4. The Governmental Entity agrees to the terms of the Teva Settlement pertaining to Subdivisions as defined therein.
5. By agreeing to the terms of the Teva Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.
6. The Governmental Entity agrees to use any monies it receives through the Teva Settlement solely for the purposes provided therein.
7. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Teva Settlement. 1 DocuSign Envelope ID: 4AF94C58-5F24-4760-8B4D-B7E5D386BE35 April 4, 2023, Reg CC Mtg., Page # 254
8. The Governmental Entity has the right to enforce the Teva Settlement as provided therein.
9. The Governmental Entity, as a Participating Subdivision or Participating Special District, hereby becomes a Releasor for all purposes in the Teva Settlement, including but not limited to all provisions of Section V (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Teva Settlement are intended by Released Entitles and the Governmental Entity to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Teva Settlement shall be a complete bar to any Released Claim.
10. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision or Participating Special District as set forth in the Teva Settlement.
11. In connection with the releases provided for in the Teva Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the Teva Settlement.
12. Nothing herein is intended to modify in any way the terms of the Teva Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Teva Settlement in any respect, the Teva Settlement controls. 2 DocuSign Envelope ID: 4AF94C58-5F24-4760-8B4D-B7E5D386BE35 April 4, 2023, Reg CC Mtg., Page # 255
I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity.
Signature: /signer_1_teva_allergan/
Name: /name_1_teva_allergan/
Title: /title_1_teva_allergan/
Date: /date_1_teva_allergan/
3 DocuSign Envelope ID: 4AF94C58-5F24-4760-8B4D-B7E5D386BE35 April 4, 2023, Reg CC Mtg., Page # 256
EXHIBIT K
Subdivision Participation and Release Form
Will your subdivision or special district be signing the settlement participation form for the Walgreens Settlement at this time?
[ ] Yes_wg [ ] No_wg
Governmental Entity: Lomita city State: CA
Authorized Signatory: /officialname_walgreens/
Address 1: /address1_ walgreens/
Address 2: /address2_ walgreens/
City, State, Zip: /cit_wg/ /state_wg/ /zi_wg/
Phone: /phone_walgreens/
Email: /email_walgreens/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated December 9, 2022 (“Walgreens Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Walgreens Settlement, release all Released Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Walgreens Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the Walgreens Settlement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https://nationalopioidsettlement.com.
3. The Governmental Entity agrees to the terms of the Walgreens Settlement pertaining to Participating Subdivisions as defined therein.
4. By agreeing to the terms of the Walgreens Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Walgreens Settlement solely for the purposes provided therein.
1 DocuSign Envelope ID: 4AF94C58-5F24-4760-8B4D-B7E5D386BE35 April 4, 2023, Reg CC Mtg., Page # 257
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Walgreens Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Walgreens Settlement.
7. The Governmental Entity has the right to enforce the Walgreens Settlement as provided therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Walgreens Settlement, including without limitation all provisions of Section XI (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Walgreens Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Walgreens Settlement shall be a complete bar to any Released Claim.
9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Walgreens Settlement.
10. In connection with the releases provided for in the Walgreens Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the Walgreens Settlement. 2 DocuSign Envelope ID: 4AF94C58-5F24-4760-8B4D-B7E5D386BE35 April 4, 2023, Reg CC Mtg., Page # 258
11. Nothing herein is intended to modify in any way the terms of the Walgreens Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the Walgreens Settlement in any respect, the Walgreens Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity.
Signature: /signer_1_walgreens/
Name: /name_1_walgreens/
Title: /title_1_walgreens/
Date: /date_1_walgreens/
3 DocuSign Envelope ID: 4AF94C58-5F24-4760-8B4D-B7E5D386BE35 April 4, 2023, Reg CC Mtg., Page # 259
EXHIBIT K
Subdivision Participation Form
Will your subdivision or special district be signing the settlement participation form for the Walmart Settlement at this time?
[ ] Yes_wm [ ] No_wm
Governmental Entity: Lomita city State: CA
Authorized Official: /officialname_walmart/
Address 1: /address1_walmart/
Address 2: /address2_walmart/
City, State, Zip: /cit_wm/ /state_wm/ /zi_wm/
Phone: /phone_walmart/
Email: /email_walmart/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated November 14, 2022 (“Walmart Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Walmart Settlement, release all Released Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Walmart Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Walmart Settlement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly, and in any event within 14 days of the Effective Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal With Prejudice substantially in the form found at https://nationalopioidsettlement.com/.
3. The Governmental Entity agrees to the terms of the Walmart Settlement pertaining to Subdivisions as defined therein.
4. By agreeing to the terms of the Walmart Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Walmart Settlement solely for the purposes provided therein.
1 DocuSign Envelope ID: 4AF94C58-5F24-4760-8B4D-B7E5D386BE35 April 4, 2023, Reg CC Mtg., Page # 260
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Walmart Settlement.
7. The Governmental Entity has the right to enforce the Walmart Settlement as provided therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Walmart Settlement, including but not limited to all provisions of Section X (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Walmart Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Walmart Settlement shall be a complete bar to any Released Claim.
9. In connection with the releases provided for in the Walmart Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the Walmart Settlement.
10. Nothing herein is intended to modify in any way the terms of the Walmart Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Walmart Settlement in any respect, the Walmart Settlement controls.
2 DocuSign Envelope ID: 4AF94C58-5F24-4760-8B4D-B7E5D386BE35 April 4, 2023, Reg CC Mtg., Page # 261
I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity.
Signature: /signer_1_walmart/
Name: /name_1_walmart/
Title: /title_1_walmart/
Date: /date_1_walmart/
3 DocuSign Envelope ID: 4AF94C58-5F24-4760-8B4D-B7E5D386BE35 April 4, 2023, Reg CC Mtg., Page # 262
1 TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Brianna Rindge, Community & Economic Development Director MEETING DATE: April 4, 2023
SUBJECT: 2022 Annual Progress Report for the General Plan
RECOMMENDATION
Receive and file the City’s 2022 Annual Progress Report on the General Plan. Review and submittal of the report is not a project requiring review under the California Environmental Quality Act (CEQA).
BACKGROUND
Government Code Section 65400 mandates that by April 1st of each year the local planning agency shall submit a report to the State Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD) that provides the progress of the implementation of the General Plan and a separate detailed report on housing entitlement and production. These reports were completed by staff and submitted to OPR and HCD on time. The General Plan report is attached to this staff report while the Housing-specific report was on the March 21, 2023, City Council agenda.
Unlike the Housing Element Annual Progress Report (APR), there is not a specific form or format to submit the General Plan APR and guidelines are intentionally flexible to account for individual circumstances. The purpose of the report is to demonstrate how a city’s activities correspond to the General Plan’s adopted goals, policies, and implementation measures. The City’s report features those activities that played a significant role in a city’s implementation of the existing General Plan for the calendar year.
CEQA
Review and submittal of the attached report is not a project requiring review under the California Environmental Quality Act (CEQA).
Item No. 7i
CITY OF LOMITA
CITY COUNCIL REPORT
April 4, 2023, Reg CC Mtg., Page # 263
2 OPTIONS
Information only. Receive and file.
ATTACHMENTS
1. 2022 Annual Progress Report of Lomita’s General Plan Reviewed by: Approved by:
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Prepared by:
________________
Brianna Rindge
Community & Economic Development Director
April 4, 2023, Reg CC Mtg., Page # 264
City of Lomita
Community and Economic
Development Department
2022
General Plan
Annual Progress Report
Attachment 1
April 4, 2023, Reg CC Mtg., Page # 265
1 Annual Progress Report on the Lomita General Plan and Housing Element Compliance
Reporting Period: Year 2022
(January 1, 2022– December 31, 2022)
The purpose for the Annual Progress Report is to assess how the General Plan is being implemented in accordance with adopted goals, policies and implementation measures; identify any necessary adjustments or modifications to the General Plan as a means to improve local implementation; provide a clear correlation between land use decisions that have been made during the 12-month reporting period and the goals, policies and implementation measures contained in the General Plan; and, to provide information regarding local agency progress in meeting its share of regional housing needs. If there are questions about this report, please contact Community and Economic Development Director, Brianna Rindge, AICP at (310) 325-7110 or [email protected].
The current Lomita General Plan was adopted by the Lomita City Council on May 4, 1998. The Lomita General Plan contains the seven state-required elements which are land use, circulation, housing, conservation, open space, safety and noise. The State allows the combining of elements or the addition of new elements as long as the required seven elements are present in some fashion. Lomita’s General Plan contains the following elements:
Lomita General Plan Element Update Status
Safety Updated & adopted December 2021
Housing Updated & certified October 14, 2022
Land Use Update triggered by Housing Element
update (rezone required by October
2024)
Circulation Update required by January 2025 per SB
932
Resource Management
(Open Space & Conservation)
Update required by January 2026 per SB
1425
Noise Update triggered by Land Use update
Economic Development Updated 1998; to be incorporated into other elements
Implementation Updated 1998; to be incorporated into
other elements
AMENDMENTS AND IMPLEMENTATION OF THE GENERAL PLAN
Local governments are required to keep their General Plans current and internally consistent. The following represents amendments and the progress that the City has made towards implementing the goals and guiding policies of the General Plan from January 1, 2022 to December 31, 2022.
April 4, 2023, Reg CC Mtg., Page # 266
2 Land Use Element
Consistent with the Housing Element Policies and Actions, the City adopted General Plan Amendment No. 2022-01 modifying the Low-Density Residential Designation from 5.80-8.71 units per acre to 5.80-10.89 units per acre, and the Medium Density Residential Designation from 8.72-19.80 units per acre to 10.90-19.80 units per acre (Land Use Policy 9 to increase opportunities for home ownership.).
Circulation Element
The Circulation Element was last updated in 1998 and will be updated by January 1, 2025. It contains nine policies and, in 2022, the City implemented the following:
• Continued sidewalk improvement projects to ensure the “safety and use of pedestrian movement” in accordance with Policy 6.
• City Council adopted ordinances retaining the existing speed limits for Lomita Boulevard, Eshelman Avenue, and Palos Verdes Drive North. The Engineering and Traffic Surveys evaluated vehicle speed and collision rates in accordance with Policy 1.
Housing Element
In 2022, the State certified the City of Lomita’s Housing Element. The City adopted two housing-related zone text amendments. ZTA 2022-01 was an omnibus amendment that updated ADUs/JADUs standards, added state law provisions for SB 9 developments, and created and added a Planned Residential Development option in single-family zones. ZTA 2022-02 focused on additional residential sign standards in the 24000 Crenshaw Blvd. Specific Plan Zone.
The Annual Housing Progress Report (attached) provides detailed analysis of the progress made towards achieving housing goals and meeting the Regional Housing Needs Allocation. For the Sixth Housing Cycle (2021-2029), the City has a Regional Housing Need Allocation (RHNA) of 827 units. Those units are further allocated into the following income categories: very-low, low, moderate, and above moderate.
Although cities do not control or are not required to directly participate in housing production, cities are expected to work towards and facilitate the production of housing. In 2022, 30 building permits were issued. One multi-family project contained 16 units, a second multi-family project contained eight units, and the remainder of the building permits were issued for detached one-family dwellings, which includes accessory dwelling units.
Resource Management (Open Space and Conservation) Elements The Resource Management Element was updated in 1998 and will be updated by January 1, 2026. It contains 17 policies and in 2022, the City implemented the following:
• Numerous programs organized by the City promote the use of open space to maintain and enhance residents’ health in accordance with Policy 11.
April 4, 2023, Reg CC Mtg., Page # 267
3 • Continued support for the Farmer’s Market which utilizes the open space in front of City Hall thereby improving residents’ health in accordance with Policy
11. • Prepared plans and implemented capital improvement projects to provide a mode adequate water distribution system in accordance with Policy 16. • Ensured new construction projects adhered to stormwater best management practices and that Low Impact Development requirements were met in accordance with Policy 17.
Safety Element
On December 21, 2021, City Council certified the Initial Study/Mitigated Negative Declaration and adopted General Plan Amendment 2021-02 for the updated 2021- 2029 Safety Element. The Safety Element goals, policies, and actions provide the City’s safety roadmap with a 20-year horizon, including a comprehensive hazard mitigation and emergency response strategy with five goals, 21 policies, and 64 action items. In the first year since adoption, the following progress was made to achieving its goals.
