2025-01-09 Planning Commission AgendaAGENDA
CITY OF EL SEGUNDO
PLANNING COMMISSION
5:30 PM
CITY COUNCIL CHAMBER
350 MAIN STREET
EL SEGUNDO, CA 90245
JAN UARY 9, 2025
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Jay Hoeschler, Chairperson
Kevin Maggay, Vice Chairperson
Mark Christian
Mario Inga
Vacant
The Planning Commission, with certain statutory exceptions, can only take action upon
properly posted and listed agenda items. Any writings or documents given to a majority
of the Planning Commission, regarding any matter on this agenda, that the City
received after issuing the agenda packet are available for public inspection in the
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may be posted on the City's website at www.elsegundo.org and additional copies will be
available at the meeting.
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REASONABLE ACCOMMODATIONS: In compliance with the Americans with
Disabilities Act and Government Code Section 54953(g), the City Council has
adopted a reasonable accommodation policy to swiftly resolve accommodation
requests. The policy can also be found on the City's website
at https.11www.elsepundo.orp/_povemmentldepartmentslcity-clerk. Please contact
the City Clerk's Office at (310) 524-2308 to make an accommodation request or to
obtain a copy of the policy.
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Page 1 of 66
CALL TO ORDER/ROLL CALL
PLEDGE OF ALLEGIANCE
PUBLIC COMMUNICATION — (Related to City Business Only — 5-minute limit per
person, 30-minute limit total) Individuals who have received value of $50 or more to
communicate to the Planning Commission on behalf of another, and employees
speaking on behalf of their employer, must so identify themselves prior to addressing
the Planning Commission. Failure to do so shall be a misdemeanor and punishable
by a fine of $250. While all comments are welcome, the Brown Act does not allow
action on any item not on the agenda.
A. CONSENT
B. PUBLIC HEARINGS
C. NEW BUSINESS
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1. Zone Text Amendment Regarding Right-of-way Dedications and Fees,
Accessory Dwelling Unit Standards and Fees, and Public Notification
Requirements for Certain Ordinances.
Recommendation -
1. Adopt Resolution No. 2960, recommending City Council adopt an
Ordinance amending El Segundo Municipal Code (ESMC) provisions
regarding Residential Development Right-of-way Dedications and Fees,
Accessory Dwelling Unit (ADU) Standards and Fees, and Public
Notification Requirements for Certain Ordinances.
E. REPORTS — COMMUNITY DEVELOPMENT DIRECTOR
F. REPORTS -COMMISSIONERS
G. REPORTS — CITY ATTORNEY
ADJOURNMENT
POSTED:
DATE: 01 /03/2025
TIME: 2:30 PM
BY: Jazmin Farias, Assistant Planner
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Page 2 of 66
Planning Commission Agenda Statement
Meeting Date: January 9, 2025
F I' ' ' }' �' I_ Agenda Heading: UNFINISHED BUSINESS
Item Number: D.1
TITLE:
Zone Text Amendment Regarding Right-of-way Dedications and Fees, Accessory
Dwelling Unit Standards and Fees, and Public Notification Requirements for Certain
Ordinances.
RECOMMENDATION:
Adopt Resolution No. 2960, recommending City Council adopt an Ordinance
amending El Segundo Municipal Code (ESMC) provisions regarding Residential
Development Right-of-way Dedications and Fees, Accessory Dwelling Unit
(ADU) Standards and Fees, and Public Notification Requirements for Certain
Ordinances.
FISCAL IMPACT:
None
BACKGROUND:
In September 2024, the State of California enacted new laws affecting the regulation of
residential development right-of-way dedications and fees, accessory dwelling unit
standards and fees, and public notification requirements for certain ordinances (See
Attachment No 3). The proposed ordinance (See Attachment No. 2) is intended to
update certain sections of the ESMC to ensure its consistency with current State Law.
The discussion section below summarizes the new laws and the proposed changes to
the ESMC.
On December 12, 2024, the Planning Commission continued its scheduled public
hearing on this item to January 9, 2025, to give staff time to review extensive written
public comments received prior to the meeting. The public comments (See Attachment
No. 4) relate to the ordinance provisions on ADUs and recent relevant state legislation.
Page 3 of 66
Environmental Assessment No. EA 1378
Zone Text Amendment for State Law Compliance
January 9, 2025
Page 2 of 6
DISCUSSION:
Summary of new State Laws
AB 2533 (Accessory dwelling units: junior accessory dwelling units; unpermitted
developments)
This new law prohibits local agencies from denying a permit for an unpermitted
accessory dwelling unit (ADU) or a junior accessory dwelling unit (JADU) that was
constructed before January 1, 2020, on the basis of building, zoning and other
violations, unless local agencies make a finding that correcting the violation is
necessary to comply with conditions that would otherwise deem a building substandard.
In addition, the new law prohibits local agencies from requiring a homeowner to pay
impact fees or utility connection or capacity charges for previously unpermitted ADUs
and JADUs, except under specified circumstances.
SIB 1211 (Land use: accessory dwellina units: ministerial aaaroval
This law prohibits local agencies from requiring replacement parking if an uncovered
parking space is demolished in conjunction with the construction of an ADU.
Additionally, the law increases the number of detached ADUs that can be created on a
lot with an existing multi -family dwelling structure to eight, provided that the number of
detached ADUs does not exceed the number of existing units on the lot. It also sets the
maximum number of detached ADUs permitted on a lot in conjunction with a proposed
multi -family dwelling structure at two. Furthermore, the law defines "livable space" to
help clarify the spaces within multi -family dwelling structures that can be converted into
ADUs. Finally, the law establishes specific variations of attached and detached ADUs
that must be processed at the ministerial level, and it prohibits the imposition of any
local objective design or development standards except from the standards specified in
the law itself.
AB 2904 (Zoning ordinance: notice)
This new law increases the noticing period for public hearings on proposed zoning
ordinances or amendments to zoning ordinances that affect the permitted uses of real
property. The law requires that notice be published, posted, mailed, and delivered, or
advertised, as applicable, at least 20 days before the hearing.
AB 3177 (Mitigation Fee Act: land dedications: mitigating vehicular traffic impacts)
This law prohibits local agencies from imposing a land dedication requirement on a
housing development to widen a roadway if the land dedication requirement is for the
purpose of mitigating vehicular traffic impacts, achieving an adopted traffic level of
service related to vehicular traffic, or achieving a desired roadway width, with specified
exceptions. The law also defines the terms "housing development," "land dedication,"
"roadway," and "transit priority area," for the purpose of interpreting the law's provisions.
Page 4 of 66
Environmental Assessment No. EA 1378
Zone Text Amendment for State Law Compliance
January 9, 2025
Page 3 of 6
SIB 937 (Development projects: fees and charges)
This law prohibits local agencies from requiring payment of development impact fees or
charges on designated residential developments until the date the first certificate of
occupancy is issued or the final building permit inspection is approved, with specified
exceptions.
The purpose of most of the above laws is to reduce barriers and further facilitate
construction of housing, including ADUs and JADUs. AB 2904, which addresses the
topic of public notification of certain ordinances, is intended to improve the transparency
of important zoning decisions that affect the rights and value of real property owners.
Summary of ESMC Amendments
ESMC Article 15-4E (Accessory Dwellina Units
To ensure compliance with AB-2533 and SB-1211, the proposed ordinance amends the
City's ADU regulations as follows:
• Remove the requirement that a property owner must occupy one of the units on a
property with an ADU. State law previously allowed cities to require property
owner occupancy only until January 1, 2025.
• Extend the protection against correcting zoning violations 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.
Previously this protection applied only to permitted structures that were
nonconforming with current zoning code standards.
• Increase the number of detached ADUs permitted on a lot with an existing
multifamily dwelling structure to eight, but not to exceed the number of existing
dwelling units on the lot.
• Clarify and limit the number of detached ADUs permitted on a lot with a proposed
multifamily dwelling structure to two. The current maximum limit on the number of
detached ADUs is two in conjunction with either an existing or a proposed
multifamily dwelling structure.
• Define Livable space as "a space in a dwelling intended for human habitation,
including living, sleeping, eating, cooking, or sanitation."
• Exempt certain previously unpermitted accessory dwelling units built before
January 1, 2020, from paying development impact fees and connection/capacity
charges, with exceptions as specified in California Government Code Section
66332.
The public comments received on December 12, 2024 argued that several provisions in
the draft ordinance were not consistent with State ADU Law, including recently enacted
SB 1211. In response, staff has revised the draft ordinance to address the comments
Page 5 of 66
Environmental Assessment No. EA 1378
Zone Text Amendment for State Law Compliance
January 9, 2025
Page 4 of 6
and to ensure it is consistent with State Law. The main changes/additions to the
ordinance include the following:
• Establish specific limited circumstances when an ADU may be sold separately
from the primary dwelling
• Eliminate the requirement for a restrictive covenant to be recorded on the ADU
property.
