ORDINANCE 1633ORDINANCE NO. 1633
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE TITLE
14 (SUBDIVISION REGULATIONS) TO ADD NEW CHAPTER 6 AND
TITLE 15 (ZONING CODE) CHAPTER 4 TO ADD NEW ARTICLE G
ALLOWING CERTAIN SUBDIVISIONS AND MULTIPLE RESIDENTIAL
UNITS IN THE SINGLE FAMILY RESIDENTIAL ZONE AND
ESTABLISHING OBJECTIVE STANDARDS PURSUANT TO SENATE
BILL NO. 9.
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: The City Council finds and declares as follows:
A. On September 16, 2020, Senate Bill No. 9 ("SB 9") was approved by
Governor Gavin Newsom. The bill amended Section 66452.6 of, and added
Sections 65852.21 and 66411.7 to, the Government Code, relating to land
use. SB 9 became effective on January 1, 2022;
B. On October 28, 2021, the City initiated an application for Environmental
Assessment No. EA 1317 and Zone Text Amendment No. ZTA 22-01 to
amend El Segundo Municipal Code ("ESMC") Chapter 15-4 to implement
SB 9's requirements and allowance for certain local control elements;
C. On January 13, 2022, the Planning Commission held a duly noticed public
hearing to receive public testimony and other evidence regarding the
proposed Zone Text Amendment, including, without limitation, information
provided to the Planning Commission by City staff and public testimony;
D. On January 13, 2022, the Planning Commission adopted Resolution No.
2911 recommending the City Council approve Environmental Assessment
No. EA-1317 and Zone Text Amendment No. ZTA 22-01;
E. On February 1, 2022, the City Council held a duly noticed public hearing
and considered the information provided by City staff and public testimony
regarding this Ordinance;
F. After discussion and deliberation on the proposed Ordinance, the City
Council directed staff to revise the proposed development standards and
continued the public hearing to the February 15, 2022 City Council
meeting;
G. On February 15, 2022, the City Council held a duly noticed public hearing
and considered the information provided by City staff and public testimony
regarding the updated Ordinance; and
City of El Segundo
Ordinance No. 1633
Page 2 of 12
K 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 February 15, 2022 hearing and the
staff report submitted by the Development Services Department.
SECTION 2: Environmental Assessment. The Planning Commission finds that the
proposed zone text amendment (Ordinance) is exempt from review 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 "State CEQA Guidelines") because SB 9 specifically authorizes local agencies
to impose objective zoning, subdivision, and design standards consistent with the bill's
provisions, and to adopt an ordinance to implement its provisions. SB 9 further provides
that such ordinances are not considered a "project" under CEQA (Gov. Code, §§
65852.21, subd. 0); 66411.7, subd. (n)).
SECTION 3: Factual Findings and Conclusions. The City Council finds, without limitation,
that this Ordinance would result in the following:
A. Conformance with the provisions of Senate Bill No. 9, as approved by Governor
Gavin Newsom on September 16, 2021;
B. Creates objective standards to implement the provisions of Senate Bill No. 9;
C. Allows subdivisions and allows construction of multiple residential units in the
Single -Family Residential Zone; and
D. The General Plan Land Use designation for the affected properties in the Single -
Family Residential (R-1) Zone is Single -Family Residential.
SECTION 4: General Plan Findings. As required under Government Code § 65860 the
ESMC amendment proposed by this Ordinance is consistent with the El Segundo General
Plan as follows:
A. The amendment conforms with the Land Use Element Goals, Objectives and
Policies. Specifically, the amendment is consistent with Goal LU1, Objective LU1-
1, Goal LU3, in that the amendment as a comprehensive whole creates design
standards, and helps maintain a sense of place for the entire City; preserves and
maintains the City's low -medium density residential nature, with low building height
profile and character, and minimum development standards; and promotes the
health, safety, and well-being of the people of El Segundo by adopting standards
for the proper balance to maintain the character of the R1 Zone and continue El
Segundo's "small town" atmosphere.
