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ORDINANCE 1654ORDINANCE NO. 1654 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE TITLE 15 TO IMPLEMENT HOUSING ELEMENT PROGRAM 9 TO FACILITATE THE DEVELOPMENT OF A VARIETY OF HOUSING TYPES AND STREAMLINED DEVELOPMENT REVIEW PROCESS (ENVIRONMENTAL ASSESSMENT NO. 1345 AND ZONE TEXT AMENDMENT NO. 23-02) The City Council of the City of El Segundo does ordain as follows: SECTION 1: The Council finds and declares as follows: A. In accordance with California law, the City is required to prepare a Housing Element for its General Plan every 8 years. The 6th planning cycle runs from October 15, 2021 through October 15, 2029, for jurisdictions within the Southern California Association of Governments (SCAG) region; B. In general, the Housing Element must identify and analyze existing and projected housing needs and establish goals, policies, and quantified objectives, financial resources, and scheduled programs for the preservation, improvement and development of housing within the City's jurisdiction; C. Between April 13, 2021 and September 30, 2021, the City held a series of community meetings, public workshops, and study sessions to provide the community an overview of the Housing Element process including a review of applicable state law and the Regional Housing Needs Assessment ("RHNA"); community profile information and an existing conditions report; and an overview of the existing Housing Element Goals, Policies, and Objectives; D. In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA"), the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the "CEQA Guidelines"). Staff determined that the project be found exempt from further environmental review, as set forth in Section 5, below; E. Based on comments received from the public, governmental agencies, the Planning Commission and the City Council, the Housing Element was prepared for submission to the California Department of Housing and Community Development (HCD) for review and certification; F. On February 1, 2022, the City Council adopted a Negative Declaration and approved the Housing Element at a public hearing; ORDINANCE NO. 1654 PAGE 1 of 18 G. On April 8, 2022, HCD submitted a comment letter to the City requesting revisions before certifying the Housing Element. Staff, working with the City's consultant, revised the Housing Element to address HCD's comments; H. On October 27, 2022, the Planning Commission held a duly noticed public hearing and adopted a resolution recommending City Council approval of the revised 2021- 2029 Housing Element; On November 15, 2022, the City Council held a duly noticed public hearing, received public testimony and other evidence, and adopted Resolution No. 5375 approving Environmental Assessment No. EA-1271 and adopting General Plan Amendment No. 19-04 (2021-2029 Housing Element) to amend the Housing Element of the El Segundo General Plan; J. On January 17, 2023, HCD issued a conditional approval letter determining that the adopted Housing Element meets most of the statutory requirements of State Housing Element Law (Gov. Code, Article 10.6). Full certification of the Housing Element was contingent upon completing the necessary rezones to address the shortfall of sites to accommodate the RHNA. HCD's conditional approval is also contingent upon the City's timely and effective implementation of all Housing Element programs, including: Accessory Dwelling Units (Program 3), Affordable Housing Strategy (Program 4), Provision of Adequate Sites (Program 6), Lot Consolidation (Program 8), Code Amendments (Program 9), Fair Housing (Program 11). K. The Community Development Department has engaged multiple consultants to assist in the implementation of various Housing Element programs. L. The Community Development Department prepared a draft ordinance amending Title 15 of the El Segundo Municipal Code implementing Program 9 of the El Segundo Housing Element to facilitate the development of a variety of housing types and streamlined development review process, and scheduled a public hearing before the Planning Commission for November 9, 2023; M. On November 9, 2023, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the draft ordinance including, without limitation, information provided to the Planning Commission by city staff; and adopted Resolution No. 2941 recommending that the City Council approve this Ordinance; N. On December 5, 2023, the City Council held a public hearing and considered the information provided by City staff and public testimony regarding this Ordinance; and O. This Ordinance and its findings are made based upon the entire administrative record including, without limitation, testimony and evidence presented to the City ORDINANCE NO. 1654 PAGE 2of18 Council at its December 5, 2023, hearing and the staff report submitted by the Community Development Department. SECTION 2: Factual Findings and Conclusions. The City