• The Water Master Plan made recommendations for replacing pipelines, studies to consider improvements in pressure and zone connectivity, and water supply redundancy. These recommendations are based on results of hydraulic modeling, capacity, and fire flow, which corresponds to Policy 2.4’s Action 2.4a.
• Various water capital improvement projects, which correspond to Policy 2.4’s Action 2.4a.
• Actively recruited volunteers and held two Community Response Emergency Team (CERT) trainings corresponding to Policy 3.2a.
• Expanded code enforcement activities to reduce risk of fire related to unsafe structures or hazardous conditions related to vegetation or outdoor storage, as specified in Policy 2.3’s Action 2.4c. Code enforcement staff opened cases on dwellings constructed or converted without building permits and had a vacant unsecure building secured.
• Updated Emergency Operations Center computers and software in accordance with Goal 4’s Actions 4.4a and 4.4b.
Economic Development Element
The Economic Development Element was updated in 1998. The mission of the city’s economic development effort is to actively support he development and expansion of existing businesses, and to proactively recruit quality revenue-generating uses that April 4, 2023, Reg CC Mtg., Page # 268
4 diversify and expand the City’s economic base, offer a variety of products and services, increase employment opportunities a, enhance fiscal resources, preserve and enhance Lomita’ unique historic appeal and contribute to the quality of life for Lomita. In 2022, the following progress was made to achieving the Economic Development Element’s goals and implementation efforts:
• Launched the ARPA-funded Façade Improvement Program and Job Creation Program and revised the programs to include more types of businesses, which aligns with Economic Development Policy 3 to promote the improvement and revitalization of existing commercial areas and is in accordance with stated implementation program to commit financial resources.
• ZTA 2022-01 Modified zoning code’s commercial parking requirements to increase options which aligns with Economic Development Policy 3 to promote the improvement and revitalization of shopping centers. • Implementation Program: Business Retention and Expansion Approved a one-year Professional Services Agreement with South Bay Workforce Investment Board (SBWIB) to: 1) directly outreach to businesses via phone calls, personal visits, email or postal mailings and survey their needs; 2) to provide concierge services and make businesses aware of the City’s Job Creation Program and Façade Improvement Program and coordinate with the City throughout the process of applying; 3) offer training opportunities for business owners and their workforce; and 4) market all of SBWIB’s business services and resources.
Capital Improvements
During the reporting period, the following projects were planned, active and/or completed. All relate to the General Plan goals and policies and specifically are consistent with the Safety Element, Economic Development Element and Circulation Element:
• The Cypress Water Production Facility is undergoing a multi-year upgrade project
• Street resurfacing and reconstruction in street Zones C & F • Began design for street resurfacing and reconstruction in street Zone G • Sidewalk improvement project ongoing
• Design of 247th Street Area Water Project ongoing
End
April 4, 2023, Reg CC Mtg., Page # 269
1 TO: City Council
FROM: Ryan Smoot, City Manager
REVIEWED BY: Brianna Rindge, AICP, Community & Economic Development Director
PREPARED BY: Laura MacMorran, Associate Planner
MEETING DATE: April 4, 2023
SUBJECT: Resolution of Public Convenience and Necessity Relative to Conditional Use Permit No. 307, for the Sale of Beer, Wine, and Distilled Spirits for Target Located at 2130 Pacific Coast Highway in the C-R (Commercial Retail) Zone
RECOMMENDATION
Adopt resolution.
BACKGROUND
On November 13, 2017, the Planning Commission approved Conditional Use Permit (CUP) No. 307 for Target at 2130 Pacific Coast Highway for off-site sales of beer, wine, and distilled spirits as an ancillary use to a grocery store. This entitlement is still valid, but the Department of Alcoholic Beverage Control (ABC) requires a finding of Public Convenience and Necessity for the new tenant to sell beer, wine, and distilled spirits for off-site consumption.
The California Business and Professions Code, Section 23958.4 requires that the City Council submit a resolution of public convenience and necessity to the Department of Alcoholic Beverage Control relative to this proposal. The State law contains two tests for this requirement: 1) If the proposed establishment is located in a district which has a 20% greater number of reported crimes than the average number of reported crimes within the local law enforcement agency’s jurisdiction; and 2) If the proposed establishment is located within a census tract in which the ratio of off-sale licenses to population exceeds the ratio of the off-sale licenses to population of Los Angeles County. The ABC investigator reports that the proposed location is both in a high-crime and highconcentration area.
Item No. 7j
CITY OF LOMITA
CITY COUNCIL REPORT
April 4, 2023, Reg CC Mtg., Page # 270
2 ANALYSIS
Per ABC, Lomita’s average number of reported crimes per year is 173.1 offenses.
Reporting District 1714 experienced 396 offenses, which is > 20% greater than the average number of reported crimes. This data is slightly skewed because Reporting District 1700 experienced zero crimes. A more accurate average would be based on six reporting districts, not seven. This method yields an average of 202 incidents, and Reporting District 1714 still would be 20% higher than the average.
With regard to off-site license concentration, the ABC investigator reports that there exist four licenses in Census Tract 6701.02, which encompasses the area from Eshelman Avenue west to the city limit and from Pacific Coast Highway south to the city limit, as follows.
Name Address
Pacific Shell 25808 Narbonne Ave. (SE corner at PCH)
CVS Pharmacy 25829 Narbonne Ave. (SW corner at PCH)
Moran’s Liquor Market 2354 PCH
VJS Mega Liquor Market 2002 PCH
Based on Los Angeles County’s population and number of county-wide off-site licenses, the ratio of licenses to population is 1:1,604. For Census Tract 6701.02 the proportional amount of off-site licenses is two (see Attachment 2).
The General Plan and zoning designations for this area are Commercial and Commercial Retail, providing for commercial and retail uses along Pacific Coast Highway in proximity to residential and commercial zones, including the establishment of necessary public service facilities compatible with the requirements of this zone. Staff finds that the sale of beer, wine, and distilled spirits as an ancillary use to the sale of general merchandise at the proposed Target store serves the needs of residents and is a necessary public facility.
For several years, beer, wine and distilled spirits have not been sold at this site, and the incidents of crime have been 20% greater than the average number of crimes per district.
It not uncommon for an exclusively commercial district, such as this, to have higher incidents than a noncommercial area. Therefore, ancillary off-site alcohol sales at this site would not be a contributing factor to the census tract’s higher crime rate.
Though there is a high concentration of licenses relative to the population, the census tract includes a long stretch of Pacific Coast Highway, and none of other licenses in Tract 6701.02 belong to a big-box general merchandise retailer that sells groceries. CUP No. 307 authorizes up to 172 linear feet of alcohol sales at 2130 PCH. As proposed, alcohol sales will occupy a very small fraction of the store (see Attachment 4). Only one aisle and a small cooler area will contain alcoholic products, even though the CUP allows for more linear feet. In addition to the general merchandise and groceries, a CVS Pharmacy and Starbucks will occupy a portion of the store’s floor area.
April 4, 2023, Reg CC Mtg., Page # 271
3 Big-box general merchandise retail stores typically sell alcoholic beverages as a way to both attract customers and operate a successful store. It is a convenience for residents to be able to shop for household merchandise, clothing, food, and beer, wine, and distilled spirits at one location.
In order for the Department of Alcoholic Beverage Control to process the license, State law requires the City to issue a statement about necessity and public convenience related to this proposed business. Staff has prepared a resolution for review and adoption.
OPTIONS:
1. Adopt the resolution.
2. Do not adopt the resolution.
3. Provide staff alternative direction.
FISCAL IMPACT
Due to the limited amount of floor area dedicated to alcohol sales, the sale of beer, wine, and distilled spirit products is not expected to have significant fiscal impact.
ATTACHMENTS
1. Draft Resolution
2. ABC Form 245
3. Applicant’s Statement
4. Site Plan and Floor Plan (annotated by staff)
Reviewed by: Approved by:
__________________ _______________________
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Reviewed by: Prepared by:
_________________________ _____________________
Brianna Rindge, AICP Laura MacMorran
Community & Economic Development Director Associate Planner April 4, 2023, Reg CC Mtg., Page # 272
RESOLUTION NO. 2023-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOMITA,
CALIFORNIA, RESOLVING THE PUBLIC CONVENIENCE AND
NECESSITY OF AN ABC LICENSE FOR THE SALE OF BEER, WINE,
AND DISTILLED SPIRITS FOR OFF-SITE CONSUMPTION AT
2130 PACIFIC COAST HIGHWAY
Section 1. Recitals
A. On November 13, 2017, the Planning Commission of the City of Lomita conducted a duly noticed public hearing for the sale of beer, wine, and distilled spirits as an ancillary use to a grocery store located at 2130 Pacific Coast Highway.
B. The Planning Commission approved Conditional Use Permit No. 307, a request for the sale of alcohol at the above business at 2130 Pacific Coast Highway, and the entitlement has not expired or been revoked or modified.
C. State law established thresholds for additional review when a district’s reported crimes exceed the jurisdiction’s average by a certain percentage, and/or when a census tract contains a higher ratio of off-sale licenses than the ratio for the County of Los Angeles.
D. The reporting district containing 2130 Pacific Coast Highway has reported crimes 20 percent greater than the average number of reported crimes for all of the City’s districts.
E. The existing grocery store at 2130 Pacific Coast Highway is located in Census Tract 6701.02, which has a ratio of off-sale licenses to population that exceeds the ratio for the County of Los Angeles.
F. State law requires the City Council of the City of Lomita to state the effect of the proposed business relative to public convenience and necessity.
Section 2 Findings.
The City Council of the City of Lomita finds as follows.
A. The proposed license is within Lomita’s Commercial Retail area.
B. The General Plan designates the area for regional retail uses and a big box general merchandise retailer’s sale of alcoholic beverages for off-site consumption is compatible with the designation.
C. That a responsibly operated a big box general merchandise retailer is a valuable part of the business diversity within Lomita’s commercial corridor.
Attachment No. 1
April 4, 2023, Reg CC Mtg., Page # 273
Resolution No. 2023-06
D. That beer, wine, and distilled spirits are typical and important products in the majority of successful big box general merchandise retailer stores.
E. That residents will find it convenient to shop for food and beer, wine, and distilled spirits at one location.
Section 3. That the City Council of the City of Lomita determines that the proposed sale of beer, wine, and distilled spirits for off-site consumption at 2130 Pacific Coast Highway meets the public convenience and necessity standards.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lomita hereby approves a public convenience and necessity finding for 2130 Pacific Coast Highway. The decision of the City Council is final and conclusive as to all things involved.
PASSED, APPROVED, and ADOPTED, this 4
th day of April 2023.
_______________________
Barry Waite, Mayor
ATTEST:
_______________________
Kathleen Horn Gregory, MMC, City Clerk
APPROVED AS TO FORM:
_______________________
Trevor Rusin, City Attorney
April 4, 2023, Reg CC Mtg., Page # 274
Attachment 2
April 4, 2023, Reg CC Mtg., Page # 275
Target, 2130 Pacific Coast Hwy., Lomita, CA 90717
Application for Determination of Public Convenience or Necessity – Statement of Proposed Operations Target Corporation (“Target”) has applied to the Department of Alcoholic Beverage Control for a Type 21 Off-Sale General license for the new Target store opening in Lomita next spring. Because the store is located in a census tract that has an “undue concentration” of off-sale licenses under Section 23958.4 of the California Business & Professions Code, Target is requesting a determination from the City that public convenience or necessity will be served by issuance of the license.
The new Target will be located in the existing shopping center at the southwest corner of Pacific Coast Highway and Oak St., in the space previously occupied by Buy Low Market. The space has been vacant since Buy Low Market closed in 2018. The new 32,600 square foot store will employ 60-80 team members. The store hours of operation will be 8 a.m. to 10 p.m. daily.
The new “small format” store will focus on quick-trip shopping targeted to the surrounding population.
Target will provide neighborhood residents with a broad selection of goods and every-day necessities in one convenient location. This will include a mix of grocery items, household essentials, apparel and accessories, health and beauty products, baby products, toys and electronics.
