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ORDINANCE 1613ORDINANCE NO. 1613 AN ORDINANCE AMENDING TITLE 15 OF THE EL SEGUNDO MUNICIPAL CODE RELATED TO ACCESSORY DWELLING UNITS TO COMPLY WITH STATE LAW The City Council of the City of EI Segundo does ordain as follows: SECTION 1: The City Council finds and declares as follows: A. On February 15, 2005, the City Council adopted Ordinance No. 1381 which added article E to EI Segundo Municipal Code (ESMC) chapter 15-4 which provided for the creation of second dwelling units; the ordinance limited the location of second dwelling units to the R-1 zone and applied certain development standards as permitted by law; B. On September 27, 2016, Assembly Bill No. 2299 and Senate Bill No. 1069 were both approved. These bills amended state law to facilitate the development of accessory dwelling units (formerly termed "second dwelling units"); C. On June 6, 2017, the City Council adopted an ordinance amending the City's municipal code to allow accessory dwelling units in compliance with state law, but also limited the location of accessory dwelling units to certain areas within the City as described by this ordinance and pursuant to Government Code section 65852.2(a)(1)(A), including disallowing the conversion of garages into accessory dwelling units; D. In October 2019, the Governor signed Assembly Bill 881 (Bloom) into law, which broadened state law regarding accessory dwelling units and indicated that the City must allow garages to be converted into accessory dwelling units; AB 881 took effect on January 1, 2020; E. On December 12, 2019, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the proposed ordinance; the Planning Commission adopted Resolution No. 2881 recommending the City Council adopt the proposed ordinance, and also that the City Council reserve its right to conduct studies on the impacts of accessory dwelling units on water and sewer services and the impact of accessory dwelling units on traffic flow and public safety, in the event that the City wishes to designate areas where accessory dwelling units may not be allowed pursuant to Government Code section 65852.2(a)(1)(A); F. The City Council desires to comply with state law by adopting this Ordinance, while reserving its right to conduct studies evaluating the adequacy of water and sewer services; G. This Ordinance and its findings are made based upon the entire administrative record including the Planning Commission's recommendation, testimony and evidence presented to the City Council at its December 12, 2019 hearing, and the staff report submitted by the Planning and Building Safety Department. SECTION 2: Factual Findings and Conclusions. The City Council finds that introducing and adopting the proposed ordinance will amend the portions of the City's municipal code that address ADUs to bring them into compliance with state law. 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 zone text amendment is in conformity with the Land Use Element goals, objectives and policies. Specifically, the zone text amendment is consistent with Land Use Element Goal LU3 and Objectives LU3-1 and LU3-2 in that the amendment will: a) facilitate the development of accessory dwelling units in the City's R-1 and R-2 zones as required by Section 65852.2 of the Government Code; and B, The proposed zone text amendment is consistent with the Housing Element goals, objectives and policies. Specifically, the zone text amendment is consistent with Goal No. 4 to remove governmental constraints on housing development, in that it will remove the location restrictions, lot size, and parking requirements for accessory dwelling units. In addition, the zone text amendment is consistent with the goal of assisting in the production of affordable housing and Program No. 3 in that it will facilitate the development of accessory units on R-1 zoned lots. Further, the zone text amendment is consistent with Program No. 6 to facilitate development on underutilized sites and on small lots, particularly on small lots in the R-2 zone through the elimination of parking requirements for accessory dwelling units. SECTION 4: Zone Text Amendment Findings. In accordance with ESMC Chapter 15-26 and based on the findings set forth in Section 2, the proposed zone text amendment is consistent with and necessary to carry out the general purpose of ESMC Tile 15 as follows: A. It 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; and B. It is necessary to facilitate the development process and ensure the orderly location of uses within the City. ORDINANCE NO. 1613 PAGE 2 of 14 SECTION 5: Environmental Assessment. Because of the facts set forth in Section 2, the proposed zone text amendment is statutorily exempt from further environmental review under the