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ORDINANCE 1381ORDINANCE NO. 1381 AN ORDINANCE ADDING A NEW ARTICLE E TO CHAPTER 15- 4 OF THE EL SEGUNDO MUNICIPAL CODE PURSUANT TO GOVERNMENT CODE § 65852.2 AFFECTING SECOND DWELLING UNITS. The Council of the City of El Segundo does ordain as follows SECTION 1 The City Council finds and declares as follows A This Ordinance is consistent with the City's procedures and standards as set forth in the El Segundo Municipal Code ( "ESMC ") and State mandates regarding Second Unit housing B Amendments to the ESMC affecting second dwelling units complies with the Land Use Element of the General Plan by providing alternative means of housing for our divergent and expanding populace C Amending the ESMC will not have a significant adverse impact upon local or regional housing needs, but will help to provide a variety of housing types, from single living to convalescent care, and will aid in meeting regional housing needs D It is in the public interest to adopt this Ordinance in compliance with Government Code § 65852 2 E As demonstrated in the recently adopted Circulation Element (EA No 579 and GPA No 02 -1), and its accompanying FEIR (certified September 7, 2004) traffic volume continues to increase within the City's jurisdiction and numerous intersections are currently at less than desired levels of service, requiring, among other things, improvements to a number of traffic intersections, street construction, and other mitigations which are not projected to be completed for an extended period of time F There are currently approximately 16,033 residents in El Segundo The residential zones in El Segundo are located within approximately 84 square miles of an approximately 5 46 square mile City which results in a relatively lugh density of housing in a relatively small area and resulting in intense on- street parking. The remainder of the City is zoned for industrial and commercial uses which are not suitable for housing G To help avoid additional significant traffic impacts, preserve the enjoyment of the R -1 Zone consistent with the goals and policies of the current General Plan, and avoid the adverse noise and parking impacts associated with increasing the density of the R -1 Zone, the City Council believes that it is in the public interest Page 1 of 6 to continue to limit construction of second dwelling units within R -1 zones to the particular areas that are currently allowed under ESMC §§ 15 -4A -2 (A) and (J), 15- 4B -2(B), and 1540 -2 SECTION 2 A new definition is added to ESMC § 15 -1 -6 to read as follows "'Second dwelling unit' means independent living facilities of limited size (based upon lot coverage which includes the size of the second dwelling unit as well as the primary dwelling unit on the parcel) that provides permanent provisions for living, sleeping, eating, cooking and sanitation located on the same parcel as a single - family dwelling and either attached or detached from the single - family dwelling but share no common interior passageways " SECTION 3 Anew Article E is added to ESMC Chapter 15 -4 to read as follows "ARTICLE E. SECOND DWELLING UNITS." 15 -4E -1 Purpose This Article is adopted pursuant to Government Code § 65852 2 for the purpose of consolidating, clarifying, and implementing the City's regulation of second dwelling units Because second dwelling units tend to increase the volume of vehicle traffic within the City, street parking, noise, and other negative impacts, this Code restricts the location of second dwelling units within single family residential zones as set forth in this Article and elsewhere within this Title Increased traffic not only impacts existing public infrastructure, such as streets and intersections, but degrades air quality, increases noise, and can introduce pollutants into the City's storm drains Further, the density of housing within the City's junsdiction, when coupled with the industrial, commercial, and airport uses prevalent throughout the City, impacts aesthetics, public health and safety, and public welfare by increasing the demand for public services Moreover, because of the limited parking throughout the City, this Article makes the findings needed by the Government Code to require additional off - street parking for second dwelling units to single - family residential zones 15 -4E -2 Location in R -1 Zones In accordance with § 15- 4A -2(J), second dwelling units are allowed as a matter of right anywhere within an R -1 zone if they meet the following zone requirements A Lots upon which the second unit is to be constructed when the side lot line must form a common boundary with a lot or lots zoned for R -3 [Multi -Family Residential], P [Automobile Parking], C -RS [Downtown Commercial], C -2 [Neighborhood Commercial], C -3 [General Commercial], CO [Corporate Office], Page 2 of 6 MU -N [Urban Mixed -Use North] or MU -S [Urban Mixed Use South], and, B The real property proposed for the second unit cannot consist of more than one lot, and C The real property cannot be more than fifty (50) feet wide, or, D Where a single family dwelling unit containing seven hundred (700) square feet or less exists on the rear portion of the lot and was placed thereon prior to, or for which a building permit was issued prior to December 26, 1947, in conformance to the requirements of Ordinance 293 of the City a second detached unit may be erected on the front portion of the lot, whereupon the dwelling on the rear portion of the lot shall assume the status of a nonconforming use as defined herein, but may be expanded to a maximum of seven hundred (700) square feet 15 -4E -3 Location in R -2 and R -3 Zones In accordance with the requirement of §§ 15- 4B -2(B) and 15 -4C -2, second dwelling units are allowed as a matter of right anywhere within R -2 and R -3 Zones as these zones already allow for more than one dwelling unit This Section 15 -4E -3 does