In conjunction with its grocery assortment, Target would like to be able to offer customers the opportunity to purchase alcoholic beverages. While alcoholic beverages will be only a small component of the overall product mix, the ability to purchase alcoholic beverages along with food items will provide a convenience to Target customers by eliminating the need for an additional shopping trip. Most Target stores in California sell alcoholic beverages as part of their grocery selections, so it is a convenience Target customers expect.
Target is a well-respected retailer and takes seriously the responsibility of selling alcoholic beverages.
Target has policies and protocols to ensure that alcohol sales are handled in a responsible manner and to deter crime, loitering and other undesirable activity. In addition to video surveillance throughout the store, Target will have a dedicated team of asset protection personnel who will monitor the interior and exterior of the store during business hours. Further, all cashiers receive training in responsible alcoholic beverage sales. The training focuses on cashier responsibilities in preventing underage sales, methods for verifying identification, handling intoxicated guests and cashier liability. Target also extends its underage sales prevention to its POS system, which is programed with prompts to help cashiers when processing alcohol transactions. The sale of alcoholic beverages, therefore, will not add to any law enforcement problems or have any adverse effect on the general welfare of the surrounding neighborhood.
Attachment 3
April 4, 2023, Reg CC Mtg., Page # 276
ATTACHMENT
4 April 4, 2023, Reg CC Mtg., Page # 277
C
OMP
COMP
COMP
RED ZONE
COMP
7"
N
SHEET NO.
SCALE:PROJECTTITLESTORENO.PLOT DATE: 11-JAN-2023 12:59
PLAN TYPE
ISSUE DATE:NAME
1/11/2023
N. Nesbitt
1/16"=1'-0"
Oct 2023 New Store
Lomita Lomita, CA
T-3451
FIXTURE PLAN
X23 FW1
DESIGN/DEV
PUBLICATION
PLANNER:
STORAGE
(3) DOORED FROZEN
FS1184T-72F-HC-FGD01
FS1186T-49G-HC-FGD01
5'-0"
FS1185
T-23G-HC-FGD01
REFRIGERATED
(3) DOORED
3'-4"
3'-4"
5'-5"
7'-10"
3"
3"
3"
REQUIRED
VENDORTAKE-OFF
PLACEHOLDER
MOBILESHELVING
LIGHT DUTY
REQUIRED
VENDORTAKE-OFF
PLACEHOLDER
MOBILESHELVING
LIGHT DUTY
CONTROL
WASTE/VENT
•"CW
•"HW
AMBIENT
5T 86 W D-1
24" 42
"
2'-8"
LOCATION
PALLET
TEMP
FLATS
MILK
7T 86
WA-1
18" 42"
7T 86
WA-1
18" 42"
7T 86
WA-1
18" 42"
7T 86
WA-1
18" 42"
7T 86
WA-1
18" 42"
7T 86
WA-1
18" 42"
86 7T
WB-1
18"
42"
PRODUCEDAIRY/
7T 86
WB-1
18" 42"
86 7T
WB-1
18"
42"
48"
FS0873
10'-2"
7'-8"
HAND SINK
ELEC
BALER
LH
V63OCC
8'-2"
LOCATION
PALLET
TEMP
LOCATION
PALLET
TEMP
LOCATION
PALLET
TEMP
LOCATION
PALLET
TEMP
LOCATION
PALLET
TEMP
FS1186T-49G-HC-FGD01
FS1186T-49G-HC-FGD01
15'-9"
5'-6"
10'-2"
1'-9"
5T
86 WD-1
24" 42
"
86 18"
7T
WA-2
36"
86 18"
7T
WA-2
36"
LOCATION
PALLET
TEMP
LOCATION
PALLET
14'-1" TEMP
86 18"7T
WA-2
36"
86 18"7T
WA-2
36"
86 18"7T
WA-2
36"
LOCATION
PALLET
TEMP
5T 86
WD-1
24" 42"
EYE WASH
MEAT STORAGE
(4) DOORED REFRIGERATED
48-120
R(S)144
144 (F)
48-120
R(S)144
144 (F)
48-120
R(S)144
144 (F)
48-120
R(S)
188'C
WIRE
8'S
WIRE
8'S
3WIRE
8'S
ELECTRONICS STORAGE
2'-8FREEZER "
40'-2"
8'-5"
CROWN
STACKER
PC
CB
CB
PRINTER
WF2742
WF1722
OF0035
2L
OF0035
2L
45" H
PRINTER
SIGN-LABL
FIXT-ST
LOCATION
PALLET
TEMP
5T 86
WD-1
24" 42"
FIT PRINTERBELOW 60" TO NO SHELVES
8'-6"
COMPOSTING
6'-0"
5'-4"
6'-3"
6'-3"
3'-1"
7'-8"
5'-6"
12'H LD FIXTURES STACKING TO 14'STACKING HEIGHTS: CEILING HEIGHT: 18'-0" TBV 9'-2"
18 14'C WIRE
12'
18 14'C
WIRE
12S '
WIRE
12'
WIRE
12S '
WIRE
12'
WIRE
12S '
WIRE
12'
WIRE
12S '
24 14'C
WIRE
12 S '
WIRE 3
12 S '
CARTS
MOBILE
CARTS
MOBILE
CARTS
MOBILE
CARTS
MOBILE
CARTS
MOBILE
CARTS
MOBILE
LD: 361; HD: 3360 (15)
REPLENISHMENT CUBIC: 3,721
10' H HD FIXTURES STACKING TO 14'12'H LD FIXTURES STACKING TO 14'STACKING HEIGHTS: CEILING HEIGHT: 18'-0" TBV
STORAGE
OPU
STK
16' FIXTURE STORAGE
96 18
14'C WIRE
12'
18 14'C
WIRE
12S '
WIRE
12'
WIRE
12S '
WIRE
12'
WIRE
12S '
WIRE
12'
WIRE
12S '
14'C
12 3WIRE
12'
S
6' H HD FIXTURES STACKING TO 6'8'H LD FIXTURES STACKING TO 8' UNDER SHIPS LADDER12'H LD FIXTURES STACKING TO 14'STACKING HEIGHTS: CEILING HEIGHT: 18'-0" TBV 3"
3"
18 14'C
WIRE 3
18 12'CS
WIRE
18 12'CS
WIRE
18 12'CS
WIRE
18 12'CS
18 14'C WIRE 3
18 12'C
18 14'C
WIRE 3
18 12'CS
WIRE
18 12'C
WIRE
18 12'CS
WIRE
18 12'C
WIRE
18 12'CS
WIRE
18 12'C
WIRE
18 12'CS
18 14'C WIRE 3
18 12'C
18 14'C
WIRE 3
18 12'CS
WIRE
18 12'C
WIRE
18 12'CS
WIRE
18 12'C
WIRE
18 12'CS
WIRE
18 12'C
WIRE
18 12'CS
18 14'C WIRE 3
18 12'C
18 14'C
WIRE 3
18 12'CS
WIRE
18 12'C
WIRE
18 12'CS
WIRE
18 12'C
WIRE
18 12'CS
WIRE
18 12'C
WIRE
18 12'CS
18 14'C WIRE 3
18 12'C
18 14'C
WIRE 3
18 12'CS
WIRE
18 12'C
WIRE
18 12'CS
WIRE
18 12'C
WIRE
18 12'CS
WIRE
18 12'C
WIRE
18 12'CS
18 14'C WIRE 3
18 12'C
18 14'C
WIRE 3
18 12'CS
WIRE
18 12'C
WIRE
18 12'CS
WIRE
18 12'C
WIRE
18 12'CS
WIRE
18 12'C
WIRE
18 12'CS
14'C
12WIRE 3
12'C
12 14'C
12WIRE 3 12'CS 12
WIRE
12'C
12 WIRE 12'CS 12
WIRE
12'C
12 WIRE 12'CS 12
WIRE
12'C
12 WIRE 12'CS 12
2'-11"
48-120
R(S)144
144 (F)
48-120
R(S)144
144 (F)
48-120
R(S)
SCRUBBER
HW
BURNISHER
WASTE/VENT
•"CW
•"HW
9'-1"
15'-7"
188'C
WIRE
8X '
BCKT
MOP
9'-6"
POWER
JACK
BAGS: 6 LF (168 CUBIC)
GPU CUBIC: 160 (10 DOORS)
LD: 1,323, HD: 256
OPU CUBIC: 1,907
7'-1"
7'-10"
8'-2"
2'-1"
144"GUIDERAIL
(6LF)
BAG STORAGE
5'-5"
FS1186 T-49G-HC-FGD01FS1186 T-49G-HC-FGD01
R(S)
48-07296
R96 (F)(S)
48-072
REFRIGERATEDSTORAGE
(4)DOORED
LADDER
SHIPS
14'C
12WIRE 3
12'C
12 14'C
12WIRE 3 12'CS 12
WIRE
12'C
12 WIRE 12'CS 12
WIRE
12'C
12 WIRE 12'CS 12
WIRE
12'C
12 WIRE 12'CS 12
2"
STAGING
DRIVE UP
1"1"1"
3'-1"
1"
120"'GUIDERAIL
18 14'C WIRE 3
12'
14'C
12WIRE 3 12'S
WIRE
12'
WIRE 12'S
WIRE
12'
WIRE 12'S
WIRE
12'
WIRE 12'S
18 14'C WIRE 3
12'
18 14'C
WIRE 3
12S '
WIRE
12'
WIRE
12S '
WIRE
12'
WIRE
12S '
WIRE
12'
WIRE
12S '
LD: 1,659; LD MOBILE: 4,515
REPLENISHMENT CUBIC: 6,174
12'H
Unvsl
Unvsl
12'H
Unvsl
Unvsl
1"
24 14'C
WIRE 3
12'X X
WIRE 3
12'
120"'GUIDERAIL
18 14'C
3 12'
XX
3 12'
3 12'
XX
12'12'
XX
12'12'
XX
12'12'
XX
8'-2"
(EXTERIOR)FIRE RISER LOCATION
ROOM
JANITOR
3"
MF1914
OF8306
23x15/2D
PC
WKSTN
3'-9"
OF8307 24x36
OFFICE
AP
OF8153
24x72
OF8270
14x72
PC PRINTER
WKSTN
3"
3"
30x72
OF8154
3'-6"
OF8270
14x72
5'-4"
9'-0"
ADA
TIMECLOCKS
RecycFILLER
DF + BOTTLE
ADA
ZG1200 ZG1134
ZG1119
18x30/5DOF8309 18x30/5D OF8309
ZG1178 3-T
ZG1134
ZG1200 ZG1134
ZG1160
OFFICE
SD/ CASH
PRINTER
18x36/5D
14x72
30x48
PC
WKSTN
SAFE
OF0083CART
CASH
WF2395
20x72
OF0291
30x30
P
OF8305 18x36/5D
LL
30x30
P
ROOM
CONF.
9'-8"
7'-10"
OF8005
S
OF8006
L
FE0097 SHEL
F
OF8005
S
ZG1164
OF8006
L
MF3402
HIGH TOP TABLE
EMPLOYEE LOUNGE
ZG1490 ZG1490 ZG1490 ZG1490
ZG1490 ZG1490 ZG1490 ZG1490
7'-8"
3'-9"
4'-0"
G
ZG1163
ZG1127ZG1127 G ZG1163 ZG1127ZG1127
5'-9"
OF8005
S
OF8006
L
ZG1164
OF8005
S
OF8006
L ZG1124
7'-8"
4'-0"
5'-6"
OF0126
M.W.
OF0126
M.W.
OF0126
M.W.
MF3352
SS PREP TABLE
EMPLOYEE LOUNGE OF0126
M.W.