SECTION 5: Zone Text Amendment Findings. In accordance with ESMC § 15-4A and
based on the findings set forth in Section 3, the proposed Ordinance is consistent with
City of El Segundo
Ordinance No. 1633
Page 3 of 12
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 create objective standards, allow
subdivisions and allow construction of multiple residential in accordance with
Senate Bill No. 9, which will facilitate and expedite the development process and
provide economic and social benefits resulting from the orderly planned use of land
resources.
SECTION I 6: Chapter 4 (Residential Zones) of Title 15 (Zoning Regulations) of the ESMC
is amended to add new Article G (Two -Unit Residential Development and Urban Lot Splits
in Single -Family Residential (R1) Zones) as follows:
"Article G.
Two -Unit Residential Developments and Urban Lot Splits in Single -Family
Residential (R1) Zones
15-4G-1: PURPOSE
15-4G-2: GENERAL REQUIREMENTS
15-4G-3: GENERAL URBAN LOT SPLIT DEVELOPMENT STANDARDS
15-4G-4: DEVELOPMENT STANDARDS FOR LOTS WIDER THAN TWENTY-
FIVE FEET
15-4G-5: DEVELOPMENT STANDARDS FOR LOTS TWENTY-FIVE FEET
WIDE OR LESS
15-4G-6: APPLICATION PROCESS
15-4G-7: TENANCY
15-4G-8: INCLUSIONARY UNITS
15-4G-1: PURPOSE
This article is adopted pursuant to Government Code section 65852.6, 65852.21,
and 66411.7 for the purpose of implementing the City's regulation of two -unit
residential development and urban lot splits in the City's Single -Family Residential
Zone.
Government Code section 65852.21(a) requires the City ministerially approve
certain housing developments containing no more than two residential units within
a single-family residential zone. Government Code section 66411.7(a) requires
City of Ell Segundo
Ordinance No. 1633
Page 4 of 12
that the City ministerially approve a parcel map for an urban lot split, subject to
standards set forth in Government Code section 66411.7(a)(1), (2), and (3).
15-4G-2: GENERAL REQUIREMENTS
Notwithstanding the standards outlined in this Article G of Chapter 4 of Title 15 of
this code, all other standards provided in Article A of Chapter 4 of Title 15 of this
code will apply, unless prohibited by state law.
15-4G-3: GENERAL URBAN LOT SPLIT DEVELOPMENT STANDARDS
All urban lot splits with two -unit residential developments within the R1 Zone must
comply with the R1 development standards contained in Section 17.210.020 and
the development standards of this Section 15-4G-3. If there are conflicts between
the provisions of Section 17.210.020 and this Section 15-4G-3, the provisions of
this Section will govern.
A. Urban lot splits must incorporate all built -form parameters of State of
California Government Code Section 66411.7, including:
1. A parcel map that subdivides an existing R1 parcel will create no more
than two new parcels of approximately equal lot area and with one of the
two created parcels not smaller than 40 percent of the lot area of the
original parcel proposed for subdivision. See Figure 4G-1.
2. Both newly created parcels will be no smaller than 1,200 square feet in
gross area.
3. No more than two (2) dwelling units per lot will be constructed on a R1
urban lot split.
4. Accessory Dwelling Units or Junior Accessory Dwelling Units are
prohibited where an Urban Lot Split is also developed with a two -unit
residential development pursuant to Section 15-4G-4 and 15-4G-5.
5. A minimum of one off-street parking spaces will be provided per newly
constructed dwelling unit. No parking is required if parcel is located
within one-half mile walking distance of a High -quality Transit Corridor
or major transit stop or if a car share vehicle is located within one -block
of the parcel.