• Clarify that no parking is required for ADUs
• 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.
ESMC Article 15-4F (Junior Accessory Dwelling Units)
In compliance with AB-2533 and SB-1211, the proposed ordinance extends the
protection against correcting zoning conditions to unpermitted JADUs built before
January 1, 2020, unless the unpermitted building is deemed substandard pursuant to
Section 17920.3 of the Health and Safety Code. Previously this protection applied only
to permitted structures that were nonconforming with current zoning standards.
ESMC Chapter 15-28 (Public Hearings)
To ensure compliance with AB-2904, the proposed ordinance requires notice of a public
hearing to be given at least 20 days before the hearing for all ordinances that affect
permitted uses of real property. Currently, the ESMC requires notice to be given for all
public hearings 10 days before the hearing.
ESMC Chapter 15-31 (Right-of-way Dedications and Improvements)
To ensure compliance with AB-3177, the proposed ordinance amends the above
chapter to:
• Define "Housing Development," "Land Dedication," "Roadway," and "Transit
Priority Area," and to delete the definition of "Environmental Assessment."
Currently, the definition of Environmental Assessment refers to City Council
Resolution 3805, which was rescinded a few years ago.
• Require right-of-way dedications for any development that requires approval of a
Site Plan Review application as described in ESMC Chapter 15-25 (Site Plan
Review). Currently, the dedication requirement is triggered whenever a
development requires an Environmental Assessment as currently defined.
• Require right-of-way dedications for housing developments only under specific
circumstances listed below:
1. If the housing development is not located in a transit priority area and it has a
linear street frontage of 500 feet or more,
2. If the City makes a finding, specific to the housing development project and
Page 6 of 66
Environmental Assessment No. EA 1378
Zone Text Amendment for State Law Compliance
January 9, 2025
Page 5 of 6
supported by substantial evidence, that the land dedication requirement is
necessary to preserve the health, safety, and welfare of the public, including
pedestrians, cyclists, and children, or
3. If the dedication is required to construct public improvements, including, but not
limited to, sidewalk and sewer improvements, but not to widen the actual
roadway.
Currently, ESMC Chapter 15-31 does not make a distinction residential and
nonresidential developments to impose a right-of-way dedication requirement.
ESMC Chapter 15-32 (Development Impact Fees)
To ensure compliance with SB-937, the proposed ordinance amends the above chapter
to establish specific timing for the collection of Development Impact Fees and
distinguish between residential and nonresidential developments. Specifically, the
amendment establishes the following timing:
• Fees for nonresidential development would be collected before or at the time the
City issues a grading or building permit for a development
Fees for residential development would be collected before the City approves a
final inspection or issues a certificate of occupancy (including a temporary
certificate) for each dwelling unit in a development.
Irrespective of the type of development, utility service connection fees would be
collected at the time an applicant seeks to connect to the City's utility system.
Currently, ESMC Chapter 15-32 does not prescribe specific timing for the collection of
development impact fees, but the current practice is to collect the fees before or at the
time the City issues a grading or building permit for any development.
ENVIRONMENTAL REVIEW
The proposed ordinance is exempt from the requirements of 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.
CITY STRATEGIC PLAN COMPLIANCE:
Goal 5: Champion Economic Development and Fiscal Sustainability
Page 7 of 66
Environmental Assessment No. EA 1378
Zone Text Amendment for State Law Compliance
January 9, 2025
Page 6 of 6
Strategy D: Implement community planning, land use, and enforcement policies that
encourage growth while preserving El Segundo's quality of life and small-town
character.
PREPARED BY:
Paul Samaras, AICP, Principal Planner
REVIEWED BY:
Eduardo Schonborn, Planning Manager
APPROVED BY:
Michael Allen, Community Development Director
ATTACHED SUPPORTING DOCUMENTS:
1. Resolution No. 2960
2. Resolution Exhibit A - Draft Ordinance
3. State Legislation
4. Public Comments Dated December 12, 2024
Page 8 of 66
RESOLUTION NO. 2960
A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL ADOPT
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.
(ENVIRONMENTAL ASSESSMENT NO. 1378 AND ZONE TEXT
AMENDMENT NO. 24-03)
The Planning Commission of the City of El Segundo does resolve as follows:
SECTION 1: The Planning Commission finds and declares that:
A. In September 2024 the State Legislature amended the Government Code
related to residential development right-of-way dedications and fees,
accessory dwelling unit standards and fees, and public notification
requirements for certain ordinances.
B. 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;
C. 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");
D. On December 12, 2024 and January 9, 2025, the Planning Commission
held a duly noticed public hearing to receive public testimony and other
evidence regarding the proposed ordinance, including, without limitation,
information provided to the Planning Commission by City staff and public
testimony; and,
E. This Resolution and its findings are made based upon the evidence
presented to the Commission at its January 9, 2025, hearing including,
without limitation, the staff report submitted by the Community Development
Department and the totality of the evidence in the administrative record.
SECTION 2: Factual Findings and Conclusions. The Planning Commission finds, without
limitation, that the proposed Zone Text Amendment ordinance ("Ordinance") would result
in the following:
Page 9 of 66
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";
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.
2
Page 10 of 66
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 Consistency Findings. As required under Government Code
§ 65454 the proposed Ordinance is consistent with the City's 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 § 15-27-3 and
based on the findings set forth in Section 3, the proposed amendment is consistent with
the goals, policies, and objectives 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.
3
Page 11 of 66
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
Planning Commission 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.
SECTION 6: Recommendations. The Planning Commission recommends that the City
Council adopt the Ordinance attached as Exhibit "A" which would implement the Zone
Text Amendment.
SECTION 7: Reliance on Record. Each and every one of the findings and determination
in this Resolution are based on the competent and substantial evidence, both oral and
written, contained in the entire record relating to the project. The findings and
determinations constitute the independent findings and determinations of the Planning
Commission in all respects and are fully and completely supported by substantial
evidence in the record as a whole.
SECTION 8: Limitations. The Planning Commission's analysis and evaluation of the
project is based on information available at the time of the decision. It is inevitable that in
evaluating a project that absolute and perfect knowledge of all possible aspects of the
project will not exist. In all instances, best efforts have been made to form accurate
assumptions.
SECTION 9: This Resolution will remain effective unless and until superseded by a
subsequent resolution.
LI
Page 12 of 66
SECTION 10: The Commission secretary is directed to mail a copy of this Resolution to
any person requesting a copy.
PASSED AND ADOPTED this 9th day of January 2025.
Jay Hoeschler, Chair
City of El Segundo Planning Commission
ATTEST:
Michael Allen, Secretary and
Community Development Director
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Hoeschler
Maggay
Inga
Christian
Joaquin Vazquez, Deputy City Attorney
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Page 13 of 66
EXHIBIT "A"
PC RESOLUTION NO. 2960
DRAFT ORDINANCE NO.
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;
Page 1
Page 14 of 66
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
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 154E (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:
Page 2
Page 15 of 66
1. Add definitions for "Housing Development," "Land Dedication," "Major Transit
Stop," "Roadway," and "Transit Priority Area," and delete the definition of
"Environmental Assessment";
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-
2E (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:
Page 3
Page 16 of 66
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.
SECTION 6: El Segundo Municipal Code ("ESMC") Chapter 15-4E (Accessory Dwelling
Units) is amended as follows (deleted language is shown in strikethrou 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 65852.2 for the purpose of
implementing the City's regulation of accessory dwelling units.
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Government Code section 65852.2(e) 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 65852.2(a)(1)(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 ADU or the primary dwelling was built or
developed by a qualified nonprofit corporation and meets all the requirements of
Government Code section 66341, includina anv amendments or successor statutes
thereto.
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E. Minimum Rental Term. Rental of the accessory dwellina unit must be for a term of 30
consecutive days or longer.
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 15-4A-6rT15-4B-3(H)(5) 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.
H-.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 65R��66313. This protection applies to a previously
unoermitted accessory dwellina unit constructed before January 1. 2020.
15-4E-3: DEVELOPMENT STANDARDS:
Unless otherwise preempted by Title 7, Division 1, Chapter 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: if the setback required in a zone for
aGGessery StrUGtures us other than four feet (4') frern the interier side or rear lot lines,
theThe detached accessory dwelling unit must be set back no less than four feet (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.