California Environmental Quality Act (California Public Resources Code §§21000, et seq., "CEQA") and CEQA Guidelines (14 California Code of Regulations §§15000, et seq.), because it involves the adoption of an ordinance regarding accessory dwelling units in a single-family or multifamily residential zone to implement the provisions of section 65852.2 of the Government Code as set forth in section 21080.17 of the Public Resources Code, pursuant to CEQA Guidelines section 15282(h). SECTION 6: ESMC Title 15, Section 15-1-6 (Definitions) is amended by adding the following: "ACCESSORY DWELLING UNIT, JUNIOR: A unit that is no more than 500 square feet in size and contained entirelv within an existing single-familv structure. A iunior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. JUNIOR ACCESSORY DWELLING UNIT: See "Accessory Dwellinq Unit, Junior." SECTION 7: ESMC Title 15, Chapter 4, Article A (Single -Family Residential (R-1) Zone), Section 6, Subsection H is amended as follows: "H. Detached Accessory Buildings, e4ing "nits As Defined In Section 15-1-6 Of This Title: 1. A� All detached accessory b+u' n of acs°sa eXGe --Fage, structures may not exceed 1,200 square feet gross floor area in aggreqate per parcel feet; 2. Except as permitted in Chapter 15-4E related to accessory dwelling units, Dets -detached accessory buildings are limited to two (2) stories, and may include an attic, which may be used for storage purposes only, provided that access to the attic is not from permanently fixed stairs (pull down type stairs are permitted), no plumbing is permitted, and electrical fixtures are limited to the minimum required by the California Building Code and California Electrical Code; 3. Unless permitted as an accessory dwelling unit, detached accessory buildings may not contain a kitchen or kitchen facilities, a bathtub or shower and may not be used for sleeping purposes or as an "R" occupancy, as defined by the California Building Code, except that they may contain a sink and a toilet; 4. Unless permitted as an accessory dwellinMni detached accessory buildings may not be rented or used as a separate dwelling unit; and 5. Before the City issues a building permit for a detached accessory structure, except as g e --an accessory dwellin unit, the Director will require that a ORDINANCE NO. 1613 PAGE 3 of 14 covenant running with the land be recorded stating that the accessory structure may not be used used in violation of this section." SECTION 6: ESMC Title 15, Chapter 4, Article A (Single -Family Residential (R-1) Zone), Section 6-1, Subsection J is amended as follows: "J. Detached Accessory Buildings, Not Including Detached Accessory Dwelling Units As Defined In Section 15-1-6 9f -of This Title: 1. Any All detached accessory eeept the,age; structures, may not exceed 1,266 square feet cross floor area in agrcate per parcel except as permitted in Chapter 15-4Dr fteria than s4-htmde X16001 -q- a edeet; 2. Except as permitted in Chapter 15-4E related to accessory dwelling units, De4aebedetached accessory buildings are limited to one floor, but may include an attic, which may be used for storage purposes only, provided access to the attic is not from permanently fixed stairs (pull down type stairs are permitted), no plumbing is permitted, and electrical fixtures are limited to the minimum required by the California building code and California electrical code; 3. Unless permitted as an accessory dwelling unit detached accessory buildings may not contain a kitchen or kitchen facilities, a bathtub or shower and may not be used for sleeping purposes or as an R occupancy, as defined by the California building code, except that they may contain a sink and a toilet; 4. Unless permitted as an accessory dwelling unit, � detached accessory buildings may not be rented or used as a separate dwelling unit; and 5. Before the City issues a building permit for a detached accessory structure, except a ge—an accessory dwellinc unit, the Director will require that a covenant running with the land be recorded stating that the accessory structure may not be used as a g- used in violation of this section." SECTION g: ESMC Title 15, Chapter 4, Article B (Two -Family residential (R-2) Zone), Section 6, Subsection J is amended as follows: "J. Detached Accessory Buildings: •- -• - • ., s� ...W ill '161101 •, e, IN! _• z 11 r �w -•. • •. 2, Except as permitted in Chapter 15-4E related to accessory dwelling units, Detached -detached accessory buildings shall be limited to one M floor, but may include an attic, which may be used for storage purposes only, provided access to the attic is not from permanently fixed stairs (pull down type stairs are permitted), ORDINANCE NO. 1613 PAGE 4 of 14 no plumbing is permitted, and electrical fixtures are limited to the minimum required by the LJn*fOFFn California Building Code (UBS) and National California Electrical Code '"'�. 