1 TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Brianna Rindge, Community & Economic Development Director MEETING DATE: March 21, 2023
SUBJECT: Second Reading and Adoption of Ordinance No. 845 for Zoning Text Amendment No. 2023-01 Amending Lomita Municipal Code Title XI (Planning and Zoning) to Ensure Consistency with State Law
RECOMMENDATION
Adopt ordinance.
BACKGROUND
On March 7, 2023, the City Council introduced on first reading an ordinance amending various sections of Lomita Municipal Code Title XI (Planning and Zoning) to ensure State Law consistency regarding supportive, transitional, and employee housing, low-barrier navigation centers, reasonable accommodation, covered parking, senior planned unit developments, emergency shelters, and substandard living conditions, as well as the striking of unused existing zoning districts, and finding the project categorically exempt from the California Environmental Quality Act. This agenda item is to approve the second reading and adoption of the ordinance.
OPTIONS:
1. Approve the attached ordinance.
2. Do not approve the ordinance.
3. Provide staff with further direction.
FISCAL IMPACT
None.
ATTACHMENTS
1. Ordinance No. 845
Item No. 7j
CITY OF LOMITA
CITY COUNCIL REPORT
2 Reviewed by: Approved by:
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Prepared by:
________________
Brianna Rindge
Community & Economic Development Director
ORDINANCE NO. 845
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMITA, CALIFORNIA, APPROVING ZONE TEXT AMENDMENT 2023-01
AMENDING VARIOUS SECTIONS OF LOMITA MUNICIPAL CODE
TITLE XI (PLANNING AND ZONING) TO ENSURE CONSISTENCY WITH
STATE LAW REGARDING SUPPORTIVE, TRANSITIONAL, AND
EMPLOYEE HOUSING, LOW-BARRIER NAVIGATION CENTERS,
REASONABLE ACCOMMODATION, COVERED PARKING, SENIOR
PLANNED UNIT DEVELOPMENTS, EMERGENCY SHELTERS, AND
SUBSTANDARD LIVING CONDITIONS, AS WELL AS THE STRIKING
OF UNUSED EXISTING ZONING DISTRICTS, AND FINDING THE
ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
Section 1. Recitals
A. The California Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element.
B. Government Code section 65585, subdivision (i) grants the California Department of Housing and Community Development authority to review any action or failure to act by a local government that it determines is inconsistent with housing element law or the adopted housing element.
C. In recent years, the State of California has preempted local regulation of certain residential uses.
D. The City desires to amend the Lomita Municipal Code (“LMC”) to keep it in compliance with State law.
E. The California Legislature frequently amends housing laws.
F. Incorporating the State laws regarding supportive housing, transitional housing, employee housing, and low-barrier navigation centers by reference will ensure that the LMC remains current whenever the Legislature amends the law.
G. The Federal Fair Housing Amendments Act of 1988 and California Fair Employment and Housing Act require local jurisdictions to establish a process by which persons with disabilities can request reasonable accommodations to the jurisdiction’s codes, rules, policies, practices or services, necessary to afford persons with disabilities an equal opportunity to use or enjoy a dwelling.
H. Under Government Code section 65583, each city must analyze in its housing element the special needs of disabled persons; and each housing element also must analyze governmental constraints to the development and maintenance of housing for Attachment No 1
disabled persons and include a program to provide reasonable accommodations from zoning and land use regulations to allow for the development of housing for disabled persons.
I. In addition to the foregoing statutes, other state and federal disability laws require a city to provide reasonable accommodations for disabled persons in the application of city programs, including but not limited to the city’s land-use, zoning, and building regulations, as well as other programs, policies, practices and procedures; by adopting this ordinance, the City desires to amend its municipal code to establish a process by which persons with disabilities can request such reasonable accommodations.
J. California Health and Safety Code Section 17920 of Part 1.5 (“Regulation of Buildings Used for Human Habitation”) sets forth minimal requirements for living conditions.