FE0149
REFRIG
MF3404
LH
ZG0323
ACC
4'-6"
OF0291
4'-0"
9'-2"
16'-1"
Recyc
PC
WKSTN
PC
WKSTN
PC
WKSTN
ZG1175
6-T
ZG1171
3-T
ZG1173
AZG1174 3TCCA
ZG1175
OF0412 AZG1172 6T
CCA
3'-11"
S5'-3" TOOL
3-T
ZG1173
6-T
ZG1171
ZG1196
ZG11753-T
ZG1173
6-T
ZG1171 2'-9"
ZG1175
10'-6"
4'-0"
5'-0"
20'-2"
BULLSEYE'S
12'-0"
11'-1"
ATMMF0235 WHEEL
CHAIR BSK
BSK
AP PODIUM
5'-0"
4'-0"
11'-10"
12'-0"
12'-0"
6'-6"
6'-6"
11'-0"
ZG0290ZG0290ZG0290ZG0290ZG0290
ZG0271 ZG0271 ZG0271 ZG0271 ZG0271 ZG0271 ZG0271 ZG0271 ZG0271 ZG0271 ZG0271 ZG0360 ZG0362 ZG0362 ZG0358
ZG0274 ZG0275
ZG0278LHZ
G0281RHZG0301
ZG0317
ZG0274 ZG0275
ZG0317
ZG0274 ZG0275
ZG0317
ZG0274 ZG0275
ZG0317
ZG0302
ZG0297 ZG0297 ZG0297
ZG0286 ZG0286 ZG0286 ZG0286
ZG0297 ZG0297 ZG0297
ZG0294
ZG0284
ZG0309
ZG0294
ZG0284
ZG0309
ZG0294
ZG0284
ZG0309
ZG0291 ZG0291 ZG0291
LH
ZG0498
ZG0283ZG0273
ZG0491
ZG0492
ZG0283ZG0273
ZG0491
ZG0492
ZG0283ZG0273
ZG0491
ZG0492
ZG0283ZG0273
ZG0491
ZG0492
ADA CLEAR
ZG0270
SC1
ADA CLEAR
ZG0270
SC2
ADA CLEAR
ZG0270
SC3
ADA CLEAR
ZG0270
SC4
ZG0271 ZG0271 ZG0271 ZG0271 ZG0271 ZG0271 ZG0271 ZG0271 ZG0271 ZG0271 ZG0271 ZG0301
ZG0274 ZG0275
ZG0317
ZG0274 ZG0275
ZG0317
ZG0274 ZG0275
ZG0317
ZG0274 ZG0275
ZG0317
ZG0302 Z
G0280LHZ
G0279RH
ZG0297 ZG0297 ZG0297
ZG0286 ZG0286 ZG0286 ZG0286
ZG0297 ZG0297 ZG0297
ZG0294
ZG0284
ZG0309
ZG0294
ZG0284
ZG0309
ZG0294
ZG0284
ZG0309
ZG0291 ZG0291 ZG0291
RH
ZG0498
ZG0283ZG0273
ZG0491
ZG0492
ZG0283ZG0273
ZG0491
ZG0492
ZG0283ZG0273
ZG0491
ZG0492
ZG0283ZG0273
ZG0491
ZG0492
ADA CLEAR
ZG0270
SC5
ADA CLEAR
ZG0270
SC6
ADA CLEAR
ZG0270
SC7
ADA CLEAR
ZG0270
SC8
ZG0271 ZG0271 ZG0271 ZG0271 ZG0271 ZG0271 ZG0271 ZG0271 ZG0271 ZG0271 ZG0271 18 54
3' 3'
YE214654"EVO-03SMH-R
YE216054"EVO-03MSMH-S
ZG1389
ZG1390 LH
SHIPT
MF0441
54 5'-0" 5'-0" 5'-0"
ZG0440 RH
CL1
FE0115
ZG0440 RH
CL2
FE0115
ZG0442 RH
CL3
FE0115
ZG0440 RH
CL4
FE0115
6'-5"
6'-10"
(1) ELECTRIC CARTS(1) WHEELCHAIR(1) CAROLINE CART(30 ON PLAN)30 GREY CARTS(26 ON PLAN)50 RED CARTS 30 GREY)(26 RED
MF0441
MF0441
MF0441
6'-6"
10'-0"
ZG0273ZG0273
ZG0494
ZG0273
ZG0494
2D/55"
TVM-36SL
YE1735
3' 14
3'
54RED
16 18
33'
'
VF0830
2D/55"
TVM-36SL
YE1735
3' 14
3'
54RED
16 18
33'
'
VF0830
2D/55"
TVM-36SL
YE1735
3' 14
3'
54RED
16 18
33'
'
VF0830
2D/55"
TVM-36SL
YE1735
3' 14
3'
54RED
16 18
33'
'
VF0830
ZG1133
URANO 165
PICKUP O RDER
GIFT REGISTRY
5'-9"
5'-2"
5'-9"
ZG0273
ZG0494
ZG1357
ADA CLEAR
ZG1388ZG1388
18 18
54 33'
'
3'3'
24 ZG1391 RH
ZG1352ZG1352ZG1352ZGR1352H
22 54
4'-11"
5'-7"
7'-9"
10'-0"
5'-6" 5'-6" 5'-6" 5'-3" 5'-3" 6'-0"
10'-0"
9'-0"
5'-5"
6'-0"
5'-0"5'-0"5'-0"
8'-6"
5'-1"
4'-10"
7'-10"
5'-0"
6'-0"
5'-0"
5'-3" 5'-3"
15"
WF6008
69"
WF6006
15"
WF6008
48"WF6021
5'-0"
6'-6"
PHM
YE1687
91"
ID-SCA-8
YE1687
91"
ID-SCA-8
YE1687
91"
ID-SCA-
Y8E8032
90"
FD-SCA-4
YE8032
90"
FD-SCA-4
YE8032
90"
FD-SCA-4
YE1687
91"
ID-SCA-8
YE1687
91"
ID-SCA-8
YE1687
91"
ID-SCA-8
6'-1"
3'-6"
6'-6"
6'-0"
YE1686
91"
ID-SCA-6
YE1686
91"
ID-SCA-6
84" 14
84 MF9548
84" 14
84 MF9548
TOYS
BABY ELE
CTRONICS
SEASONAL HHC
HEALTHCAREPERSONALCARE
24 18
18 84
3'
3'
24 5'-0" 5'-0"
LUGGAGE
7'-10"
YE168691"ID-SCA-6
YE168591"ID-SCA-4
6'-0"
11'-0"
5'-0"
5'-4" 5'-4"
MF9545
PILLOW
DUMP
WHITE
HEALTHCARE
5'-1"
5'-1"
4'-10"
4'-6" 4'-6"
4'-10"
BUNKER
CUBE
BUNKER
CUBE
BUNKER
CUBE
BUNKER
CUBE
4'-9"
4'-9"5'-1"
5'-1"
6T
YE1452
6T
YE1452
6T
YE1452
6T
YE1452
6T
YE1452
6T
YE1452
6T
YE1452
DOMESTICS
5'-1"
22 104
16'-11"
&DISPLAY
TVWALL
BEAUTY
5'-7"
WF3985
WF4526
WF3985
WF3985
WF4517
WF3985
WF3985 WF4517
5'-0"
5'-1"
KITCHEN
5'-1"
4'-11"
3'-9"
4'-11"
6'-0"
5'-9"
6'-10"
7'-6"
5'-5"
7'-7"
FAMILY
FAMILY
84 18
3'3'
DF
5'-4"
3'-5"
2'-11"
2'-10"
4'-2"
4'-1"
4'-3"
ED
WF3875
18 18
18 84
18 24
22 22
84 3'
3'
3'
3'
3'
3'
48 18
18 18
84 18
18 18
18 84
18 18
18 18
84 18
18 18
18 84
18 18
18 18
84 3'
3'
18 18
18 18
84 3'
3'
18 94
94 94
7'-3"
9'-7"
FAMILY FAMILY
7'-6"
MAC
5'-0"
22 94
94 6'-1"
SBC DRY
PRODUCE
DELI
DAIRYM
EAT
F. MEAT
BAKERY
FROZEN
SBC SBC
DAIRY
HL FOCAL PW
34"
WF6102
28"
WF6101
28"
WF6101
48"WF6021 74
"
YE
74 1765"
YE1765
60"
IM-05-C8-R
ZG0847
60"IM-05-E5-RZG0851
94HC33 3'
18 3'
94 3'
24 18
18 84
3'
3'
24 24
18 18
84 3'
3'
24 4'-11"
94 22
3'3'
ENT.
22 3'
94 3'
1894
3' 3'
4'-11"
SBC
6'-1"6'-
3"
24 18
18 84
3'
3'
3'
3'
18 84HC
33 18
3'
3'
PEG/HC
24 PEG/HC
18 18
18 18
84 18
18 18
18 84
18 18
18 18
84 18
4'-2"
5'-0"4'-11"
4'-11"4'-11"4'-11"4'-11"4'-11"4'-11"4'-11"5'-0"5'-0"
5'-0"
STORAGE
HOME
DEC. SPG
STATIONERY
18 18
18 64
18 18
18 18
64 18
18 18
24 49
PEG/PEG18
18 84
3'
3'
18 PETS
18 18
24 49
PEG/PEG18
18 84
3'
3'
18 4'-11"
5'-1"
FROZEN
YE1687
91"
ID-SCA-8
YE1687
91"
ID-SCA-8
YE1687
91"
ID-SCA-8
YE1686
91"
ID-SCA-6
YE1687
91"
ID-SCA-8
YE1687
91"
ID-SCA-8
YE1686
91"
ID-SCA-6
YE1687
91"
ID-SCA-8
84" 14
84 MF9548
SBC
YE168691"ID-SCA-6
YE168691"ID-SCA-6
ADULT BEV
94HC33
SOLID BACKPANELS
ADULT BEV
13 13
60 WHITE
16 4'-10"
5'-5"
14 84"
MF9548
84 YE803090"FD-SCA-2
14 84
"
MF954884SBC STVM-48SL-HC~SW02 YE1505 BC22
22 84
18 P&P
PLASTICS
PAPER &
84HC
33 18
PEG/HC
18 PEG/HC
18 9'-0"
18 3'
94 3'
BMPR
HG
HLFOCALPW
HL FOCAL PW
24 18
18 84
3'
3'
24 48
183
18 '
3'
84 3'
3'
3'
3'
24 KICK
RG
KICK
RG
PRODUCE
KICK
RG
KICK
RG
3' 22
94 DRAWER DRAWER DRAWER DRAWER DRAWER
HLFOCALPW
PUREWHITEBEAUTYLEDVALANCE
DRAWERDRAWERDRAWER
119
FOCAL INLINE FOCAL INLINE
VALANCE
BEAUTY LED
PURE WHITE
VALANCE
BEAUTY LED
PURE WHITE
BMPRHG
18 18
84 18
18 3'
3' 18
84 18 3'
3' 18
84 18
22 3'
94 22 3'94
67"
SOLID/NOSLOT
67"
67" 67"67"
67"
67"
67" 67
"
67"
BB MOV WALL
DR 67"
3'
BB MOV WALL
DR 67"
3'
BB MOV WALL
DR 67"
3'
BB MOV WALL
DR 67"
3'
BB MOV WALL
DR 67"
3'
BB MOV WALL
DR 67"
BB MOV WALL
DR 67"
BB MOV WALL
DR 67"
BB MOV WALL
DR 67"
BB MOV WALL
DR 67"
BB MOV WALL
DR 67"
BB MOV WALL
DR 67"
BB MOV WALL
DR 67"
BB MOV WALL
DR 67"
BB MOV WALL
DR 67"
BB MOV WALL
DR 67"
BB MOV WALL
DR 67"
BB MOV WALL
DR 67"
BB MOV WALL
DR 67"
BB MOV WALL
DR 67"
24 18
18 84
3'
3'
24 CVSPHARMACY
RED
ESSENTIALSESSENTIALSESSENTIALS
ESSENTIALS
ESSENTIALS
ESSENTIALS
GROCERY
GROCERY
GROCERY
GROCERY
GROCERY
GROCERY
MENSWEAR
KIDS
ESSENTIALSESSENTIALS
HOME
TECH
TOYS & GAMES
Starbucks
ATM Recycling
Carts
& LICENSES
THANKS POLICIES
FOR SHOPPING AT TARGET
GRACIAS POR COMPRAR EN TARGET
WHITE
LISTAS DE REGALOS
REGISTRY
GIFT
RETURNS
&
EXCHANGES
CAMBIOSYDEVOLUCIONES
ENTREGADEPEDIDOS
PICKUP
ORDER
RESTROOMS
BANOS
CLEF AR SPACE
36"x18"
PRT
SCN
5'-6"
CHECKOUT
SCREEN
CLEAR SPACE
36"x18"
PRT
SCN
5'-6"
CHECKOUT
SCREEN
ADA
AREA
DROPOFF
36"
AREA
CONSULT
36" ADA
COMP
COMP
48 48
48 48
32 32
48 48
32 32
32 32
32 32
4832 32
32 32
32 48 48
48 48 48 48
3248
48 4"AIR SPACE
48 3'-6"
3'-8"
60/C
60/C
RTW
BBBG
MEN'S
5'-7"
4'-6"
6'-0"
3'-0"
60/C
60/C
60/C
60/C
4'-0"
FS
WF3878
FS
WF3878
5'-0"
ROOM
FITTING
STOOL
ACC RO O M FITTING ADA PENDANT
JAS
MEN'S BASICS
NIT BASICS
MAC
MAC
FS
WF3878 M AC
WHTSLD/SLD 94 159
94" SOLID - WHITE 94" SOLID 65" SOLID - PURE WHT
94" SOLID - WHITE 94" SOLID 65" SOLID - PURE WHT 159
94" SOLID 65" SOLID - PURE WHT 94" SOLID - WHITE
94" SOLID 65" SOLID - PURE WHT 94" SOLID - WHITE
WHTSLD/SLD
IHS
5'-0"
6'-8"
6 6
12 12
YOUNG CONTEMPORARY
60/C
4'-0"
3'-4"
3'-4"
3'-7"
5'-0"
3'-3"
60/C 60/C 60/C
4'-11"
WALL WALLT-FRAME T-FRAMET-FRAME T-FRAME
EC 66"EC 66"
4'-0"
4'-4"
4'-0"
HOSIERY
60/C
4'-6"
84" EC
BUNKERSHORT
TALL TABLE
SHORTTABLE
BUNKERSHORT
TALL TABLE
SHORTTABLE
EC 84"
4'-0"
4'-0"
4'-0"
4'-0"
BUNKER
4FT
BUNKER
4FT
BUNKER
4FT
BUNKER
4FT
WALLWALLWALL
4'-0"
60/C
SEASONAL
4'-0"
60/C60/C60/C
3'-6"
3'-6"
3'-6"
3'-11"
5'-8"
4'-11"
4'-0"
4'-0"
4'-9"
4'-0"
5'-0"
3'-9"
4'-11"
60/C
W. PERF
3'-4"
3'-10"
60/C
M. PERF
4'-0" 4'-0" WAL
LWALL
EC 84"
WALLWALL
EC 84"
WALLWALL
EC 84"
3'-6"
4'-1"
3'-3"
6'-10"
5'-3"
6'-10"
4'-0"
NIT
5'-0"
CLEARANCE/ FLEX
5'-0"
5'-4"
4'-0"
3'-8"3'-8"
4'-0"
4'-8"
WALLWALL
60/C 60/C
6 60/C 60/C 60/C
60/C
3'-10"
3'-10"
5'-1"
2'-8"
60/C60/C
3'-0"
3'-3" 3'-3"
2'-8"
5'-5"
60/C
4'-3"
6 WALL
EC
84"
60/C 60/C 60/C
12 EC
84"
60/C60/C
3'-3"
60/C60/C
4'-0"
4'-4"
WALL WALL
60/C60/C
3'-5"
3'-10"
WALL
4'-0"
3'-9"
3'-8"
4'-0"
4'-11"
60/C60/C
4'-0"
4'-3"
60/C 60/C
6'-2"
3'-6" 5'-0"
2'-9"
3'-1"
7'-2"
5'-5"
4'-0"
4'-0"
4'-0"
MIRROR
MIRROR
B/G BASICS
60/C
60/C
60/C 60/C 60/C
BRAND C
84" EC
BUNKER
4FT
WALLWALL
2'-11"
5'-0"
60/C
4'-2"
7'-0"
60/C 60/C60/C
3'-11"
3'-10"
60/C
2'-8"
6'-0"
3'-0"
3'-9"
FLEX
3'-6"
3'-6"
3'-0"
T-FRAME T-FRAME
3'-3" 5'-2"
3'-0"
120V/1
72"AFF
NEMA5-20R
SINGLE
