ORDINANCE 1642ORDINANCE NO. 1642
AN ORDINANCE OF THE CITY OF EL SEGUNDO AMENDING TITLE 4
CHAPTER 16 (HOME SHARING PERMIT) AND TITLE 15 (ZONING
REGULATIONS) OF THE EL SEGUNDO MUNICIPAL CODE TO
EXTEND THE SHORT-TERM HOME SHARING RENTAL PILOT
PROGRAM IN THE CITY'S RESIDENTIAL ZONES.
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: The City Council finds and declares as follows:
A. Due to close proximity of El Segundo to Los Angeles International airport, beaches
and Southern California tourist destinations, and being home to a significant
number of Fortune 500 companies, the City of El Segundo is a popular location for
alternative short-term lodging;
B. The renting of rooms in private homes on a short-term basis to visitors provides a
community benefit by expanding the number and type of lodging facilities available
and assists owners of homes by providing revenue which may be used for
maintenance and upgrades to these units;
C. The renting of rooms in private homes by owners for temporary occupancy is also
a community concern due to the potential for increased traffic, and noise in
residential neighborhoods if these uses are not properly regulated;
D. Problems with short-term lodgings are particularly acute in the residential zones
where the peace, safety and general welfare of the long-term residents are
potentially threatened;
E. An effective way to minimize the problems associated with short-term rental units
is to allow short-term home sharing through a permit process with restrictions and
operational regulations;
F. On October 27, 2022, the El Segundo Planning Commission held a noticed public
hearing to receive public testimony and other evidence regarding the proposed
ordinance, including information provided by city staff; and, adopted Resolution
No. 2927 recommending that the City Council approve proposed amendments to
permanently allow short-term rentals in the form of home sharing only, as a
permitted use through issuance of a Home Share Permit;
G. On November 15, 2022, the El Segundo City Council held a public hearing,
considered the information provided by staff and public testimony regarding the
ordinance recommended by the Planning Commission, and approved a temporary
extension of the short-term rental program through December 31, 2022; and,
H.. This ordinance and its findings are made based upon the entire administrative
record including testimony and evidence presented to City Council at its November
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19, 2019, February 4, February 18, March 3 and June 16, 2020, and November
15, 2022 public hearings and the staff reports submitted by the Community
Development Department.
SECTION 2: Environmental Assessment. Pursuant to the provisions of the California
Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"),
the State's CEQA Guidelines, California Code of Regulation, Title 14, Section 15000 et.
seq., Staff found no evidence that EA-1180 and ZTA 22-01 would have a significant effect
on the environment and, therefore, the proposed Zone Text Amendment has been found
to be categorically exempt from the requirements of CEQA pursuant to 14 California Code
of Regulations § 15306 (Class 6) since the amendment involves extending a temporary
regulatory process for a use in the residential zoning districts. Consequently, no further
environmental review is required.
SECTION 3: General Plan Findings. Considering all of its aspects, the El Segundo
Municipal Code (ESMC) amendments proposed by this ordinance will further the goals,
objectives and policies of the General Plan and not obstruct their attainment. More
specifically:
A. This amendment conforms to 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 ensures the preservation, protection and
extension of existing residential uses; and promotes the health, safety, and
wellbeing of the people of El Segundo by adopting standards for the proper
balance, relationship, and distribution of the residential land uses at all times in
accordance with applicable law.
B. This text amendment of the Permitted Uses section in each of the City's residential
zones conforms to the General Plan. The changes do not modify or increase the
maximum density of dwelling units per acre currently allowed in the Residential
Land Use designation. As a result, the Zone Text Amendment conforms to the
Land Use Element of the General Plan.
C. The text amendment complies with Objective LU 1-5.6 in that the changes to the
existing language will allow short-term home sharing rentals for property owners
through a home sharing permit requirement provided it is the property owner's
primary residence.
D. The text amendment is consistent with the Residential Land Use designation in
that the changes do not modify or increase the maximum density of dwelling units
per acre currently allowed by the Residential zoning designations.
SECTION 4: Zone Text Amendment Findings. In accordance with ESMC Section 15-26-
4 the City Council finds as follows:
A. This 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. The
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proposed Ordinance allows home sharing as a permitted use provided that a Home
Share Permit is approved, which contains operational regulations, permit
conditions and restrictions that minimize impacts in residential neighborhoods.