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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 one thousand two hundfed4l,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 e+g4#
hundred fifty (850) square feet, or one theusand41,000) 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, including living, sleeping, eating, cooking, 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.
dwefliRg StrQEture.Not more than eight detached accessory dwelling units on a lot
with an existing multifamily dwelling structure. However, the number of accessory
dwelling units allowable pursuant to this clause shall not exceed the number of
existing units on the lot.
c. Not more than two detached accessory dwelling units on a lot with a proposed
multifamily dwelling structure.
E. Parking:
1. No parking spaces are required for accessory dwelling unitswithin one half (112`
mile walking distance of a p bliG transit stun
2. When a garage, carport, covered parking structure, or dedicated 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 the
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lost spaces a-reis not required. In addition, removal of a curb cut and/or driveway
rendered nonconforming due to the construction of an accessory dwelling unit is not
required.
GF. Separate Entrance: If the accessory dwelling unit is attached to or within the
primary dwelling, it must haveand has independent exterior access from the
proposed or existing primary dwelling. SUGh, 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.
MG. Compliance: The accessory dwelling unit must comply with applicable Building,
Health and Fire Codes except where explicitly exempted by Government Code
section 6266314. Fire sprinklers for accessory dwelling units are required only
when they are required for the primary dwelling on the lot.
15-4E-4: DEVELOPMENT STANDARDS FOR GOVERNMENT CODE SECTION
66323 ADUS
Notwithstanding Section 15-4E-3, the following ADU types are permitted by right in
residential or mixed -use zones and are subject only to the development and/or design
standards listed in this section as stated in Government Code Section 66323.
A. Permitted ADU Types and Standards.
1. Single-family dwelling — Attached ADUs. One accessory dwelling unit and one
junior accessory dwelling unit per lot with a proposed or existing single-family
dwelling if all the following apply:
a. The accessory dwelling unit or junior accessory dwelling unit is within the
proposed space of a single-family dwelling or accessory structure and
may include an expansion of not more than 150 sauare feet bevond the
same physical dimensions as the existing accessory structure. An
expansion bevond the phvsical dimensions of the existina accesso
structure shall be limited to accommodating ingress and egress.
b. The space has exterior access from the proposed or existing single-family
dwelling.
c. The side and rear setbacks are sufficient for fire and safety.
d. The junior accessory dwelling unit complies with the requirements of the
Government Code Section 66333 et seq.
2. Single-family dwelling — Detached ADUs. One detached, new construction,
accessory dwellina unit that does not exceed four -foot side and rear vard
setbacks for a lot with a proposed or existing single-family dwelling. The
accessory dwelling unit may be combined with a junior accessory dwelling unit
described in subparagraph (1), above. These detached accessory dwelling units
must meet the following standards:
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a. The total floor area must not exceed 800 square feet.
b. The height must not exceed the maximum permitted height in the Single -
Family Residential (R-1) zone.
3. Multifamily dwelling structures — Attached ADUs
a. Multiple accessory dwelling units within portions of existing multifamily
dwelling structures that are not used as livable space, including, but not
limited to, storage rooms, boiler rooms, passageways, attics, basements,
or garages, if each unit complies with state building standards for
dwellings.
b. Density. At least one accessory dwelling unit within an existing multifamily
dwelling and up to 25 percent of the existing multifamily dwelling units.
4. Multifamily dwelling — Detached ADUs
a. Multiple accessory dwelling units that are located on a lot that has an
existing or proposed multifamily dwelling, but are detached from the
multifamily dwelling. These detached accessory dwelling units must meet
the following standards:
i. The height must not exceed the maximum permitted height in the
Single -Family Residential (R-1) zone
ii. The rear and side vard setbacks must be a minimum of four feet.
iii. On a lot with an existing multifamily dwelling, not more than eight
detached accessory dwelling units. However, the number of
accessory dwelling units allowable pursuant to this clause shall not
exceed the number of existing units on the lot.
iv. On a lot with a proposed multifamily dwelling, not more than two
detached accessory dwelling units.
If the existing multifamily dwelling has a rear or side setback of less than
four feet, the existing 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
requirements of this subparagraph (4).
B. No additional development or design standards are required for any accesso
dwelling unit that meets the requirements of subsection 15-4E-4(A).
C. Accessory dwelling units that meet the requirements in subsection 15-4E-4(A) must
also comply with the General Requirements in Section 15-4E-2.
D. The installation of fire sprinklers is not required in an accessory dwelling unit if
sprinklers are not required for the primary residence. The construction of an
accessory dwelling unit shall not trigger a requirement for fire sprinklers to be
installed in the existing multifamily dwelling.
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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 2-7A32 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. Notwithstanding subsection B above, a previously unpermitted accessory dwelling
unit constructed before January 1, 2020, shall not be required to pay impact fees or
connection or capacity 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
strikethrou h and newly added text is underlined):
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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 requiring the
applicant correct a non -conforming zoning condition, as that term is defined in
Government Code section 66313. This protection applies to a previously
unpermitted junior accessory 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 strikethroug-h 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;
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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
shall be posted in a manner prescribed by the Director.
5. Notwithstanding (1) through (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.
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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
strikethro irvh 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.
HOUSING DEVELOPMENT: A development project with common ownership and
financing consisting of residential use or mixed use where not less than 50 percent of
the floorspace is for residential use.
LAND DEDICATION: A physical exaction of property 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 purpose 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 ferry
terminal served by either a bus or rail transit service, or the intersection of two or more
major bus routes with a frequency 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 manor transit stops that are included in the applicable
transportation plan. "Major transit stop" includes planned major transit stops otherwise
meetina this definition whose construction is Droarammed to be comDleted before or
within one year from the scheduled completion and occupancy of the housing
development.
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ROADWAY: That portion of a highway improved, designed, or ordinarily used for
vehicular travel.
SITE PLAN REVIEW: A discretionary land use permit described in chapter 25 of this
Title.
TRANSIT PRIORITY AREA: an area within one-half mile of a major transit stop that is
existing or planned, if the planned stop is scheduled to be completed within the planning
horizon included in a Transportation Imarovement Proaram or aoolicable reaional
transportation plan.
USE: The meaning set forth in chapter 1 of this title.
SECTION 12: ESMC Section 15-31-3 (Dedication) is amended as follows (deleted
language is shown in strikethro u.,h and newly added text is underlined):
A. Dedication: Unless otherwise provided, any development requiring _An enyirenmon+ol
assessmen+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.
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TABLE 1
Right Of Way Classification
I Minimum Width (Feet)
TABLE 1
Right Of Way Classification
Minimum Width (Feet)
Major arterial
142 — 150 (varies based on lane
configuration)
Secondary arterial
98 — 120 (varies based on lane
configuration)
Collector (divided)
80
Collector
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. Notwithstandina subsection A above. the Citv will not impose a land dedication
requirement on a housing development pursuant to Section 66001 to widen a
roadway if the land dedication requirement is for the purpose of mitigating vehicular
traffic impacts, achieving an adopted traffic level of service related to vehicular
traffic, or achieving a desired roadway width. However, the City may do any of the
following:
1. Impose a land dedication requirement on a housing development if both of the
following conditions are met:
a. The housina development is not located in a transit Drioritv area.
b. The housing development has a linear street frontage of 500 feet or more.
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2. Discretionarily impose a land dedication requirement as a condition of approval
of a specific housing development project for traffic safety features if the City
makes a finding, specific to the housing development project and supported by
substantial evidence, that the land dedication requirement is necessary to
preserve the health, safety, and welfare of the public, including pedestrians,
cyclists, and children.
3. Impose a land dedication requirement to construct public improvements,
including, but not limited to, sidewalk and sewer improvements.
SECTION 13: ESMC Chapter 15-32 (Impact Fees), Section 6 (Imposition of fees;
Automatic adjustment) is amended as follows (deleted language is shown in
strikethro gh 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 Chapter 27-432 of the El Segundo Municipal Code
must be paid to the City beAgre thin „F9jeGt i� �nnrn�,o�lin accordance with Government
Code section 66007.
D. The director of community development or the director of public works will collect
impact fees in aGGerdanGe with Government Code co�nn C6007 eXGept that
ITTGlGGVfFQ1TGG-PPTn--r-w�GTTITfTGTTrppQT.i ��i vrrvv-vv� GG�7TZTfGf
utility system.at the following times, except as otherwise specified in Government
Code section 66007:
1. Unless authorized under separate agreement or condition of approval, fees for
nonresidential development will be collected at the time the City issues a grading
permit, building permit, final inspection, or certificate of occupancy, 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.
3. Notwithstanding (1) and (2) above, utility service connection fees will be collected
at the time an application for service is received.
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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.
