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ORDINANCE 1588ORDINANCE NO. 1588 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE CHAPTERS 15-2 (GENERAL PROVISIONS), 15-51) (CORPORATE OFFICE (CO) ZONE), AND 15-5E (URBAN MIXED USE NORTH (MU -N) ZONE) OF TITLE 15 OF THE EL SEGUNDO MUNICIPAL CODE REDUCING THE REQUIRED SETBACKS, ALLOWING CERTAIN ENCROACHMENTS IN THE SETBACKS AND AMENDING THE SITE DEVELOPMENT STANDARDS IN SUCH ZONES. (Environmental Assessment No. 1253 and Zone Text Amendment No. 19-07) The City Council of the city of EI Segundo does ordain as follows: SECTION 1: The Council finds and declares as follows: A. On May 7, 2019, Ben Newman initiated the process to amend Title 15 of the EI Segundo Municipal Code (ESMC) in order to reduce the required setbacks and allow certain encroachments into the setbacks for properties in the Urban Mixed Use North (MU -N) Zone; and, after further consideration and evaluation, Staff augmented the application by including the same for properties in the Corporate Office (CO) Zone; B. The applications were reviewed by the City's Planning and Building Safety Department for, in part, consistency with the General Plan and conformity with the 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 July 25, 2019, the EI Segundo Planning Commission held a noticed public hearing to receive public testimony and other evidence regarding the application including information provided by city staff; and, adopted Resolution No. 2864 recommending that the City Council approve the proposed amendments; E. On August 20, 2019, 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 its August 20, 2019 public hearing and the staff report submitted by the Planning and Building Safety Department. SECTION 2: General Plan Findings. As required under Government Code § 65454 the proposed Ordinance 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 amendments will provide greater opportunities in the MU -N and CO zones by allowing building closer to the street and allowing pedestrian -oriented amenities to encroach into setbacks, which serve as convenient and pleasant amenities to workers and visitors and encourages pedestrian activity in the area. 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. Allowing such encroachments expands the potential mix of uses and amenities they offer to workers on site and in close proximity, thereby maximizing economic benefit in the MU -N and CO Zones. Currently there are very few eateries or casual gathering areas within these parts of the City. The amendments will bring buildings closer to the street and allow outdoor gathering areas specifically as amenities for employees and for those who work within walking distances. Since these areas will cater to the workforce that is already present near the sites, there would be a reduction of vehicle trips since workers would drive to other parts of the city less frequently. SECTION 3: Zone Text Amendment Findings. In accordance with ESMC § 15-26-4 and based on the findings set forth in Section 3, the proposed amendments are consistent with the goals, policies, and objectives of the ESMC 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. B. The amendments are consistent with the purpose of the MU -N and CO zones in that they facilitate and promulgate where a mixture of compatible commercial, office, research and development, retail and hotel uses can locate and develop in a mutually beneficial manner. C. The amendments are necessary to facilitate the development process and ensure the orderly establishment of new uses and the development of outdoor amenity areas in the MU -N and CO Zones that are compatible with surrounding properties and the public right-of-way. ORDINANCE NO. 1588 Page 2 of 11 SECTION 4: Environmental Assessment. Based on the facts set forth in Section 2, the City Council finds that the zone text amendment is exempt from further review under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines § 15061(b)(3)), because it consists only of minor revisions to existing zoning regulations and related procedures and does not have the potential for causing a significant effect on the environment. SECTION 5: ESMC Section 15-2-7 (Open Space Areas and Encroachments) is amended to read as follows (strikethica urvh is language deleted, and underlined is language added): 15-2-7: ENCROACHMENTS: Encroachments are subiect to the followiqq orovisions in the indicated zones: The A. All Zones: "Architectural landscape features" as defined in section 15-1-6 of this title may encroach into setbacks as specified in section 15-2-14 of this chapter. In all zones, every required yard must be open and unobstructed from the ground up, except the following intrusions may project two feet Q2 into required yards, provided the required yard cannot be reduced to less than three feet (3� in width: 1. Baynod greenhouse windows, on the first floor in any setback and on the second floor only in the front yard setback,videThat said wnndow isnot wider than eight feet {6') measured in the general direction of the wall of which it is a part; 