ORDINANCE 1572 ORDINANCE NO. 1572
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO APPROVING ZONE TEXT AMENDMENT NO. ZTA 18-03
ADDING CHAPTER 30 TO TITLE 15 (ZONING REGULATIONS) OF THE
MUNICIPAL CODE TO REQUIRE A DISCRETIONARY SITE PLAN
REVIEW PERMIT FOR SPECIFIED TYPES OF DEVELOPMENT
The City Council of the City of EI Segundo does ordain as follows:
SECTION 1: The City Council finds and declares as follows:
A. With the exception of a site plan review requirement in the C-4 Zone and in
the Smoky Hollow Specific Plan Area, the EI Segundo Municipal Code
currently does not require a discretionary land use permit for the
development of uses permitted by right in the City's various zoning districts.
B. A discretionary land use permit requirement provides a number of
advantages for the City including, without limitation, the following:
1. It allows the City to ensure that proposed development is consistent
with the overall goals, policies and objectives of the General Plan and
Zoning Code;
2. It allows the City to ensure that new development is functionally and
visually compatible with neighboring properties and the area in which it
is located;
3. It ensures that the subject development is reviewed in accordance with
the California Environmental Quality Act (unless otherwise exempt by
law), thereby providing the City with a mechanism to require the
mitigation of environmental impacts caused by a project,
4. It allows the City to place conditions on new development necessary to
ensure the preservation of the public health, safety and general welfare.
C. It is in the best interest of the City to subject all significant new development
to a site plan review process that will provide the City with a mechanism to
ensure that each developer bears the cost of mitigating impacts directly
caused by his/her/its proposed development, and allow the City to ensure
the preservation of the public health, safety and general welfare.
D. On July 26, 2018, the Planning Commission held a duly-noticed hearing on
the proposed Ordinance, received and considered a staff report and oral
and written testimony from the public, and adopted Planning Commission
Resolution No. 2844 recommending that the City Council adopt the
proposed Ordinance as set forth herein.
E. On August 21, 2018, the City Council held a duly-noticed hearing where it
received and considered a staff report, the Planning Commission's
recommendation, and oral and written testimony from the public.
SECTION 2: General Plan Findings. As required pursuant to Government Code section
65860, the City Council finds that the proposed amendments to the EI Segundo Municipal
Code are consistent with the General Plan as follows:
A. This ordinance does not make any changes to zoning or development
standards in the city; rather, it adds a discretionary land use permit
requirement that allows the city to ensure development projects are (1)
consistent with the overall goals, policies and objectives of the General Plan
and the Zoning Code, (2) consistent with the development standards set
forth in the Zoning Code, (3) functionally and visually compatible with
neighboring properties and the area in which they are located, and (4)
conditioned, whenever necessary, to guarantee that the public health,
safety and welfare are maintained.
B. Considering all its aspects, the proposed ordinance will further the
objectives and policies of the General Plan and will not obstruct their
attainment.
SECTION 3: Zone Text Amendment Findings. In accordance with ESMC Chapter 15-26
(Amendments), and based on the findings set forth in Sections 1 and 2, the City Council
finds that 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 requires a discretionary land use permit for new
development projects that meet specified thresholds. This discretionary
review will trigger application of the California Environmental Quality Act
(unless the proposed project is otherwise exempt by law) and allow the city
to analyze the potential environmental impacts of a project before reaching
a decision on the merits. When necessary and appropriate, this will allow
the City to impose mitigation measures and conditions on projects to ensure
that the developers bear the burden of mitigating impacts directly caused
by their projects.
C. The discretionary site plan review contemplated by this ordinance will
provide a mechanism for the city to ensure that proposed developments are
compatible with properties in the area in which they are located.
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D. The discretionary site plan review contemplated by this ordinance will allow
the City to place conditions on new development to ensure that the public
health, safety and welfare are maintained.