SB1676SB1677SB1676SB1677SB1676SB1676
STARBUCKS
FS1101 T-49-H
C
FS1103 T-72F-H
C
WASTE/VENT
•" CW
•" HW
WX-1
86 8T
18"
48"
DEEPx8"TALL
SIGNCANOPY 12"
70"TALL
B-55P
EC-500-HAP
SB0022
SB0338
3-TR3-TR
3-TR
6' -7"
7' -11"
WX-1
86 8T
18" 48"
WX-1
8T 86
18" 48"
WX-1
86 8T
48" 18"
WX-1
86 8T
18"
48"
W.H.
STORAGE
STARBUCKS
6' -1"
6'-0"
9'-4"
6'-6"
WASTE/VENT
ƒ" CW
ƒ" HW
2" IW FLOOR SINK
FS2039
SB1679
SB0342
SB0317
SB1520
ZG0462
SB0352
4' -0"
ZG1477
S
B1591
SB1716
ZG0458
5T 86
WD-1
18" 24"
4'-11"
FS1116FS1116
1'-6"
ZG1558
ZG1559
SCRIBE
SCRIBE
ZG1598
ZG1618ZG1563
SCRIBE
ZG1624
ZG1738 TAP
ZG1616
ZG1670
ZG1556
ZG1694
SB1747
ZG1634
1 AB
CD
E
F
G
2 3
4 5
6 H
NARBONNE AVE
ENTRANCE
NANT
ACENT
NANT
ACENT
NANT
ACENT
28 '
TRA
ILER
(12 STALLS)
PARKING
DRIVE -UP
DOOR
DRIVE-UP
G ATEDACCESSALLEY
GLAZING 36" TO 108" AFF
EXIT
RAMP UP
ACCESS GATETRUCKER
(ALLEY LEVEL)
DUMPSTERS
GATE ACCESS
SECURE FENCE &
TO REMAIN OVER SECURED PLATFORMOPEN AIR - EXISTING COVERED AWNING
WITH DOCK LEVELERRAISED PLATFORM
Alcoholic Beverage Display Area Highlighted in Red
April 4, 2023, Reg CC Mtg., Page # 278
1 TO: City Council
FROM: Ryan Smoot, City Manager
MEETING DATE: April 4, 2023
SUBJECT: Discussion Regarding Safe and Sane Fireworks
RECOMMENDATION
Receive the information presented, discuss, and if desire, provide further direction.
BACKGROUND/ANALYSIS
At it’s meeting of February 21, 2023, the City Council approved a proposal from the LA County Sheriff’s Department for enforcement of the City’s ordinances related to the use of illegal fireworks during the period surrounding the 4th of July holiday and allocated approximately $26,000 for that purpose.
After discussion of the topic and the significant and increasing costs associated with enforcement, the City Council directed City staff to return with a discussion about Safe and Sane fireworks, options for allowing their sale and use, and potential impacts thereof.
The topic has been discussed in the past, most recently in 2006, but only minor amendments have been made to the City’s ordinances since the sale and use of fireworks was prohibited in 1986.
A summary of the history is included below. Of particular note are two non-binding advisory measures that were placed before voters in 1986. The text and certified results of these measures are also included below. Shortly after the 1986 election, the City Council adopted Ordinance No. 400 prohibiting the sale and use of fireworks, but allowing public displays under certain conditions. The prohibition has been in place since that time, but many of the City’s residents and those from surrounding areas continue to use fireworks to celebrate the fourth of July holiday.
Item No. SCH 8a
CITY OF LOMITA
CITY COUNCIL REPORT
April 4, 2023, Reg CC Mtg., Page # 279
2 Results of April 1986 City of Lomita Election
Abbreviated History of Actions Related to Fireworks in Lomita 1965 Ord. No. 20 Allowed for the sale of Safe and Sane Fireworks 1966 Ord. No. 35
Ordinance amendment limiting participation to organizations from Lomita
1967 Ord. No. 44 Similar to above
1967 Ord. No. 54 Setting requirements for permit issuance, setting 1:3400 permit limit 1968 Ord. No. 71 Inventory Requirements
1969 Ord. No. 92
Made modifications to the adopted county fire code to continue to allow fireworks sales in the City.
1983
Ord. No.
346
set permit issuance requirements for fire extinguishers, distancing requirements from gas stations, etc.
1985 Reso. 85-57
City Council places first advisory measures before voters for April 1986 Election
1986 Reso. 86-2
City Council places second advisory measures before voters for April 1986 Election
1986 Reso. 86-20
Certified election results from Advisory Measure A and Advisory Measure B
1986
Ord. No.
400
City Council adopts ordinance prohibiting fireworks sales and use but still allowed for public displays
2006 Staff Report
February 21, 2006 - City Council requested discussion. No amendments made.
2007
Ord. No.
700 Adoption of modern ordinance establishing fines for fireworks use 2021
Reso. 2021-
14 Increased administrative fines for fireworks to $1000 April 4, 2023, Reg CC Mtg., Page # 280
3 Current Enforcement Mechanisms:
The City’s municipal Code prohibits the use of all fireworks within the City, and establishes administrative penalties for violations that start at $1,000 per violation. Although enforcement of the ordinance is challenging, in recent years the City has supplemented its enforcement efforts with additional dedicated LASD patrols and increased efforts from the City’s code enforcement staff which has aided enforcement. While the recent increase in the base penalty amount for violations to $1000 has helped, it still does not nearly cover the costs of the City’s enforcement efforts.
Potential Benefits for Community Groups of Allowing Sale of Fireworks:
There are currently 34 cities within Los Angeles County (and many others within the State) that allow for the sale of Safe and Sane Fireworks while still prohibiting the sale and use of unapproved and illegal fireworks. Should the City Council desire to amend the City’s code to allow for the sale and use of Safe and Sane fireworks, an ordinance would be required.
If the City were to allow the sale and use of Safe and Sane fireworks, it could allow community groups to apply for a permit to conduct those sales in the community pursuant to appropriate conditions and regulations. Depending on the number of permits issued, revenue received by a given community group or groups can be significant - in the tens of thousands of dollars. As more permits for sales are issued, however, the amount raised under each permit can be expected to be reduced. For this reason, among many others, some communities limit the number of permits issued in some way (no more than X permits per 10,000 population, for example).
Regulatory Process and Limits on Cost Recovery:
City staff has explored various models to increase our ability recover costs associated with enforcement efforts, including the possibility of allowing the sale and use of Safe and Sane fireworks, as defined under state law, while still prohibiting the sale or use of all other fireworks not so designated and approved by the State.
In order to do so, the City would need to establish a regulatory framework under which to review and approve applications for permits to sell fireworks, establish conditions and regulations to control placement, location, and operations of the stands, and determine a process for deciding how many permits might be appropriate, and which group or groups may be eligible and ultimately be issued a permit. This would require a significant amount of staff time and coordination from our community development and code enforcement staff, as well as public safety and fire personnel. Based on conversations with other communities, the amount of time necessary for this process can range from 2-10 months, depending on the complexity of the regulatory and reporting structure necessary to implement the program.
April 4, 2023, Reg CC Mtg., Page # 281
4 If the City were to allow for the sale of Safe and Sane fireworks, it could establish, as it does with other regulatory processes, appropriate fees for the permits necessary to do so that would recover no more than the costs of processing those permits and other directly related costs. Typically, these would be limited to costs such as the staff time necessary for processing permits, inspections of booths/stands, and other costs directly related to the issuance of the permit itself. Having said that, fees that exceed the City’s costs of processing the necessary permits, such as to offset costs of enforcement related to illegal fireworks use, or to provide additional revenue to the City would likely be considered a tax that requires voter approval. The majority of cities contacted stated that costs of enforcement continue to far exceed revenues received through the permitting process.
OPTIONS:
1) Make no changes to the City’s existing prohibition on the sale and use of fireworks.
Receive this report and attached background, and take no further action at this time. 2) Direct staff to prepare and return with a draft ordinance for consideration by the Council.