2. Cornices, corbels....... columns, belt courses, sills, eaves or other similar architectural building features as defined in section 15-1-6 of this title. Eaves may project six inches into any nonconforming side or rear yard which is three feet k3) in width�uwttt T, , redact six in 3. Fireplace structures not wider than eight feet (8' measured in the general direction of the wall of which it is a part; arGURd a 6:4. Planting boxes or masonry planters not exceeding fty-two4 inches (42-!!) in height; and 7—.5. Uncovered porches, platforms and landings which do not extend above the floor level of the first floor. °mos stairs. and safety uarr�l leading to said porchesl a platforms anti brrdin may encroach further into a required setback but must maintain at least athree=_foot (3� distance to a property line. B. Residential Zones: In residential zoning districts: 1. A porte-cochere (open carport) may be placed over a driveway in the front t.wnW., et (20') feet of one k4-) side yard setback, outside of the front yard setback, or attached to the front enty fee(20�ZQ=fee ,, of one M dwelling unit closest to the front lot line, provided the structure is not more than one M story ORDINANCE NO. 1588 Page 3 of 11 in height; is unenclosed on three {3) sides; and is entirely open except for the necessary supporting columns and architectural features. 2. Mechanical equipment, such as pool heaters, water heaters, aad--air conditioners, . d solar enerqyM§1em aDDurtenances not wider than eight feet {8� measured in the general direction of the wall of which it is a part, and adequately soundproofed, may project two feet {2'} into required side and rear yards, provided the required yard cannot be reduced to less than three feet ka' . 3. Detached arbors, pergolas, or trellises that partially cover a walkway and do not exceed eight feet O� in overall height, six feet {6� in width, and five feet (6 in length may have a zero {0} setback in the front and street -side yards. However, the structures must comply with the requirements of sections 15-2- 6, "Corner And Alley Clearance", and 15-2-11, "Driveway Visibility", of this chapter. 4. Uncovered porches, platforms and landings which do not exceed twelve inrh (42" 12 inches in height above finished grade may have a zero M setback in non -street fronting side and rear yards. C. Nonresidential Zones Zaning: In nonresidential zoning districts, mechanical equipment and accessory structures that do not contain occupied space, as defined by the California Building Code adopted by this Code, or that do not contain net floor area, as defined in section 15-1-6 of this title, may be located within a required interior side or rear setback area. 1. Mechanical equipment includes, ut4i, emergency generators; air conditioning and heating units; transformers; solar energy system dgpMTUqnances: and other equipment that is accessory to the principal permitted use. Mechanical equipment does not include electrical substations. 2. Accessory structures include, without trash and recycling enclosures; g.Eound-mounted and covered oarkin .polar enerey _ystemrm�and structures that exclusively house building operating equipment that is accessory to the principal permitted use. 3. Mechanical eouioment and non-occuoied accessory structures within a required setback are subiect to the following regU rements: a�hQ, mechanical ec j. -anent or accesso structure may— . Maher than 1 9-fPPt_ -N N N w N- N- Darakel to the line of the Qronertv to `N or lonqer than 35-Dercent of the lenathof such N N N _Which it is situate whichever is less. c. The maqk anical eauir)mient or accessoryr • be . N a,, re ired interior sidQ-. -�a if the interior sido -LL _Qr rear setback am --Q ea r prop"propertv line abutsupsideupsidentialiv zonedgMQ2rtvor abuts a U.blic street. NOloeration of the mechanical eayp ent must notnoise standards for gommercial and industrial orooertv as iden Lified in this Code. The mechanical eauir)ment N ory structure mtjst be set N. N anv interior side or rear p LQoertv line to meet all access. safety nd 5 ening reouirernents as soecified in tiLle 13 of this Code and thiis title, greL ORDINANCE NO. 1588 Page 4 of 11 but • .M o •" • . " • " • egress •public • • ■ iw,,.w ., w..w .w w w, w �.w • w w r .� w w w ♦ rio.. w,� r WIN. +. w ,. -_ . ,. If, .1011.1111, Mew �.. ..w.. w w w M ■ Iw w..,., w �w, .. w., Mir w w' +'wINAMINKAPMWIMAN-1...ar w ,w, ; ♦.. Use North (MU-N)—Urban Mixed Use South (MU -S), Doroorate Office (CO) and Light Industrial (M-1) Zones: In addition to ether the encroachments permitted in nonresidential zoning districts aenerally. ; ; and Felated safety guaFdFa4s patios, decks, and similar outdoor areas used as gathering spaces; and outdoor dining areas, may be located within setback areas as follows: 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 +time foot si.x, 2 inches in height and maintain at least a five foot r' distance to a property line. Walls, fences, and/or hedges may exceed moo foot six42 inches ' " in height, provided that the portion exceeding +Elmo foot :.,n 2 inches ' " in height is of a transparent or translucent material, subject to the review and approval of the Director Safely. 