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ORDINANCE 1668ORDINANCE NO. 1668 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE ("ESMC") TITLE 15 TO COMPLY WITH STATE LAW REGARDING RESIDENTIAL DEVELOPMENT RIGHT-OF-WAY DEDICATIONS AND FEES, ACCESSORY DWELLING UNIT STANDARDS AND FEES, AND PUBLIC NOTIFICATION REQUIREMENTS FOR CERTAIN ORDINANCES, AND FINDING THE SAME TO BE EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") PURSUANT TO SECTION 15061(b)(3) OF THE CEQA GUIDELINES (ENVIRONMENTAL ASSESSMENT NO. 1378 AND ZONE TEXT AMENDMENT NO. 24-03) The City Council of the city of El Segundo does ordain as follows: SECTION 1: The Council finds and declares as follows; A. On October 30, 2024, the City initiated the process to amend various sections of the El Segundo Municipal Code ("ESMC") Title 15, i.e., the City's Zoning Code. The amendments are intended to bring the Zoning Code into compliance with recently enacted State legislation regarding residential developments, accessory dwelling units, and public notification requirements for certain ordinances; B. The City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the "CEQA Guidelines"); C. The Community Development Department completed its review and scheduled a public hearing regarding the application before the Planning Commission for December 12, 2024; D. On December 12, 2024, the Planning Commission continued the public hearing to January 9, 2025, to allow staff time to review and address extensive written public comments received prior to the public hearing; E. On January 9, 2025, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the Ordinance including, without limitation, information provided to the Planning Commission by city staff; and, adopted Resolution No. 2960 recommending that the City Council approve this Ordinance; F. On February 4, 2025, the City Council held a public hearing and considered the information provided by City staff and public testimony regarding this Ordinance; and ORDINANCE NO. 1668 Page 1 of 19 G. 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 4, 2025, 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 ESMC Article 15-4E (Accessory Dwelling Units) as follows: 1. Remove the requirement that a property owner must occupy one of the units on the property with an ADU; 2. Extend the protection against correcting zoning conditions to unpermitted ADUs built prior to January 1, 2020, unless the unpermitted building is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code; 3. Increase the number of detached accessory dwelling units permitted on a lot with an existing multifamily dwelling structure to eight, but not to exceed the number of existing dwelling units; 4. Stipulate that when an uncovered parking space is demolished in conjunction with the construction of an accessory dwelling unit, or converted to an accessory dwelling unit, replacement parking for any lost spaces is not required; 5. Add a definition of "Livable space;" 6. Eliminate the requirement to record a restrictive covenant on the property; 7. Establish specific variations of attached and detached ADUs that must be processed ministerially, and are subject only to limited development standards as specified in Government Code Section 66323; and 8. Exempt certain previously unpermitted accessory dwelling units from paying development impact fees and connection/capacity charges, with exceptions as specified in Government Code Section 66332. B. Amend ESMC Article 15-4F (Junior Accessory Dwelling Units) as follows: 1. Extend the protection against correcting zoning conditions to unpermitted JADUs built prior to January 1, 2020, unless the unpermitted building is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code. C. Amend ESMC Chapter 15-28 (Public Hearings) to require notice of a public hearing to be given at least 20 days before the hearing for all zoning ordinances. D. Amend El Segundo Municipal Code ("ESMC') Chapter 15-31 (Right-of-way Dedications and Improvements) as follows: 1. Add definitions for "Housing Development," "Land Dedication," "Major Transit Stop," "Roadway," and "Transit Priority Area," and delete the definition of "Environmental Assessment"; ORDINANCE NO. 1668 Page 2 of 19 2. Require dedications for any development that requires approval of a Site Plan Review application as described in ESMC Chapter 15-25 (Site Plan Review); and 3. Require dedications for housing developments only under specified circumstances. E. Amend ESMC Chapter 15-32 (Development Impact Fees), Section 6 (Imposition of Fees; Automatic Adjustment) to require payment of development impact fees for residential development projects at the time a Certificate of Occupancy is issued, or a Final Inspection is approved, whichever occurs first. 