3. 'Unless oermitted as an accessory dwellino unit.Cetaeded-detached accessory buildings shall not contain a kitchen or kitchen facilities, a bathtub or shower and shall not be used for sleeping purposes or as an "R" occupancy, as defined by the kJifGFM California Building Code (UBC), except that they may contain a sink and a toilet. 4. Unless oermitted as an accessory dwelling unit, aehe4--detached accessory buildings may not be rented or used as a separate dwelling unit; and 5. Prior to issuance of a building permit for a detached accessory structure, except a-gaFage an accessory dwellino unit, the Director le comes shall require the recording a covenant to run with the land, which states that the accessory structure shall not be used in violation of this section." SECTION 10: ESMC Title 15, Chapter 4, Article C (Multi -Family Residential (R-3) Zone), Section 5, Subsection G is amended as follows: "G. Placement Of -of Buildings and Structures: 1. The distance between buildings shall be governed by the UnifOFn; California Building Code. 2. A detached accessory structure in the rear one-third {Wof the lot may be located on the rear and one 0) interior side lot line, unless one M of the following conditions exists: a. Where the lot rears upon an alley and the vehicular entrance to the detached accessory structure is from the alley, such detached accessory structure shall be set back a distance measured from the opposite side of the alley that will provide a turning radius as follows: 90 degrees - 25 feet 75 degrees - 21 feet 60 degrees - 18 feet 45 degrees - 15 feet b. On the rear third of a reversed corner lot, a detached accessory structure may be built to the interior lot side line, but no building shall be erected closer than five feet k5! -to the property line of any abutting lot to the rear. However, if an alley intervenes and the vehicular entrance to the detached accessory building is directly from the street side, a detached accessory building may be built to the rear lot line. ORDINANCE NO. 1613 PAGE 5 of 14 c. Notwithstandina the above, a detached accessory dwelling unit must be set back at least four feet from interior side and rear raropertv lines. SECTION 11: ESMC Title 15, Chapter 4, Article C, Section 5, Subsection L is amended as follows, and Subsection M is added as follows: L. Detached Accessory Buildings: 1. Unless aermitted as an accessory dwellino unit, Detached detached accessory buildings shall not contain a kitchen or kitchen facilities, a bathtub or shower and shall not be used for sleeping purposes. Each multi -family lot is permitted no more than two detached accessory dwellina units. 2. Detached accessory buildings, except detached accessory dwellina units, shall not be rented or used as a separate dwelling unit or as an "R" occupancy, as defined by the LJAiferFn California Building Code (LJBC), except that they may contain a sink and a toilet. 3. Prior to issuance of a building permit for a detached accessory structure, except a e -detached accessory dwellina unit, the Director of Glammtmity, Economic shall require the recording of a covenant to run with the land, which states that the accessory structure shall not be used as adwellin Unit OF used in violation of this subsection -L. M. Accessory dwelling units are permitted within residential structures as follows: 1. Multiple accessoiry dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space„ including, but not limited to.. storaae rooms, boiler rooms, oassa eways. attics, basements, or garaaes, if each unit complies with state building standards for dwellinas, 2. Ur) to 25 percent of existing units may have accessory dwellings within the space of the existing units. Lots with two or three units are permitted an accessory dwelling within the existing space of one unit. Lots develor)ed with a single family_ residence follow the auidelines for R-1." SECTION 12: ESMC Title 15, Chapter 4, Article E is amended as follows: "ARTICLE E. ACCESSORY DWELLING UNITS 15-4E-1: PURPOSE; FINDINGS: This article is adopted pursuant to Government Code section 65852.2, a -s. amended by-Assemb ill 22919 (effeGtive 4—,404-7„ for the purpose of implementing the City's regulation of accessory dwelling units. ORDINANCE NO. 1613 PAGE 6 of 14 .? ), tl Marti within the '' whef-c accessoryd4 dwelling ryase4h YVGA­s� noise, mss, thin at le restrictson� ly imparts, t r " „d +he d li iees- Government Code section 65852.2(e) reauires the Citv ministerially approve certain accessory dwellina units in certain residential or mixed use zones within the Citv. On the other hand, Government Code section 85852.2(a)(1)(A), allows the designation of areas for