K. In 2019, the Legislature enacted, and the Governor signed into law, Assembly Bill 101 (“AB 101”), which added Article 12 to Chapter 3 of the California Government Code (commencing with section 65660); among other things, AB 101 requires cities to permit specified Low Barrier Navigation Centers (LBNCs) by right in areas zoned for mixed use and nonresidential zones where multifamily uses are allowed.
L. The Emergency and Transitional Housing Act of 2019, Assembly Bill 139, requires cities to apply a written objective standard that provides sufficient parking to accommodate the staff working in emergency shelters.
M. There exist no parcels of land within the city of Lomita within the previously existing commercial zoning districts of C-S-P (Commercial, Service and Professional) or C-N (Commercial, Neighborhood).
N. On February 13, 2023, the Planning Commission held a duly noticed public hearing on Zone Text Amendment No. 2023-01 (initiated by the City of Lomita), where public testimony was accepted on the item and after deliberations the Planning Commission recommended that the City Council approve the requested Zoning Text Amendment.
O. On March 7, 2023, the City Council considered Zoning Text Amendment No. 2023- 01 to amend Lomita’s Municipal Code Title XI (“Planning and Zoning”) to modify regulations regarding supportive, transitional, and employee housing, low-barrier navigation centers, senior planned unit developments, substandard living conditions, reasonable accommodation, covered parking, and emergency shelters, and held a duly noticed public hearing and accepted testimony in regard to the same.
Section 2. General Plan
This Ordinance’s amendments to Title XI of the Lomita Municipal Code are consistent with, and in furtherance of, the City’s adopted General Plan as they effectuate the following Sixth Cycle Housing Element’s Implementation Programs:
A. Program 2 which provides that the City will improve upon the existing code enforcement program;
B. Program 8 which provides that the City will amend the Municipal Code to permit the development of Low-Barrier Navigation Centers as a use by-right, without requiring a discretionary action, in mixed-use and non-residential zones that permit residential uses;
C. Program 9 which provides that the City will amend the Municipal Code to allow supportive housing by-right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses; D. Program 13 which provides that the City will amend the Municipal Code to reduce development standards for senior planned unit developments through the adoption of a reduction in parking requirements, to permit transitional housing in the same manner as other residential uses in the same zone, to permit employee and farmworker housing in accordance with the Health and Safety Code Sections 17021.5 and 17021.6 and the Employee Housing Act, and to remove the major reasonable accommodation process through analysis of the Planning Commission hearing requirement as a constraint;
E. Program 27 which provides that the City will amend the Municipal Code to reduce minimum covered parking requirements for residential uses and emergency shelters; and
F. Program 29 which provides that the City amend the Municipal Code to streamline, update, and simplify regulations.
Section 3. Environmental Review
The Recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.
The City Council finds that adoption of this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Alternatively, the adoption of this Ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3).) THE CITY COUNCIL OF THE CITY OF LOMITA HEREBY ORDAINS AS FOLLOWS:
Section 4. Zoning Amendments
Based on the foregoing, the City Council hereby approves of the following amendments to the Lomita Municipal Code:
A. The definition for “supportive housing” provided in Article 15 (“Definitions”) of Title XI of the Lomita Municipal Code is hereby repealed in its entirety.
B. The definition for “transitional housing” provided in Article 15 (“Definitions”) of Title XI of the Lomita Municipal Code is hereby repealed in its entirety.
C. Section 11-1.30.01 (“Uses”) of Article 30 (“Residential Zones”) of Title XI of the Lomita Municipal Code is hereby amended to read as follows:
“Section 11-1.30.01. - Uses.
Use Zone Supplemental Requirements
A-1 R-1 RVD
Accessory dwelling unit
(9)
P P P Section 11-1.30.06
Accessory structures P P P Section 11-1.30.05
Accessory structures
that do not meet Code
requirements
S S S
Childcare facilities not in
a residence
C
Civic and public
buildings
C C P
Condominium
conversions
C C C Section 11-2.370
Employee housing for
six (6) or fewer
employees
As defined and permitted in the California Health and Safety Code Sections 17021.5 and 17021.6 and the Employee
Housing Act
Farm pets P Section 11-1.30.08
Use Zone Supplemental Requirements
A-1 R-1 RVD
Home occupations P P P Section 11-1.30.11
Hospitals C
Junior Accessory
Dwelling Unit (9)
P P Section 11-1.30.06
Large family day care up
to 14 persons
P P P Section 11-1.30.10 as defined in
California Code of Regulations
Section 102416.5
Manufactured homes P P P Section 11-1.30.09
Multifamily housing (1) P Section 11-1.70.07
Nursery stock C
Organizational house
(convent, etc.)