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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 day of , 2025.
Drew Boyles, Mayor
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
ATTEST:
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. was duly introduced by said City Council at a regular meeting
held on the day of 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 day of 2025, and the same
was so passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susan Truax, City Clerk
Page 18
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OLEGISCAN
Bill Text: CA AB2533 1 2023-2024 1 Regular Session I Chaptered
California Assembly Bill 2533
Bill Title: Accessory dwelling units: junior accessory dwelling units: unpermitted developments.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2024-09-28 - Chaptered by Secretary of State - Chapter 834, Statutes of 2024. [AB2533 Detail]
Download: California-2023-AB2533-Chaptered.html
Assembly Bill No. 2533
CHAPTER 834
An act to amend Section 66332 of the Government Code, relating to land use.
[ Approved by Governor September 28, 2024. Filed with Secretary of State September 28, 2024. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 2533, Juan Carrillo. Accessory dwelling units: junior accessory dwelling units: unpermitted developments
Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance or ministerial approval, to provide for the creation
of accessory dwelling units in areas zoned for residential use, as specified. Existing law prohibits a local agency from denying a permit
for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, because the accessory dwelling unit is in
violation of building standards or state or local standards applicable to accessory dwelling units, unless the local agency makes a
finding that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure.
Existing law makes those provisions inapplicable to a substandard building, as specified.
This bill would instead prohibit a local agency from denying a permit for an unpermitted accessory dwelling unit or junior accessory
dwelling unit that was constructed before January 1, 2020, for those violations, unless the local agency makes a finding that correcting
the violation is necessary to comply with conditions that would otherwise deem a building substandard. The bill would require a local
agency to inform the public about the provisions prohibiting denial of a permit for an unpermitted accessory dwelling unit or junior
accessory dwelling unit. The bill would require this information to include a checklist of the conditions that deem a building substandard
and to inform homeowners that, before submitting a permit application, the homeowner may obtain a confidential third -party code
inspection from a licensed contractor. The bill would prohibit a local agency from requiring a homeowner to pay impact fees or
connection or capacity charges except under specified circumstances. By imposing additional duties on local agencies, the bill would
impose a state -mandated local program. The bill would authorize an inspector from a local agency, upon receiving an application for a
permit for a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, to
inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety
standards. The bill would prohibit the local agency from penalizing an applicant for having the unpermitted accessory dwelling unit and
would require the local agency to approve necessary permits to correct noncompliance with health and safety standards.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes
Bill Text
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 66332 of the Government Code is amended to read:
66332. (a) Notwithstanding any other law, and except as otherwise provided in subdivision (b), a local agency shall not deny a permit
for an unpermitted accessory dwelling unit or unpermitted junior accessory dwelling unit that was constructed before January 1, 2020,
due to either of the following:
(1) The accessory dwelling unit or junior accessory dwelling unit is in violation of building standards pursuant to Article 1
(commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code.
(2) The accessory dwelling unit or junior accessory dwelling unit does not comply with this article or Article 3 (commencing with
Section 66333), as applicable, or any local ordinance regulating accessory dwelling units or junior accessory dwelling units.
(b) Notwithstanding subdivision (a), a local agency may deny a permit for an accessory dwelling unit or junior accessory dwelling unit
subject to subdivision (a) if the local agency makes a finding that correcting the violation is necessary to comply with the standards
specified in Section 17920.3 of the Health and Safety Code.
(c) This section shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.
Page 32 of 66
(d) A local agency shall inform the public about the provisions of this section through public information resources, including permit
checklists and the local agency's internet website, which shall include both of the following:
(1) A checklist of the conditions specified in Section 17920.3 of the Health and Safety Code that would deem a building substandard.
(2) Informing homeowners that, before submitting an application for a permit, the homeowner may obtain a confidential third -party
code inspection from a licensed contractor to determine the unit's existing condition or potential scope of building improvements
before submitting an application for a permit.
(e) A homeowner applying for a permit for a previously unpermitted accessory dwelling unit or junior accessory dwelling unit
constructed before January 1, 2020, shall not be required to pay impact fees or connection or capacity charges except when utility
infrastructure is required to comply with Section 17920.3 of the Health and Safety Code and when the fee is authorized by subdivision
(e) of Section 66324.
(f) Subject to subdivision (c), upon receiving an application to permit a previously unpermitted accessory dwelling unit or junior
accessory dwelling unit constructed before January 1, 2020, an inspector from the local agency may inspect the unit for compliance
with health and safety standards and provide recommendations to comply with health and safety standards necessary to obtain a
permit. If the inspector finds noncompliance with health and safety standards, the local agency shall not penalize an applicant for
having the unpermitted accessory dwelling unit or junior accessory dwelling unit and shall approve necessary permits to correct
noncompliance with health and safety standards.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2
of the Government Code.
Page 33 of 66
OLEGISCAN
Bill Text: CA SB1211 1 2023-2024 1 Regular Session I Chaptered
California Senate Bill 1211
Bill Title: Land use: accessory dwelling units: ministerial approval.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2024-09-19 - Chaptered by Secretary of State. Chapter 296, Statutes of 2024. [SB1211 Detail]
Download: California-2023-SB1211-Chaptered.html
Senate Bill No. 1211
CHAPTER 296
An act to amend Sections 66313, 66314, and 66323 of the Government Code, relating to land use.
[ Approved by Governor September 19, 2024. Filed with Secretary of State September 19, 2024. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 1211, Skinner. Land use: accessory dwelling units: ministerial approval
Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance, to provide for the creation of accessory dwelling
units (ADUs) in areas zoned for residential use, as specified. That law prohibits, if a local agency adopts an ordinance to create ADUs in
those zones, the local agency from requiring the replacement of offstreet parking spaces if a garage, carport, or covered parking
structure is demolished in conjunction with the construction of, or is converted to, an ADU.
This bill would also prohibit the local agency from requiring the replacement of offstreet parking spaces if an uncovered parking space
is demolished in conjunction with the construction of, or is converted to, an ADU.
Existing law requires ministerial approval of ADUs, as specified. Under existing law, a local agency is also required to ministerially
approve an application for a building permit within a residential or mixed -use zone to create any of specified variations of ADUs.
Existing law imposes various requirements and restrictions on a local agency in connection with the ministerial approval of an
application for a building permit for an ADU under these specified variations.
This bill would prohibit a local agency from imposing any objective development or design standard that is not authorized by these
provisions upon any ADU that meets the requirements of any of the specified variations.
Under existing law, one of the above -described variations requires a local agency to ministerially approve a certain number of multiple
ADUs within the portion of existing multifamily dwelling structures that are not used as livable space if each unit complies with state
building standards for dwellings.
This bill would define "livable space" for purposes of the provisions governing ADUs to mean a space in a dwelling intended for human
habitation, including living, sleeping, eating, cooking, or sanitation.
Under existing law, another one of the above -described variations requires a local agency to ministerially approve not more than 2
ADUs that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that dwelling, and are
subject to a height limitation and rear yard and side setbacks, as specified.
This bill would instead authorize, under that variation, up to 8 detached ADUs to be created on a lot with an existing multifamily
dwelling, provided that the number of ADUs does not exceed the number of existing units on the lot, and up to 2 detached ADUs on a
lot with a proposed multifamily dwelling.
By imposing new duties on local governments with respect to the approval of accessory dwelling units, the bill would impose a state -
mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason
Digest Key
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes
Bill Text
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 66313 of the Government Code is amended to read
66313. For purposes of this chapter:
(a) "Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living
facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent
provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will
be situated. An accessory dwelling unit also includes the following:
Page 34 of 66
(1) An efficiency unit.
(2) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(b) "Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot
(c) "Efficiency unit" has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
(d) "Junior accessory dwelling unit" means a unit that is no more than 500 square feet in size and contained entirely within a single-
family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the
existing structure.
(e) "Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
(f) "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or
any accessory structure.
(g) "Local agency" means a city, county, or city and county, whether general law or chartered.
(h) "Nonconforming zoning condition" means a physical improvement on a property that does not conform to current zoning standards.
(1) "Objective standards" means standards that involve no personal or subjective judgment by a public official and are uniformly
verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or
proponent and the public official prior to submittal.
(j) "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory
dwelling unit.
(k) "Permitting agency" means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory
dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments,
utilities, and special districts.
(1) "Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(m) "Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses,
trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(n) "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind
one another.
SEC. 2. Section 66314 of the Government Code is amended to read:
66314. A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or
multifamily dwelling residential use. The ordinance shall do all of the following:
(a) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of
areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public
safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider
regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted.