accessory dwelling units `abased on the adeauacv of water and sewer services and the impact of accessory dwelling units on traffic flow and public safetv." The City Council finds that the conditions that were cited in Ordinance No. 1381 that existed in the Citv at the time 0.e., increased traffic,. relativelv hiah density of housina in a small area, and intense on -street varkiina) continue to exist within the Citv. While the Citv Council recognizes that accessory dwellina units present a potential solution to the state's housina crisis, the Council continues to believe that accessory dwellina units increase the volume of vehicle traffic within the City, on streeta�rking, and noise, and can introduce pollutants into the City's storm drains. By adgptinci this chapter. the Citv Council) desires to comply with state law while reserving its fight to conduct studies evaluatina the adeauacv of water and sewer services. 15-4" E-3-2: GENERAL REQUIREMENTS: .1-2 F- puFpeses F1 le and defining an allowab4e R4404-0; M thz4t Pan hp Ann it#4e-tefm "TR'r4-uC7 , 2eAsrtf �Yi ! "" �y4-,-L.aw€ p•+y te'd-ent#e t t ,ry 'SQA 2—.Can-be made® ccaa b i4di at the determi ewe . A-Gf=fieial. B -A. Locations: Accessory dwelling units are permitted by right throughout the -R- 4-Z-GA4at-a , feet anv zone where residential uses are permitted. Accessory dwelling units may be: 1) contained within the existing oar proposed space of a single-family residence armor attached to a single-family residence, 2) within the existing space of an ORDINANCE NO. 1613 PAGE 7 of 14 Rim Q existing accessory structure, suG i as a ---I hei Ise, s er similaF #+w;t_Fe� ^f tk,.+ n^+'z � I fGuF-("a4s-an I VW%A% I IW& . - - _ 4, or 3) detached from the single- family residence, subject to the requirements and development standards in this Code and State law. G,Rea4-Pmpeirty: Tale-pfGperty pFopes - for the aGG welling unit4nay ans*st of more t an one (1) lot D-B.entain an-exis" gle family d�well* 4MI-1 _Z%rlti M9 t may Gn4-be­-eofi­st-rurtcd i 'u--tien with a single fa"y-dwe4i-R9I _Qoniunction with Single -Family or Multi -Family Dwelling: An accessory dwelling unit may only be constructed in coniuiniction, with either an, existing or proposed single-family dwelling or an existing multi -family dwelling. C. Certificates of occupancy: The Citv shall not issue a certificate of occupancy for an accessory dwelling unit before a certificate of occupancy is issued for the. prrimary dwelling or dwellinqs. ED. Separate Sale Prohibited: Accessory dwelling units may not be sold separately from a primary dwelling. F -E. Owner Occupancy Required: For accessory dwelling units for which a building permit is applied for after January 1, 2025, Tbe—the primary dwelling or the accessory dwelling unit must be the primary residence of the property owner of the lot. If none of the units on the lot are occupied by the owner as the owner's primary residence, the accessory dwelling unit will automatically be deemed a non_ habitable space which may not be used as a dwelling and may not be rented. G -F. Covenant Required: Before the City issues a 14ng peFm*t certificate of occupancy for an accessory dwelling unit, the property owner must record with the County Recorder a covenant running with the land stating that D the accessory dwelling unit oam;et-mav not be used in violation of this chapter and 2) any rental of the accessory dwelling unit be for a term of 30 days, or longer, The covenant - a4 -t must be approved by the Director of-FhifAing and Building S_fetv pp and approved as to form by the City Attorney. H -G. Release Of Covenant: In the event a covenant was previously recorded for a permitted accessory structure restricting the structure as non -habitable pursuant to subsection 15 -4A -6H of this chapter, before the City issues a building permit for an accessory dwelling unit, the property owner must record a release of such covenant with the County Recorder, in a form approved by the Director of Planning and Building Safety and the City Attorney. H. The Citv may not condition its approval of the permit application by ireauirinq the applicant correct a nonconforming zoning condlition, as that term is defined in Government Code 658522 ORDINANCE NO. 1613 PAGE 8 of 14 15-4E-3: DEVELOPMENT STANDARDS: Accessory dwelling units must meet the development standards applicable to accessory structures in the R 2 Zo eta44deFds zone in which the'v are situated except as follows: A. Height: Same as residential structures in the R-1 and R 2 Zones. B. Setbacks: 1. Attached Te -to APAand/8r-or Within A -a Primary Dwelling: Same as primary dwellings in the R ��-zone in which thev are situated. If the primary dwelling has a nonconforming setback, the accessory dwllinq portion may, maintain the same setback. 