ORDINANCE 1550 ORDINANCE NO. 1550
AN ORDINANCE AMENDING TITLES 8 AND 15 OF THE EL
SEGUNDO MUNICIPAL CODE RELATED TO ACCESSORY
DWELLING UNITS
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: The City Council finds and declares as follows:
A. On February 15, 2005, the City Council adopted Ordinance No. 1381 which
added article E to El Segundo Municipal Code (ESMC) chapter 15-4 which
provided for the creation of second dwelling units; the ordinance limited the
location of second dwelling units to the R-1 zone and applied certain
development standards as permitted by law;
B. The location of second dwelling units was limited in Ordinance No. 1381
based on certain findings made by the City Council at the time. In particular,
the City Council found that traffic volumes were already increasing, resulting
in numerous intersections then at less-than-desired levels of service. It was
found that the small residential area of the City was not prepared to handle
the relatively higher density and the expected impacts related to street
parking;
C, In recent years, there has been considerable discussion throughout the
state regarding a housing shortage in California, which is associated with
rising housing costs and a shortage of affordable housing options, and
increased homelessness. Accessory dwelling units by their nature are
considered to be affordable units which will help to alleviate some of the
lack of affordability in housing markets;
D. On September 27, 2016, Assembly Bill No. 2299 and Senate Bill No. 1069
were both approved. These bills amended Government Code Section
65852.2 to facilitate the development of accessory dwelling units (formerly
termed "second dwelling units");
E, On November 29, 2016, staff initiated an application for Environmental
Assessment No. EA-1177 and Zone Text Amendment No. ZTA 16-06 to
amend the City's regulations affecting accessory dwelling units to ensure
conformity with the State's changes to Government Code Section 65852.2;
F, The City reviewed the project's environmental impacts 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., CEQA Guidelines), and the City's
Environmental Guidelines (City Council Resolution No. 3805, adopted
March 16, 1993);
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G. The Planning and Building Safety Department scheduled the public hearing
regarding the application before the Planning Commission for March 9,
2017;
H. On March 9, March 23, and April 27, 2017, the Planning Commission held
a public hearing to receive public testimony and other evidence regarding
the proposed amendment, including information provided by City staff and
public testimony;
I. On May 11, 2017, the Planning Commission received further testimony and
other evidence regarding the proposed amendment and adopted
Resolution No. 2809 recommending the City Council approve
Environmental Assessment No. EA-1177 and Zone Text Amendment No.
ZTA 16-06;
J. On June 6, 2017, the City Council held a public hearing, considered the
Planning Commission's recommendation, and information provided by City
staff and public testimony regarding this Ordinance;
K. The City Council finds that the conditions that were cited in Ordinance No.
1381 that existed in the City at the time (i.e., increased traffic, relatively high
density of housing in a small area, and intense on-street parking) continue
to exist within the City, so it is appropriate to limit the location of accessory
dwelling units to certain areas within the City as described by this ordinance
and pursuant to Government Code section 65852.2(a)(1)(A);
L. The City Council further finds that the prospect of garages being converted
into accessory dwelling units would exacerbate the City's existing on-street
parking problems since converting garages into accessory dwelling units
displaces both the required parking for the primary dwelling as well as
adding street parking demand related to the tenants of the accessory
dwelling units;
M. This Ordinance and its findings are made based upon the entire
administrative record including the Planning Commission's
recommendation, testimony and evidence presented to the City Council at
its June 6, 2017 hearing, and the staff report submitted by the Planning and
Building Safety Department; and
SECTION 2: Factual Findings and Conclusions. The City Council finds that implementing
the proposed ordinance would result in the following:
A. Facilitate the development of accessory dwelling units in the Single-Family
Residential (R-1) and Two-Family (R-2) zones;
B, Accessory dwelling units will be permitted on real property that cannot
consist of more than one lot;
ORDINANCE No. 1550
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C. Accessory dwelling units will be permitted only on lots that contain at least
an existing single-family dwelling, or will be constructed in conjunction with
a single-family dwelling;
D. Accessory dwelling units will not be allowed to be sold separately from a
primary dwelling;
E. Accessory dwelling units or the primary dwelling units on a lot will be
required to be owner-occupied;
F. Accessory dwelling units will be restricted to the height and setback
standards applicable to all other accessory structures in their respective
zones;
G. Accessory dwelling units within existing primary dwellings and detached
accessory dwelling units will be restricted to a maximum size of 1,200
square feet. All accessory dwelling units are subject to the total floor area
ratio limitation applicable to the lot;
H. Accessory dwelling units will be required to be compatible in architectural
design with the primary dwelling on a lot;
I. In accordance with Government Code Section 65852.2(d),100 percent of
residential lots that are eligible for an accessory dwelling unit within the City
are within half of a mile of public transit and are, therefore, not required to
provide parking for the accessory unit;
J. Accessory dwelling units will be required to comply with applicable building,
health and fire codes, except where explicitly exempted by Government
Code Section 65852.2; and
K. Conversions of garages and carports required under the provisions of
ESMC Title 15 will be prohibited.