SECTION 4: Chapter 30 is added to Title 15 of the ESMC to read as follows:
Chapter 30
SITE PLAN REVIEW
15-30-1: PURPOSE
15-30-2: APPLICABILITY
15-30-3: APPLICATION REQUIREMENTS
15-30-4: REVIEW PROCESS
15-30-5: EXPIRATION
15-30-6: REVOCATION
15-30-1: PURPOSE:
A site plan review is a discretionary land use permit that is required for any
proposed project that meets the criteria set forth in section 15-29-2. The purpose
of the site plan review process is to:
A. Ensure that the project is functionally compatible with the area in which it is
located;
B. Allow all city departments the opportunity to review development proposals
and place reasonable conditions to ensure that the public health, safety and
welfare are maintained.
15-30-2: APPLICABILITY:
Except in the C-4 Zone, which has its own site plan review requirements, a site
plan review pursuant to this chapter is required for development that meets any of
the following criteria:
A. Single-family residential development of more than 10 residential units;
B. Multi-family residential development of more than 10 units;
C. New commercial, institutional or industrial development that includes
structures which have a combined gross floor area of more than 50,000
square feet (not including parking structures);
D. Additions to existing structures if the combined total additions exceed
50,000 square feet of gross floor area, but not including parking structures;
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E. For projects with a mix of residential and commercial, institutional or
industrial uses, if any criteria above applies, the entire project is subject to
site plan review.
15-30-3: APPLICATION REQUIREMENTS:
An application for a site plan review must be made on a form supplied by the
Planning and Building Safety Department, and must be accompanied by the
following:
A. A site plan showing the location of all structures, landscape and hardscape
areas, parking areas, walks, internal circulation, access, adjacent streets,
signs, and fence or wall type and placement;
B. Dimensioned and scaled building elevations for each proposed structure.
The building elevations must show all sides of the building and call out
exterior building materials, window and door types, and roof materials;
C. A radius map showing the project site and all lots lying in whole or in part
within a 300-foot radius of the project site, address labels for the owners of
all properties within the 300-foot radius together with any other individuals
that have requested notice (this information is available from the City), and
a Certified Property Owners List Affidavit;
D. Application fees in the amount established by resolution of the City Council;
E. Any other pertinent information, exhibits or materials deemed necessary by
the Director or designee. With the exception of the application fee, the
Director may waive or modify any of the application requirements deemed
unnecessary for a particular application.
15-30-4: REVIEW PROCESS:
A. The Director or designee will determine whether the application is complete.
An application is complete when it complies with the requirements of section
15-30-3. If an application is found to be incomplete, the applicant will be
notified by mail as to why the application is incomplete and how the
application can be made complete.
B. After an application is determined to be complete, it will be reviewed in
accordance with the California Environmental Quality Act and an
appropriate determination will be made. While the CEQA process is
underway, the application will be distributed to the appropriate city
departments, and to professional consultants if necessary, for review,
comment and recommendations regarding appropriate conditions. The
applicant is responsible for the actual and reasonable costs incurred in
preparing the appropriate CEQA document and all associated studies and
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reports. The city may require the applicant to deposit funds in a designated
project-related account which the city can draw upon as costs are incurred.
C, Following the environmental determination, the application will be
scheduled for a public hearing before the Planning Commission. The
Director or designee will give public notice of the hearing as provided in
Chapter 27 of this Title and consistent with applicable law.
D, The Planning Commission may approve or conditionally approve a site plan
review if it makes the following findings:
1. The proposed development is consistent with the goals, policies and
objectives of the general plan, any applicable specific plan, and the zoning
code;
2. The project is functionally compatible with the area in which it is located;
3. The proposed development will not adversely affect the general welfare of
the City.
E, If the Planning Commission approves or conditionally approves a site plan
review, the approval will become effective upon expiration of the appeal
period in section 15-25-3. If an appeal is perfected with the prescribed time
period, the Planning Commission's decision shall be stayed pending final
action of the City Council.