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 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: ORDINANCE NO. 1668 Page 3 of 19 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. Based on the facts set forth in Section 2, the City Council finds that the zone text amendment is exempt from further review under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines § 15061(b)(3)), because it consists only of minor revisions to existing zoning regulations and related procedures and does not have the potential for causing a significant effect on the environment. This finding is based upon the determination by the State Department of Housing and Community Development and the State legislature that the City is required to adopt these regulations. SECTION 6: El Segundo Municipal Code ("ESMC") Chapter 15-4E (Accessory Dwelling Units) is amended as follows (deleted language is shown in stFikethFou and newly added text is underlined): ARTICLE E. ACCESSORY DWELLING UNITS SECTION: 15-4E-1: Purpose; Findings 15-4E-2: General Requirements 15-4E-3: Development Standards 15-4E-4: Development Standards for Government Code Section 66323 ADUs 15-4E-45: Application Process; Fees 15-4E--56: Utility Connections 15-4E-1: PURPOSE; FINDINGS: This article is adopted pursuant to Government Code section .2 6314 for the purpose of implementing the City's regulation of accessory dwelling units. ORDINANCE NO. 1668 Page 4 of 19 Government Code section &2-.2(e66323 a requires the City ministerially approve certain accessory dwelling units in certain residential or mixed use zones within the City.. On the other hand, Government Code section 6� )66314 a , allows the designation of areas for accessory dwelling units "based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety." The City Council finds that the conditions that were cited in Ordinance No. 1381 that existed in the City at the time (for example, increased traffic, relatively high density of housing in a small area, and intense on -street parking) continue to exist within the City. While the City Council recognizes that accessory dwelling units present a potential solution to the state's housing crisis, the Council continues to believe that accessory dwelling units increase the volume of vehicle traffic within the City, on -street parking, and noise, and can introduce pollutants into the City's storm drains. By adopting this chapter, the City Council desires to comply with state law while reserving its right to conduct studies evaluating the adequacy of water and sewer services. 15-4E-2: GENERAL REQUIREMENTS: A. Locations: Accessory dwelling units are permitted by right throughout any zone where residential uses are permitted. Accessory dwelling units may be: 1) contained within the existing or proposed space of a single-family residence or attached to a single-family residence, 2) within the space of an existing accessory structure, or 3) detached from the single-family residence, subject to the requirements and development standards in this Code and State law. B. Conjunction With Single -Family Or Multi -Family Dwelling: An accessory dwelling unit may only be constructed in conjunction with either an existing or proposed single- family dwelling., or an existing or proposed. multi -family dwelling. C. Certificates Of Occupancy: The City shall not issue a certificate of occupancy for an accessory dwelling unit before a certificate of occupancy is issued for the primary dwelling or dwellings. D. Separate Sale Prohibited: Accessory dwelling units may not be sold separately from a primary dwelling except when the AD J or the primary dwelling was built or developed by a gualified nonprofit corporation and meets all the re uirements of Government Code section 66341 including any amendments or successor statutes thereto. ORDINANCE NO. 1668 Page 5 of 19 a tiea e r-habitable-s mm ma�-et 4)f�. tire- a a c9veAan-fnhri ie land statiAg4)-that-the-a4GC-eSSGPY-dWeo#Kj4+n4-may-r+Gt-be used in, vt a r -- f F e-a��eOPY-"' e 44n" ni for a ten, W T 'k t y Gyday��r I� r. I �ls eeab must be-c �dthe 04 reete,r- a -tom a tta E. Minimum Rental Term. Rental of the accessory dwelling unit must be for a terra of 30 consecutive da s or lon er. G.F. Release Of Covenant: In the event a covenant was previously recorded for a permitted accessory structure restricting the structure as non -habitable pursuant to subsection 4 15-4B-3 H of this chapter, before the City issues a building permit for an accessory dwelling unit, the property owner must record a release of such covenant with the County Recorder, in a form approved by the Director of Community Development and the City Attorney. t++G. The City may not condition its approval of the permit application by requiring the applicant correct a non -conforming zoning condition, as that term is defined in Government Code section 656&2-.166313. This protegfion applies to a reviousl un ermitted accessory dwelling unit constructed before January 1 22. 