not grant additional rights to construct second dwelling units beyond the rights already set forth in Title 15 15 -4E -4 General Requirements A Lot Area All lots must conform with the lot area, width and depth requirements of the underlying zone B. Minimum Yard Requirements The minimum front, side and rear setbacks of the underlying zone provisions apply to any second unit C Design Each unit must be designed to be compatible with the main dwelling The design must consider the use of the same exterior materials, roof covering, colors, and other architectural features as the main residence D The second unit must comply with applicable building, health and fire codes E It is prohibited to have more than one second dwelling unit per lot A second dwelling unit may only be built on a site which contains another residence or in conjunction with the construction of a main residence F Access The second unit must be served by the same driveway access to the street as the existing main dwelling G Common entrance If the second unit is attached to the main dwelling, both the second unit and the main dwelling must be served either by a common entrance or Page 3 of 6 a separate entrance to the second unit must be located on the side or at the rear of the main dwelling 15 -4E -6 Parking for R -1 Zones A Pursuant to Government Code § 65852 2, the City finds that the requirement that a second dwelling unit on Single- Family Residential (R -1) property maintain two parking spaces is consistent with existing neighborhood standards applicable to existing dwellings, Because the square footage of second dwelling units are not limited except by lot coverage restrictions (allowing large multi- bedroom units which tend to create the need for more than one parking space), the required parking is directly related to the use of a second dwelling unit Requiring two parking spaces per dwelling unit is consistent with existing neighborhood standards since two parking spaces are required in all residential zones throughout the City Off - street parking is allowed in rear and side yard setback areas in the rear third of a lot and tandem parking is also permitted B Offstreet Parking Off - street parking spaces must be provided for a second dwelling unit in addition to that required for the main residence The number and type of parking spaces must comply with § §15 -15 -3 and 15 -15 -5 as they relate to two - family dwellings The required parking space may not block any required existing enclosed space for the existing underlying zone, nor conflict with access to a required parking space 15 -4E -7 Plan review process. A The review process is necessary to ensure that development standards are complied with and that proposed buildings, structures and uses maintain the integrity of the zone and are compatible with other buildings and structures in the zone B A plan must be filed with the Planning and Building Safety Department on a form supplied by that department and contains the following information 1 The use to which the property will be put, 2 An accurately dimensioned plot plan showing existing and proposed topography, all existing and proposed buildings and structures, off - street parking, landscaping areas, walls and fences, and all existing or proposed streets adjacent to the property, 3 The dimension of all yards, setbacks, parking areas, driveways, walls and fences, and square footage of all building or other structures, and Page 4 of 6 4 The floor plans, sections and elevations of all buildings and structures proposed with a notation of the type of material to be used, the color, and a material sample C The applicant must pay a filing and processing fee, in an amount set by city council resolution when filing an application for plan approval D The Planning and Building Safety Director will provide the applicant with a written decision regarding the application The decision of the director is final unless an appeal is filed in accordance with this Code SECTION 4 The term "Two Family Dwelling" in Section 15 -4A -2 (J) is replaced with the term "Second dwelling unit " SECTION 5 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 6 Repeal of any provision of the El Segundo Municipal Code 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 7 The City Council determines that this ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq , "CEQA ") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq , the "State CEQA Guidelines ") because it consists only of minor revisions and clarifications to an existing zoning code and specification of procedures related thereto and will not have the effect of deleting or substantially changing any regulatory standards or findings required therefor This ordinance is an action that does not have the potential to cause significant effects on the environment SECTION 8 The City Clerk is directed to certify the passage and adoption of this Ordinance, cause it to be entered into the City of El Segundo's book of original ordinances, make a note of the passage and adoption in the records of this meeting, and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law Page 5 of 6 SECTION 9. This Ordinance will take effect on the 31st day following its final passage and adoption PASSED AND ADOPTED this 15th ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) day of February 2005 Kelly McDowell, Mayor I, Cindy Mortesen, 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 1381 was duly introduced by said City Council at a regular meeting held on the 1st day of Feb, 2005 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 15th day of same was so passed and adopted by the following vote February 2005, and the AYES McDowell, Gaines, Boulgarides, Busch, Jacobson NOES None ABSENT' None ABSTAIN None NOT PARTICIPATING None Cindy Mdpfesen, City Clerk r � APPROVED A $O Mark D Hensl , Cy By l Karl H Berger, Assis Page 6 of 6 61 Z/-01 City Attorney