SECTION 3: General Plan Findings. As required under Government Code Section
65860, the ESMC amendments proposed by the Ordinance are consistent with the El
Segundo General Plan as follows:
X The proposed zone text amendment is in conformity with the Land Use
Element goals, objectives and policies. Specifically, the zone text
amendment is consistent with Land Use Element Goal LU3 and Objectives
LU3-1 and LU3-2 in that the amendment will: a) facilitate the development
of accessory dwelling units in the City's R-1 and R-2 zones as required by
Section 65852.2 of the Government Code; and b) will protect single family
residential uses and preserve the City's low-medium residential nature
through the use of development standards, such as limits to the area,
height, and setbacks for accessory dwelling units. These limits will ensure
accessory dwelling units remain secondary and subordinate to primary
ORDINANCE No. 1550
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dwellings on a property and will reduce potential negative impacts on
surrounding properties; and
B.. The proposed zone text amendment is consistent with the Housing Element
goals, objectives and policies. Specifically, the zone text amendment is
consistent with Goal No. 4 to remove governmental constraints on housing
development, in that it will remove the location restrictions, lot size, and
parking requirements for accessory dwelling units. In addition, the zone text
amendment is consistent with the goal of assisting in the production of
affordable housing and Program No. 3 in that it will facilitate the
development of accessory units on R-1 zoned lots. Further, the zone text
amendment is consistent with Program No. 6 to facilitate development on
underutilized sites and on small lots, particularly on small lots in the R-2
zone through the elimination of parking requirements for accessory dwelling
units.
SEC'rI0N 4: Zone Text Amendment Findings. In accordance with ESMC Chapter 15-26
and based on the findings set forth in Section 2, the proposed zone text amendment is
consistent with and necessary to carry out the general purpose of ESMC Tile 15 as
follows:
A. It is consistent with the purpose of the ESMC, which is to serve the public
health, safety, and general welfare and to provide the economic and social
advantages resulting from an orderly planned use of land resources. In
addition, it is consistent with the purpose of the R-1 and R-2 zones to
promote development of single-family and two-family homes within a safe
and healthy environmental for existing and future residents, in that
accessory dwelling units will conform to the height and setback standards
applicable to accessory structures, will be compatible architecturally with
primary dwellings, and meet all applicable building, health, and fire codes;
and
B. It is necessary to facilitate the development process and ensure the orderly
development of accessory dwelling units on properties in the R-1 and R-2
zones that are compatible with surrounding properties and consistent with
the goals, policies, and objectives of the General Plan as set forth in Section
4 above.
SECTION 5: Environmental Assessment. Because of the facts set forth in Section 2, the
proposed zone text amendment is statutorily exempt from further environmental review
under the California Environmental Quality Act (California Public Resources Code
§§21000, et seq., "CEQA") and CEQA Guidelines (14 California Code of Regulations
§§15000, et seq.), because it involves the adoption of an ordinance regarding accessory
dwelling units in a single-family or multifamily residential zone to implement the provisions
of section 65852.2 of the Government Code as set forth in section 21080.17 of the Public
Resources Code, pursuant to CEQA Guidelines section 15282(h).
ORDINANCE No. 1550
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SECTION 6: ESMC Section 8-5A-2 (Preferential Parking Zones; Definitions) is amended
as follows (strikethre u nh is language proposed to be deleted, and underlined is language
proposed to be added):
8-5A-2: DEFINITIONS.
For the purpose of this Article, certain words and phrases are defined as
follows:
DWELLING UNIT: Any self-contained house, apartment, stock cooperative,
er--condominium or acces sory dwelling gLi t occupied solely for residential
purposes.