15-4E-3: DEVELOPMENT STANDARDS: Unless otherwise preempted by Title 7, Division 1 Cha ter 13 Accessory Dwelling Units of the Government Code accessory dwelling units must meet the development standards applicable to accessory structures in the zone in which they are situated, except as follows: A. Height: Same as residential structures in the R-1 Zone. B. Setbacks: 1. Attached To And/Or Within A Primary Dwelling: Same as primary dwellings in the zone in which they are situated. If the primary dwelling has a non -conforming setback, the accessory dwelling portion may maintain the same setback. 2. Detached From A Primary Dwelling: tf-the cea red-i tl4eThe de ached accessorydwelling unit must be set than our feet lines, a6Gess ° str � tha r--feet 4�f . (4') from the interior side and rear lot lines. 3. Exception: No setback shall apply to a portion of an existing structure that is converted to an accessory dwelling unit. ORDINANCE NO. 1668 Page 6 of 19 C. Building Area: 1. Attached to a primary dwelling and/or within the primary dwelling: Maximum of forty nine percent (49%) of the total floor area of the combined dwellings. 2. Detached: Maximum of uM1,200) square feet. 3. The total area of the primary dwelling and the accessory dwelling unit may not exceed the maximum permitted floor area of the lot, except an existing structure is converted to an accessory dwelling unit. 4. Nothing in this chapter is meant to prohibit an accessory dwelling unit up to eig-fit 850) square feet, or eqe4,and 1,000) square feet for a two (2) bedroom unit. D. Density: 1. Lots with a proposed or existing single-family dwelling: a. One accessory dwelling unit and one junior accessory dwelling unit per lot within a proposed or existing single-family dwelling or existing accessory structure, and/or b. One accessory dwelling unit detached from the primary structure or attached to an accessory structure that may be combined with one junior accessory dwelling unit per lot. 2. Lots with a proposed or existing multifamily dwelling structure: a. One accessory dwelling unit within the portions of existing multifamily dwelling structures that are not used as livable space, provided each unit complies with state building standards for dwellings, and multiple accessory dwelling units up to a maximum of 25 percent of the existing multifamily dwelling units. For purposes of this subsection, "livable space" means a space in a dwelling intended for human habitation includin livinq, sleer)ina, eatin cookin , or sanitation. Portions of existing multi -family dwelling structures that are not used as livable space, include, but are not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages. b. T et ebed aGGeSS0 if y. l+ e Fe: -Not more than eight detached accessory dwelling units on a lot. with an existing multifamily dwelling structure. However, the number of accesso dwelling units allowable pursuant to this clause shall not exceed the number of existinq units on the lot. c. Not more than two detached accessory dwelling units on a lot with a ro osed multifamily dwelling structure. E. Parking: 1. No parking spaces are required for accessory dwelling units-wi -e-4a 44/ 2. When a garage, carport, covered parking structure, or dedicated uncovered arking space is demolished in conjunction with the construction of an accessory dwelling unit, or converted to an accessory dwelling unit, replacement parking for the ORDINANCE NO. 1668 Page 7 of 19 lost spaces areis not required. In addition removal of a curb cut and/or driveway renderednonconformina due to the construction of an accessory dwellinq unit is not. refired'. GF. Separate Entrance: If the accessory dwelling unit is attached to or within the primary dwelling,—, met and has independent exterior access from the proposed or existing primary dwelling. SUGf4, such independent exterior access may not be an entrance facing the front yard. An independent and separate entrance to the accessory dwelling unit must be located on the side or at the rear of the primary dwelling. #G. Compliance: The accessory dwelling unit must comply with applicable Building, Health and Fire Codes except where explicitly exempted by Government Code section 62-.266 14. Fire sprinklers for accessory dwelling units are required only when they are required for the primary dwelling on the lot. •- - •ILI 66323 ADUS Notwithstanding Section 15-4E-3, the following ADU types are ermitted b ri ht iq residential or mixed -use zones and are subject only to the development and/or desi n standards listed in this section as stated in Government Code Section 66323. A. Permitted ADU Types and Standards. ME NJ - •« • •- • . - - r11JIMAR-11011 NEW • • • • - • •� +r _Fri - •- --• • •- • -. • • • • •ram • ORDINANCE NO. 1668 Page 8 of 19 a. The total floor