Council finds that adopting the proposed Ordinance would result in the following: A. Amend El Segundo Municipal Code ("ESMC") § 15-1-6 adding definitions for Employee Housing and Low Barrier Navigation Centers, and revising definitions for Residential Care Facility and Residential Care Facility for the Elderly; B. Amend ESMC § 15-4A-1, Table No. 1 - Permitted Uses in Residential Zones adding a new land use classification for employee housing, and amending regulatory classifications for Residential Care Facilities, Senior Citizen Housing, and Senior Housing Facilities; C. Amend ESMC § 15-6A-1, Table No. 1 - Permitted Uses in Industrial Zones, regarding Emergency Shelters; D. Amend ESMC § 15-613-7 regarding Emergency Shelters Development Standards; E. Delete ESMC § 15-22-4-D regarding Reasonable Access Accommodations; and F. Add ESMC § 15-22-5 regarding Reasonable Accommodations For Individuals With Disabilities. SECTION 3: General Plan Findings. As required under Government Code § 65860, the ESMC amendments proposed by the Ordinance are consistent with the El Segundo General Plan as follows: A. The proposed Ordinance is consistent with Program 9 of the General Plan Housing Element in that it would remove governmental and other constraints to facilitate the development of a variety of housing types and enable a more streamlined development review process. B. The proposed Ordinance is consistent with the General Plan Housing Element in that the amendments contribute to improving the existing jobs -housing balance in the City and provides opportunities for new housing construction in a variety of locations and a variety of densities. C. The proposed Ordinance is consistent with the General Plan Housing Element in that the amendments provide sufficient new, affordable housing opportunities in the City to meet the needs of groups with special requirements, including the needs of lower and moderate- income households. D. The proposed Ordinance is consistent with the General Plan Housing Element in that the amendments remove governmental constraints to diversify available ORDINANCE NO. 1654 PAGE 3of18 housing opportunities, including ownership and rental, fair -market, and assisted, in conformance with open housing policies and free of discriminatory practices. SECTION 4: Zone Text Amendment Findings. In accordance with ESMC Chapter 15-27 (Amendments), and based on the findings set forth above, the proposed Ordinance is consistent with and necessary to carry out the purpose of the ESMC as follows: A. The proposed Ordinance is consistent with the General Plan in that the amendments would implement the goals, policies, and programs of the Housing Element. Implementation of the Housing Element would preserve the existing housing stock and encourages construction of new residential units, including affordable housing, without affecting the character of existing single-family residential neighborhoods. B. The proposed Ordinance is necessary to serve the public health, safety, and general welfare in that it would implement the Housing Element Update, which includes programs, goals, and policies that help to maintain and improve the existing housing stock in the City. The proposed amendments would facilitate the development of additional housing in the community, which contribute to improving the existing jobs -housing balance and facilitates the development of housing that is affordable to households of various income levels and thus will provide equal housing opportunities to all segments of the community. SECTION 5: Environmental Assessment and Findings. An Initial Study of Environmental Impacts was prepared for the Housing Element pursuant to the requirements of CEQA Guidelines § 15063. The Initial Study demonstrated that the Housing Element would not cause any significant environmental impacts, nor would not result in approval of any physical improvements. The Ordinance is also exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines Section 15061(b)(3) because the proposed amendments would implement the City's 6th Cycle Housing Element and does not approve any developments. Thus, it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. Pursuant to its Resolution No. 5308, dated February 1, 2022, the City Council found that the Negative Declaration ("ND") prepared for the adopted 2021-2029 Housing Element was completed in compliance with the requirements of CEQA and the CEQA Regulations, in accordance with the independent judgment of the City. The City Council determined that there is no substantial evidence that the adopted Housing Element, inclusive of its goals, policies, and implementing programs, would have a significant effect on the environment, cumulative or otherwise. City staff evaluated the proposed amendments to Title 15 of the El Segundo Municipal Code, implementing Program 9 of the Housing Element, set forth in this Ordinance within the scope of the ND, and determined