feet and no rear yard setback less than five-feet(6 feet. a) Encroachiments. The followina structures Mav encroach in the reguired front and setback: 1) Porches or verandas,not fully enclosed on 3 -sides_(railings and/or columns permqi9m; ii) Raised decks not greater than 2 feet above grade constructed in conjunction with, a lattice cover not,greater than 10 feet above arade- M) Lattice Datio covers UptAreater than 10 feet above grade: These structures mgyencroach up to 6 feet into the_LeAuJred setback for 50 percent of the buildinq wi�dthnot to exceed 20 feet." SECTION 7: 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 & 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. SECTlON 9: 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 10: 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 11: 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 (1 5) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. ORDINANCE No. 1554 Page 4 of 5 SECTION 12: This Ordinance will go into effect and be in full force and effect on the thirty-first (31 st) day after its passage and adoption. PASSED, APPROVED, AND ADOPTED ORDINANCE No. 1554 this 15th day of August, 2017. SueFuentes, Mayor ATTEST: r Tracy,'CVea er ity Clerk APPROVED AS TO FORM: Mark D.,� E ensley, C° ttorne ORDINANCE No. 1554 Page 5 of 5 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. 1554 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 Dugan, and Council Member Pirsztuk NOES: None ABSENT: Mayor Pro Tem Boyles ABSTAIN: Council Member Brann WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of August, 2017. I ° Trey y Weaver, City Clerk of the City of EI Segundo, California