(b) (1) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape,
architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the
California Register of Historical Resources. These standards shall not include requirements on minimum lot size.
(2) Notwithstanding paragraph (1), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit
located within its jurisdiction.
(c) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is
located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation
for the lot.
(d) Require the accessory dwelling units to comply with all of the following:
(1) Except as provided in Article 4 (commencing with Section 66340), the accessory dwelling unit may be rented separate from the
primary residence, but shall not be sold or otherwise conveyed separate from the primary residence.
(2) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(3) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached
garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and
located on the same lot as the proposed or existing primary dwelling, including detached garages.
(4) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of
the existing primary dwelling.
(5) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet.
(6) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(7) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and
to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory
dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit
that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as
an existing structure.
(8) Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit
shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building
Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a
written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific,
adverse impact on public health and safety. Nothing in this paragraph shall be interpreted to prevent a local agency from changing
the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently
converted for residential use pursuant to this article.
(9) Approval by the local health officer where a private sewage disposal system is being used, if required.
(10) (A) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per
bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
Page 35 of 66
(B) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking,
unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or
regional topographical or fire and life safety conditions.
(C) This subparagraph shall not apply to an accessory dwelling unit that is described in Section 66322.
(11) When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the
construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those
offstreet parking spaces be replaced.
(12) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The
construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary
dwelling.
(e) Require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the
application for the accessory dwelling unit and issued at the same time.
(f) An accessory dwelling unit ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice
or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is
located within an architecturally and historically significant historic district.
SEC. 3. Section 66323 of the Government Code is amended to read:
66323. (a) Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall ministerially approve an application for a building
permit within a residential or mixed -use zone to create any of the following:
(1) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all
of the following apply:
(A) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or
existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet
beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the
existing accessory structure shall be limited to accommodating ingress and egress.
(B) The space has exterior access from the proposed or existing single-family dwelling.
(C) The side and rear setbacks are sufficient for fire and safety.
(D) The junior accessory dwelling unit complies with the requirements of Article 3 (commencing with Section 66333).
(2) One detached, new construction, accessory dwelling unit that does not exceed four -foot side and rear yard setbacks for a lot with
a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit
described in paragraph (1). A local agency may impose the following conditions on the accessory dwelling unit:
(A) A total floor area limitation of not more than 800 square feet.
(B) A height limitation as provided in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Section 66321, as
applicable.
(3) (A) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable
space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies
with state building standards for dwellings.
(B) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25
percent of the existing multifamily dwelling units.
(4) (A) (i) Multiple accessory dwelling units, not to exceed the number specified in clause (ii) or (iii), as applicable, that are located
on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to a
height limitation in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Section 66321, as applicable, and rear yard
and side setbacks of no more than four feet.
(ii) On a lot with an existing multifamily dwelling, not more than eight detached accessory dwelling units. However, the number
of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot.
(iii) On a lot with a proposed multifamily dwelling, not more than two detached accessory dwelling units.
(B) If the existing multifamily dwelling has a rear or side setback of less than four feet, the local agency shall not require any
modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit
that satisfies the requirements of this paragraph.
(b) A local agency shall not impose any objective development or design standard that is not authorized by this section upon any
accessory dwelling unit that meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a).
(c) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory
dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions.
(d) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary
residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing
multifamily dwelling.
(e) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this section be for a term longer than
30 days.
(f) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite
wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified,
within the last 10 years.
(g) Notwithstanding Section 66321 and subdivision (a) a local agency that has adopted an ordinance by July 1, 2018, providing for the
approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an
accessory dwelling unit that is described in subdivision (a), and may impose objective standards including, but not limited to, design,
development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot
size.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local
agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of
service mandated by this act, within the meaning of Section 17556 of the Government Code.
Page 36 of 66
Page 37 of 66
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"HDF
Dec 12, 2024
City of El Segundo
350 Main Street
El Segundo, CA 90245
By Email: mkeldorf@elsegundoccb.orp-; ihoeschler@elsep-undoccb.org;
kmag,gUgelsegundoccb.org; mingagelsegundoccb.org; mchristianoelsegundoccb.org
CC: VMCitvManagersOffice gels egundo.org;planning gels egundo.org;
allcityclerksCa)elsegundo.org; mhensley(a)hensleylawgroup.com
Re: Proposed Changes to the City's ADU Ordinance
Dear El Segundo Planning Commission,
The California Housing Defense Fund ("CaIHDF") submits this letter regarding the proposed
amendments to the City's accessory dwelling unit ("ADU") ordinance, which are calendared
as agenda item B2 for the December 12, 2024 Planning Commission meeting.
Ca1HDF appreciates that the City is amending its ADU ordinance to keep pace with changes
in state law. However, the proposed ordinance's requirements conflict with state law as
discussed below.
Background
The law gives local governments authority to enact zoning ordinances that implement a
variety of development standards on ADUs. (Gov. Code, § 66314.) The standards in these local
ordinances are limited by state law so as not to overly restrict ADU development. (See id.)
Separately from local ADU ordinances, Gov. Code, § 66323 prescribes a narrower set of ADU
types for which it imposes a ministerial duty on cities to approve. "Notwithstanding Sections
66314 to 66322 ... a local agency shall ministerially approve" these types of ADUs. (Id. at subd.
(a).) This means that ADUs that satisfy the minimal requirements of section 66323 must be
approved regardless of any contrary provisions of the local ADU ordinance. (ibid.)
SB 1211, effective 1 January 2025, makes this even more explicit: Gov. Code, § 66323,
subdivision (b): "A local agency shall not impose any objective development or design
standard that is not authorized by this section upon any accessory dwelling unit that meets
360 Grand Ave #323, Oakland 94610
hi@calhdf.org
Page 53 of 66
the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a)"
In addition, ADUs that qualify for the protections of Gov. Code, § 66323, like other ADUs,
must be processed by local governments within 60 days of a complete permit application
submittal. (Gov. Code, § 66317, subd. (a).)
State law also prohibits creating regulations on ADU development not explicitly allowed by
state law. Government Code Section 66315 states, "No additional standards, other than those
provided in Section 66314, shall be used or imposed, including an owner -occupant
requirement, except that a local agency may require that the property may be used for
rentals of terms 30 days or longer."
Impermissible Prohibition on Separate Sales
City code section 15-4E-2(D) bans all sales of ADUs separate from the primary dwelling.
However, Government Code section 66341 establishes certain circumstances in
which the local agency must allow separate sales of ADUs. The City should amend the
proposed code to facilitate separate sales in these circumstances.
Impermissible Deed Restriction Requirements
City code section 15-4E-2(E) requires a restrictive covenant to be placed on the property
prior to the issuance of a certificate of occupancy for an ADU. This is a clear violation of
Government Code section 66323, which prohibits any standards not explicitly authorized in
that section. Deed restrictions are also not permitted by Government Code section 66315,
which forbids standards not listed in section 66314, and it is unclear why the City would want
applicants to go through the trouble of filing such a deed restriction, other than to
discourage ADU development by increasing development cost.
The California Department of Housing and Community Development ("HCD") has
communicated that such deed restrictions are unlawful in its review of other cities' ADU
ordinances. See, for example, the attached August 26, 2024 HCD review of San Marino's ADU
ordinance, in which HCD instructs the City of San Marino to remove its deed restriction
requirement.
Separately, City code section 15-4E-2(F) requires certain deed restrictions, required by the
City and declaring accessory structures as non -inhabitable, to be lifted prior to issuance of a
building permit for an ADU. This is also a clear violation of Government Code section 66323,
which prohibits any standards not explicitly authorized in that section. Owner occupancy
standards are also not permitted by Government Code section 66315, which forbids
standards not listed in section 66314.
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Page 54 of 66
Additionally, such deed restrictions imposed on ADUs (or on other accessory structures) are
unenforceable. This is due to the absence of horizontal privity between the City and the
applicant. In other words, since the City does not own the applicant's property at the time of
the application, and does not own a neighboring property to whose benefit the proposed
restriction(s) redound, black letter property law bars the restrictions from binding future
property owners. (See, e.g., Scaringe v J. C. C. Enters (1988) 205 Cal.App.3d 1536 [describing
the types of privity relationship between covenanting parties that allow enforcement of a
deed restriction]; see also Civ. Code § § 1460 et seq.)
Generally Impermissible Requirements
City code section 15-4E-3 requires ADUs to meet all the requirements for accessory
structures imposed by the underlying zoning except under specific exceptions. This type of
blanket imposition of all underlying standards is not allowed by state law.