that there is not substantial evidence that any condition set forth in CEQA Regulation 15162(a) are present that would require revision or modification to the ND. Accordingly, the City Council finds that the activities set forth in the Ordinance implement the Housing Element contemplated in the approved ND and no further environmental review is required for the proposed Ordinance. ORDINANCE NO. 1654 PAGE 4of18 SECTION 6: El Segundo Municipal Code ("ESMC") § 15-1-6 (Definitions) is amended as follows: RESIDENTIAL CARE FACILITY: A residential care facility State authorized certified or licensedprovides A twenty-four (24) hour residential care faGility, li;ensed #��t�fr� " ht� 'Pated a for children elderly persons, eo le with physical or mental disabilities or incompetent persons in need of personal servicesprotection, supervision, assistanceguidance, or training essential for sustaining the activities of daily,,living or for the protection of the individual. This classification includes but is not limited to intermediate care facilities developmentally disabled hab'ilitative or nursing, congregate living health facilities and other facilities licensed by the State of California. RESIDENTIAL CARE FACILITY FOR THE ELDERLY: Pursuant to California. Health and Safety Code F4 1569.2, "resident care facilityfor the elderly" means a - • _ I„OVER MR10,- • • :I INS - SECTION 7: ESMC § 15-1-6 (Definitions) is amended to include the additional definitions as follows: EMPLOYEE HOUSING: Em to er-owned andlor ol2erated, living carters provided for the employer's employees in connection to their em to meat that, ensures the employee residents' health safe and welfare as authorized under Health and Safe !Lode § 17000 et seg., i.e, the State Employee Housing Act. LOW BARRIER NAVIGATION CENTERS. A housing -first, low -barrier, service -enriched shelter focused on movinq,,People into permanent housin that provides tem ora liivin facilities while case managers connect individuals experiencing homelessness to incomepublic benefits health services shelter, and housin For purposes of this definition "low barrier" means the best practices to reduce barriers to entry, includin without limitation: allowin ets Permitting partners to share living s ace and providing storage for residents' possessions. Low Barrier shelters are permitted in accordance with Article 15-37A of this code. ORDINANCE NO. 1654 PAGE 5of18 SECTION 8: ESMC § 15-4A-1, Table No. 1 - Permitted Uses in Residential Zones, is amended as follows: Uses Zones RR-2 R-3 Residential- • • Erneloyee housing serving six or f6wer persons P Emplovee housin serving seven or more Persons CUP Group care uses ........ ....... Residential faGWty,-res4de� care facilit ��tie �-fe ' " P P P f Ga— habilitat f1�4 Yrne it f-flu serving six 6 or fewer personsState authorized, certified or liceed L -- — — -- - ------- Residential care facility serving seven 7 or more persons CUP CUP CUP Mate authorized, certified or licensed Senior citizen housing subject to California Government Code P sections 65913, 65914 and 65915 ..... CUR Senior housing facilities, including, but not limited to, rest homes, P convalescent homes, or nursing homes ..... ..... GUP SECTION 9: ESMC § 15-6A-1, Table No. 1 - Permitted Uses in Industrial Zones, is amended as follows: ORDINANCE NO. 1654 PAGE 6of18 SECTION 10: ESMC § 15-613-7 (Emergency Shelters Development Standards) is amended as follows: A. Emergency Shelters: Emergency shelters are subject to the following, objective development standards: 1. Not more than one emergency shelter is permitted within a radius of 300 feet from another emergency shelter. ter ' +a e+d _Lsegarmor '°els, El Sag undo-parks-apd-epori-s ear-sil " ' i -3. aei4ty- tn0 falcilities and -sew' � °r - fa` d a erated- fee 1�i tdT ,,e eq ra. [Dining area; d. La undFy• f^A Y 24. Not more than 12 persons can be served on a nightly basis. 35. Maximum length of stay of a person in an emergency shelter is limited to 180 days in any 12-month period. 6. - y it -osoaliving s " feas: t. r reaileep m to_-0 ": 0 P.M. daily. 46. Each emergency shelter must have an on -site management office, with at least one employee manager present at all times the emergency shelter is in operation. �t e a T- Dare 59. Each emergency shelter must have on site security employees, with at least one security employee present at all times the emergency shelter is in operation. 