ORDINANCE 1647ORDINANCE NO. 1647
AN ORDINANCE ADDING CHAPTER 15-13C (MICRO -UNITS) TO EL
SEGUNDO MUNICIPAL CODE TITLE 15 TO IMPLEMENT THE 2021-
2029 EL SEGUNDO HOUSING ELEMENT
The City Council of the city of El Segundo does ordain as follows:
SECTION 1: The City Council finds and declares as follows:
A. The State Legislature has declared that the lack of housing, including
providing for a variety of housing types for all income levels and special
needs groups, is a critical problem that threatens the economic,
environmental, and social quality of life in California.
& Government Code Section 65583 requires that the City's Housing Element
address governmental constraints to the development of housing, including
providing for a variety of housing types for all income levels.
C. The City Council of the City of El Segundo adopted the City's 2021-2029
Housing Element on February 1, 2022.
D. Program 8 of the City's 2021-2029 Housing Element provides that the City
will establish regulations for micro -units.
E. On June 23, 2022, the Planning Commission held a study session to receive
public testimony and provide direction to staff on drafting a micro -unit
ordinance. The Planning Commission appointed a subcommittee of two
Commissioners to work with staff on drafting the proposed ordinance
("Ordinance").
F. On January 12, 2023, the Planning Commission held a public hearing to
receive public testimony and other evidence regarding the Ordinance and
adopted Resolution No. 2928 recommending that the City Council introduce
and adopt the micro -unit Ordinance.
G. On February 21, 2023, 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
H. 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 21, 2023 hearing and the staff
report submitted by the Community Development Department.
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SECTION 2: Factual Findings and Conclusions. The City Council finds that introducing
and adopting the Ordinance will amend the City's municipal code to establish:
A. a minimum unit size in the City's residential zones;
B. a definition for Micro -Unit developments;
C. development, design, and operational standards; and
D. ministerial and discretionary review and approval processes for micro -unit
developments.
SECTION 3: General Plan Findings. As required under Government Code § 65855 the
proposed Ordinance is consistent with the City's General Plan as follows:
A. 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 development restrictions that limit the number of affordable housing
units that can be produced in the City. In addition, the zone text amendment is
consistent with Goal No. 2 to provide sufficient new, affordable housing
opportunities in the City. Further, the Ordinance is consistent with Program 7e,
(Zoning Revisions) to consider an amendment to the ESMC to establish
regulations for Single Room Occupancy (SRO) or Micro -unit Housing.
SECTION 4: Zone Text Amendment Findings. In accordance with ESMC § 15-27-3, the
Planning Commission finds that:
A. The amendment is consistent with the General Plan, in that it is consistent with
and implements several Housing Element goals and programs as set forth in
Section 3 above.
B. The amendment is necessary to serve the public health, safety, and general
welfare in that it will facilitate the construction of new affordable housing units
ranging from 250 to 450 square feet, which will meet the needs of certain groups
with special requirements, including the needs of lower and moderate- income
households as identified in the 2021-2029 Housing Element.
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SECTION 5: Environmental Assessment. Based on the facts set forth in Section 2, the
City Council finds that the Ordinance is exempt from the California Environmental Quality
Act ("CEQA") (Pub. Resources Code, § 21000 et seq.) pursuant to CEQA Guidelines §
15061(b)(3)), because it consists only of minor revisions to existing zoning regulations
and related procedures, and, therefore, it can be seen with certainty that there is no
possibility that the Ordinance may have a significant effect on the environment.
Furthermore, the Ordinance does not approve any specific project, and City staff will
conduct discrete environmental review for any project proposed under this Ordinance's
provisions.
SECTION 6: ESMC Subsection 15-4A-6(F) regarding the R-1 zone Floor Area Ratio for
lots wider than 25 feet is amended to read as follows:
F. Minimum Unit Size and Floor Area Ratio:
The minimum dwelling unit size shall be 250 square feet and the floor area ratio
shall be as follows:
1. The maximum total building area on the lot shall not exceed an overall floor
area ratio (FAR) of 0.60. There is no minimum building size.
2. The maximum FAR for the second floor of the primary structure shall not
exceed 0.25.
3. In calculating the overall FAR, floor area is measured to the interior of a
building's perimeter walls and shall include all floors of the primary dwelling
(i.e., main structure), attached and detached accessory dwelling units,
habitable attic space, accessory buildings, and balconies, decks, verandas
and porches.
4. Areas where the vertical measurement between the floor and ceiling directly
above is fourteen feet (14') or more shall be counted on both the first and
second stories for FAR calculations (areas such as rotundas, spaces with
vaulted ceilings, and other similar areas with volume).