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 Planninged Building & aW. ORDINANCE NO. 1588 Page 5 of 11 SECTION 6: ESMC §15-5D-7 (Site Development Standards) is amended to read as follows: 15-5D-7: SITE DEVELOPMENT STANDARDS: All uses in the CO Zone shall comply with the development standards contained in this section. A. General Provisions: 1. All uses shall be conducted within a fully enclosed building, except: a. Outdoor restaurants and cafes incidental to the permitted use, provided they comply with the provisions of section 15-2-16 of this title. b. Recreational facilities customarily conducted in the open. 2. Prior to approval of any development project, all criteria of the Transportation Demand Management (TDM) and trip reduction criteria, as provided for in chapter 16 of this title shall be met. 3. Other provisions as required in chapter 2 of this title. B. Lot Area: A minimum of ten thauand410,000) square feet. C. Height: 1. East of Pacific Coast Hihvw : No building or structure shall exceed 200 -feet. 2. West of Pacific Coast Hi�a� : No building or structure shall exceed 45 -feet. X4"1: 3. If the subject property abuts residentially zoned property, no building or structure shall exceed 40-feet._forty feet 4. A maximum grade differential of eight feet {g!) is permitted on sloping lots. The vertical height which exceeds the maximum grade differential limit is included in measuring the maximum building height. On sloped lots, a segmented grade plane may be applied to different portions of a building. 5. See section 15-2-3 of this title for exceptions to building height. D. Setbacks: 1. Front Yard: `°rweRt" f�eet QZ�} 20 -feet minimum. 2. Side Yard: F2#eGR feet (15'` 10 -feet minimum, unless one of the following conditions exists: a. If the side yard adjoins a dedicated street, a minimum oft�e feet (25 shall be provided; b. If the side yard abuts property with a different classification, the side yard setback shall be the average of the two 94 side yard setbacks, but not less than ten feet-O-0�; and, c. If the side yard abuts property zoned for residential uses, a minimum of erre #eedred 100 -feet k400' shall be provided, including a tWeRty five 25 -foot {25� landscape buffer. ORDINANCE NO. 1588 Page 6 of 11 3. Rear Yard: Ten feet -(U)!), unless one {a--} of the following conditions exists: a. If the rear yard adjoins an alley, dedicated street, public right-of-way, or if the primary access is through the rear yard, a minimum of tW8Rty five 20 - feet {2-5� shall be provided; b. If the rear yard abuts property with a different classification, the rear yard setback shall be the average of the two Wrear yard setbacks, but not less than ten feet {4-04; and c. If the rear yard abuts property zoned for residential uses, a minimum of eae hURdr 100 -feet {� shall be provided, including a twenty e 25 -foot {25} landscape buffer. 4—Future Street Right-of-wav Lines. If anv futurew streetITITITright-of-wav line has : en establishedurpo .v.. alar�...a ppLQd by the city eoun rb...ITs�u h line shall be . ...prp.p. ....,:w:.in f ar rses of..:..ejerminina setbacks, rmmldered to be th........ . Easements. Setbacks ....fro���......Ie l easements. ot.h.-e.l.:.....ths.:n sttre-fit i ht -of -way ,easements. shall nat....................:-..:....:.a: t� a. ro?.ri:at"e review an .....be re uiired. In addition to _...._.._.... t cc iD truction of anv s"trucITture.....or improvement is a A oval by the .e.!.t .........._..._.. allowed within ....a.....V.e.....:.Vm...e..a,.sment without written. authorization from the legs holder of the easemeru 1ch authorization sh ILbejLt]L3 form acceDtable to the Director. E. Lot Frontage: Each lot shall have a minimum frontage on a street of eee huf*ed 100 -feet {x-09-}. ORDINANCE NO. 1588 Page 7 of 11 F. Building Area: The total net floor area of all buildings shall not exceed the total net square footage of the property multiplied by 0.8 or an FAR of 0.8:1. Additional FAR may be granted for properties east of Pacific oast Hiahwav Sepu only, with approval of a transfer of development rights (TDR) plan. 11 10,000 sf $ F.A.R. = 0.8 �. Bldg. Area = 8,000 sf SECTION 7: ESMC § 15-5E-7 (Site Development Standards) is amended to read as follows: 15-5E-7: SITE DEVELOPMENT STANDARDS: All uses within the MU -N Zone shall comply with the development standards contained in this section. A. General Provision: 1. All uses shall be conducted wholly within an enclosed building except: a. Electrical distribution stations. b. Outdoor restaurants and cafes incidental to the permitted use, provided they comply with the provisions of section 15-2-16 of this title. c. Recreational facilities customarily conducted in the open. d. Special uses, to the degree the conditional use permit granting such special uses expressly permits operation in other than a fully enclosed building. 