2. Detached €from A -a Primary Dwelling: Same as detaGhed-a"esse.Qo sures-in t R 1 and s. if the setback required in a zone for accessory structures is other than four feet from the interior side or rear lot lines. the detached accessory dwelling must be set back no less than four feet. 3. Exception: No setback shall apply to a I 4 portion of an existing geese or carport --structure that is converted to an accessory dwelling unit. C. Building Area: 1. Attached to a primary dwelling and/or within the primary dwelling: Maximum of fefty none 49 percent -(49%) of the total floor area of the combined -4- --MYs,quive et, -Mi-oheever is less. 2. Detached: Maximum of . , dFed (1,200) square feet. 3. The total area of the primary dwelling and the accessory dwelling unit may not exceed the maximum permitted floor area of the lot, except an existing structure is converted to an accessory dwelling unit. 4. Nothinq in this chapter is meant to prohibit an accessory dwelling unit up to 850 square feet, or 1,000 square feet for a two bedroom unit. D. . w D-.- , ...-- let. in all Ga--,- ry , - g, -. AwAika i Mal -0 11191-11 ORDINANCE NO. 1613 PAGE 9 of 14 1. One accessory dwelling unit or one iunior accessory dwellina unit per lot within a proposed or existina single-family dwellinci or existina accessory structure. _ 2. One detached or attached to an accessory structure accessory dwelling unit that mav be combined with one iumor accessory dwelling unit per lot with a proposed or existinq sLnale-familv dwelling. 3. Multiple accessory dwellinq units within the portions of existino multifamily dwelling structures that are not used as livable space, provided each unit complies with state building standards for dwellinqs, 4. One accessory dwelling unit or 25 percent of the existina multifamily dwelli:nq units, whichever is greater, within an existinq multifamily dwellinq. 5. Two detached accessory dwelfinq units per lot with an existinq multifamily dwelling_ E. Architectural Design: Each unit, whether attached or detached, must be architecturally compatible with the primary dwelling. F. Parking: 1._No parking spaces are required for accessory dwelling units within one-half 02) mile of a transit stop. 2. When a ciaracie, carport, or covered Darkina structure is demolished in conjunction with the construction of an accessory dwelllinq unit, or converted to an accessory dwelling unit, replacement parking for the lost spaces are not reqqjLed. G. Separate Entrance: If the accessory dwelling unit is attached to or within the primary dwelling, it must have independent exterior access from the proposed or existing primary dwelling. Such independent exterior access may not be an entrance facing the front yard. An independent and separate entrance to the accessory dwelling unit must be located on the side or at the rear of the primary dwelling. H. Compliance: The accessory dwelling unit must comply with applicable Building, Health and Fire Codes except where explicitly exempted by Government Code section 65852.2. Fire sprinklers for accessory dwelling units are required only when they are required for the primary dwelling on the lot. 15-4E-4: APPLICATION PROCESS; FEES: A. PUFSuant to Gove,Fnment-Cede-se-etion-65W-,2,—aAny application for a building permit to create an accessory dwelling unit on a lot with an existing sinale-family tX dwelling or multifamily dwelling units that-aer4b -- 1, 1116 Ft,!Gle and is GthepMse —4v eemplete shall be ministerially approved within one, hundFed (120) fjO days ORDINANCE NO. 1613 PAGE 10 of 14 of the City's receipt of a completed application. Any permit aorAcation for an accessory dwellina unit that is submitted with a permit application to create a sinale-family dwelling shall be considered ministerially but is not subject to the 60- dav requirement to allow the City time to act on the permit application to create the new sinale-family dwelling, if necessarv. B. The appliGant must pay any applliGable fe For an accessory dwellinq unit of 750 square feet or more, the aRDlicant must per, illGluding - - -Wip*ed—te development impact fees imposed pursuant to chapter 27A of this title, in an amount set by City Council resolution,_Drovided that such development impact fee is proportional in relation to the square footage of the orimary dwelling unit. 15-4E-5: UTILITY CONNECTIONS: A. An accessory dwelling unit shall not be considered a new residential use for purposes of calculatina connection fees or capacity charaes for utilities, unless, the accessory dwelfinq unit is constructed simultaneouslv with a new sinale-familv dwelling. B. The City may reauire a new or separate utility connection directly between the accessory dwellina unit and the utility, and may require the Pavment of a connection fee or capacity charge for any accessory dwell'linq unit, unless the accessory dwelfinq unit is an accessory dwelling unit or iunior accessory dwellingt unit within the oroi)osed space of a sinale-family dwelllina or existincLsoace of a si:nale-family dwellina or accessory structure, in which event no new or separate utility connection may be required." SECTION 13: ESIVIC Title 15, Chapter 4 is amended by adding Article F to read as follows: "ARTICLE F. JUNIOR ACCESSORY DWELLING UNITS 15-4F-1: PURPOSE: This article is adopted pursuant to Government Code section 65852.22, for the purpose of imolementina the City's reaulation of iunior accessory dwelling units. 