3) Request more information or make other direction as desired.
FISCAL IMPACT
There is no fiscal impact associated with this discussion. Should the City consider amendments to its ordinances and allow, in some capacity, the sale and use of safe and sane fireworks, there could be significant costs dependent upon the regulatory structure implemented. Under that circumstance, the City could recover the costs associated with the issuance of necessary permits, but could not, without voter approval, recover any costs or collect any revenues beyond its own costs related specifically to the sale of Safe and Sane fireworks.
Prepared by: Approved by:
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
April 4, 2023, Reg CC Mtg., Page # 282
1 TO: City Council
FROM: Ryan Smoot, City Manager
REVIEWED BY: Brianna Rindge, AICP, Community & Economic Development Director
PREPARED BY: Laura MacMorran, Associate Planner
MEETING DATE: April 4, 2023
SUBJECT: Discussion and Consideration of Zoning Text Amendment No. 2023-02, an Ordinance Amending Lomita Municipal Code Title XI (Planning and Zoning) to Modify Off-Street Parking Restrictions and Permit Additional Types of Parking Lot Signs, to Add Definitions
RECOMMENDATION
After the City Attorney reads the title of the ordinance, accept the recommendation of the Planning Commission and introduce on first reading an ordinance amending Lomita’s Municipal Code Sections 11-1.15(D) and 11-1.15(S) (Definitions), Section 11-1.66.05 to modify off-street parking regulations and Article 67 to modify sign regulations, find the project is categorically exempt from the California Environmental Quality Act, and direct staff to schedule the second reading and adoption of the ordinance.
BACKGROUND
Lomita’s Municipal Code does not currently permit the exclusive use of parking spaces in a multiple tenant commercial development (in this context means mixed commercial uses, i.e. restaurant, retail, personal service, office etc.). The expected Target store is a part of multiple tenant commercial development (2130 – 2154 PCH) and requires designated parking spaces to provide vehicle-based merchandise pick-up services. The property owner, BRFI Lomita II, LLC, applied for a zone text amendment to allow designated parking spaces for a single-tenant’s use. With the applicant’s permission, staff is proposing allowing short-term commercial parking spaces.
Item No. PH 9b
CITY OF LOMITA
CITY COUNCIL REPORT
April 4, 2023, Reg CC Mtg., Page # 283
2 SUMMARY OF THE PROPOSED ZONE TEXT AMENDMENT
The amendment proposes two new types of commercial parking spaces: designated spaces, and short-term spaces. Depending on the property’s size, up to five percent or seven and half percent of the available parking spaces may be designated to a specific tenant’s customer use. The short-term parking spaces are time-limited shared parking spaces. Up to five percent of the available parking spaces can be allocated to short-term parking. This allocation is in addition to designated parking spaces.
Three corresponding parking sign types are proposed to identify the parking spaces, and pick-up area. The signs are regulated by typical size and illumination standards. Also included in the zone text amendment are definitions for the parking space types and sign types.
ANALYSIS
These amendments are consistent with the General Plan’s Economic Development Element and the Land Use Element. Specifically, they promote the improvement and revitalization of existing shopping centers, as well as promote an orderly pattern of development in the City.
The Code’s explicit prohibition on designating commercial parking spaces is not typical of other jurisdictions. It constrains brick-and-mortar retailers who provide online shopping with in-person pickup services, and it prevents Lomita residents from having this service available in their community.
By allowing a small percentage of a parking lot’s available parking spaces to be designated to a particular business and/or for short-term parking, the land is being more optimally used; customers will benefit from the advances in technology; businesses can improve sales and become competitive with surrounding cities; and it can help property owners attract new tenants.
The Planning Commission Staff Report provides further analysis of the parking space types and corresponding new signs.
OPTIONS:
1. Approve the first reading of the ordinance as recommended by the Planning Commission.
2. Approve the first reading of the ordinance with amendments.
3. Do not approve the first reading of the ordinance.
4. Provide staff alternative direction.
FISCAL IMPACT
None.
April 4, 2023, Reg CC Mtg., Page # 284
3 ATTACHMENTS
1. Draft Ordinance
2. Planning Commission Resolution 2023-26
3. Planning Commission Staff Report with PC Attachment 2
4. Applicant’s Submittal
5. Notice of Exemption
Reviewed by: Approved by:
___________________ _______________________
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Reviewed by: Prepared by:
_________________________ _____________________
Brianna Rindge, AICP Laura MacMorran
Community & Economic Development Director Associate Planner April 4, 2023, Reg CC Mtg., Page # 285
ORDINANCE NO. 847
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMITA, CALIFORNIA, APPROVING ZONE TEXT AMENDMENT No. 2023-02
AND AMENDING LOMITA MUNICIPAL CODE TITLE XI (PLANNING AND ZONING) ARTICLE 15 (DEFINITIONS), ARTICLE 66 (OFF-STREET PARKING, STORAGE AND LOADING), AND ARTICLE 67 (SIGNS) AND
FINDING THE ACTION TO BE CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT. INITIATED BY BRFI LOMITA II, LLC, 11611 SAN VINCENTE BOULEVARD, SUITE 900, LOS ANGELES, CA 90049 (APPLICANT)
Section 1. Recitals
A. On March 13, 2023, the Planning Commission held a duly noticed public hearing on Zone Text Amendment No. 2023-02 where public testimony was accepted on the item and recommended City Council approval.
B. On April 4, 2023, the City Council considered this application to amend Lomita’s Municipal Code Sections 11-1.15(D) and 11-1.15(S) (Definitions), Section 11-1.66.05 to modify off-street parking regulations and to amend Article 67 to modify sign regulations, held a duly noticed public hearing and accepted testimony in regard to the same.
The Recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.
Section 2. General Plan
The City Council finds that the ordinance is consistent with the General Plan because it implements the Economic Development Element’s Policy 3 “to promote the improvement and revitalization of existing shopping centers”. The City’s parking and sign standards were adopted when consumer shopping patterns were restricted to instore purchases. The proposed parking and sign standards respond to technological and retail changes. For shopping centers to be revitalized, regulations cannot prevent them from adapting to meet today’s consumer demands.
In addition, the ordinance is consistent with the Land Use Element’s first goal “to promote an orderly pattern of development in the City.” The proposed zone text amendment modifies regulations regarding the permitting and placement of signs in a parking lot. The proposed sign standards provide identification and information for customers ordering online and picking up merchandise in person, and customers whose visits last for a short duration. The adoption of this zone text amendment categorizes signs based upon the function that they will serve and fosters and aids in the harmonious, orderly, and progressive development of the City consistent with the General Plan Land Use Element’s goals and policies.
Attachment No. 1
April 4, 2023, Reg CC Mtg., Page # 286
Ordinance No. 847
The City Council also finds the proposed changes will preserve, protect, provide for, and foster the health, safety, and welfare of the citizenry in general and the persons who work, visit, or live in this development in particular.
Section 3. Environmental Review
The City Council finds that the ordinance is exempt from the California Environmental Quality Act (CEQA) Guidelines, California Code of Regulations, Title 14, Chapter 3, pursuant to Section15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) because zoning amendment 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. Section 11-1.15 (“Definitions”) of Article 15 (“General Provisions”) of Title XI of the Lomita Municipal Code is hereby amended to add the following definitions alphabetically as follows:
Section 11-1.15 (D)
“Designated parking space shall mean a parking space designated, assigned, or reserved for the exclusive use of one particular business’ customers.”
Section 11-1.15(S)
“Shared parking space shall mean a private parking area used jointly by two or more uses.
Short-term parking space shall mean a customer parking space which shall not be occupied by the same vehicle for no more than thirty (30) minutes at a time.”
April 4, 2023, Reg CC Mtg., Page # 287
Ordinance No. 847
B. Section 11-1.66.02 (“Definitions”) of Article 66 (“Off-Street Parking, Storage and Loading”) of Title XI of the Lomita Municipal Code is hereby amended to read as follows:
“Section 11-1.66.02. - Definitions.
For the purpose of this article, unless otherwise apparent from the context, the following words and phrases used in this article are defined in Article 15, Definitions of the Zoning Ordinance: designated parking space, driveway, floor area, garage, gross floor area, landscaping, loading area, off-street parking, parking area, parking lot, parking aisle, parking space, shared parking space, short-term parking space, turnaround area and turning radius.”
C. Subsection (D) of Section 11-1.66.05 ("General provisions”) of Article 66 (“OffStreet Parking, Storage and Loading”) of Title XI of the Lomita Municipal Code is hereby amended to read as follows:
“(D) Parking spaces within a mixed use complex commercial development shall not be designated for the exclusive use of any individual tenant, except as follows:
(1) Any commercial development with parking spaces in excess of the required parking may designate excess parking spaces for the exclusive use of a tenant(s).
(2) A commercial development that does not have parking spaces in excess of the required parking and is located on a parcel with over fifty thousand (50,000) square feet of property area may designate up to seven-and-a-half (7.5) percent of the total number of approved parking spaces for the exclusive use of a tenant(s).
(3) A commercial development that does not have parking spaces in excess of the required parking and is located on a parcel with no more than fifty thousand (50,000) square feet of property area may designate up to of the five (5) percent of the total number of approved parking spaces for the exclusive use of a tenant(s).”
D. Subsection (E) of Section 11-1.66.05 ("General provisions”) of Article 66 (“OffStreet Parking, Storage and Loading”) of Title XI of the Lomita Municipal Code is hereby amended to read as follows:
“(E) Neither patrons nor employees of an occupant of a building may be restricted from the use of any parking space (except handicapped) in a parking lot.
However, employees should be encouraged to park in the least utilized portion of the parking lot. Commercial developments may designate up to five (5) percent of the available parking spaces for short-term parking but no more April 4, 2023, Reg CC Mtg., Page # 288
Ordinance No. 847
than 8 spaces. Short-term parking shall not exceed thirty (30) minutes. The property owner may limit the timeframe that the parking spaces are available only for short-term parking.”
E. Section 11-1.67.02 (“Definitions”) of Article 67 (“Signs”) of Title XI of the Lomita Municipal Code is amended to add the following:
“(2.4) Beacon sign shall mean a type of directional sign providing information or directions for motorists to onsite parking or loading.” “(8.5) Designated space sign shall mean a sign identifying a specific parking space for a particular business use.”
“(26.5) Short-term parking sign shall mean a sign identifying a short-term parking space.”
F. Subsection (4)(c)(vi) 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:
“(vi) Parking lot signs.
a. Entrance and exit signs, not to exceed five (5) square feet in area per face. b. Designated parking space signs, one (1) permitted per designated space.
1. Sign maximum size: six (6) square feet, of which up to four (4) square feet is allowed for branding or logos per face, with a maximum height of six (6) feet above the parking lot surface.
2. If present, exposed concrete bases shall be covered with decorative stone, stucco, brick, tile, or a natural veneer that matches the building’s facade.
c. Beacon parking signs may be installed to facilitate traffic circulation associated with designated parking, provided such signs comply with the following requirements:
1. No more than two (2) signs shall be permitted per property.
2. Sign maximum size: two (2) feet by two (2) feet in plan, with a maximum height of twelve (12) feet above the parking lot surface.
3. Up to three (3) square feet per face is permitted for branding or logos.
April 4, 2023, Reg CC Mtg., Page # 289
Ordinance No. 847
4. If present, exposed concrete bases shall be covered with decorative stone, brick, tile, stucco, or a natural veneer that matches the building’s facade.
5. May be illuminated provided the luminance is stationary and no more than 0.3 foot-candles above ambient light conditions, or the level recommended by the Illuminating Engineering Society of North America (IESNA) for the specific size and location of the sign, whichever is less.
d. Short-term parking space signs may be installed to facilitate parking space turnover. The sign shall have:
1. A maximum size of eighteen (18) inches by eighteen (18) inches, with no more than a one (1) inch thickness.
2. The maximum time within which a particular vehicle may occupy a particular parking space and, if applicable, any designated timeframe. e. All types of parking lot signs shall be installed outside of each parking space’s required minimum dimensions.”
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.
April 4, 2023, Reg CC Mtg., Page # 290
Ordinance No. 847
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 day of , 2023.