640. Staging drop off, intake, and pick up of emergency shelter clients must take place inside a building, at a rear or side entrance not adjacent to a public right-of-way, or in an interior courtyard. Any exterior waiting areas must be physically and visually separated from public view of a right-of-way with a minimum six-foot tall decorative masonry wall and/or a six-foot tall hedge or similar mature landscaping as approved by the Director. Floor plans for the emergency shelter must be submitted with the building plans that show the size and location of any proposed interior and/or exterior waiting or resident intake areas. ORDINANCE NO. 1654 PAGE 7of18 44. Qutd9oF rare the-46GAty--sueame '#efa+ euaaw�setfeFth 74-2. Off street parking must be provided as set forth in this Code, except that the number of off street parking spaces provided must be ene-pa beds, plus -one parking space per employee on duty with a minimum of three employee parking spaces. Notwithstanding this requirement, the required number of off street parking spaces cannot exceed the spaces required for similar uses of the same size in the M-1 Zone. 84-3. Exterior lighting must be provided at all building entrances and outdoor activity areas, and must be activated between sunset and sunrise of each day. All exterior lighting �pIY with this Code. "N f efue wa#--er.._ ; i1n, th-t is a pt -ef4i hsrt . WPfGVW&Abel wlhuffi ie�- -e 15, E� ergerae"helte uests and! .ijr-e� Iterss t h h -tth " ,° ion ans meet a#'ale taed in t�� e, "e "g p ,ark- t e01 r A�'"' �.ra '1" e', aerie. a^�t.^�rrs"te :.. e� �lt ''. y,, t Di "e' '- � b may, -he ;cni SECTION 11: Subsection (A) of § 15-15-6 (Automobile spaces required) is amended as follows: A. Automobile Spaces Required Use Number Of Parking Spaces Required Use Number Of Parking Spaces Required Group care: Emergency Shelters 1 space per em to ee on duty, with a minimum of 3 employee, parking spaces, provided the number of spaces does not exceed the minimum spaces re uired for similar uses if the same size in the M-1 Zone. ORDINANCE NO. 1654 PAGE 8of18 SECTION 12: ESMC § 15-22-4 (Adjustments to Development Standards) is amended to delete subsection 15-22-4-D. HUM IN MICE 9M SECTION 13: ESMC Title 15 (Zoning Regulations) is amended to add a new Chapter 36 entitled "Reasonable Accommodations for Individuals With Disabilities" to read as follows: CHAPTER 36: REASONABLE ACCOMMODATIONS FOR INDIVIDUALS WITH DISABILITIES 15-36-1: PURPOSE 15-36-2: DEFINITIONS 15-36-3: APPLICABILITY 15-36-4: APPLICATION REQUIREMENTS 15-36-5: REVIEW PROCEDURES 15-36-6: REQUIRED FINDINGS 15-36-7: CONDITIONS 15-4B-8: EXPIRATION 15-36-1: PURPOSE: A. Pursuant to the federal Fair Housinq Amendments Act of 1988 and the California Fair Em Ilo merit and Housing Act Section 15-22-5 of the El Segundo Municipal Code "Section" establishes formal procedures allowing individuals with disabilities and their representatives to request reasonable accommodations in the application of zoning laws and other land use re ulationspolicies and procedures when necessary to eliminate barriers to housing opportunities. B. A reasonable accommodation granted purs,uant to this section shall not be construed as an amendment to this title or a change to the ma s which are part of this title. ORDINANCE NO. 1654 PAGE 9of18 15-36-2: DEFINITIONS: A. "Fair housing laws" means the "Fair Housing Act" 42 U.S.C. § 3601 et se . the "Americans with Disabilities Act" 42 U.S.C. § 12101 et seg.),and the "California Fair Employment and Housing,Act" California Government Code 12600 et seg.). as these statutes now exist or may be amended from time to time and the,implementing regulations for each of these statutes. r rr • � .,w w ar � .. - • • . . r M C. "Major life activity". means physical, mental and social activities such as the o eration of major bodily,functions seeing,hearing,eating, sleeping, walking, standing, sifting, reaching, lifting, bending, speaking, breathin learning, reading: concentratinS thinking, communicatinginteracting with others, and working. D. "Physical or mental impairment" means an h siolo ical disorder or condition and any mental or psychological disorder, including,but not limited to orthopedic, visual speech and hearing impairments, cosmetic disfigurement, anatomical loss cerebral 2alsy, epilepsy, muscular dystrophy, multiple sclerosis cancer, heart disease diabetes intellectual disabilities(formerly termed "mental retardation" emotional or mental illness learning disabilities HIV disease whether symptomatic or asymptomatic), tuberculosis and alcohiolism and drug addiction but not. including current use of illegal drugs). A temporaU, condition such as a broken leg,pregnancy,- use of crutches etc. does not gualify as a physical or mental impairment. one_- .. .. 15-36-3: APPLICABILITY: A. A re uest for a reasonable accommodation maybe made by any person with a disabilitytheir representative, or any developer or provider of housin for an individual with a disabilily, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing ORDINANCE NO. 1654 PAGE 10 of 18 opportunities. This Section is intended for the benefit of those individuals with disabilities as defined as under Subsection 15-22-6-B. B. A request for a reasonable accommodation may include a modification or exception to the rules standards and practices for the siting, development and' use of housing or housing -related, facilities that would eliminate re ulato barriers and provide a person with a disabili a �ual o ortu�ni to the housing of their choice. Requests for a reasonable accommodation shall be made in the manner prescribed by this Section. C. A reasonable accommodation does not affect a erson's obligations to comply with other applicable regulations not at issue in the requested accommodation. D. A re nest for a reasonable accommodation shall be granted to an individual and shall not run with the land unless expressly authorized under Subsection 15-22-5-1-2. 