C
Parking lots adjoining or
located directly across
the street from a
commercial use
C C C
Parking pads in front
yard
S S S See "Off-street parking, storage and
loading"
Planned Residential
Development (10)
P P P Section 11-1.70.07 Section 11-
1.30.17 Private tennis clubs C
Public parks P P P
Public utilities C C C
Religious facilities and
assembly halls
C C C See "Special development standards"
Use Zone Supplemental Requirements
A-1 R-1 RVD
Rooming house P
Schools (2) C C C Unless otherwise exempted by the
school district, schools with a total
capacity of more than fifty (50)
students (as determined by the
department of building and safety)
shall be subject to the development
standards in Section 11-1.68.04
Senior Housing P Section 11-1.30.14
Similar uses not listed DOS DOS DOS
Single-family residence P P P
Small family day care P P P Section 11-1.30.10 as defined in California Code of Regulations
Section 102416.5
State-licensed
community care facilities
with six (6) or fewer
persons
P P P As defined in the California Health
and Safety Code Section 1502, and
1596.750 et seq.
State-licensed
community care facilities
with seven (7) or more
residents in addition to
the caregiver
P P P As defined in the California Health
and Safety Code Sections 1502 and
1596.750 and regulated by Lomita
Municipal Code Section 11-1.30.10
Supportive housing P P P As defined in in the California Health and Safety Code Section
50675.14(b)(2)
Transitional housing P P P As defined in in the California Health and Safety Code Section 50801
Two-unit residential
development (8)
P P Section 11-1.30.16
Use Zone Supplemental Requirements
A-1 R-1 RVD
Urban Lot Split (8) P P Section 11-1.30.15
Wireless communication
facilities
WCF
P
WCF
P
WCF
P
See "Wireless communications
facilities"
P - Permitted Use
S - Site Plan Required
C - Conditional Use
Permit Required
WCFP - Wireless
Communication Facility
Permit
DOS - Determination of
Similarity
Notes:
(1) Additions and new buildings requiring additional parking must receive "site plan" approval pursuant to this title. (2) Nonprofit organizations which existed prior to 1979 may apply for a conditional use permit provided that the school is located on the same site as the organization.”
D. Section 11-1.68.11, entitled “Low-Barrier Navigation Centers”, is hereby added to Title XI of the Lomita Municipal Code and shall read in its entirety as follows:
“Section 11-1.68.11. - Low-Barrier Navigation Centers.
In all zones where Low Barrier Navigation Centers (hereafter referred to as “LBNCs,” and each singularly an “LBNC”) are permitted, the following development standards are required for new facilities and for existing facilities proposed for expansion:
(1) Separation. No LBNC may be established or operated at any location that is less than 1,000 feet from another LBNC.
(2) Operational Services. As required by Government Code section 65662, each LBNC must satisfy all of the following:
a. It offers services to connect people to permanent housing through a services plan that identifies services staffing.
b. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to section 576.400(d) or section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
c. It complies with Chapter 6.5 (commencing with section 8255) of Division 8 of the Welfare and Institutions Code.
d. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by section 578.3 of Title 24 of the Code of Federal Regulations.
(3) On-Site Personnel. Each LBNC must provide both of the following:
a. At least one qualified on-site manager at all times for each twenty (20) occupants; and
b. At least one qualified attendant at all times for each twenty (20) occupants.