PREFERENTIAL PARKING ZONE: A residential area with streets and
boundaries designated by the City Council wherein vehicles displaying a
permit shall be exempt from parking restrictions established by this Article.
RESIDENT: Any person who lives in a dwelling unit located in a preferential
parking zone.
VISITOR: A person visiting residents living in a dwelling unit in a preferential
parking zone.
SECTION 7: ESMC Section 15-1-6 (Definitions) is amended as follows:
15-1-6: DEFINITIONS:
The following words and phrases, when used in this Title, shall have the
meanings respectively ascribed to them in this Chapter:
ACCESSORY DWELLING UNIT: An attached or a detached residential
dwelling unit which provides complete independent living facilities for one
or more persons. The unit shall include permanent provisions for living,,
sleeping; eating, cooking, and sanitation on the same parcel as the sine
familv dwelling is situated. The term "accessory dwelling unit" includes:
(A) An efficiencv unit, as defined in Section 17958.1 of the Health and
Safetv Code.
(B) A manufactured home, as defined in Section 18007 of the Health and
Safety Code.
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ORDINANCE No. 1550
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SECTION 8: ESIVIC Section 15-413-2 (Two-Family Residential (R-2) zone: Permitted
uses) is amended as follows:
15-4B-2: PERMITTED USES:
A. Any use permitted in the R-1 zone,
B. A two-family dwelling, duplex, or two q+one-family dwellings.
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D. C. Other similar uses approved by the director of planning and
building safety, as provided by chapter 22 of this title.
SECTION 9: ESIVIC Section 15-413-3 (Two-Family Residential (R-2) zone: Permitted
Accessory uses) is amended as follows:
15-4113-3: PERMITTED ACCESSORY USES:
A. Any use customarily incidental to a permitted use.
B. Detached accessory buildings and structures, including private garages,
C. An accessory dwelling unit, pursuant to Article 15-4E of this title.
GQ. Playhouses.
GE. Other similar uses approved by the director of planning and building
safety, as provided by chapter 22 of this title.
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Page 7 of 11
SECTION 10: ESMC Article 154E (Second Dwelling Units) is deleted in its entirety
and replaced with the following:
ARTICLE E. ACCESSORY DWELLING UNITS
15-4E-1: PURPOSE; FINDINGS.
15-4E-2: GENERAL REQUIREMENTS.
15-4E-3: DEVELOPMENT STANDARDS.
15-4E-4: PLAN REVIEW PROCESS; FEES.
This Article is adopted pursuant to Government Code Section 65852.2, as
amended by Assembly Bill No. 2299 (effective January 1, 2017), for the
purpose of implementing the City's regulation of accessory dwelling units.
Pursuant to Government Code Section 65852.2(a), this Article designates
areas within the City where accessory dwellings are permitted. Because
accessory dwelling units tend to increase the volume of vehicle traffic within
the city, on-street parking, noise, and other adverse impacts, this Article
restricts the location of accessory dwelling units within single-family
residential zones. 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 increased density of housing within the city's jurisdiction
impacts public health and safety, and the public welfare by increasing the
demand for public services.
15-4E-2: GENERAL REQUIREMENTS.
A. Definition of "Existing." For purposes of this Article and defining an
allowable space or structure that can be converted to an accessory
dwelling unit, the term "existing" means dwellings or structures that:
1 Lawfully existed on the parcel as of January 1, 2017 or were
the subject of a building permit duly issued before January 1,
2017; and
2. Can be made safely habitable under local building codes at
the determination of the building official.
B. Locations.Accessory dwelling units are permitted by right throughout the
R-1 zone and in the R-2 zone on lots that are less than 4,000 square
feet. Accessory dwelling units may be i) contained within the existing
space of a single-family residence and/or attached to a single-family
residence, ii)within the existing space of an existing accessory structure,
such as a pool house, studio or similar structure with four walls and a
roof (but not including garages), or iii) detached from the single-family
ORDINANCE No. 1550
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residence, subject to the requirements and development standards in
this Code and state law.
C. The real property proposed for the accessory dwelling unit may not
consist of more than one lot.
D. The lot must contain an existing single-family dwelling. An accessory
dwelling unit may only be constructed in conjunction with a single-family
dwelling.
E. Separate Sale Prohibited. Accessory dwelling units may not be sold
separately from a primary dwelling.
