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ORDINANCE 1570 ORDINANCE NO. 1570 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE SECTION 15-2-7 AND CHAPTER 15-6A TO: REMOVE THE REQUIREMENT THAT OUTDOOR DINING AREAS OBTAIN A CUP IN THE M-1 ZONE; REDUCE THE REQUIRED SETBACKS FOR OUTDOOR DINING AREAS IN THE M-1 ZONE; AND, REVISE HOW PARKING REQUIREMENTS FOR ACCESSORY USES ARE TABULATED IN THE M-1 ZONE. (Environmental Assessment No. 1203 and Zone Text Amendment No. 18-02) The City Council of the city of EI Segundo does ordain as follows: SECTION 1: The Council finds and declares as follows: A. On March 8, 2018, Mike Jones submitted an application to amend Title 15 of the Municipal Code in order to allow the construction of a 2,262 square- foot outdoor dining area in the front-yard setback of 2333 Utah Avenue; 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 EI 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"); D, On June 14, 2018, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the application including information provided by city staff; and, adopted Resolution No. 2839 recommending that the City Council approve the proposed amendments; E. On July 17, 2018, 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 testimony and evidence presented to the City Council at the public hearing and the staff report submitted by the Planning and Building Safety Department. SECTION 2: Factual Findings and Conclusions. The City Council finds that the following facts exist: A. The property is currently developed with a 46,703 square foot industrial building that is in the process of converting almost entirely to office use. B. The proposed cafe is proposed to cover 1,690 net square feet of interior and 2,262 square feet of outdoor area. C. The zone is intended to provide for the location and grouping of light industrial activities, research, and technological processes, related offices, and auxiliary uses performing support services for existing and permitted establishments, companies or business firms within the zone. D. "Restaurant" is a permitted primary use and a permitted accessory use. The allowance helps fulfill the purpose of the zone by providing for the possibility of auxiliary uses that perform support service for employees in the area. E. Zone Text Amendment No. 18-02 amends Section 15-2-7 (General Provisions) by allowing outdoor dining areas be permitted to come within five feet of property lines in the M-1 Zone. F. Zone Text Amendment No. 18-02 amends Section 15-6A (Light Industrial Zone) by 1) removing the requirement that outdoor dining areas greater than 200 square feet obtain a conditional use permit, 2) codifying staff's current practice of allowing permitted uses as accessory uses, and 3) limiting allowance of accessory uses to be parked at the rate of the primary use of the building to an area not greater than twenty percent of its gross floor area. SECTION 3: General Plan Findings. As required under Government Code § 65454 the proposed amendment of the Light Industrial (M-1) zone is consistent with the City's General Plan as follows: A. Goal LU-1: Maintain EI Segundo's "small town" atmosphere, and provide an attractive place to live and work. The proposed amendment allows the possibility for a more attractive work environment for those who work in and near the M-1 zone by facilitating outdoor dining spaces, which serve as convenient and pleasant amenities to workers and visitors. Further, these spaces result in gatherings of people in publically visible places in parts of the city that are oftentimes devoid of human activity. B. Objective LU4-4: Provide areas where development has the flexibility to mix uses, in an effort to provide synergistic relationships which have the potential to maximize economic benefit, reduce traffic impacts, and encourage pedestrian environments. ORDINANCE No. 1570 Page 2 of 6 The allowance of dining areas within setbacks of M-1 zoned properties provides this flexibility. Currently there are very few eateries or casual gathering areas within these parts of the City. The amendment will allow large outdoor gathering areas specifically as amenities for employees and for those who work within walking distances. Since these dining areas will cater to the workforce that is already present onsite or near the sites, there would be a reduction of vehicle trips since workers would not have to drive to other parts of the city. C. Policy LU5-3.1 Revitalize and upgrade industrial areas which contain aesthetic or functional deficiencies in such areas as landscaping, off-street parking, or loading areas. Aesthetic deficiencies persist within the M-1 zone, despite much of it being in compliance with current code. The allowance of street-front patios offers property owners a low-cost opportunity to activate their existing frontages with human activity, thus