B. Lot line splits will be parallel to public street frontages. See Figure 4G-2.
C. When cross easements across lot split parcels are required to provide
access to units, or access to vehicle parking spaces, or access to utilities
and utility connections, or access between lot split parcels, or access for
City of Ell Segundo
Ordinance No. 1633
Page 5 of 12
any other purpose, a covenant establishing the cross easement acceptable
to the Development Services Department must be recorded with the Los
Angeles County Recorder upon the filing of the Final Parcel Map described
in chapter 6 of title 14 of this code.
u. s.6,TN,
Figure 4G-1
Figure 4G-2
15-4G-4: DEVELOPMENT STANDARDS FOR LOTS WIDER THAN TWENTY-
FIVE FEET
All two -unit residential developments and urban lot splits on lots that are wider than
twenty-five feet (25') within the R1 Zone must comply with the development
standards contained in this section.
A. Where an R1 lot abuts an alley, vehicular access to the lot must be from the
alley, except when 80 percent or more of the properties on the same block
face on the same side of the street have existing vehicular access from the
street. For the purposes of this section, the "block" is defined as the
properties on the same side of the street between the nearest intersecting
streets.
B, When an R1 lot is not alley -adjacent, a maximum of one, maximum ten feet
(10') wide, access drive is permitted in the front yard.
C. A minimum of one off-street parking spaces will be provided per newly
constructed dwelling unit. No parking is required if parcel is located within
Y2 mile walking distance of a High -quality Transit Corridor or major transit
stop or if a car share vehicle is located within one -block of the parcel.
D. On lots abutting an alley no vehicular access must be provided from a
street.
E. Floor Area Ratio:
City of El Segundo
Ordinance No. 1633
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1. The maximum total building area on the lot must not exceed an overall
floor area ratio (FAR) of 0.60.
2. The maximum total floor area of a residential dwelling unit must not
exceed 1,050 square feet.
3. Nothing in this Chapter is meant to prohibit a residential dwelling unit of
at least 800 square feet of total floor area.
F. Setbacks:
Front Yard: Structures must maintain a twenty-two foot (22') minimum
setback or the prevailing front yard setback, whichever is less. For the
purposes of this section, "prevailing" is defined as the numerical value
describing the average front yard setback dimension of each lot within
the block of the development, exclusive of the lowest 25% and the
highest 25% dimensions. For the purposes of this section, the "block" is
defined as the properties on the same side of the street between the
nearest intersecting streets.
a. Permitted Front Yard Setback Encroachments: only those front yard
encroachments permitted by Section 154A-6(D)(1)(a)(1), Section
15-4A-6(D)(1)(a)(2), Section 15-4A-6(D)(1)(a)(6), Section 15-4A-
6(D)(1)(a)(7), and Section 15-4A-6(D)(1)(a)(8),
2. Side Yard: Structures must maintain a minimum setback of four feet (4')
on each side of the lot.
3. Rear Yard: Structures must maintain a minimum setback of four feet (4')
on the first and second floors.
Notwithstanding Subsections F(1), F(2), and F(3) above, no setback must
be required for an existing structure or new structure constructed in the
same location and to the same dimensions of an existing structure.
G. Building Orientation
At least one entry door to a residential unit must face and be directly
visible from the adjoining street and sidewalk.
H. Mass and Bulk:
1. Second levels must be less than or equal to ninety percent (90%) of the
area of the first level.
2. All attached garages must be offset at minimum three feet (3') from the
front building fagade plane.
City of Ell Segundo
Ordinance No. 1633
Page 7 of 12
Height and two-story limitation: Height and two-story limitation: The height
of structures must not exceed the lesser of twenty-six feet (26') or two (2)
stories.
J, Landscaping: A minimum of two (2) twenty -four -inch (24") box trees with
irrigation must be planted in the front yard.