area must not exceed 800 sguare, feet. b. The height must not exceed the maximum permitted height in the Single - Family Residential R-1) zone. Multifamily dwelling structures — Attached AQUs a. Multi le accessory dwellin units within portions.of existing multifami dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms. passageways, attics, basements, or aarages,if each unit complies with state building standards for dwellings. b. Density. At least one accessory dwellin unit within an existing Ln.ultifamily dwellin a and ur) to 2ercent of the existing multifamil. dwelling units. Multifamily dwelling --Detached AQUs a. Multiple accesso[y dwelling units that are located on a lot that has an existina or v000sed multifamily dwelling, but are detached from the multifamily dwelling, These detached accessoNdwelling., units must meet the following standards., 1. The height must not exceed the maximum permitted height in the Sinale-Family Residential (R-1) zone ii. The rear and side and setbacks must be a minimum of four feet. iii. On a lot with an existing multifamilv dwellinq, not more than _p.ight detached accesso[y dwelling units,.. However the number of accessoW dwelling units allowable pursuant to this clause shall not exceed the number of existina units on the lot. iv. On a lot with, a proposed multifamily dwelling. not more than two detached accesso!y dwelling units. b. If the existing multifamily dwelling has a rear or side setback of less than four feet, the existin multifamily dwelling, is not required to be modified to comply with a minimum setback as a condition of approving the application to construct an accessory dwelling unit that satisfies the reguirements of this sub paragiraphL4 I C. AccessoU dwellin units that meet the reauirements in subsection 15-4E-,4LA must also comply with the General Reguirements in Section 15-4E-2. D. The installation of fire sprinklers is not reguired in an accessory dwelling unit I sprinklers are not required for the prims !y residence. The construction of an accesso[y dwellin unit shall not trigger a requirement for fire sprinklers to be installed in the existina multifarnil dwelling. ORDINANCE NO. 1668 Page 9 of 19 15-4E-45: APPLICATION PROCESS; FEES: A. Any application for a building permit to create an accessory dwelling unit on a lot with an existing single-family dwelling or multi -family dwelling units shall be ministerially approved or denied within 60 days of the City's receipt of a completed application. If a completed application is not approved or denied within 60 days, the application shall be deemed approved. However, any permit application for an accessory dwelling unit that is submitted with a permit application to create a single- family dwelling shall be considered ministerially but is not subject to the 60 day requirement to allow the City time to act on the permit application to create the new single-family dwelling, if necessary. If an application for an ADU is denied, staff shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. B. For an accessory dwelling unit of 750 square feet or more, the applicant must pay development impact fees imposed pursuant to Chapter 2 A32 of this title, in an amount set by City Council resolution, provided that such development impact fee is proportional in relation to the square footage of the primary dwelling unit. C. Notwithstandina subsection B above a previously urn ermitted accesso dwelling unit constructed before Janua 1 2020 shall not be re uired to pay impact fees or connection or capacitycapacily charges except when utility infrastructure is required to comply with Section 17920.3 of the Health and Safety Code regarding substandard buildings. 15-4E-56: UTILITY CONNECTIONS: A. An accessory dwelling unit shall not be considered a new residential use for purposes of calculating connection fees or capacity charges for utilities, unless the accessory dwelling unit is constructed simultaneously with a new single-family dwelling. B. The City may require a new or separate utility connection directly between the accessory dwelling unit and the utility, and may require the payment of a connection fee or capacity charge for any accessory dwelling unit, unless the accessory dwelling unit is an accessory dwelling unit or junior accessory dwelling unit within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure, in which event no new or separate utility connection may be required. SECTION 9; ESMC Chapter 15-4F (Junior Accessory Dwelling Units), Section 2 (General requirements) is amended as follows (deleted language is shown in StFikethFouo and newly added text is underlined): ORDINANCE NO. 1668 Page 10 of 19 15-4F-2: GENERAL REQUIREMENTS: A. Permit Required: A permit must be obtained to create a junior accessory dwelling unit. B. Density: One (1) junior accessory dwelling unit per residential lot zoned for single- family residences with a single-family residence built, or proposed to be built, on the lot. C. Owner Occupancy Required: The owner must reside in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner -occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. D. Recordation Of A Deed Restriction Required: The applicant must record a deed restriction which includes both of the following: 1. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. 2. A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section. E. The City may not condition its approval of the permit application by requiringthe applicant correct a non -conforming zoning condition as that term is defined in Government Code section 661 . Thisprotection applies to a previously un ermitted junior accessoly dwelling unit constructed before January 1 2020. SECTION 10: ESMC Chapter 15-28 (Public Hearings), Section 6 (Notice Requirements) is amended as follows (deleted language is shown in stFikethr,,u and newly added text is underlined): 15-28-6: NOTICE REQUIREMENTS: Applications requiring a public hearing shall contain specific information and be distributed in the manner prescribed below. A. Notification Process: Notice shall be provided in all of the following ways: 1. Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to: a. The owner of the subject real property as shown on the latest equalized assessment roll; b. The owner's duly authorized agent, if any; c. The project applicant; d. Each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected; ORDINANCE NO. 1668 Page 11 of 19 e. All owners of real property as shown on the latest equalized assessment roll within 300 feet and all occupants within 150 feet of the real property that is the subject of the hearing, unless the application is for director discretionary decisions, in which case only the owners and occupants of real property as shown on the latest equalized assessment roll within 150 feet of the real property that is the subject of the director decision shall be notified; f. Any owner of a mineral right pertaining to the subject real property who has recorded a notice of intent to preserve the mineral right pursuant to Section 883.230 of the Civil Code, when a public hearing is required for a tentative, final, or parcel map pursuant to the Subdivision Map Act; g. Any person who has filed a written request for notice with either the City Clerk or the Director; h. Any other party as required by California Government Code §§ 65090-65096 (Public Hearings); i. The California Coastal Commission, if the development/project requires a Coastal Development Permit according to Chapter 15-26 of this Title. 2. In lieu of using the assessment roll, the City may use records of the county assessor or tax collector which contain more recent information than the assessment roll. 3. If the number of owners to whom notice would be mailed or delivered pursuant to subsection A1(e) is greater than 1,000, the City, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least 1/8-page in at least one newspaper of general circulation within the City at least 10 days prior to the hearing. 4. Notice of the hearing shall also be published in at least one newspaper of general circulation in the City at least 10 days prior to the hearing, or posted in at least three public places within the City boundaries, including one public place on the site or in the area directly affected by the proceeding. The posting on the affected site or area and maintenance of such notice shall be the responsibility of the applicant. Such notices shallb p p y Director. 5Notwithstanding 1ethrough (4� above, for applications listed in Section 15-28-2 involving a proposed zoning ordinance or an amendment to an existing zoning ordinance notice of the hearing shall be given as described in this chapter, except that the notice shall be published, posted,mailed and delivered or advertised as applicable, at least 20 days, before the hearing. B. Contents of notification: The contents of the public hearing notice shall include: 1. A title stating "Notice of Public Hearing;" 2. The date, time and place of a public hearing; 3. The identity of the hearing body; 4. The City's file number(s) assigned to the application; 5. A general explanation of the matter to be considered; and 6. A general description, in text or as a diagram of the location of the property. ORDINANCE NO. 1668 Page 12 of 19 7. Coastal Development Permits. If the development requires a Coastal Development Permit, the notice shall also include a statement that the project is located within the coastal zone and the procedures of City and Coastal Commission appeals, including any City fees required, and a statement of whether or not the proposed development is appealable to the Coastal Commission. SECTION 11: ESMC