3. The current actual use of the ro e 4. Documentation that the applicant is: A an individual with a disabili B applying on behalf of one or more individuals with a disabili • or C a developer or provider of housing for one or more individuals with a disability 5. The specific exception or modification to the zoning code provision, regulation, olic or practice that is being reguested; 6. Documentation that the reguested accommodation is necessary to provide one or more individuals with a disabil�ity an equal opportunity to use and enjoy the residence. • , s • • • - • ^ r - • • • ^ w ORDINANCE NO. 1654 PAGE 11 of 18 A. Requests for a reasonable accommodation shall be reviewed b the ommuni Development Director if no approval is sought other than the reguest for a reasonable accommodation. w w w r wM1,1111IMPIM IMMIMM -w ww w w • - w w w w w w w w w w w w w - - - ww w . w w` � i w, w M11wIt Ivor w, � - w - w w w - .: w w w w w � s •• w, w� w� w ,„•w w •-w w w E. The reviewing authorit may either grant, grant with modifications or den a reguest for reasonable accommodation in accordance with the re wired findings set forth in subsection 1-22• -F. The notice of determination shall explain in detail the basis of the decision. F. All written decisions shall give notice of the applicant's right to appeal and to reguest a reasonable accommodation in the appeals process. I., The wriften decision shall be final, unless the aipplicanit appeals the decision pursuant to Chapter 2. While a reguest fora reasonable accommodation is pending, all laws and regulations otherwise apglicable to the roe shall remain in full force and effect. No reasonable accommodation shall be effective and no development permifted by a reasonable accommodation shall be initiated or construction started until the a eal periodhas been exhausted. ORDINANCE NO. 1654 PAGE 12 of 18 "^ rI A. The request for a reasonable accommodation shall be approved, or approved with conditions if the reviewing authori finds that all of the following findings can be made: 1. The housing, which is the subject of the request for reasonable accommodation will be used by an individual with a disabilily protected' under the fair housing laws; 2. The requested accommodation is necessaEy to make housing available to an individual with a disabilily protected under the fair housing laws- 3. The re nested accommodation will not impose an undue financial or administrative burden on the city; 4. The reguested accommodation will not require a fundamental alteration in the nature of the ci 's zoning regulations andpolicies; and 5. There are no alternatives to the reguested accommodations that may rovide an a uivalent level of benefit. 15-36-7: CONDITIONS: A. The reviewing authority may impose conditions upon the a royal of the reasonable accommodation reguest deemed reasonable and necessa to ensure that the reasonable accommodation would comply with the findings required by Subsection 15-22-5-F.. B. Conditions of approval .. .priate, providg, for of the following: 1. The reasonable accommodation shall onlV be applicable to particular individuals 2. Periodic inspection of the affected premises, asspecified in the conditions to verify compliance with the El Segundo Municipal Code ,and with an applicable conditions of approval. 3. Prior to any transfer of interest in the premises, notice shall be given to the transferee of the existence of the modification and the requirements that the transferee apply for a new modification as necessary. Once such transfer takes effect the originally approved modification shall have no further validity;, ORDINANCE NO. 1654 PAGE 13 of 18 4. Removal of the improvement if the need for which the accommodation was ranted no longer exists.. and/orf,. Time limits w ,, of . • • - • for accommodation was granted no longer exists. ,T,. Other reasonable conditions deemed necessa!j to protect the public health, safety, and welfare. C. Prior to the issuance of any permits relative to an approved reasonable accommodation the reviewing authority may re uire the a licant and/or owner to record a covenant in the Countrecorder's office acknowledging and agreeing to comply with the terms and conditions established in the determination and to provide notice to future owners that a reasonable accommodation has been approved. 