B. This ordinance is necessary to minimize the likelihood that this activity goes
underground, at which point the City would not have an account of the number of
short-term rentals, their locations, or a funding mechanism to offset any increase
in demand for City services resulting from the short-term rental units.
C. The Council has determined that it is necessary to continue the short-term home
sharing pilot and temporary program for another twelve months for purposes of
gathering additional information regarding the impacts of the program and to study
the appropriate methods and penalties for individuals engaging in unlawful short
term rental activities in the residential areas of the City.
SECTION 5: Section 4-16-4 (Application for Permit; Fee) of the ESMC is amended to
read as follows:
"4-16-4: APPLICATION FOR PERMIT; FEE
An application for a Short-term Home Sharing Rental Permit must be made on a
form approved by the Director and must contain the following information:
A. The name, address and telephone number of the owner of the unit for which
the permit is to be issued.
B. Evidence that a City business license has been applied for or obtained for
operating a short-term home sharing business.
C. Evidence that a valid Transient Occupancy Registration Certificate has
been issued by the City for the home sharing unit.
D. Proof of general liability insurance in the amount of $1,000,000 combined
single limit and an executed agreement to indemnify, defend, and hold the City
harmless from any and all claims and liabilities of any kind whatsoever resulting
from or arising out of the short-term home sharing rental activity.
E. An acknowledgment that the use of the property for home sharing is subject
to a sunset provision, and that the owner will acquire no vested right to the
continued use of any portion of the dwelling unit for short-term home sharing rental
after the sunset period expires.
F. An affidavit signed by the property owner attesting that the property to be
used for short-term home sharing rental is the owner's primary residence as
defined in Section 4-16-2.
G. Such other information as required by the Administrative Guidelines or as
the Director deems reasonably necessary to administer this Chapter.
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H. The Short-term Home Sharing Permit Application must be signed by the
property owner and notarized.
I. An application for a Short-term Home Sharing Rental Permit must be
accompanied by a fee established by resolution of the City Council."
SECTION 6: Section 4-16-5 (Permit Expiration) of the ESMC is amended to read as
follows:
"4-16-5: PERMIT EXPIRATION
A. The permits issued pursuant to 4-16-4 shall expire on December 31, 2023,
unless they are terminated earlier pursuant to 4-16-11 or for any failure to comply
with all applicable laws and regulations.
B. Upon a change of property ownership, the Short-term Home Sharing Rental
Permit will automatically expire. For purposes of this Chapter, a change of
ownership has the definition set forth in Revenue and Taxation Code section 60 et
seq."
SECTION 7: Section 4-16-13 of the El Segundo Municipal Code is amended to read as
follows:
4-16-13: SUNSET PROVISION
This Chapter shall remain in effect until the earlier of this ordinance being
rescinded, or December 31, 2023. The sunset or repeal of any provision of this
Chapter does not affect any penalty, forfeiture, or liability incurred before, or
preclude prosecution and imposition of penalties for any violation occurring before
effective date of the sunset or repeal of the Chapter. Any such repealed part will
remain in full force and effect for sustaining action or prosecuting violations
occurring before the effective date of the repeal.
SECTION 8: Subsection (B) of Section 4-16-17 of the El Segundo Municipal Code is
amended to read as follows:
"B. Home sharing is permitted in the residential unit that is the primary residence
of the property owner within the R-1, R-2, or R-3 Zones, pursuant to El Segundo
Municipal Code §§ 15-4A-2, 15-4B-2, and 15-4C-2."
SECTION 9: Subsection (C) of Section 4-16-17 of the El Segundo Municipal Code is
amended to read as follows:
"[RESERVED]"
SECTION 10: Subsection (J) of Section 15-4A-2 of the El Segundo Municipal Code is
amended as follows:
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"J. On compliant parcels only, home sharing of a permitted single-family
dwelling unit, or portion thereof, when conducted in accordance with a valid Short-
term Home Sharing Rental Permit issued pursuant to Title 4, Chapter 16 of this
Code. This subsection will automatically sunset on December 31, 2023.
For purposes of this subsection, a compliant parcel is one that provides
off-street parking on the parcel at a ratio of not less than one parking
space per guest bedroom in the residence on the parcel. Parking spaces
may include garage or driveway spaces. Tandem parking spaces are
acceptable provided each tandem space measures at least 9 feet by 20
feet and does not extend into public right-of-way.