K. Where a subdivided lot abuts an alley and the vehicular entrance to the
structure is from the alley, such vehicular entrance must 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
15-4G-5: DEVELOPMENT STANDARDS FOR LOTS TWENTY-FIVE FEET
WIDE OR LESS
All two -unit residential developments and urban lot splits on lots that are twenty-
five feet (25') wide or less within the R1 Zone must comply with the development
standards contained in this section.
A. Where an R1 lot abuts an alley, vehicular access to the lot must be from the
alley.
B. A minimum of one off-street parking spaces must be provided per newly
constructed dwelling unit. No parking is required if parcel is located within
Y2 mile walking distance of a High -quality Transit Corridor or major transit
stop or if a car share vehicle is located within one -block of the parcel.
C. Structure Size: The maximum total floor area of a residential dwelling unit
must not exceed 850 square feet
D. Nothing in this Chapter is meant to prohibit a residential dwelling unit of at
least 800 square feet of floor area.
E. Setbacks:
Front Yard: Structures must maintain a twenty-two foot (22') minimum
setback or the prevailing front yard dimension, whichever is less. For the
purposes of this section, "prevailing" is defined as the numerical value
describing the average front yard setback dimension of each lot within
the block of the development, exclusive of the lowest 25% and the
highest 25% dimensions. For the purposes of this section, the "block" is
City of El Segundo
Ordinance No. 1633
Page 8 of 12
defined as the properties on the same side of the street between the
nearest intersecting streets.
a. Permitted Front Yard Setback Encroachments: only those front yard
encroachments permitted by Section 15-4A-6(D)(1)(a)(1), Section
154A-6(D)(1)(a)(2), Section 154A-6(D)(1)(a)(6), Section 15-4A-
6(D)(1)(a)(7), and Section 154A-6(D)(1)(a)(8),
2. Side Yard: Structures must maintain a minimum setback of three feet
(3') on each side of the lot.
3. Rear Yard: Structures must maintain a minimum setback of four feet (4')
on the first and second floors.
Notwithstanding Subsections E(1), E(2), and E(3) above, no setback will be
required for an existing structure or a structure constructed in the same
location and to the same dimensions of an existing structure.
E. Height and two-story limitation: The maximum height of structures must not
exceed the lesser of twenty-six feet (26') or two (2) stories. The height of
the structure shall be measured from average grade plane to the highest
point of the structure, including all elements identified in Section 15-2-3
(Exceptions to Building Height) that would otherwise be exempt.
F. Design Requirements for Street -Facing Residences:
1. A porch or veranda must be provided along the front fagade of a street -
facing residence.
2. The porch or veranda may not be fully enclosed on three (3) sides
(railings and/or columns permitted).
3. The porch or veranda may encroach into the front yard setback a
maximum of six feet (6').
G. Landscaping: A minimum of one (1) twenty -four -inch (24") box tree with
irrigation must be planted in the front yard.
H. Building Separation: A minimum distance of at least four feet (4') must be
maintained between buildings.
Where a subdivided lot abuts an alley and the vehicular entrance to the
structure is from the alley, such vehicular entrance must be set back a
distance measured from the opposite side of the alley that will provide a
turning radius as follows:
City of El Segundo
Ordinance No. 1633
Page 9 of 12
90 degrees - 25 feet
75 degrees - 21 feet
60 degrees - 18 feet
45 degrees - 15 feet
15-4G-6: APPLICATION PROCESS; FEES
Any application for a building permit to create a two -unit residential development
or a lot created pursuant to an Urban Lot Split in compliance with this Article on a
single-family residential lot will be ministerially approved. Properties developed
under this section will be subject to all applicable fees, including development
impact fees, and assessments.
15-4G-7: TENANCY
A. Each unit created under this chapter may be rented separately, however
rental terms must not be less than 31 consecutive days or allow termination
of the tenancy prior to the expiration of at least one 31-day period
occupancy by the same tenant.