(4) Floor Area; Beds. The maximum number of beds per LBNC may not exceed one bed for every fifty (50) square feet of floor area used for sleeping purposes. (5) Objective Development Standards. Low Barrier Navigation Centers must comply with all objective site, design, and construction standards included in Title 15 (Buildings and Construction), Title 16 (Subdivisions), and Title 17 (Zoning) of this Code as well as any objective design guidelines included in applicable specific plans or otherwise adopted by the City Council. (6) Application. LBNC applications will be reviewed and processed ministerially—without discretionary review or a hearing—in accordance with the timelines set forth in Government Code section 65664, as it may be amended from time to time.
(7) Sunset.
a. Subject to subsection (7)(2) below, this section shall remain in effect until January 1, 2027, and as of that date is repealed.
b. If the Legislature amends Government Code section 65668 to extend the effective date of Government Code section 65660 et seq., then this section shall remain in effect until the date on which Government Code section 65660 et seq. is repealed.”
E. Section 11-1.58.03 (“Uses subject to planning commission review and approval”) of Article 58 (“Mixed-Use Overlay District”) of Title XI of the Lomita Municipal Code is hereby amended in its entirety as follows:
“Section 11-1.58.03. - Uses subject to planning commission review and approval.
Premises in mixed-use overlay zone may be used for the following purposes subject to review and approval by the planning commission, pursuant to the provisions of Article 70, "Zoning Ordinance Administration."
(A) Any uses where new buildings, structures or additions are proposed; the location of said buildings, structures and additions shall be to the satisfaction of the commission. Minor additions that do not require additional parking and low-barrier navigation centers are exempt from this requirement. Low-barrier navigation centers as defined by California Government Code 65660 shall be permitted by-right within the Mixed-Use Overlay District as regulated by Lomita Municipal Code Section 11-1.68.11 (“Low-Barrier Navigation Centers”).” F. The definition for “reasonable accommodation, major” provided in Article 15 (“Definitions”) of Title XI of the Lomita Municipal Code is hereby repealed in its entirety.
G. The definition for “reasonable accommodation, minor” provided in Article 15 (“Definitions”) of Title XI of the Lomita Municipal Code is hereby repealed in its entirety.
H. Section 11-1.30.13 (“Reasonable accommodation”) of Article 30 (“Residential Zones”) of Title XI of the Lomita Municipal Code is hereby amended to read as follows:
“Section 11-1.30.13. - Reasonable accommodation.
(A) Purpose and definition. The purpose of this section is to establish the process for disabled persons to request reasonable accommodation in the application of the city's zoning laws where necessary to afford the disabled person an equal opportunity to use and enjoy a dwelling within the city. “Reasonable accommodation” means providing persons with disabilities flexibility in the application of city programs, including city land-use, zoning and building regulations, policies, practices and procedures, or waiving certain requirements when it is necessary to provide meaningful access to city programs or to eliminate barriers to housing opportunities for persons with disabilities. (B) Process for requesting reasonable accommodation.
(1) A completed application form and the required fee provided by the community development department.
a. A description of how the property will be used by the disabled individual(s);
b. The basis for the claim that the fair housing laws apply to the individual(s) and evidence satisfactory to the city supporting the claim, which may include a letter from a medical doctor or other licensed health care professional, a handicapped license, or any other appropriate evidence; c. A detailed explanation of why the accommodation is reasonable and necessary to afford the applicant an equal opportunity to use and enjoy a dwelling in the city;
d. Verification by the applicant that the property is the primary residence of the person for whom reasonable accommodation is requested. (C) Decision on application.
(1) The director of community development shall consider an application for a reasonable accommodation. The director shall issue a written determination within thirty (30) days of the date of receipt of a completed application and may (1) grant the accommodation request with or without nondiscriminatory conditions of approval, (2) deny the request, or (3) refer the matter to a hearing officer.
(2) The hearing officer shall consider an application for any reasonable accommodation request referred to it by the director. The hearing officer shall (1) grant the accommodation request with or without nondiscriminatory conditions of approval, or (2) deny the request. Notice of the hearing officer meeting shall be made in writing, ten (10) days prior to the meeting and mailed to the applicant and property owners who are located immediately adjacent to the subject property.