As discussed above, state law gives local governments authority to enact zoning ordinances
that implement a variety of development standards on ADUs. (Gov. Code, § 66314.) The
standards in these local ordinances are limited by state law so as not to overly restrict ADU
development. (See id.) And state law forbids cities from imposing other standards on ADUs
beyond what are specifically listed in Government Code, section 66314. (Gov. Code, § 66315.)
Separately from local ADU ordinances, Gov. Code, § 66323 prescribes a narrower set of ADU
types for which it imposes a ministerial duty on cities to approve. The City must approve
building permits for ADUs that meet specific height, size, and setback criteria. The City
cannot therefore impose the underlying zoning requirements on such ADUs.
Impermissible Setback Requirements
City code section 15-4E-3(B) mandates that attached ADUs, and ADUs contained within a
primary dwelling, must conform to the setback requirements that the underlying zoning
district imposes on primary dwellings. However, this disregards the duty of the City to allow
ADUs proposed within a primary dwelling expansions of up to 150 square feet for the
purposes of facilitating ingress and egress. (Gov. Code, § 66323, subd. (a)(1)(A).) The City must
allow such expansions notwithstanding underlying setback requirements.
Impermissible Floor Area Limitations
City code section 15-4E-3(C)(1) forbids ADUs within a primary dwelling to be more than 49%
of the combined floor area of the two dwellings. City code section 15-4E-3(C)(2) limits
detached ADUs to 1,200 square feet. And City code section 15-4E-3(C)(3) forbids the
combined area of the ADU and primary dwelling from exceeding the maximum permitted
floor area on the lot.
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Page 55 of 66
However, none of these restrictions are not permitted for ADUs that qualify for the
protections of Government Code section 66323, subdivision (a)(1), as the state law forbids
applications of regulations other than those listed in that section.
This means that an applicant may convert more than half of a primary dwelling into an ADU.
This also means that an applicant is free to convert an accessory building into an ADU, even
if the accessory structure is greater than 1,200 square feet (and the resulting ADU is also
greater than 1,200 square feet). In addition, this means that an applicant can add an
additional 150 square feet to an ADU converted from existing space for the purposes of
ingress and egress, even if the parcel has already maxed out its allowable floor area under
local zoning.
Impermissible Entrance Location Requirements
City code section 15-4E-3(F) forbids an ADU entrance facing the front yard when the ADU is
converted from space within the primary dwelling. However, the City cannot impose this
requirement on ADUs that qualify for the protections of Government Code section 66323,
subdivision (a)(1), as the state law forbids applications of regulations other than those listed
in that section.
Out-of-date Government Code Reference
City code section 15-4E-3(G) refers to Government Code section 65852.2. However, this
section of code has been reorganized as Government Code 66314 et seq. Given that the City
is amending its code, it should make sure its references to state law are up to date.
Potentially Impermissible Parking Requirements
City code section 15-4E-3(E) exempts ADUs within 1/2 mile of transit from parking
requirements and also relieves applicants of the need to replace parking that is lost as result
of ADU development.
It is positive that the City's code contains these provisions as they are required by state law.
However, the structure and contents of the City's code raise questions about the City's
parking requirements for ADUs.
The ADU chapter contains no other references to parking. Therefore, the Code requires that
an applicant must obey underlying zoning regulations regarding parking requirements (this
is separately problematic, as addressed above). For parking requirements, underlying
zoning district regulations refer to Chapter 15 of Title 15. Chapter 15 of Title 15, in turn, refers
an applicant back to Chapter 4E for ADU parking requirements.
This means that other than the contents of code section 15-4E-3(C)(1), the City is not
regulating parking for ADUs. While Ca1HDF applauds a lack of parking requirements, we are
4of6
Page 56 of 66
concerned about what parking City may be requiring in practice for ADUs, as well as
potential confusion for applicants. To address this, the City should amend its code to either
clearly exempt all ADUs from parking requirements, or make clear that pursuant to state
law various types of ADUs are all entitled to parking exemptions, as follows.
As discussed above, Government Code section 66323 mandates that the City approve a
specific class of ADUs subject only to specified height and setback requirements,
notwithstanding any local code requirements to the contrary. This means that the City
cannot subject such ADUs to parking requirements.
Additionally, as noted above, SB 1211, effective 1 January 2025, makes the prohibition on
parking requirements (or any other development standard not authorized by section 66323)
even more explicit: Gov. Code, § 66323, subdivision (b): `A local agency shall not impose any
objective development or design standard that is not authorized by this section upon any
accessory dwelling unit that meets the requirements of any of paragraphs (1) to (4), inclusive,
of subdivision (a)"
Additionally, for ADUs that do not qualify for the protections of Government Code section
66323, state law requires the following:
• Government Code section 66314, subdivision (d)(10) forbids requiring more than one
parking space per ADU and also requires the allowance of tandem parking and
parking in setbacks absent certain findings.
• Government Code section 66322, subdivision (a) exempts the following types of
ADUs from all parking requirements:
o (1) Where the accessory dwelling unit is located within one-half of one mile
walking distance of public transit. [already granted by the City's code]
o (2) Where the accessory dwelling unit is located within an architecturally and
historically significant historic district.
o (3) Where the accessory dwelling unit is part of the proposed or existing
primary residence or an accessory structure.
o (4) When on -street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
o (5) When there is a car share vehicle located within one block of the accessory
dwelling unit.
o (6) When a permit application for an accessory dwelling unit is submitted with
a permit application to create a new single-family dwelling or a new
multifamily dwelling on the same lot, provided that the accessory dwelling
unit or the parcel satisfies any other criteria listed in this subdivision.
♦1♦
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Page 57 of 66
Ca1HDF is a 501(c)(3) non-profit corporation whose mission includes advocating for
increased access to housing for Californians at all income levels, including low-income
households. You may learn more about Ca1HDF at www.calhdf.or2.
Sincerely,
Dylan Casey
Ca1HDF Executive Director
pvvv V�-k - ---�
James M. Lloyd
CaIHDF Director of Planning and Investigations
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Page 58 of 66
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400 Sacramento, CA 95811
0 0"
(916) 263-2911 / FAX (916) 263-7453 �
www.hcd.ca.gov
August 26, 2024
Isidro Figueroa, Community Development Director
Department of Community Development
City of San Marino
2200 Huntington Drive, San Marino, CA 91108
Dear Isidro Figueroa:
RE: Review of San Marino's Accessory Dwelling Unit (ADU) Ordinance under
State ADU Law (Gov. Code, §§ 66313 - 66342)
Please Note: As of March 25, 2024, with the Chaptering of Senate Bill (SB) 477
(Chapter 7, Statutes of 2024), the sections of Government Code relevant to State ADU
and JADU Law have been re -numbered (Enclosure 1).
Thank you for submitting the City of San Marino (City) ADU Ordinance No. 0-24-1411
(Ordinance), adopted March 13, 2024, to the California Department of Housing and
Community Development (HCD). HCD has reviewed the Ordinance and submits these
written findings pursuant to Government Code section 66326, subdivision (a). HCD
finds that the Ordinance does not comply with State ADU and junior accessory dwelling
unit (JADU) Laws in the manner noted below. Pursuant to Government Code section
66326, subdivision (b)(1), the City has up to 30 days to respond to these findings.
Accordingly, the City must provide a written response to these findings no later than
September 25, 2024.
While the Ordinance addresses many statutory requirements, HCD finds that the
Ordinance fails to comply with State ADU Law as follows:
Section 23.01.01 — ADU Definition — The Ordinance defines an ADU as, "An
attached or detached residential dwelling unit which provides complete
independent living facilities for one or more persons. It shall include a kitchen as
defined in this Chapter, a full bath, and permanent provisions for living, sleeping,
eating, cooking, and sanitation on the same parcel where the primary single-
family residence is situated." However, ADUs may also be located on lots and/or
parcels with existing or proposed multi -family structures.' Therefore, the City
must amend its ordinance to allow ADUs on the same parcel as the single-
family or multifamily dwelling is or will be situated.
2. Section 23.01.01 (2) — "Converted ADU" Definition — The Ordinance states that,
"A Converted ADU does not include an ADU that would: (a) increase the height
of an Existing Structure; (b) require the removal of more than 50 Cubic Yards as
1 Gov. Code, §§ 66313, subd. (a); 66314; subd. (d)(2); 66317, subd. (a).
Page 59 of 66
Isidro Figueroa, Community Development Director
Page 2
part of the excavation of an Existing Structure..." However, ADUs pursuant to
Government Code section 66323, subdivisions (a)(1) and (a)(3), may not be
precluded from development for increasing the height of an existing structure or
removing more than 50 Cubic Yards of the existing structure as a condition of
ADU approval. While the City may provide a definition for converted ADUs, the
definition cannot preclude ADUs pursuant to Government Code Section 66323,
Subdivisions (a)(1) and (a)(3). Therefore, the City must amend its ordinance to
remove these sections or explicitly clarify that ADUs converted from existing or
proposed space may not be precluded from development.