5. Stairs and elevators are counted once and are applied to the first floor.
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6. For purposes of calculating floor area, the following are not included:
a. Basements as defined in section 15-1-6 of this title;
b. Up to five hundred (500) square feet of interior floor area of an attached
or detached garage;
c. Detached accessory structures measuring not more than one hundred
twenty (120) square feet;
d. Up to five hundred (500) square feet cumulative of first floor decks,
verandas and porches, covered or uncovered, attached or detached,
and at least thirty inches (30") in height (as measured from adjacent
grade to the walking surface), provided that the deck, veranda or porch
is at least fifty percent (50%) open on the sides.
e. Second floor balconies and decks that are not covered.
f. Up to twelve (12) square feet of second floor decks and balconies that
are covered by roof, lattice, or trellis.
g. The area of decks, balconies, verandas or porches covered by eave
projections up to eighteen inches (18").
7. In cases of uncertainty or ambiguity, the director will determine whether an
area is counted toward FAR.
SECTION 7 ESMC Subsection 15-4A-6-1(F) regarding the R-1 zone Building Area for
lots 25 feet wide or less is amended to read as follows:
F. Minimum Unit Size:
The minimum dwelling unit size shall be 250 square feet.
SECTION 8: ESMC Subsection 15-4B-6(F) regarding the R-2 zone Building Area is
amended to read as follows:
F. Minimum Unit Size:
The minimum dwelling unit size shall be 250 square feet.
SECTION 0: ESMC Subsection 15-4C-5(F) regarding the R-3 zone Building Area is
amended to read as follows:
F. Minimum Unit Size and Density:
The minimum dwelling unit size shall be 250 square feet and the density shall be
as follows:
1. On property of 15,000 square feet or less in size, one unit for every 1,613
square feet of lot area is allowed. A fraction of a lot greater than 1,075
square feet will allow an additional unit.
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2. On property greater than 15,000 square feet in size, one unit for every 2,420
square feet of lot area is allowed. A fraction of a lot greater than 1,613
square feet will allow an additional unit.
SECTION 10: A new Chapter 15-13C (Micro -Units) is added to ESMC Title 15 to read as
follows:
CHAPTER 15-13C
Micro -Units
15-13C-1: Purpose
15-13C-2: Applicability; Locations
15-13C-3: Unit size; Unit size mix
15-13C-4: Concentration; Unit mix
15-13C-5: Development agreement required
15-13C-6: Operational standards
15-13C-7: In -unit amenities
15-13C-8: Development standards
15-13C-9: Common onsite amenities
15-13C-10: Design standards
15-13C-11: Prohibition of condominium subdivisions
15-13C-12: Development impact mitigation fees
15-13C-13: Administration and enforcement
15-13C-1: Purpose
It is the purpose of this chapter to encourage the production of a more diverse housing
stock and more affordable housing options. In enacting this chapter, it is also the intent
of the City to implement the goals, objectives, and policies of the Housing Element of the
City's General Plan.
15-13C-2: Applicability; Locations
A. Housing developments containing 5 or more units 250 to 450 square feet shall be
considered "Micro -Unit developments" and be subject to the standards in the
underlying zoning district, specific plan or overlay and the standards in this chapter.
If the standards in this chapter conflict with the underlying zoning, the standards in
this chapter will take precedence. Housing developments containing fewer than 5
units 250 to 450 square feet shall not be considered Micro -Unit developments and
shall be subject only to the standards in the underlying zoning district, specific plan
or overlay.
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B. Micro -Unit developments are permitted in the following zones, overlays, specific
plans, and other locations that the City Council may designate:
1. Multi -family Residential (R-3) Zone
2. Housing Overlay (HO) District
3. Mixed -Use Overlay (MU-0) District
4. Downtown Specific Plan (DSP)
15-13C-3: Unit size; Unit size mix
A. Unit size. Each unit must be at least 250 square feet in floor area but cannot
exceed 450 square feet in floor area.
B. Unit size mix. 50% of the micro -units in a project must be at least 350 square feet
in floor area.
15-13C-4: Concentration; Unit mix
A maximum 25% of residential units in a development may be micro -units, unless
otherwise agreed to via development agreement under section 15-13C-6.
15-13C-5: Development agreement required
A. A development agreement pursuant to Government Code § 65854 et seq. is
required for a micro -unit development proposing more than 40 total units or in
excess of the 25% micro -unit limit set forth in section 15-13C-4. The foregoing
notwithstanding, no development may not exceed a maximum of 75% micro -units
of the total number of residential units in a development.
B. A development agreement is required for projects with 40 or fewer total units that
do not comply with the required standards, amenities, or unit mix specified in this
chapter.
C. The Community Development Director, or designee, may require the person
requesting the development agreement to include reasonable information or
documentation as part of the development agreement application process.
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15-13C-6: Operational standards
Projects subject to this chapter must comply with this section's operational standards,
unless otherwise provided in a development agreement pursuant to section 15-13C-6:
A. Onsite manager required for projects pursuant to California Code of Regulations
Title 25 section 42.
B. The minimum length of stay shall be 30 days; short-term rentals are prohibited,.
C. Occupancy is limited to two persons, not including children up to three years of
age.