2. Home sharing is not a permitted use in the absence of a valid Short-term
Home Sharing Rental Permit.
3. An accessory dwelling unit may not be used for home sharing or as a
short-term rental."
SECTION 11: Subsection (D) of Section 15-413-2 of the El Segundo Municipal Code is
amended as follows.
"D. On compliant parcels only, home sharing of a permitted single-family
dwelling unit, two-family dwelling or duplex, or portion thereof, when conducted in
accordance with a valid Short-term Home Sharing Rental Permit issued pursuant
to Title 4, Chapter 16 of this Code. This subsection will automatically sunset on
December 31, 2023.
For purposes of this subsection, a compliant parcel is one that provides
off-street parking on the parcel at a ratio of not less than one parking
space per guest bedroom in the residence on the parcel. Parking spaces
may include garage or driveway spaces. Tandem parking spaces are
acceptable provided each tandem space measures at least 9 feet by 20
feet and does not extend into public right-of-way.
2. Home sharing is not a permitted use in the absence of a valid Short-term
Home Sharing Rental Permit.
3. An accessory dwelling unit may not be used for home sharing or as a
short-term rental."
SECTION 12: Subsection (H) of Section 154C-2 of the El Segundo Municipal Code is
amended as follows:
"H. On compliant parcels only, home sharing of a permitted single-family
dwelling unit, two-family dwelling duplex, multi -family or portion thereof, when
conducted in accordance with a valid Short-term Home Sharing Rental Permit
issued pursuant to Title 4, Chapter 16 of this Code. This subsection will
automatically sunset on December 31, 2023.
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For purposes of this subsection, a compliant -parcel is one that provides
off-street parking on the parcel at a ratio of not less than one parking
space per guest bedroom in the residence on the parcel. Parking spaces
may include garage or driveway spaces. Tandem parking spaces are
acceptable provided each tandem space measures at least 9 feet by 20
feet and does not extend into public right-of-way.
2. Home sharing is not a permitted use in the absence of a valid Short-term
Home Sharing Rental Permit.
3. An accessory dwelling unit may not be used for home sharing or as a
short-term rental."
SECTION 13: Subsection (C) of Section 4-16-11 of the El Segundo Municipal Code is
amended as follows:
"C. If the property upon which a short-term home sharing rental unit is located
is the subject or the site of two violations of any of the provisions of this Chapter,
or of Chapters 1, 2, or 13 of Title 7 of this code, the Short-term Home Sharing
Rental Permit for the unit will be automatically revoked. In such a case, no new
Short-term Home Sharing Rental Permit may be issued for the unit for the earlier
of either three months from the effective date of revocation; or a change of the
ownership of the unit to a new person."
SECTION 14: Subsection (D) of Section 4-16-11 of the El Segundo Municipal Code is
amended as follows:
"D. In addition to the penalties set forth herein, if the short-term home sharing
rental property is the site of a loud or unruly gathering in violation of code Section
7-12-3 that results in the issuance of an administrative citation or criminal charge,
the Short-term Home Sharing Rental Permit will be automatically revoked if and
when the administrative citation hearing becomes final (i.e., the time for
administrative or judicial review has passed or a final court judgment has been
entered upholding the citation) or a criminal conviction is obtained. In such a case,
no new Short-term Home Sharing Rental Permit may be issued for the unit for the
earlier of either three months from the effective date of revocation; or a change of
the ownership of the unit to a new person."
SECTION 15: 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 16: 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.
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SECTION 17: 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.
SECTION 18: 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 19: 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 15
days after the passage and adoption of this ordinance, cause it to be published or posted
in accordance with California law.
SECTION 20: This ordinance will take effect 30 days after its passage and adoption,.
PASSED AND ADOPTED this 6th day of December, 2022.
ATTEST:
�W I
Lili Sandoval, Deputy City Clerk
Mark D. Insley, City
Drew Soy , " ayor
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Lili Sandoval, Deputy 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. 1642 was duly introduced by said City Council at a regular
meeting held on the 15th day of November, 2022, and was duly passed and adopted by
said City Council, approved and signed by the Mayor, and attested to by the Deputy City
Clerk, all at a regular meeting of said Council held on the 6th day of December, 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 December,
2022.
Lili Sandoval, Deputy City Clerk
of the City of El Segundo,
California
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