3. Section 23.02.25, subdivisions (A), (B)(5), (E)(3), (E)(4), (F)(2)(a), (F)(3)(a),
(G)(1), (G)(2)(a), (G)(3)(a), (H)(16)(a), & (1)(5) — Out of Date Code References —
The Ordinance makes repeated references to standards contained within
Government Codes 65852.2 and 65852.22. While correct at the time of
adoption, these code references are now out-of-date due to the Chaptering of
Senate Bill 477. Therefore, the City must amend its ordinance to replace these
code references with their, re-chaptered sections.
4. Section 23.02.25 (D)(3) — Application Denial — The Ordinance states, "An
application that does not conform to the specific standards set forth in this
Section, including the development standards set forth in Section 23.02.25(G)
shall not be approved ministerially but shall require design review, a conditional
use permit, or variance, as applicable. However, state law requires that when a
local agency denies an application for an ADU or JADU, the permitting agency
shall, within 60 days, 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.2 Therefore, the City must amend
its ordinance to reflect the lawful permit denial procedure.
Section 23.02.25 (E) — Location and Zoning Requirements — The Ordinance
states, "An accessory dwelling unit may be located only on residentially zoned
lots or upon a lot with an existing residential dwelling." However, ADUs must be
allowed in all areas zoned to allow single-family or multi -family use, whether
these areas are exclusively zoned for residential use or not.3 Therefore, the City
must amend its ordinance to reflect state law.
5. Section 23.02.25 (E)(1), (2), and (3) — ADU Allotment — The Ordinance states
that, "One JADU and one ADU may be constructed on a single family residential
lot where the JADU and ADU meet the requirements in Government Code
Section 65852.2(e)." However, this language omits the potential for ADUs
constructed on lots zoned for multifamily use.4 Therefore, the City must amend
its ordinance to also allow for ADUs constructed on lots zoned for multifamily
use.
2 Gov. Code, § 66317, subd. (b).
3 Gov. Code. §§ 66314, 66323, subd. (a)(3).
4 Gov. Code, §§ 66314, 66323, subd. (a)(3).
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Isidro Figueroa, Community Development Director
Page 3
Additionally, Government Code section 66323, subdivision (a), states,
"Notwithstanding Sections 66314 to 66322, inclusive, a local agency shall
ministerially approve an application for a building permit within a residential or
mixed -use zone to create any of the following: (1) One accessory dwelling unit
and one junior accessory dwelling unit per lot with a proposed or existing single-
family dwelling ... (A) The accessory dwelling unit or junior accessory dwelling
unit is within the proposed space of a single family dwelling or existing space of
a single-family dwelling or accessory structure." Paragraph (2) permits "[o]ne
detached, new construction, accessory dwelling unit that does not exceed four -
foot side and rear yard setbacks." The use of the term "any" followed by an
enumeration of by right ADU types permitted means that any of these ADU
types can be combined on a lot zoned for single-family dwellings.
This permits a homeowner, who meets specified requirements, to create one
converted ADU; one detached, new construction ADU; and one JADU. Thus, if
the local agency approves an ADU that is created from existing (or proposed)
space, and the owner subsequently applies for a detached ADU (or vice versa)
that meets the size and setbacks pursuant to the subdivision, the local agency
cannot deny the application, nor deny a permit for a JADU under this
subdivision.
This subdivision applies equally to ADUs created pursuant to Government Code
section 66323, subdivisions (a)(3) and (a)(4) on lots with proposed or existing
multifamily dwellings. Limiting lots to one ADU would prevent property owners
from creating ADUs by right under subdivision (a). Therefore, the City must
amend its ordinance to allow for ADU development pursuant to Government
Code section 66323, subdivisions (a).
6. Section 23.02.25 (E)(4) — Fire Safety - The Ordinance states "For fire safety
purposes, new ADUs and JADUs may only be located on a residential lot that
has: 1) at least a 10-foot wide fire lane within 150 feet of the subject property
and 2) a minimum fire flow of 1,000 gallons per minute." However, Government
Code section 66314, subdivision (a) provides that a local agency may, through
an ordinance, "Designate areas within the jurisdiction of the local agency where
accessory dwelling units may be permitted. The designation of areas may be
based on the adequacy of water and sewer services and the impact of
accessory dwelling units on traffic flow and public safety." While the City is
authorized to designate specific areas where ADUs may be permitted based on
impacts on traffic flow and public safety, they can only do so based on
substantial evidence in the record that the construction of the ADU it could have
a specific, adverse impact on public health and safety'. Therefore, the City must
remove this section of the Ordinance or explicitly incorporate the "substantial
evidence" to comply with State ADU Law.
7. Section 23.02.25 (F)(2) — Deed Restriction — The Ordinance requires a deed
restriction for ADUs. While Government Code section 66333, subdivision (c)
requires the recordation of a deed restriction for JADUs, the deed restrictions for
5 Gov. Code, § 66314 (d)(8).
Page 61 of 66
Isidro Figueroa, Community Development Director
Page 4
JADUs are limited to prohibit the separate sale of a JADU and a restriction on
the size and attributes of the JADU. Government Code section 66315 requires
that no additional standards, other than those provided in Government Code
Section 66314, shall be used, or imposed on accessory dwelling units. The City
may not require a deed restriction prior to and as a condition of approval of an
ADU building permit application.6 Therefore, the City must amend the Ordinance
to remove this requirement.
8. Section 23.02.25 (F)(2)(b) — JADU Rental Terms — The Ordinances states, "If
the ADU/JADU is rented, it shall not be rented for a period of less than
90(ninety) consecutive days. A minimum 90-day rental requirement imposes
rental requirements for JADUs that are inconsistent with state law, which only
requires a minimum rental term of 30 (thirty days) for ADUs and JADUs built
pursuant to Government Code section 66323.' Therefore, the City must amend
its ordinance to clarify that JADUs rental term must be longer than 30 days
consistent with Government Code section 66323 subdivision (d).
9. Section 23.02.25 (F)(2)(d); (H)(1); (H)(2); (H)(6) — Livable Area — The Ordinance
states that, "The ADU/JADU shall be restricted to the Livable Area approved at
the time of building issuance." However, State ADU Law allows for the
development of multiple accessory dwelling units within the portions of existing
multifamily dwelling structures that are not used as livable space.$ Therefore,
the City must amend its Ordinance to allow for the development of ADUs
pursuant to Government Code section 66323, subd. (a)(3).
Additionally, the Ordinance defines "Livable area" as "the square footage of all
floor areas of a building, including basements, measures from the exterior faces
of walls...." The Ordinance makes multiple references to "Livable Area"
regarding floor area calculations. However, floor area must be calculated
according to area within the inside perimeter of the exterior walls of the building
under consideration, exclusive of vent shafts and courts, without deduction for
corridors, stairways, ramps, closets, the thickness of interior walls, columns, or
other features.9 Therefore, the City must amend its ordinance to calculate floor
area in alignment with the California Building Code (CBC).
10. Section 23.02.25 (F)(2)(e) — Separate Utilities — The Ordinance states that, "A
second unit may not have utility services separate from those of the main
residential structure on the same property." However, for ADUs described in
paragraph (1) of subdivision (a) of Government Code Section 66323, a local
agency, special district, or water corporation shall not require the applicant to
install a new or separate utility connection directly between the ADU and the
utility or impose a related connection fee or capacity charge, unless the ADU
was constructed with a new single-family dwelling, or upon separate
6 Gov. Code, § 66314.
Gov. Code, § 66323, subd. (d).
8 Gov. Code, § 66323, subd. (a)(3).
9 CBC, § 202.
Page 62 of 66
Isidro Figueroa, Community Development Director
Page 5
conveyance of the ADU pursuant to Section 66342.10 Therefore, the City must
amend its ordinance to specify that ADUs described in paragraph (1) of
subdivision (a) of Government Code Section 66323 are an exception to this
standard.
11. Section 23.02.25 (F)(2)(g) — Permit Revocation — The Ordinance states that,
"Violations and lack of compliance with any provisions of this Section may result
in legal action against the property Owner, including revocation of any right to
maintain an ADU/JADU on the property..." While this provision aligns with State
ADU Law, a local agency, upon request of an owner of an ADU for a delay in
enforcement, shall also delay enforcement of a building standard, subject to
compliance with Section 17980.12 of the Health and Safety Code, pursuant to
Government Code section 66331. Therefore, the City should amend its
ordinance to clarify that San Marino residents may request such a delay in
enforcement of building standards prescribed by the Ordinance under certain
conditions.