2. Prior to approval of any development project, all criteria of the Transportation Demand Management (TDM) and trip reduction criteria as provided for in chapter 16 of this title shall be met. 3. Other provisions as required in chapter 2 of this title. ORDINANCE NO. 1588 Page 8 of 11 y as =err 100' 11 10,000 sf $ F.A.R. = 0.8 �. Bldg. Area = 8,000 sf SECTION 7: ESMC § 15-5E-7 (Site Development Standards) is amended to read as follows: 15-5E-7: SITE DEVELOPMENT STANDARDS: All uses within the MU -N Zone shall comply with the development standards contained in this section. A. General Provision: 1. All uses shall be conducted wholly within an enclosed building except: a. Electrical distribution stations. b. Outdoor restaurants and cafes incidental to the permitted use, provided they comply with the provisions of section 15-2-16 of this title. c. Recreational facilities customarily conducted in the open. d. Special uses, to the degree the conditional use permit granting such special uses expressly permits operation in other than a fully enclosed building. 2. Prior to approval of any development project, all criteria of the Transportation Demand Management (TDM) and trip reduction criteria as provided for in chapter 16 of this title shall be met. 3. Other provisions as required in chapter 2 of this title. ORDINANCE NO. 1588 Page 8 of 11 B. Lot Area: A minimum lot area of fe --10,0004 square feet. C. Height: 1. Buildings and structures shall not exceed a height of eAe hundFed seventy fly 175-feet447-5' . 2. A maximum grade differential of eight feet (&' is permitted on sloping lots. The vertical height which exceeds the maximum grade differential limit is included in measuring the maximum building height. On sloped lots, a segmented grade plane may be applied to different portions of a building. 3. See section 15-2-3 of this title for exceptions to building height. D. Setbacks: 1. Front Yard: T* #y 20 -feet k3g� minimum. Off street parking may encroach upon the setback area, but may not diminish the required amount of landscaping. 2. Side Yard: Tw eRty fiVe 10 -feet 9-5� minimum, unless one of the following conditions exists: a. If the side yard adjoins a dedicated street, a minimum of y 20 -feet shall be provided; and b. If the side yard abuts property with a different classification, the side yard setback shall be the average of the two {2-) side yard setbacks, but not less than ten feet-0-0�. 3. Rear Yard: €+ve 5 -feet k94 minimum, unless the rear yard adjoins an alley, dedicated street, or public right-of-way, or if the primary access is through the rear yard. In these cases, a minimum of t" 20 -feet k3Q' shall be provided. 4.Fut re pSt:ree:t,ITITITRi ht ofwav Lines. If anv future stet riq�t-.©f7wa..y.....L has a.mm._....m._.._m.... ad=, 'y . LL y .— ._......_.:N h line shall) be eN ie,lk^.:.a b plan adoN)'ted b........t....................._...m...........m......... e N;t'aurYC'N L.....m .......... considered,to be the oN�ooeoty Nine for p,far IT mm m tm d ITinina setbacks, �.Easements. Setbacks from ieg h a a awa.raj _c l r than street Baht-of-wav easements. shall not be o _r d.:In dit% L o h aq�praN riate review and e _ req o N i_ . M_ ..._mm. _ . _aooroval by:.........t..h...e........s.m�itamm.. .....���cor�kr.mnA J0.toenv structure or :im.w.rov...e:.r?.e.......pI t aL p ...nIT allowed within a1eaaa5et ent without written authorization frmth WP _µ.._mm... holder of the easement. Such authorization shall be in a fore ecnotable to, -w ..................... _. the Director. ORDINANCE NO. 1588 Page 9 of 11 rl Alley ro M U 10,000 s.f. r Min. a r M U Zone a r 27.5' p r a u 925'30",• �; 30' . Fronti 100" Min, Frontage Street E. Lot Frontage: Each lot in the MU -N Zone shall have a minimum frontage on a street of ene e4 100-feet�A'}. F. Building Area: The total net floor area of all buildings shall not exceed the total net square footage of the property multiplied by 1.3 or an FAR 1.3:1. Additional FAR may be granted for properties east of .Pacific Coast I-liahwa only, with approval of a transfer of development rights (TDR) plan. I 1 M.V- . 1 d - a 10,000 Sf F.A.R. a 1.3 Bldg. Area w 13,000 sl SECTION 3: 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. 1588 Page 10 of 11 SECTION 9: 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 10: This Ordinance will become effective on the 31st day following its passage and adoption. PASSED AND ADOPTED this 3rd day of September, 2019. ATTEST: C) I TracftWea , City Clerk APPROVED AS TO FORM: 114) Mark'6, ORDINANCE NO. 1588 Page 11 of 11 CERTIFICATION STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS CITY OF EL SEGUNDO 1, Tracy Weaver, City Clerk of the City of El 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. 1588 was duly introduced by said City Council at a regular meeting held on the 20th day of August, 2019, 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 3rd day of September, 2019, and the same was so passed and adopted by the following vote: AYES: Mayor Boyles, Mayor Pro Tern Pirsztuk, Council Member Brann, Council Member Pimentel, and Council Member Nicol NOES: and ABSENT: Nong ABSTAIN: Nontt WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this f�day of September, 2019. Gw 0,46u�) Icy Weaver, City Clerk of the City of El Segundo, California