____________________________
Barry Waite, Mayor
ATTEST:
____________________________
Kathleen Horn Gregory, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Trevor Rusin, City Attorney
April 4, 2023, Reg CC Mtg., Page # 291
Attachment 2
April 4, 2023, Reg CC Mtg., Page # 292
April 4, 2023, Reg CC Mtg., Page # 293
1 TO: Planning Commission
FROM: Laura MacMorran, Associate Planner
MEETING DATE: March 13, 2023
SUBJECT: Discussion and Consideration of Zoning Text Amendment No. 2023-02, an Ordinance Amending Lomita Municipal Code Title XI (Planning and Zoning) to Modify Off-Street Parking Restrictions and Permit Additional Types of Parking Lot Signs, to Add Definitions and Finding the Action to be Exempt from the California Environmental Quality Act
RECOMMENDATION
Recommend approval of Zoning Text Amendment 2023-02 to the City Council, subject to the findings and conditions and finding the request exempt from the California Environment Quality Act (CEQA).
BACKGROUND
BRFI Lomita II, LLC, associated with Balboa Retail Partners, applied to modify the prohibition on designated parking spaces at a multi-tenant commercial property (Sec. 11-.66.05(D)) and to add new parking sign types to identify the designated spaces.
The applicant owns 2130 Pacific Coast Highway (proposed Target) and 2142-2154 Pacific Coast Highway and proposes the zoning text amendment to allow designated parking and to establish new sign types and standards for corresponding signage. Target proposes 12 drive-up spaces identified by individual parking space signs and two beacon signs identifying the pickup area.
Based on experience and research, staff proposes permitting short-term parking spaces in a multi-tenant commercial center. The applicant agreed to include this additional type of space with the other proposed amendments.
Staff discussed the proposed text amendment with both the City Council’s Economic Development Subcommittee and the Lomita Chamber of Commerce. There is input incorporated into this zone text amendment.
Item No. PH 5b
CITY OF LOMITA
PLANNING COMMISSION REPORT
Attachment 3
April 4, 2023, Reg CC Mtg., Page # 294
2 ANALYSIS
The proposed ordinance to amend Lomita Municipal Code (“LMC”) is in response to the societal changes in technology, consumer shopping, and the retail industry, especially in a post-pandemic society.
1) DESIGNATED PARKING
See Section 4, Parts A and B of the draft ordinance (Exhibit A) Historically, multi-tenant commercial properties have shared all provided parking spaces, meaning any business’ customers may park in any of the available parking spaces. To punctuate this parking arrangement, Lomita’s Code explicitly prohibits designating a parking space for an individual tenant’s exclusive use in a mixed-use commercial center.
In comparison to other jurisdictions, this parking restriction is an outlier. Staff spoke with planners in the City of Carson, the City of Torrance, and Skokie, Illinois, and researched several other South Bay municipalities’ codes. Almost none of the jurisdictions prohibit designated parking and have retailers which have successfully implemented designated parking spaces for a tenant’s exclusive use.
As technological changes have made it possible to purchase goods remotely, it is no longer necessary to physically enter a store to obtain the merchandise. To compete with online retailers, brick-and-motor retailers have augmented their sales with online shopping and provided a local pickup option through retailer-specific mobile applications.
This saves shipping costs for consumers and benefits the brick-and-mortar retailers, property owners, and commercial districts.
To facilitate a drive-up transaction, the customer parks in a numbered space and reports it on a mobile application. An employee walks the ordered goods to the customer’s vehicle. The designated spaces are not a loss of a required parking space, but instead a component of the retailer’s parking supply that is capturing what before online shopping would have been instore purchases.
Drive-up service benefits all people, but especially families with young children, the elderly, people with physical challenges, anyone who may be sick or fears getting sick, those in a hurry, and people who don’t have a secure place for package delivery when they are not home.
The drive-up option appears to be a permanent feature of brick-and-motor stores, projected demand is uncertain. Target requests 12 spaces out of 206 which calculates to
5.8% of the parking spaces. Staff conservatively recommends that commercial centers with 50,000 ft2 of property area be allowed to designate up to 7.5% of the total number of approved parking spaces for the exclusive use of a tenant. For slightly smaller commercial developments, staff recommends that up to 5% of the parking spaces may be eligible for designation.
April 4, 2023, Reg CC Mtg., Page # 295
3 2) SHORT-TERM PARKING
See Section 4, Part C of the draft ordinance (Exhibit A) As with online retailing, technology and the pandemic have impacted consumer behavior of ordering online through Uber Eats, Grubhub, Doordash, and similar mobile orders. In response, staff recommends allowing property owners to designate parking as short-term only and self-enforce. Short-term parking is intended for vehicle stays lasting only for a few minutes. Typically, a short-term parking space has greater turnover and can accommodate more instances of vehicle parking, thus generating more revenue for the business. It also provides a space instead the drive aisle for medical lab pickup vans and armored bank trucks which are subject to time restraints.
The provisions of the draft ordinance would allow customers and delivery services to more conveniently find parking, and the designated spaces are typically located near the retail building’s doors. Ease or difficulty in picking up online or over the phone orders, especially at a food establishment, are considerations in a customer’s selection process.
One way to support our local businesses is to prescribe parking requirements that respond to societal changes and are not overly restrictive.
The proposed amendment would allow up to 5% of the provided parking spaces to be marked for short-term parking. Any business with 30 or more parking spaces may park in a short-term parking space. Shared short-term parking spaces increase the pool of potential users and thus better optimizes the parking space(s).
As a parallel, the City of Lomita’s Public Works Department already considers short-term street parking requests, and may approve such for the reasons stated. As opposed to administrative review or lengthy discretionary review, the amendment allows the landlord to decide the best way to establish these spaces, as well as make allows the landlord to make changes as needed. Implementation will be enforced by code enforcement. 3) PARKING LOT SIGNS
See Section 4, Parts D and E of the draft ordinance (Exhibit A) and Sign Examples (Attachment C)
The draft ordinance provides for three new parking lot signs related to proposed designated and short-term parking. The signage is typical of signs allowed by other jurisdictions or already used in Lomita.
CEQA
The proposed code amendment has been assessed in accordance with Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the California Environmental Quality Act (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 April 4, 2023, Reg CC Mtg., Page # 296
4 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).)
PUBLIC NOTICE
Notices of this hearing dated March 2, 2023, were published in the Daily Breeze Newspaper, and posted at City Hall and Lomita Park.
OPTIONS
1. Recommend approval to the City Council as recommended by staff.
2. Recommend approval to the City Council with amendments.
3. Provide staff with further direction.
ATTACHMENTS
1. Resolution with Exhibit 1 Draft Ordinance
2. Sign Examples
3. Letter from the Applicant
4. Notice of Exemption
Prepared by: Reviewed by:
Laura MacMorran Brianna Rindge, AICP
Associate Planner Community & Economic Development
Director
April 4, 2023, Reg CC Mtg., Page # 297
ATTACHMENT 2 PROPOSED SIGNS
Example of
a Designated Parking Space Sign
April 4, 2023, Reg CC Mtg., Page # 298
Example of a Beacon Sign
April 4, 2023, Reg CC Mtg., Page # 299
Example of a Short-Term Parking Space Sign
April 4, 2023, Reg CC Mtg., Page # 300
BRFI LOMITA, LLC
BRFI LOMITA II, LLC
C/o Balboa Retail Advisors, LLC; 11611 San Vicente Boulevard, Suite 900; Los Angeles, CA 90049 (310) 496‐4135 (Telephone); (310) 496‐4131 (Facsimile); www.balboaretail.com
VIA ELECTRONIC MAIL
March 7, 2023
City of Lomita
City Hall Offices
24300 Narbonne Avenue
Lomita, CA 90717
City Council Planning Commission
Barry M. Waite – Mayor Steve Cammarata
William D. Uphoff – Mayor Pro‐Tem Monica Dever
James Gazeley Michael Graf
Cindy Segawa Joaquin Santos
Mark. A Woronek Bob Steinbach
Brenda Stephens
Henry Sanchez Jr.
Re: 2130 Pacific Coast Highway
Zoning Text Amendment requesting twelve (12) dedicated drive‐up parking spaces for Target Corporation
Dear City Council Members and Planning Commissioners:
We would like to thank you in advance for your time and consideration of our proposed zoning text amendment requesting twelve (12) dedicated drive‐up parking stalls for curbside services for Target Corporation at 2130 Pacific Coast Highway.
The pandemic significantly accelerated consumer adoption of online shopping. The pandemic also highlighted the role of the physical stores fulfilling those online orders. The use of dedicated drive‐up stalls for curbside delivery services became a staple during the pandemic. A majority of retailers from grocery and general merchandise down to quick serve restaurants enhanced and/or incorporated this service to better fulfill online orders while observing health and safety protocols. Consumers continue to utilize this fulfillment option today, value the convenience, and expect it to be an alternative going forward. It has also proved to be a viable fulfillment alternative for the retailer.
Curbside service is one channel of an omnichannelretailstrategy that a majority of retailers are embracing today. This strategy provides more channels or ways for customer purchases, whether it is on mobile, web, or in stores, and more channels or ways to fulfill those purchases, whether it is in store, curbside, or delivery. Retailers have been deploying significant resources to enhance this strategy to provide a seamless shopping experience whether in store or online.
Attachment 4
April 4, 2023, Reg CC Mtg., Page # 301
2130 Pacific Coast Highway
March 7, 2023
Target began its curbside service on a pilot basis, branded “Drive‐Up”, in 2017. The service was expanded in 2018, before beginning widespread rollout in Spring 2019. In 2022, Target started adding its in‐store Starbucks cafes for drive‐up ordering and currently have 250 locations providing that service.
Target now is enabling customers to make drive‐up product returns at its stores. The company plans to offer the service at all its nearly 2,000 U.S. stores by the end of summer 2023. Curbside service is a key component to Target’s omnichannel business plan going forward.
When the shopping center at 2130 Pacific Coast Highway was originally entitled in the late 1970s, no one could have imagined the evolution of retail forty years later, the impacts of digital (both web and mobile), logistics and acute events such as a pandemic. As retail continues to evolve and change, the centers retailers occupy also need to be nimble to adapt to the changing needs of the retailers and their customers. That ability to adapt and change will provide the best foundation to attract and maintain retailers and ensure its customers are benefitting from the full breadth of services offered by the retailer.
Curbside service with dedicated drive‐up parking spaces is one important example of the continuing evolution of retail and the changing needs of retailers and its customers at their physical locations.
Attached to this letter are two surveys prepared by The International Council of Shopping Centers and Big Red Rooster, a JLL Company, respectively. Both discuss the continued evolution of retail, the use of its physical real estate and customers’ experiences and expectations of retailers. Although both surveys are notspecific to curbside services with dedicated drive‐up parking spaces, both touch upon thatspecific use in the broader context of the retail landscape.
If you have any questions prior to our scheduled planning commission and city council meetings, please feel free to contact me at (310) 496‐4140 or via electronic mail at [email protected] or Megan Smith at (310) 496‐4130 or via electronic mail at [email protected]. Thank you again in advance for your consideration of this zoning text amendment.
Sincerely,
BRFI Lomita, LLC
BRFI Lomita II, LLC
Adam L. Miller
Vice President
CC: Laura MacMorran – Associate Planner, City of Lomita Brianna Rindge – Community and Economic Development Director, City of Lomita Megan Smith – Balboa Retail Advisors, LLC
April 4, 2023, Reg CC Mtg., Page # 302
April 4, 2023, Reg CC Mtg., Page # 303
The Impact of COVID-19 on the Evolving Use of Retail Real Estate 2 Introduction
American retailers and commercial real estate (CRE) companies express strong condence that shoppers will visit stores in greater numbers in 2021 – a sign of resilience in an industry beset by the COVID-19 pandemic. After a year in which nearly every aspect of the store and shopping center experience has been modied to adhere to social distancing and other health precautions, retail executives and shopping center operators assert that the crisis is driving a wave of innovation that positions the industry to absorb future shocks.