& Urban Lot Split: The applicant for an urban lot split must sign an affidavit, in
the form approved by the City Attorney, stating that the applicant intends to
occupy one of the housing units on the newly created lots as its principal
residence for a minimum of three years from the date of the approval of the
Urban Lot Split. This subsection does not apply to an applicant that is a
"community land trust," as defined in clause (ii) of subparagraph (C) of
paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and
Taxation Code or is a "qualified nonprofit corporation" as described in
Section 214.15 of the Revenue and Taxation Code.
C. Two -Unit Residential Development: The property owner of a parcel on
which a two -unit residential development is proposed must record a
covenant with the county recorder which requires the property owner to
occupy one of the housing units on the newly created units as its principal
residence.
15-4G-8: INCLUSIONARY UNITS
At least one of the units in each two unit residential development, or at least one
unit on any lot created pursuant to an Urban Lot Split, must be constructed and
offered for sale or for rent as a moderate, low, or very low-income unit, restricted
for occupancy by a moderate, low or very low-income household, as defined in
and pursuant to the procedures in the City's "Affordable Housing Policies and
Procedures."
City of El Segundo
Ordinance No. 1633
Page 10 of 12
SECTIONZ. 7: Title 14 of the ESMC is amended to add new Chapter 6 "General Urban
Lot Splits" to read as follows:
"Chapter 6
GENERAL URBAN LOT SPLITS
14-6-1: PURPOSE
14-6-2: PARCEL MAP REQUIRED
14-6-1: PURPOSE
This article is adopted pursuant to Government Code section 66452.6, 65852.21,
and 66411.7 for the purpose of implementing the City's regulation of two -unit
residential development and urban lot splits in the City's Single -Family Residential
Zone.
Government Code Section 66411.7(a) requires that the City ministerially approve
a parcel map for an urban lot split, subject to standards set forth in Government
Code section 66411.7.
14-6-2: PARCEL MAP REQUIRED
Any person proposing to subdivide a property in the Single Family Residential (R1)
Zone for the purpose of implementing an urban lot split pursuant to Government
Code section 66411.7 must file a Parcel Map application in accordance with El
Segundo Municipal Code Section 14-1-3. The Parcel Map must be approved by
the Development Services Director if said Parcel Map complies with the provisions
and applicable requirement specified in Article G of Chapter 15-4 of this Code and
Government Code section 66411.7."
SECTION 8: 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.
SECTION g: 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.
City of Ell Segundo
Ordinance No. 1633
Page 11 of 12
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: Recording. 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 (15) days after the passage and adoption of this Ordinance, cause it to be
published or posted in accordance with California law.
SECTION 12: Execution. The Mayor or presiding officer is hereby authorized to affix his
signature to this Ordinance signifying its adoption by the City Council, and the City Clerk,
or duly appointed deputy, is directed to attest thereto.
SECTION
signatures
be treated
13: Electronic Signatures. This Ordinance may be executed with electronic
in accordance with Government Code §16.5. Such electronic signatures will
in all respects as having the same effect as an original signature.
SECTION 14: Effectiveness. This Ordinance will go into effect and be in full force and
effect on the thirty-first (31st) day after its passage and adoption. If SIB 9 is repealed in
whole or in part, the corresponding ESMC chapter and/or sections will also be deemed
repealed.
PASSED AND ADOPTED this 1st day of March, 2022,
Drew BoIay..
ATTEST:
dAY:::"
Tracy WeavLVr, City Clerk
APPROVED AS TO FORM:
Mark D. HeLnsley, City Attorney
City of El Segundo
Ordinance No. 1633
Page 12 of 12
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, 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. 1633 was duly introduced by said City Council at a regular meeting held
on the 15t" day of February, 2022, 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 1st day of March, 2022, and the same was so passed
and adopted by the following vote:
AYES: Mayor Boyles, Mayor Pro Tern Pimentel, Council Member Pirsztuk, Council
Member Nicol, and Council Member Giroux
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of March,
2022.
acy Weaver, City Clerk
of the City of El Segundo,
California