Chapter 15-31 (Right of Way Dedications and Improvements), Section 2 (Definitions) is amended as follows (deleted language is shown in StFikethFeug4 and newly added text is underlined): 15-31-2: DEFINITIONS: Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. Words and phrases not defined by this chapter have the meaning set forth elsewhere in this code, Government Code or the Public Resources Code. DEVELOPMENT: The meaning set forth in chapter 1 of this title. DIRECTOR: The public works director or such other director designated by the city manager. I A-rev`-ef�e-v sect -of-r , HOUSING DEVELOPMENT: A development proiect with common ownership and financing consisting of residential use or mixed use where not less than 50 percent of the floors ace is for residential use. LAND DEDICATION: A physical exaction of ro ert for public use without compensation, whether imposed on an ad hoc or legislative basis that is charged by a local agency to the applicant in connection with approval of a development project for the ur ose of defraying all or a portion of the cost of public facilities related to the development project.. MAJOR TRANSIT STOP: A site containing an existing rail transit station a fer terminal served by either a bus or rail transit service or the intersection of two or more ma'or bus routes with a freguency of service interval of 15 minutes or less during -the morning and afternoon peak commute periods, except that for purposes of this chapter, it also includes ma"or transit stops that are included in the applicable transportation plan., "Major transit stop" includes planned ma'or transit stops otherwise meeting this definition whose construction is programmed to be completed before or within one year from the scheduled completion and occupancy of the housing development. ORDINANCE NO. 1668 Page 13 of 19 ROADWAY: That portion of a hi hwav imorgyged' deli —koed or ordinarilv used for vehicular travel, SITE PLAN: REVIEW: A discretionary land use permit described in cha ter 25 of this Title. TRANSIT PRIORITY AREA: an area within one-half mile of a major transit stqp_Lhat is existing or planned, if the planned stop is scheduled to be completed within the, plann,i.ng horizon included in a Transportation Improvement Program or applicable regional transportation plan, USE: The meaning set forth in chapter 1 of this title. SECTION 12: ESIVIC Section 15-31-3 (Dedication) is amended as follows (deleted language is shown in StFikethMuo and newly added text is underlined): 15-31-3: DEDICATION: A. Dedication: Unless otherwise provided, any development requiring mess review and approval of a Site Plan Review application located on a lot abutting public rights of way, must dedicate a portion of that lot to widen the public rights of way in accordance with the standards in exhibit C-8 of the general plan circulation element. Property dedications must be noted on building plans before the city issues a building permit and the dedications must be made before the city approves a final inspection for a building permit or issues a certificate of occupancy for a proposed project. The director is authorized to substitute an irrevocable offer to dedicate or to substitute a combination of a dedication and an irrevocable offer to dedicate for public rights of way in compliance with the standards in exhibit C-8 of the general plan circulation element and subject to section 15-31-4 of this chapter. B. Width: Table 1 of this section, is based on exhibit C-8 of the general plan circulation element and establishes the standard right of way widths for the various classifications for public rights of way. The right of way dedication on an individual lot is that portion of private property necessary to provide one-half (1/2) of the required standard width, measured from the centerline of the street. ORDINANCE NO. 1668 Page 14 of 19 TABLE 1 Right Of Way Classification Minimum Width (Feet) TABLE 1 Right Of Way Classification Minimum Width (Feet) Major arterial 142 - 150 (varies based on lane configuration) Secondary arterial Collector (divided) Collector 98 — 120 (varies based on lane configuration) 80 64 Local: Commercial 60 — 64 (varies based on lane configuration) Residential 60 Alley 1 20 1. Greater Widths: Greater widths may be required as by the director of public works or designee conditions of subdivision maps, site plan review, conditional use permits or standards variances. 