15-4F-2: GENERAL REQUIREMENTS: A. Permit Required: A permit must be obtained to create a iunior accessory dwelling unit. B. Density. One iunior accessory dwellina unit per residential lot zoned for sinale- familv residences with a sinale-familv residence built, or pr000sed to be built, on the lot. ORDINANCE NO. 1613 PAGE 11 of 14 C. Owner Occuvancv Required: The owner must reside in the sinale-family residence in which the iunior accessory dwellina unit will be Dermitted. The owner may reside in either the remainina portion of the structure or the newly created iunior accessory dwelling unit. Owner-occuoancv shall not be required if the owner is another governmental aaencv, land trust, or housing organization. D. Recordation of a deed restriction required: The applicant must record a deed restriction which includes both of the following: 1, A Drohibition on the sale of the iunior accessory dwelling unit separate from the sale of the sinale-family residence, including a statement that the deed restriction may be enforced against future purchasers. 2. A restriction on the size and attributes of the iunior accessory dwellinq unit that conforms with this section. 15-4F-3: DEVELOPMENT STANDARDS: A. A permitted iunior accessory dwelling unit must be constructed within the walls of the proposed or existina sinqle-familv residence, B. Separate Entrance Required: A iunior accessory dwelling must include a separate entrance from the main entrance to the or000sed or existina sinale-family residence. C. Efficiencv Kitchen Required: A iunior accessory dwellina unit must include an efficiency kitchen, which shall include all of the followira.. 2. A food preparation counter and storaae cabinets that are of reasonable size in relation to the size of the iunior accessory dwellina unit. we I ' m I1=1*191 A. Anv armlication for a buildina Dermit to create a iunior accessory dwelling unit on a lot with an existina sinale-familv shall be ministerially approved within 60 days of the Citv's receipt of a cornpleted aDDlication. Anv permit aDDliication for a iunior accessory dwelling unit that is submitted with a permit application to create a new sinqle-familv dwellina shall be considered ministeriallv but is not subiect to the 60 - ay requirement to allow the City time to act on the Diermit aDDlication to create the new sinale-family dwellina, if necessary ORDINANCE NO. 1613 PAGE 12 of 14 B. The applicant must pav anv applicable fees. 15-4F-5: UTILITY CONNECTIONS: A iunior accessory dwellino unit shall not be considered a new residential use for purposes of calculatina connection fees or capacity charges for utilities." SECTION 14: 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 15: ENFORCEABILITY. Repeal of any provision of the EI Segundo Municipal Code 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 16: 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 ordinance to remain in full force and effect for all purposes. SECTION 17: 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 16: 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 19: The City Clerk is further directed to submit a copy of this ordinance to the Department of Housing and Community Development within 60 days after adoption. ORDINANCE NO. 1613 PAGE 13 of 14 SECTION 20: This Ordinance will become effective on the thirty-first day following its passage and adoption. PASSED AND ADOPTED this 4t" day of February, 2020. w Drew 136-0—", ayor ATTEST: Tracy Weave City Clerk APPROVED AS TO FORM: Mark D. Hey, ity ttorney ORDINANCE NO. 1613 PAGE 14 of 14 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 four; that the foregoing Ordinance No. 1613 was duly introduced by said City Council at a regular meeting held on the 21St day of January, 2020, 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 4t" day of February, 2020, and the same was so passed and adopted by the following vote: AYES: Mayor Boyles, Mayor Pro Tem Pirsztuk, Council Member Pimentel, and Council Member Nicol NOES: None ABSENT: None ABSTAIN: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of February, 2020. ("acoyWeaver, City Clerk of the City of EI Segundo, California