F. Appeals. An aggrieved party may appeal the decision of the Planning
Commission pursuant to the procedures set forth in Chapter 25 of this Title.
G. Scope of Hearing on Appeal. Appeals shall be reviewed de novo. The City
Council is not bound by the decision that has been appealed or limited to
the issues raised on appeal.
15-30-5: EXPIRATION AND EXTENSIONS:
A site plan review will lapse and become null and void 2 years following the
effective date of the site plan review approval unless, prior to the expiration date
(a) a building permit is issued and construction is being diligently pursued toward
completion, or (b) a certificate of occupancy is issued for the construction that was
the subject of the application. One-year extensions may be granted by the Director
for good cause upon written request of the applicant received prior to expiration of
the site plan review approval, provided there are no changes proposed to the
previously-approved project. An application for extension involving any significant
change from the original plan or the conditions of approval, as determined by the
Director, shall be subject to all of the provisions of this Title and shall require a new
application. Additional conditions may be imposed as deemed necessary to ensure
that the development plan will be in compliance with city standards in effect at the
time the extension is granted.
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15-30-6: REVOCATION:
A. Grounds for revocation. A site plan review may be revoked for any of the
following reasons:
1, The approval was obtained by fraud;
2. The application included inaccurate, erroneous, or incomplete information
and the City finds that accurate and complete information would have
caused additional or different conditions on the site plan review or denial of
the application;
3. The project is being constructed contrary to the approved plans, conditions
of approval, or in violation of any statute, ordinance, law or regulation.
B. If the Director finds that grounds for revocation exist, he or she may suspend
a site plan review pending a hearing before the Planning Commission,
which must be held within 30 days of the suspension. The hearing before
the Planning Commission must be noticed in the manner required by
Chapter 27 of this Title and consistent with applicable law. The decision of
the Planning Commission is subject to appeal to the City Council pursuant
to the procedures set forth in Chapter 25 of this Title.
SECTION 5. California Environmental Quality Act. The City Council finds that this
Ordinance does not have the potential to cause significant effects on the environment
and, therefore, the project is exempt from the California Environmental Quality Act
(CEQA) pursuant to 14 Cal. Code Regs. § 15061(b)(3). The Ordinance amends the EI
Segundo Municipal Code to require a discretionary land use permit for specified types of
development which, in some cases, do not currently require a discretionary land use
permit. The addition of the discretionary permit requirement will trigger the application of
CEQA and allow the City to analyze the potential environmental consequences of a
proposed development project before making a decision on the merits of an application.
The Ordinance does not portend any development or changes to the physical
environment. Following an evaluation of possible adverse impacts, it can be seen with
certainty that there is no possibility that the Ordinance will have a significant effect on the
environment. Rather, the primary purpose of the proposed Ordinance is to provide a
mechanism that will allow the City to require a CEQA evaluation of future development
proposals meeting specified thresholds.
SECTION 6. Construction. This Ordinance must be broadly construed in order to achieve
the purposes stated herein. 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 herein.
SECTION 7. Severability. If any part of this Ordinance or its application is deemed invalid
by a court of competent jurisdiction, the City Council intended 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.
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SECTION 8. 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 a summary
thereof to be published or posted in accordance with California law.
SECTION 9. This Ordinance will go into effect thirty days after its passage and adoption.
PASSED, APPROVED, AND ADOPTED ORDINANCE No. 1572 this 4t" day of
September, 2018.
Drew Boy��Mayor
ATTEST:
Tracy Weav A City Clerk
APPROVED AS TO FORM:
r %.
Mark . Hensley, C' y Attorney
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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. 1572 was duly introduced by said City Council at a regular meeting held
on the 21St day of August 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 4th day of September, 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 94h day of October,
2018.
U all&
Tr y Weaver, City Clerk
of the City of EI Segundo,
California