(3) If necessary to reach a determination on any request for reasonable accommodation, the director of community development may request further information from the applicant consistent with this chapter, specifying in detail what information is required. In the event a request for further information is made, the thirty-day period to issue a written determination shall be stayed until the applicant reasonably responds to the request.
a. The director of community development or hearing officer shall approve the request for a reasonable accommodation subject to the following findings:
1. The housing, which is the subject of the request for reasonable accommodation, will be occupied as the primary residence by an individual protected under the fair housing laws.
2. The request for reasonable accommodation is necessary to make specific housing available to one or more individuals protected under the fair housing laws.
3. The requested reasonable accommodation will not impose an undue financial or administrative burden on the city.
4. The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or procedures of the city.
5. The reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this chapter.
6. That the reasonable accommodation shall only be applicable to the particular individual(s) or property.
(D) Appeals.
(1) The director of community development's decision on a minor reasonable accommodation may be appealed to a hearing officer within ten (10) days of the date the city issues the written determination.
a. The appellant shall pay an appeal fee as established by resolution of the city council.
b. The hearing officer shall conduct a hearing as described within this title prior to taking action on the appeal.
c. The appeal shall be filed with a written statement of the basis for the appeal and shall state all facts and arguments known to support the claim. (E) Waiver of time periods. Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this section or may request a continuance regarding any decision or consideration by the city of the pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the city, shall not constitute failure by the city to provide for prompt decisions on applications and shall not be a violation of any required time period set forth in this section.
(F) Modifications Requested by the Applicant. The applicant may request modifications to the approved request for reasonable accommodation. The application for modification shall be submitted, processed, and reviewed in the same manner as a new application.
(G) Modifications or Revocations Initiated by the City. (1) The director of community development may make changes or revoke the approval of applications when conditions of approval are violated, it is necessary to resolve a nuisance, or when the application contained incorrect, false, or misleading information.
(2) The director of community development will notify the applicant of the change or revocation of the approval by mail no later than the next business
day after the decision. The applicant may appeal the director of community development’s decision to as set forth in this section.” I. Subsection (A) (“Residential parking requirements”) of Section 11-1.66.03 (“Parking requirements”) of Article 66 (“Off-Street Parking, Storage and Loading”) of Title XI of the Lomita Municipal Code is hereby amended to read as follows:
“(A) Residential parking requirements:
One-family Two (2) parking spaces plus one uncovered parking space for four (4) bedrooms and/or dens, and one
additional uncovered parking space for five (5) or more bedrooms and/or dens. Enclosed or covered space(s)
demolished or converted by creation of an accessory
dwelling unit shall not require replacement. Tandem
parking is permitted by right.
Duplex, planned
residential
development,
apartment house,
condominiums
Two (2) parking [spaces] for each unit of up to four (4) bedrooms and/or dens; three (3) spaces for five (5) or
more bedrooms and/or dens, except as noted below. In
addition, one guest parking space shall be required for each two (2) units. Said spaces shall not be located in the required front setback areas. Tandem parking for
each unit is permitted by right.
For the purpose of this section only, a bedroom or a den is defined as any room containing sixty (60) square feet or more that is not a living room, dining room, family room, kitchen or laundry area. Should any unit and/or units be enlarged in size by fifty (50) percent or more of its current size in any five-year period, the above requirements shall apply.
Large family day care
homes with no
overnight care
One (1) parking space must be provided for a nonresident employee addition to the parking required for the residence, plus a safe drop off and pick up area for a minimum of one (1) car.
Large family and adult
care homes for not
more than seven (7) or
more children/adults
providing twenty-four
(24) hours-per-day
care
One unenclosed parking space in addition to the
required for the residence, plus one space for each
vehicle used directly in conducting of such use but not to exceed two (2) such vehicles. Tandem parking for the vehicles used in conducting the use is allowed.
Emergency shelters Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do
not require more parking for emergency shelters than
other residential or commercial uses within the same
zone.”