creating a more inviting environment and improving the aesthetic quality of the building and the street. SECTION 4: Zone Text Amendment Findings. In accordance with ESMC § 15-26-4 and based on the findings set forth in Section 2, the proposed Zone Text Amendment is consistent with the goals, policies, and objectives of the General Plan as follows: A. The amendments are 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. In addition, it is consistent with the purpose of the Light Industrial (M-1) Zone in that it allows for greater flexibility for"auxiliary uses [which seek to] perform support services for existing and permitted establishments." B. The amendments are necessary to facilitate the development process and ensure the orderly establishment of new uses and the development of outdoor dining areas in the M-1 Zone that are compatible with surrounding properties and the public right-of-way. SECTION 5: Title 15, Chapter 2, Section 7 (General Provisions) of the EI Segundo Municipal Code is amended as follows (strikethFe U is language deleted, and a ddrii ,. is language added): E. Urban Mixed Use South (MU-S)and Light Inr.i. :N..:..(,. ..-1)Zones: 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: ORDINANCE No. 1570 Page 3 of 6 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 (5') 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 (3'6") 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 nonsolid trellis or pergola; or by a retractable awning, large umbrella or other similar nonpermanent cover which provides protection from rain, subject to the approval by the Director of Planning and Building Safety. SECTION 6: Title 15, Chapter 6A, Section 3 (Permitted Accessory Uses in M-1) of the EI Segundo Municipal Code is amended as follows: PERMITTED ACCESSORY USES: A. Any permitted use. or anv use customarily incidental to a permitted use. B. Cafes. ,...! u1d_Q_Qr dinina areas oursuant to the stand r �.p rr1, .ire . _%r� Section 15-2-7E. G-.D. Drive-through or walk-up services, including financial operations, but excluding drive-through restaurants. D-.E. Open storage of commodities sold or utilized on the premises. &F. Other similar uses approved by the Director of Community, Economic and Development Services, as provided by chapter 22 of this title. SECTION 7: Title15, Chapter 6, Article A, Section 5 (Conditionally Permitted Uses in M- 1): The following uses shall be allowed subject to obtaining a conditional use permit, as provided by chapter 23 of this title: ORDINANCE No. 1570 Page 4 of 6 A. Any use permitted in the MU, CO, C-3, C-2 and C-RS Zones, except residential uses and sexually oriented businesses. B. Animal boarding. C. Dog daycare (outdoor). D. Drive-through restaurants. E. Freight forwarding, transfer, trucking yards or terminals. F. Helicopter landing facilities subject to the provisions of section 15-2-13 of this title. {-2 eare-fes: G#. Service stations, if a five-hu, r d4 t--k500') minimum distance from any residential zoned property is provided. This distance criteria does not apply to properties east of Sepulveda Boulevard. W. Other similar uses approved by the Director, as provided by chapter 22 of this title. SECTION 8: Title15, Chapter 6, Article A, Section 7, Part D: 1. Front Yard: 25-foot minimum. Encroachments are allowed oursuant to Sections 15-2-7 and 15-2-14B. eet drtdr diirrr�,�r a�ror the-reg ire lit ael r t �y raot-dir in+sfi-t-h t area-ror-6,; ir-rich--the SECTION 9: Title15, Chapter 6A, Section 3 An area eer.rivalent to 20% of the cross floor area of the buildino that is. dot �ko ........................................................ .m-:l, :the rate of the building prurnary ruse. In cases y ' sof uncertaintwr or ambigui�edirector vuIml ITeITrmITineITwhether an a1ccesary. SECTION 10: 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. ORDINANCE No. 1570 Page 5 of 6 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 EI Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 12: This Ordinance will become effective on the 31 st day following its passage and adoption. PASSED, APPROVED, AND ADOPTED ORDINANCE No. 1570 this 7t" day of August, 2018. Drew Boyl ayor ATTEST: Tracy Weaver City Clerk APPROVED AS TO FORM: V Mark ID. Hensley y Attorney ORDINANCE No. 1570 Page 6 of 6 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. 1570 was duly introduced by said City Council at a regular meeting held on the 17th day of July 2018, 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 7th day of August, 2018, and the same was so passed and adopted by the following vote: AYES: Mayor Boyles, Mayor Pro Tem Pirsztuk, Council Member Brann, Council Member Pimentel, and Council Member Nicol NOES: None ABSENT: None ABSTAIN: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 15day of August, 2018. Tr y Weaver, City Clerk (jW' of the City of EI Segundo, California