D. A management plan must be submitted to the Community Development Director
before the City issues building permits or before a development agreement is
approved for review and approval and must, without limitation, provide for the
following:
1. Security;
2. Rental periods;
3. Tenant screening and residency requirements;
4. Parking; and
5. Occupancy limits.
15-13C-7: In -unit amenities
Each micro -unit must contain the following amenities, unless otherwise provided in a
development agreement pursuant to section 15-13C-6:
A. One kitchen in every unit, including the following minimums:
1. 30-inch sink;
2. 18-inch by 24-inch counter;
3. Stove and/or oven feature;
4. 24-inch wide, full height refrigerator; and
5. Microwave
B. One bathroom, including the following minimums:
1. Toilet;
2. Sink; and
3. Bathtub or shower.
C. A minimum 48 square feet of storage space in a closet.
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15-3C-8: Development standards
Projects subject to this chapter must comply with this section's development standards
for micro -units, unless otherwise provided in a development agreement pursuant to
section 15-13C-6:
A. Vehicle parking. One space for studio and one -bedroom units or 1.5 spaces for
two -bedroom units.
B. Other parking standards in Chapter 15-15 (Off-street parking)
C. Bicycle parking —1 rack (two -bike capacity) for every 3 units
D. Deviation from parking standards. Any person requesting deviation from the
vehicle parking requirements in section 15-3C-9 must submit a parking demand
study and Transportation Demand Management (TDM) program to the City with
its development agreement application, or at a later time, for review and approval
by the Community Development Director or designee. The Community
Development Director or designee will consider the following mobility amenities
and incentives in reviewing the TDM program and proposed deviations from the
parking requirements in this section:
1. Bicycle parking/storage beyond minimum code requirements;
2. Onsite bike -share station;
3. Onsite car -share stop;
4. Shuttle service to major hubs;
5. Onsite childcare service;
6. Subsidized transit passes for residents;
7. Unbundling parking spots from the regular rent; or
8. Use of point system or consideration of proximity to public transit.
E. Security.
1. Minimum lighting of 1.25 foot-candles is required in all parking areas.
2. Projects must comply with all applicable security code provisions in this code.
15-13C-9: Common onsite amenities
A. Private Open Space. All units must have a minimum of 50 square feet of private
open space.
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B. Common Open Space. There must be a minimum of 400 square feet of common
open space for the first 30 project units overall, plus 15 square feet per each unit
above the first 30 project units.
C. Common Indoor Space,
1. Projects must include common indoor space equal to at least the greater of 10
square feet per unit or 200 square feet.
2. Common indoor space must consist of the following amenities:
a. Communal kitchen. Projects with more than 30 units must incorporate at
least one common full kitchen and
b. Multipurpose space. Projects must incorporate multipurpose space on each
floor that may include any of the following:
i. Office/meeting room;
ii. Fitness room/gym;
iii. Game/craft room;
iv. Living room; or
v. Other similar uses.
3. Required common indoor space excludes janitorial storage, laundry facilities,
and common hallways.
D. Laundry. Projects must provide one washer and dryer per 10 units or fraction
thereof.
15-13C-10: Design Standards
Projects subject to this chapter must comply with the following design standards, unless
otherwise provided in a development agreement pursuant to section 15-13C-6:
A. Unit configuration. Project configuration must facilitate the future combination of
micro -units into larger units.
B. Ceiling height. Micro -unit ceiling height must be at least nine feet.
C. Access to natural light. Micro -units must have direct access to natural light.
D. Window size. The total square -foot area of windows in a micro -unit must equal at
least 15% of the unit's floor area.
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15-13C-11: Prohibition of condominium subdivisions
The subdivision or individual sale of micro -units is prohibited.
15-13C-12: Development impact mitigation fees
Micro -units are subject to the same development impact mitigation fees as other multi-
family residential units.
15-13C-13: Administration and enforcement.
A. The City Council may establish fees by resolution for the City's ongoing
administration of this chapter.
B. The Community Development Director, or designee, may promulgate regulations
to facilitate the City's ongoing administration of this chapter, and such regulations
will become effective upon publication on the City's website.
SECTION 11: Electronic Signatures. This Ordinance may be executed with electronic
signatures in accordance with Government Code § 16.5. Such electronic signatures will
be treated in all respects as having the same effect as an original signature.
SECTION 12: Construction. This Ordinance must be broadly construed 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 13: 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 1'4: Recordation. The City Clerk, or designee, 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.
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SECTION 15: Effective Date. This Ordinance will become effective 30 days following its
passage and adoption.
PASSED AND ADOPTED this 7th day of March, 2023.
ATTEST:
Tray aver, City Clerk
APPROVED 0 FORM:
Mark D. HeKsley, City Attorney
Dr6w-Boyles, Mayor
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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. 1647 was duly introduced by said City Council at a regular
meeting held on the 21st day of February 2023, 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 7th day of March, 2023, and the same
was so passed and adopted by the following vote:
AYES: Mayor Boyles, Mayor Pro Tern Pimentel, Council Member Pirsztuk,
Council Member Giroux, and Council Member Baldino
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of March,
2023.
Lili 86ndoval, Deputy City Clerk
of the City of El Segundo,
California
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