15-36-8: EXPIRATION: A. A reasonable accommodation shall lapse if the exercise of rights does not occur within one hundred ei h 180 days after the issuance of the final decision. B. The rights conferred by an approved accommodation shall ex ire when the disabled person for whom the accommodation was ranted no Ion er resides at the roe unless the Director makes either of the following findings: 1. That such accommodation is physically integrated with the property and cannot eas,ily be removed or altered to comply with Chapter 4 of the Ell Segundo Municipal Code; or • •• . • w •.. • _ r, _ • • w SECTION 14: A new Chapter 37, entitled "Housing Programs" is added as a new chapter to ESMC Title 15. SECTION 15: Article 15-37A, entitled "Low -Barrier Navigation Centers" is added as a new article to ESMC Title 15, Chapter 36 to read as follows: ORDINANCE NO. 1654 PAGE 14 of 18 "ARTICLE A. LOW -BARTER NAVIGATION CENTERS 15-37A-1: PURPOSE 15-37A-2: APPLICABILITY 15-37A-3: DEVELOPMENT AND OPERATIONAL STANDARDS 15-37A-4: DEFINITIONS 15-37A-1: PURPOSE The purpose of this cha ter is to establish development standards for low -barrier navi ation centers and to ensure this use is constructed and operated in a manner that is consistent with the re uirements and allowances of state law s ecificall Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with. California Government Code Section 65660. 15-37A-2: APPLICABILITY The provisions of this chapter shall aggly to all low -barrier navigation., center erects. 15-37A-3: DEVELOPMENT AND OPERATIONAL STANDARDS A low -barrier navigation center development is a use by -right in areas zoned for mixed -use and nonresidential zones permitting muiltifamily uses if it meets the following re uirements: A. Connected Services. It offers services to connect eo le to permanent housing through a services plan that, identifies services staffing. R Coordinated Entry, System. It is linked to a coordinated enja system, so that staff in the interim facili or staff who co -locate in the facilily may conduct assessments andprovide services to connect people to ermanent housing. "Coordinated entry s stem" means a centralized or coordinated assessment system developed pursuant to Section 576.400 d or Section 578.7 a 8 as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on Ja,n,uary 1 2020 and anV related requirements, designed.... to coordinate proram participant intake assessment and referrals. C. Code Compliant. It complies with Chapter 6.5(commencing with Section 8255 of Division 8 of the Welfare and Institutions Code. D. Homeless Management Information System. It has a system for enterin information regarding client stays, client demog rap hics client income and exit destination through the local Homeless Mana emient Information System, as defined,_,by Section 578.3 of Title 24 of the Code of Federal Regulations, ORDINANCE NO. 1654 PAGE 15of18 15-37A-4: DEFINITIONS Low -Barrier Navigation Centers. A housing, -first, low -barrier service -enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to incomeublic benefits health services shelter, and housing. "Low barrier" means best practices to reduce barriers to ent and may include but is not limited to the following: (1) The presence of partners if it is not a o ulation-s ecific site such as for survivors of domestiic violence or sexual assault women or youth. (2) Pets. (3) The storage of l2ossessions. (4) Privac such as partitions,around beds in a dormito settin or in large rooms containing more than two beds or private rooms. Use by Right. Use by right has the meaning defined in subdivision i of Section 65583.2. Division 13(commencing with Section 21000 of the California Public Resources Code shall not agply to actions taken by a 2,ublic agency to lease convey,or encumber land owned b a public a enc or to facilitate the lease conveyance, or encumbrance of land owned by a public agency, or to provide financial assistance to or otherwise a,1212rove, a Low -Barrier Navigation Center constructed or allowed by this section." SECTION 16: 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 17 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 18: 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 19: 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,. ORDINANCE NO. 1654 PAGE 16 of 18 SECTION 20: 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. SECTION 21: This Ordinance will go into effect and be in full force and effect 30 days after its passage and adoption. PASSED AND ADOPTED this 19th day of December, 2023. ATTEST; Tracy Weaver, ity Clerk APPI D AS TO E Mark D. Iflensley, City -4 Mayor rJ ORDINANCE NO. 1654 PAGE 17 of 18 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. 1654 was duly introduced by said City Council at a regular meeting held on the 5th day of December 2023, 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 19t" day of December 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 11 day of December, 2023. T cy Weaver, City Clerk of the City of El Segundo, California ORDINANCE NO. 1654 PAGE 18of18