F. Owner Occupancy Required. The primary dwelling unit or the accessory
dwelling unit must be the primary residence of the property owner of the
lot. If none of the units on the lot are occupied by the owner as the
owner's primary residence, the accessory dwelling unit will automatically
be deemed a nonhabitable space which may not be used as a dwelling
and may not be rented.
G. Covenant Required. Before the city issues a building permit for an
accessory dwelling unit, the property owner must record with the county
recorder a covenant running with the land stating that the accessory
dwelling unit cannot be used in violation of this chapter. The covenant
must be approved by the Director of Planning and Building Safety and
approved as to form by the City Attorney.
H. Release of Covenant. In the event a covenant was previously recorded
for a permitted accessory structure restricting the structure as non-
habitable pursuant to Section 15-4A-6(H) of this Code, 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 Planning and Building Safety and
the City Attorney.
I. Garage Conversions Prohibited. Garages and carports required under
this Title do not constitute "an existing accessory structure," as used in
this Article, and any conversion of such a garage or carport to an
accessory dwelling unit is expressly prohibited.
15-4E-3: DEVELOPMENT STANDARDS.
Accessory Dwelling Units must meet the development standards applicable
to accessory structures in the R-1 and R-2 zones and the following
standards:
A. Height: Same as structures in the R-1 and R-2 zones.
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B. Setbacks:
1. Attached to and/or within a primary dwelling: same as primary
dwellings in the R-1 and R-2 zones.
2. Detached from a primary dwelling: same as detached accessory
structures in the R-1 and R-2 zones.
3. Exception: No setback shall apply to a non-required portion of an
existing garage or carport that is converted to an accessory dwelling
unit.
C. Building area:
1. Attached to a primary dwelling and/or within the primary dwelling:
Maximum of 49 percent of the total floor area of the combined
dwellings, or 1,200 square feet, whichever is less.
2. Detached: Maximum of 1 ,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.
D. Density: One accessory dwelling unit per lot. In all cases, accessory
dwelling units are only permitted on lots with a single primary residence.
Properties developed with more than one unit are not permitted to also
have an accessory dwelling unit.
E. Architectural Design: Each unit, whether attached or detached, must be
architecturally compatible with the primary dwelling.
F. Parking: No parking spaces are required for accessory dwelling units
within one half mile of a transit stop.
G. Separate Entrance: If the accessory dwelling unit is attached to or within
the primary dwelling, it must have independent exterior access from the
primary dwelling. 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.
H. The accessory dwelling unit must comply with applicable building, health
and fire codes except where explicitly exempted by Government Code
Section 65852.2. Fire sprinklers for accessory dwelling units are
required only when they are required for the primary dwelling on the lot.
15-4E-4: APPLICATION PROCESS; FEES.
A. Pursuant to Government Code section 65852.2, any application for a
building permit to create an accessory dwelling unit that conforms to this
Article and is otherwise complete shall be ministerially approved within
120 days of application.
ORDINANCE No. 1550
Page 10 of 11
B. The applicant must pay any applicable fees, including but not limited to
development impact fees imposed pursuant to Chapter 27A of this title,
in an amount set by city council resolution.
SECTION 11: CONSTRUCTION. This ordinance must be broadly construed in order 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 12: ENFORCEABILITY. 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 13: 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 ordinance to remain in full force and
effect for all purposes.
SECTION 14: 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 15: 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 15
days after the passage and adoption of this ordinance, cause it to be published or posted
in accordance with California law.
SECTION 16: The City Clerk is further directed to submit a copy of this ordinance to the
Department of Housing and Community Development within 60 days after adoption.
SECTION 17: This Ordinance will become effective on the thirty-first day following its
passage and adoption.
ORDINANCE No. 1550
Page 11 of 11
PASSED, APPROVED, AND ADOPTED ORDINANCE No. 1550 this 5th day of July,
2017.
S zan Fuentes, Mayor
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
Mark Hensley, City Akt 6filey
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS
CITY OF EL SEGUNDO
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 1550 was duly introduced by said City Council at a regular meeting held
on the 20th day of June, 2017, 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 5th day of July, 2017, and the same was so passed
and adopted by the following vote:
AYES: Mayor Pro Tern Boyles, Council Member Brann, and Council Member
Dugan
NOES: Mayor Fuentes and Council Member Pirsztuk
ABSENT: None
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this .w�y:.. day of
July, 2017.
Al
Tracy Wpo y Clerk,
of he�ity' of El Se and ,,. CMµ.i.fo.
rnia