J. Subsection (B)(3) (“Parking”) of Section 11-1.30.14 (“Senior citizen housing and multiple-family housing development standards”) of Article 30 (“Residential Zones”) of Title XI of the Lomita Municipal Code is hereby amended to read as follows:
“(3) [Parking.] In addition to the requirements for "off-street parking, storage and loading" in this title, the following parking requirements shall apply. a. Two (2) parking spaces per unit.
b. Tandem parking shall be permitted subject to site plan approval by the planning commission.
c. Garages shall not occupy more than fifty (50) percent of the linear building frontage facing the right-of-way and shall be set back a minimum of five (5) feet from the front facade of the residential building.
d. One guest parking space per two (2) units. Residential units having a minimum of twenty-five (25) feet of frontage on a public street shall not be counted towards the number of units used to calculate the required number of guest parking spaces.”
K. Section 11-1.30.19, entitled “Substandard Living Conditions”, is hereby added to Article 30 (“Residential Zones”) of Title XI of the Lomita Municipal Code and shall read in its entirety as follows:
“Section 11-1.30.19. - Substandard Living Conditions.
(A) Abatement-relocation assistance.
(1) In the event any structure which is rented or occupied for habitable dwelling purposes is determined to be a public nuisance and abated by the City due to unsafe or hazardous living conditions under any provisions of the Lomita Municipal Code, or due to illegal use or occupancy of the structure for habitable dwelling purposes, any tenant evicted as a result of such abatement, or notice of such abatement, who is not then in arrears or default of rent, and who has not caused or substantially contributed to the condition giving rise to the abatement, shall be entitled to receive from the property owner relocation assistance upon vacating the structure. For purposes of this section, relocation assistance shall consist of two months' rent and refund of any security deposit
pursuant to Civil Code Section 1950.5, or other arrangements agreeable to the tenant as evidenced by a written agreement between the tenant and the property owner.
(2) If the property owner is required to evict the tenants with less than thirty days' notice due to the condition of the structure, the owner shall provide the tenant with alternate, safe, and legal housing for thirty days after notice of eviction. This requirement for alternate housing shall be in addition to relocation assistance as defined herein.
(B) Tenant compliance. The tenants' entitlement to relocation assistance provided by this chapter is conditioned upon the tenants' compliance with the eviction notice. (C) Exception. The property owner is not required to pay relocation assistance to tenants evicted from residential units that become unsafe or hazardous resulting from earthquake, flood, or other natural disaster except where such condition remains unrepaired for more than three years after the disaster, or from recent events that are beyond the control of the property owner, including, but not limited to, damages caused by tenants.
(D) Relocation costs.
(1) In the event the property owner fails, neglects or refuses to pay to the tenant upon vacating such structure the relocation assistance as defined in Section
6.02.010, the City may cause the payment of such relocation assistance, including any security deposit and alternate housing costs, and charge the costs thereof against the property or its owner.
(2) The cost of such relocation assistance shall be paid from a reimbursable fund, may be made a special assessment against the property involved, and may be made a personal obligation of the property owner. (E) Reimbursable fund.
(1) The City Council shall establish a special reimbursable fund to be designated for abatement relocation assistance for evicted tenants. Payments shall be made out of said fund upon the demand of the Director of Community and Economic Development or the Building Official to defray the costs and expenses which may be incurred by the City in causing the payment or relocation assistance to evicted tenants of abated structures. (2) Maintenance of Reimbursable Fund. The City Council may at any time transfer to the reimbursable fund, out of any money in the general fund of the City, such sums as it may deem necessary in order to expedite the performance of the abatement, and any sum so transferred shall be deemed a loan to the reimbursable fund and shall be repaid out of the proceeds of the collection
thereof. All funds recovered from the property owner shall be paid to the City, who shall credit the same to the reimbursable fund.”
L. Section 11-1.20.01 (“List of zones”) of Article 20 (“Designation of Zones”) of Title XI of the Lomita Municipal Code is hereby amended to remove the following:
“C-S-P Commercial, Service and Professional
C-N Commercial, Neighborhood”.
M. Article 41, entitled “Zone C-S-P (Commercial, Service and Professional)”, of Title XI of the Lomita Municipal Code is hereby repealed in its entirety.