2. Reduced Widths: The required standard width may be reduced at specific locations on specific streets due to unusual conditions, as authorized by the director of public works or designee. C. Effect on required yard areas and building area ratios: All required yard areas, lot coverage and floor area ratio calculations must be measured after the dedication or reservation. If the director of public works requires an irrevocable offer to dedicate, the required yard areas, lot coverage and floor area ratio calculations may be measured not including the area of dedication or reservation. D. Notwithstanding subsection A above the City will not impose a land dedication. requirement on a housing development ursuant to Section 66001 to widen a roadwa if the land dedication re uirement is for the purpose of miti atin vehicular traffic impacts, achieving an adopted traffic level of service related to vehicular traffic or achieving a desired roadway width. (However, the City may doany of the following: 1. Impose a land dedication re uirement on a housinq development if both of the followin conditions are met; a. The housinq development is not located in a transit priority area. b. The housina development has a linear street frontage of 500 feet or more. ORDINANCE NO. 1668 Page 15 of 19 •� ,„ ■ - �r • ^^ ^ ' r r - r r - it �. - .. � ,„ .; - r r r- r - • •- rr • • TWO rr�r "• • • - * Ell• • "w- SECTION 13: ESMC Chapter 15-32 (Impact Fees), Section 6 (Imposition of fees; Automatic adjustment) is amended as follows (deleted language is shown in stFikethr,,,,ryh and newly added text is underlined'): 15-32-6: IMPOSITION OF FEES; AUTOMATIC ADJUSTMENT: A. Except as otherwise provided, persons submitting applications seeking approval for new development projects must pay the city impact fees, in an amount set by city council resolution, as a condition for the city to approve such development projects. B. No tentative or final subdivision map, parcel map, grading permit, building permit, final inspection, or certificate of occupancy, or other development permit, may be approved unless the provisions of this section are fulfilled. C. Impact fees will be imposed by including the following language in any document of development approval: All fees imposed pursuant to Title 15 Chapter27-A32 of the El Segundo Municipal Code must be paid to the City "s-pr. ire accordance with Government Code section 66007. D. The director of community development or the director of public works will collect impact fees ' t s t e oe �e� reI e i t1 ee44fea -to4's, �" eta at the follown times ece t as otherwise s ecified in Government. Code section 66067: 1, Unless authorized under separate agreement or condition of approval, fees for nonresidential develo meat wills be collected at the time the Cit issues a radin permit, building ermit final inspection, or certificate of occu ancv. whichever occurs first. 2. Fees for residential development will be collected at the time the City approves a final inspection or issues a certificate of occupancy for each dwelling unit in the development. nt. 3. Notwithstand n 1 and 2 1 above utilitv service connection fees will be collected at the time an application for service is received„ ORDINANCE NO. 1668 Page 16 of 19 E. Unless otherwise provided by council resolution, the impact fees established by this chapter will be automatically adjusted on an annual basis at the beginning of each fiscal year based on the average percentage change over the previous calendar year set forth in the construction price index for the Los Angeles metropolitan area. The first impact fee adjustment cannot be made before a minimum of ten (10) months after the effective date hereof. SECTION 14: 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 15: 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 16: Validity of Previous Code Sections. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the ESMC or other city ordinance by this Ordinance will be rendered void and cause such previous ESMC provision or other the city ordinance to remain in full force and effect for all purposes. SECTION 17: Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 18: 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. ORDINANCE NO. 1668 Page 17 of 19 SECTION 19: This Ordinance will go into effect and be in full force and effect 30 days after its passage and adoption. PASSED AND ADOPTED this 18t" day of Februar „ 2025. is Pimentel, Mayor ATTEST:. Susan'City 6erk APPROVED AS TO FORM: in Mark D. Ffensley,City Attorney ORDINANCE NO. 1668 Page 18 of 19 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Susan Truax, 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. 1668 was duly introduced by said City Council at a regular meeting held on the 4th day of February 2025, 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 18th day of February, 2025, and the same was so passed and adopted by the following vote: AYES: Mayor Pimentel, Mayor Pro Tern Baldino, Council Member Boyles, Council Member Giroux and Council Member Keldorf NOES: None ABSENT: None ABSTAIN: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 18t" day of February, 2025. Susan Truax, City Clerk of the City of El Segundo, California ORDINANCE NO. 1668 Page 19 of 19