12. Section 23.02.25 (G)(1) — ADUs on Multi -family Lots — The Ordinance outlines
the planning application exemptions for ADUs created pursuant to Government
Code section 65852.2, subdivisions (e)(1)(A) and (B) (now section 66323,
subdivisions (a)(1) and (2)). However, the Ordinance fails to specify, here and
elsewhere in Section 23.02.25, the potential for the development of ADUs on
lots with proposed or existing multifamily dwellings per Government Code
section 66323, subdivisions (a)(3) and (4). As Government Code outlines the
standards to be met for this type of ADU on lots with proposed or existing multi-
family dwellings, the City's Ordinance must do the same. Therefore, the City
must amend its ordinance to clarify the complete potential for comprehensive
ADU development on lots with existing or proposed multi -family dwellings
pursuant to state law.
13. Section 23.02.25 (H)(2); (H)(3) — ADU Height and Datum Point Definition — The
Ordinance restricts attached and detached ADUs from exceeding "one story or
sixteen feet in height". However, these requirements were superseded on
January 1, 2023, by the passage of SIB 897. Consequently, local agencies may
not impose any height limitation that does not allow for the minimum standards
enumerated by Government Code section 66321, subdivision (b)(4). Therefore,
the City must amend its ordinance to reflect the respective statutory height
limitations Additionally, please clarify what is meant by "datum point" or remove
from the Ordinance.
14. Section 23.02.25 (H)(6)(b) — "Street Facing" Setbacks — The Ordinance states,
"Attached and detached ADU [sic] on corner lots are required to abide by the
front and street -facing side yard setback requirements of the underlying zoning
district in which the ADU is located." Further, a setback of no more than four feet
from the side and rear lot lines shall be required for an ADU not converted from
an existing structure or a new structure constructed in the same location and to
10 Gov. Code, § 66324, subd. (d).
Page 63 of 66
Isidro Figueroa, Community Development Director
Page 6
the same dimensions as an existing structure.11 Any "street -facing side yard
setback" regulations that imposes further restrictive setback requirements would
conflict with state law. Therefore, the City must amend its ordinance to remove
these requirements.
15. Section 23.02.25 (H)(9); (H)(11); (H)(12) — Design Standards — The Ordinance
states, "An ADU shall exactly match the building materials, color, style, and form
of the primary residence." The Ordinance goes on to state that, "Exterior lighting
shall be shielded or directed so that it does not glare off -site or illuminate the
primary residence or any adjacent property." Finally, the Ordinance requires
that: "Windows shall be located to avoid direct line of sight to windows of
adjacent properties. However, local design standards provided by the Ordinance
pursuant to Government Code sections 66314 — 66322 may not preclude the
development of ADUs pursuant to Government Code sections 66323.
Therefore, the City must amend its ordinance to clarify. .
Additionally, design standards for ADUs must be objective standards, i.e.
standards that involve no subjective judgment by a public official and are
uniformly verifiable by reference to an external and uniform benchmark or criterion
available and knowable by both the development applicant or proponent and the
public official prior to submittal.12 Terms such as "avoid direct line of sight" are
subjective terms. Therefore, the City must adopt objective design standards.
16. Section 23.02.25 (H)(14) — Design Standards — The Ordinance states that, "Any
common wall separating the accessory dwelling unit from the main building shall
be soundproofed." However, local design standards provided by the Ordinance
pursuant to Government Code sections 66314 — 66322 may not preclude the
development of ADUs pursuant to Government Code sections 66323.
Therefore, the City must amend its ordinance to clarify.
17. Section 23.02.25 (H)(16)(b); (H)(16)(e) — Parking Standards — The Ordinance
states that ADU parking will not be required if, "The ADU is entirely within a
proposed or existing primary dwelling or other structure", or if "There is a City -
approved and dedicated parking space for a car share vehicle located within
one block of the ADU. However, local agencies shall not impose parking
standards on accessory dwelling units that are part of the proposed or existing
primary residence, rather those that are entirely within these structures.13
Additionally, local agencies shall not impose parking standards ADUs that are
located within one block of a car share vehicle, regardless of City approval."
Finally, local agencies shall also not impose parking standards on ADUs when a
permit application for an ADU is submitted with a permit application to create a
new single-family dwelling or a new multifamily dwelling on the same lot.'-'
11 Ibid.
,,Gov. Code, §§66313, subd. (h); 66314, subd. (b)(1).
13 Gov. Code, § 66322, subd. (a)(3).
14 Gov. Code, §66322, subd. (a)(5).
15 Gov. Code,§ 66322, subd. (a)(6).
Page 64 of 66
Isidro Figueroa, Community Development Director
Page 7
Therefore, the City must amend its ordinance to revise parking exemption
conditions for ADUs.
18. Section 23.02.25 (1)(1) — JADU Owner Occupancy — The Ordinance states that,
"The Owner of a parcel proposed for a JADU shall occupy as a principal
residence..." However, owner -occupancy is required for the owner of the single-
family residence which will contain the JADU, rather than the owner of the
parcel on which the residence sits.16 As a single parcel may contain multiple lots
with single family dwellings, the Ordinance fails to specify owner -occupancy
requirements in scenarios where the parcel owner and residence owner differ,
such as a land lease agreement. Therefore, the City must amend its ordinance
to include more precise owner -occupancy language.
19. Section 23.02.25 (1)(4) — JADU Development Standards — The Ordinance states
that, "The JADU must be contained entirely within the walls of the existing or
proposed Single Family Dwelling Unit." In addition to this requirement, State
JADU Law states that enclosed uses within the residence, such as attached
garages, are considered a part of the proposed or existing single-family
residence and therefore "contained entirely within the walls of the existing or
proposed Single Family Dwelling Unit".17 Therefore, the City must add this
language to comply with State JADU Law.
20.(1)(7) — JADU Interior Entry— The Ordinance states, "An interior entry to the
main living area shall be provided to serve a JADU." However, a requirement for
an interior entry from JADU to main living area shall only be required if the
JADU lacks a separate bathroom.18 Therefore, the City must amend its
ordinance to remove this requirement or specify when, and only when, this
requirement may apply.
The City has two options in response to this letter.19 The City can either amend the
Ordinance to comply with State ADU Law20 or adopt the Ordinance without changes
and include findings in its resolution adopting the Ordinance that explain the reasons
the City believes that the Ordinance complies with State ADU Law despite HCD's
findings.21 If the City fails to take either course of action and bring the Ordinance into
compliance with State ADU Law, HCD must notify the City and may notify the California
Office of the Attorney General that the City is in violation of State ADU Law.22
HCD appreciates the City's efforts in the preparation and adoption of the Ordinance and
welcomes the opportunity to assist the City in fully complying with State ADU Law.
16 Gov. Code,
17 Gov. Code,
18 Gov. Code,
19 Gov. Code,
20 Gov. Code,
21 Gov. Code,
22 Gov. Code,
§ 66333, subd. (b).
§ 66333, subd. (d).
§66333, subd. (e)(2).
§ 66326, subd. (c)(1).
§ 66326, subd. (b)(2)(A).
§ 66326, subd. (b)(2)(B).
§ 66326, subd. (c)(1).
Page 65 of 66
State ADU/JADU Law Statutory Conversion Table
New Government
66310
66312
66313
.•- SeSections
ctions Previous Government Code
Article 1. General Provisions
65852.150 (a)
65852.150 (b)__
65852.150 (c)
General Definition Section
M&M 65852.20)
65852.220)
Article 2. Accessory D
elling Unit Approvals
66314
65852.2 a 1 A, D i- xii , a 4- 5
66315
65852.2 a 8
66316
65852.2 a 6
66317
65852.2 a 3 , a 7
66318
65852.2 a 9 , 65852.2 a 2
66319
65852.2 a 10
66320
65852.2 b
66321
65852.2 c
66322
65852.2 d
66323
65852.2 e
66324
65852.2 f
66325
65852.2
66326
65852.2 h
66327
65852.2 i
66328
65852.2 k
66329
65852.2 I
66330
65852.2 m
66331
66332
66333
66334
66335A
66336
65852.2 n
65852.23.
Article 3. Junior Acc ssory Dwelling Units
65852.22 a
65852.22 (b)
65852.22 (c)
65852.22 d
66337
d
65852.22 e
66338
65852.22 f -
66339
65852.22 h
Article 4. Accesso Dwelling Unit Sales
66340
65852.26 b
66341
65852.26 a
66342
65852.2 a 10
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