N. Article 42, entitled “Zone C-N (Commercial, Neighborhood)”, of Title XI of the Lomita Municipal Code is hereby repealed in its entirety.
O. Section 11-1.40.01 “Designation of commercial zones” of Article 40 (“Commercial Zones”) of Title XI of the Lomita Municipal Code is hereby amended to remove “C-SP Commercial, Service and Professional” and to remove “C-N Commercial, Neighborhood”.
P. Section 11-1.45.02 (“Principal uses permitted”) of Article 45 (“Zone C-G (Commercial, General)”) of Title XI of the Lomita Municipal Code is hereby amended to repeal “(2) Uses permitted in the C-S-P and C-N zones” and add the following:
“(33) Barber and beauty shops.
(34) Civic center uses, banks, savings and loan and credit unions. (35) Cleaning and dyeing agencies, including incidental spotting, sponging, pressing and repairs.
(36) Dental clinics, including laboratories in conjunction therewith. (37) Dry cleaning, self-service.
(38) Laundries, self-service.
(39) Markets and grocery stores not selling alcoholic beverages. (40) Shoe repair shops.
(41) Medical clinics, including laboratories and prescription pharmacies in conjunction therewith, not including medical marijuana dispensaries, cannabis cultivation, or any other commercial cannabis activity. (42) Offices, business and professional.
(43) Parks, public.”
Q. Section 11-1.45.05 (“Uses by conditional use permit”) of Article 45 (“Zone C-G (Commercial, General)”) of Title XI of the Lomita Municipal Code is hereby amended to repeal “(1) Any use requiring a conditional use permit in Zone C-S-P or C-N unless otherwise specified in this Article” and add the following:
“(24) Assembly Halls, subject to the provisions of Section 11-1.68.04. (25) Buildings exceeding thirty-five (35) feet in height. (26) Fueling service stations.
(27) Hospitals.
(28) Schools, and unless otherwise exempted by the school district, schools with a total school capacity of more than fifty (50) students (as determined by the Department of Building and Safety) shall be subject to the development standards in Section 11-1.68.04.”
R. Subsection (A)(37) of Section 11-1.51.02 (“Principal uses permitted”) of Article 51 (Zone M-C (Light Manufacturing and Commercial)) of Title XI of the Lomita Municipal Code is hereby amended to read as follows: “Uses without a conditional use permit in the C-G Zones, but excluding residential uses, schools, places of public worship such as churches, and other uses similar to these specifically excluded.” S. Subsection (3) of Section 11-1.67.04 (“Sign regulations for specific zones”), entitled “C-S-P, Commercial, service and professional, and C-N, Commercial-Neighborhood Zones”), of Article 67 (“Signs”) of Title XI of the Lomita Municipal Code is hereby repealed in its entirety.
T. Subsection (4) (“C-G, Commercial General”) of Section 11-1.67.04 (“Sign regulations for specific zones”) of Article 67 (“Signs”) of Title XI of the Lomita Municipal Code is hereby amended in its entirety to read as follows:
“(4) C-G, Commercial General and C-R, Commercial, Retail:
(a) Wall signs:
(i) Front wall signs flush against the face of the building and not projecting more than one (1) foot therefrom shall be permitted a total sign area not to exceed fifteen (15) percent of the area of the front wall of the building. (ii) Rear wall signs flush against the rear wall of the building and not projecting more than one (1) foot therefrom shall only be permitted if the rear wall of the
building faces a street, parking area, or pedestrian mall and shall not exceed ten (10) percent of said rear wall in total sign area.
(iii) Side wall signs flush against the side wall of the building and not projecting more than one (1) foot therefrom shall be permitted a total sign area not to exceed seven and one-half (7½) percent of said side wall. (iv) Buildings located on corner lots, or parcels with two (2) frontages, shall be permitted a total sign area not to exceed fifteen (15) percent of the area of the building wall facing each frontage.
(b) Hanging signs, suspended signs and other canopy signs:
(i) Signs supported or suspended from the underside of an awning, canopy, or parapet of a building shall be a minimum of eight (8) feet vertical distance from the sidewalk grade and at approximately a ninety-degree angle to the face of the building.
(ii) Said sign shall be centered between the face of the building and the outer edge of the awning, canopy, or parapet.
(iii) Maximum area of sign shall be determined by the following:
a. The length of said sign shall not exceed two-thirds (⅔) of the length of the projecting of the awning, canopy, or parapet.
b. Said sign shall not exceed two (2) feet in height.
(c) Freestanding or pole signs:
(i) A planned shopping center or service center having three (3) or more stores and sharing a common parking area shall be permitted one (1) freestanding or pole sign with a maximum sign area per face of one (1) square foot for each lineal foot or lot or parcel frontage.
(ii) The maximum sign area permitted under any condition shall not be more than two hundred (200) square feet per face for any freestanding or pole sign.
Not more than two (2) sign faces shall be parallel, with a maximum distance of eighteen (18) inches between the faces. However, no permitted freestanding or pole sign shall be required to be less than thirty-five (35) square feet in area per face. Freestanding or pole signs are not to exceed thirty (30) feet in height above grade level, nor to be less than ten (10) feet above grade, and shall not project more than three (3) feet over public rights-of-way. (iii) One (1) freestanding or pole sign shall be permitted for a fueling service station, with the maximum sign area per face not to exceed one-half square
foot of sign area for each foot of lot or parcel frontage. Lots or parcels on a corner, or with double frontages, may count only the largest frontage for determination of sign area. The use of light-emitting diodes (LEDs) for signage displaying the current price of gasoline shall be permitted subject to the requirements in Section 11-1.67.05(b).
(iv) One (1) freestanding or pole sign may be permitted subject to review and approval by the planning commission for each of the following uses when not a part of an above-described planned shopping center, service center, or automotive service station, with the maximum sign area permitted per face not to exceed one (1) square foot for each lineal foot of lot or parcel frontage:
a. New and used automobile, boat, camper, trailer and motorcycle sales. b. Hotels and motor hotels.
c. Restaurants, drive-in restaurants, drive-in dairies and car washes with fifty (50) feet or more of street frontage.
(v) Business door nameplate, not to exceed two (2) square feet in area, and to contain the name and address of the business only and shall be affixed to the door of each individual business or immediately adjacent thereto. (vi) Parking entrance and exit signs, not to exceed five (5) square feet in area. (vii) One (1) unlighted no-peddling sign, not to exceed seventy-two (72) square inches in area.
(d) Projecting signs shall be ninety (90) degrees to the front face of the building and not project more than three (3) feet over the public right-of-way, nor five (5) feet above the roof line or parapet wall of the building. Sign area per face of a projecting sign shall not exceed one (1) square foot for each lineal foot of building frontage.
(e) Signs which may be permitted subject to the review and approval by the planning commission:
(i) Roof signs. Roof signs shall have a maximum sign area per face of one (1) square foot for each lineal foot of lot or parcel frontage. Lots or parcels located on a corner or with double frontage may count only the largest frontage for determining sign area.
a. The maximum sign area permitted under any condition shall not be more than one hundred (100) square feet per face for any roof sign, may not exceed ten (10) feet in height above the roof line nor thirty-five (35) feet in
height above the ground; nor project more than twelve (12) inches out from the building or structure.
b. Roof sign supports shall be architecturally attractive or screened from view.
(ii) Freestanding or pole signs shall not otherwise be permitted in this chapter.” Section 5.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part hereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part thereof. The City Council of the City of Lomita hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid.
Section 6. Effective Date
This ordinance shall take effect thirty (30) days after the date of its passage; and prior to fifteen (15) days after its passage, the City Clerk shall cause a copy of this ordinance to be published in accordance with the provisions of the law. The City Clerk shall certify the adoption of this ordinance.
PASSED, APPROVED, AND ADOPTED this 21st day of March 2023. ____________________________
Barry Waite, Mayor
ATTEST:
____________________________
Kathleen Horn Gregory, City Clerk
APPROVED AS TO FORM:
____________________________
Trevor Rusin, City Attorney