To handle the sudden surge in click-and-collect shopping as cities locked down in 2020, parking lots became hubs for curbside pickup. As the economy reopened, stores recongured their layouts to keep shoppers and employees safe. While the industry looks ahead to the future, retailers and CRE rms say they’ll make targeted investments in digital marketing and online storefronts to keep up with the convergence of online and physical retail.
Results from this survey of retail and CRE leaders illustrate how the adoption of technology, shifts in merchandising and operational strategies, and safety precautions put in place during the pandemic will evolve in 2021 and beyond. Our research arms that an aggressive omnichannel approach anchored by a store network helped retailers manage through the pandemic. It also arms that in order to remain relevant and keep customers coming back to stores and centers, retailers and center operators alike need to continue to innovate and give consumers a taste of the future.
Objective, Methodology and Respondent Prole
From October 29 to November 10, 2020, an ICSC survey conducted by OnResearch, a market and consumer insights rm, polled U.S. real estate industry leaders — comprising 277 executives retailer companies and 107 representatives from commercial real estate (CRE) companies. The survey examined the actions brick-andmortar locations were taking in response to the COVID-19 pandemic; assessed how retailers and CRE companies had adopted or changed technology, merchandising, and logistics in response to COVID-19; and explored how these businesses planned to operate in the post-pandemic period.
The online survey employed a quota sample to ensure a minimum number of respondents across various sizes and regions. Survey respondents comprised senior director-level roles and above among retail respondents, and property manager-level roles and above in the CRE sector.
Survey participants included independent retailers with annual revenue under $45 million (small retailers), retailers with revenue from $45 million to $3 billion (mid-sized retailers), and large chains with revenue over $3 billion (large retailers). Among CRE companies, participants included rms with gross leasable area (GLA) under 6 million square feet (small CRE) and CRE companies with GLA over 6 million square feet (large CRE).
April 4, 2023, Reg CC Mtg., Page # 304
April 4, 2023, Reg CC Mtg., Page # 305
The Impact of COVID-19 on the Evolving Use of Retail Real Estate 4 Store layouts allowing for social distancing will continue to predominate inside stores, though retailers of dierent sizes indicate they’ll take dierent approaches to creating space between shoppers. Independent retailers were more than three times as likely as larger chains to say they plan to continue using one-way movement in stores (47% vs. 13%). By contrast, two-thirds of the largest retailers intend to stick with redesigned oorplans, compared to only 37% of smaller independent retailers. Take a trip to the national grocery chain or pharmacy in your area and you will likely see this already in play.
The safety precautions put in place to allow for safer trips to shopping centers have required new expenditures and created a host of new operational challenges. Among CRE respondents, for instance, 72% saw increases in their operational costs due to the implementation of new cleaning procedures, new signage and other protective measures. The same share of CRE rms said COVID-19 had compelled them to eliminate touchpoints, while half of these companies made changes so shoppers could drop in and complete their purchases quickly.
Many of these changes are in response to consumers becoming more purposeful with each trip in an eort to reduce dwell time and potential exposure to the virus. However, many may be here to stay. Over the course of the pandemic, ICSC has conducted a regular survey of 1,000 consumers gauging their sentiment on topics such as the economy, spending, and shopping and dining habits. Consistently, an overwhelming number (most recently 70%) indicated they would like to see the current safety protocols extended beyond the pandemic.
Historically, cleaning equipment and crews remained behind the scenes, with clean up taking place when customers were gone for the day; but, today, many retailers and centers are putting cleaning eorts front and center to demonstrate that safety is a priority.
Continuing Safety Precautions Over the Next 12 Months
CRE Plexiglass shields
at checkout
82%
Constantly sanitizing
high-trac areas
77%
Truncated
hours
74%
Retail
66%
Temperature
screening
60%
Complimentary
hand sanitizer
59%
Complimentary
masks
April 4, 2023, Reg CC Mtg., Page # 306
The Impact of COVID-19 on the Evolving Use of Retail Real Estate 5 Section 2: Business Metrics — Resilience and Optimism
U.S. unemployment in 2020 hit a high of 14.7%, the highest rate in the history of the data. Visitors to retail real estate properties dipped from a high point in February — at the start of the crisis — to April when lockdowns were in full swing. Mandatory closures of nonessential businesses, as well as general safety concerns, kept many shoppers at home during the early days of the pandemic, and in certain areas of the country, throughout the year.
Survey respondents conrmed the drop, with many of the retailers reporting greater decreases than increases in daily visitors and in-store sales because of the crisis. Among CRE respondents, the picture is mixed: A larger share said sales per square foot were up compared to those that reported declines. While 42% of CRE operators saw increases in visitors, 43% said that shopping center visits were down because of COVID-19. These results are not surprising when factoring in the role of essential retailers, such as grocers and pharmacies, in the pandemic as well as basket-size increases due to less frequent consumer visits.
Even with the drop in visits, there remains optimism for the future. Shopping center operators anticipate that properties will deliver better results across several business metrics over the next 12 months. This forecast includes 77% of CRE rms that expect higher sales per square foot, compared to just 5% of CREs that anticipate sales gures to fall. Eight in ten CREs predict an increase in the number of shoppers per day, and three out of four CRE respondents predict longer dwell times by shoppers.
Expectations of Sales Metrics to Increase
Retail
in-store sales
CRE sales
per square foot
within 6 months
63%
82%
24+ months
63%
89%
62%
within 6-12 months
77%
within 12-24 months
60%
74%
April 4, 2023, Reg CC Mtg., Page # 307
The Impact of COVID-19 on the Evolving Use of Retail Real Estate 6 Additionally, 60% of respondents said they anticipate foot trac to return to pre-COVID levels at their shopping centers within 12 months of containment of the virus. About a quarter of respondents believe shoppers will return to pre-COVID levels even sooner — within six months. The positive outlook for the year ahead isn’t limited to landlords. According to our recent 2021 Consumer Outlook Survey, more than half of consumers (54%) expect to resume pre-pandemic behaviors once it is safe to do so.
Retailers were equally optimistic about shoppers returning to their stores in the next 12 months. Across all sizes in the segment, 55% of respondents expected their in-store trac to return within 12 months. In a less optimistic outlook than CRE rms, only 15% of retailers believe that the volume of shoppers will return to pre-COVID levels within six months. Bottom line, most of our survey respondents believe people are eager to get out of their houses; however, retailers are less optimistic than their CRE counterparts.
The Consumer Outlook Survey also found that 43% of respondents said that within a year they would resume visits to malls at the same pace as pre-COVID levels, and 42% said they would visit brick-and-mortar retailers on a regular basis again.
It is clear that even with fewer store visits in the future, retailers are counting on the trend of larger basket sizes to continue. Half of retailers anticipate that in-store revenue will account for more or signicantly more of their total sales revenue in the coming year. Smaller independent retailers were less optimistic about the short-term future, however. Sixty-ve percent of consumers indicated that, in 2021, they will try to make more purchases from small/local businesses, which could result in strong sales.
April 4, 2023, Reg CC Mtg., Page # 308
April 4, 2023, Reg CC Mtg., Page # 309
The Impact of COVID-19 on the Evolving Use of Retail Real Estate 8 fulllment operations. For retailers this often meant pulling inventory from a store to fulll click-and-collect orders from the 34% of consumers taking advantage of the option each month. The impact on CREs was dedicating space for consumers to pick up their purchases while observing health and safety protocols.
Our study found that two in three retailers (66%) across all sizes expanded the number of stores oering in-store fulllment of online purchases in response to COVID-19. The smallest retailers made the biggest adjustments — 73% added click-and-collect options at stores — as rising demand for e-commerce hit Main Street and provided a lifeline to struggling businesses. In looking ahead, a third of retailers recognize that a primary draw to physical locations will continue to be the ability of consumers to make online purchases they can then pick up at the store.
Executing the logistical challenges of getting orders out of warehouses or stores and into the hands and personal vehicles of shoppers has spurred other changes as well. Pickup locations stretched beyond the store and into the parking lot where curbside pickup became a staple. In fact, three in four CRE rms reported using their parking lots to accommodate online order fulllment and 56% said they are currently using at least half of their parking space for curbside pickup of online orders. The dedication of this space is unlikely to change in the future as consumers have not only come to expect this convenience, but 41% plan to continue using it post-pandemic.
As previously noted, nearly half (47%) of retailers have made technology and digital infrastructure investment their top priority since the onset of the pandemic. With those investments now underway, retailers of all sizes are looking to shift their focus to future marketing eorts.
More than half (56%) of retailers expect to prioritize digital over in-store investments as part of their marketing outlays in the year ahead. Among large retailers, 78% say their marketing campaigns will focus on their eorts to enhance the digital customer experience, as well as growing online sales, brand positioning and ensuring customers are aware of the health and safety protocols that have been implemented. While CRE rms are less focused on the online sales channel, their focus will also include health and safety measures as well as ways to help drive foot trac to pre-pandemic levels.
Online Order Fulfillment Will
Be Essential to Ensuring
Physical Stores Remain
Financially Viable Post-COVID
77%
CRE
71%
Retail
April 4, 2023, Reg CC Mtg., Page # 310
The Impact of COVID-19 on the Evolving Use of Retail Real Estate 9 Conclusion
As the cases of COVID-19 have risen and fallen across the country so too has the percentage of people who are comfortable following their typical daily routines. In our October 2020 consumer survey, 46% of respondents said they were engaging in a “normal” level of outside-of-home activity. That percentage is sure to rise as the virus subsides and consumers feel safe spending more time away from home. The extraordinary challenges that retailers and CRE companies have faced throughout the pandemic have placed tremendous strain on the teams that keep stores, shopping centers, and e-commerce operations running. We are wholeheartedly appreciative of the commitments to customer and employee safety as the emergency around the pandemic evolves.
The public should feel assured, whether they choose small, independent retailers or do their shopping at larger centers, that the eorts to keep people safe are being implemented in accordance with the most accurate public health guidance — from displaying signage promoting good safety practices and creating one-way movement through stores to designing oorplans to allow for social distancing The pandemic has accelerated the adoption of industry trends such as click-and-collect shopping, that were already underway before the crisis. Now, there’s even greater integration between digital and physical channels and more investment in infrastructure and operations that oer greater exibility and convenience to the customer. Our survey demonstrates that stores will continue to account for growth and remain essential to the shopping experience; however, that experience will likely look and feel quite dierent.
The long-term strength of the CRE industry is critical to communities across the country. Retailers have demonstrated throughout this crisis that they are capable of meeting demand, both online and in person. We are excited to see how the industry will continue to change and innovate during these challenging times.
April 4, 2023, Reg CC Mtg., Page # 311
ICSC is the preeminent membership organization serving retail and real estate professionals. Our members believe ICSC’s unparalleled programs and services are the most ecient and eective way to develop relationships, facilitate transactions, share insights and shape public policy and perception.
ICSC.com | #ICSC © 2021 ICSC
April 4, 2023, Reg CC Mtg., Page # 312
April 4, 2023, Reg CC Mtg., Page # 313
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April 4, 2023, Reg CC Mtg., Page # 319
NOTICE OF EXEMPTION
Project Title: Zone Text Amendment No. 2023-02
Project Description: A request to amend Title XI Chapter 1 Sections 11-1.15(D) and 11-
1.15(S) (Definitions), Section 11-1.66.05 to modify off-street parking regulations and Article 67 to modify sign regulations, which would allow for designated commercial parking spaces and short-term commercial parking spaces and related signage. Filed by BRFI LOMITA II, LLC, 11611 San Vincente Boulevard, Suite 900, Los Angeles, CA 90049 (Applicant) Finding:
The City Council of the City of Lomita has reviewed the above proposed project and found it to be exempt from the provisions of the California Environmental Quality Act (CEQA).
Ministerial Project
Categorical Exemption
Statutory Exemption
Emergency Project
Quick Disapproval [CEQA Guidelines, Section 15270]
No Possibility of Significant Effect [CEQA Guidelines, Section 15061(b)(3)] Supporting Reasons: The zoning text amendment would allow only minor physical changes in the form of new small identification and informational signs. In accordance with Section 15061(b)(3) 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. (Date) Laura MacMorran
Associate Planner
Community Development Department
Planning Division
24300 Narbonne Avenue
Lomita, CA 90717
310/325-7110
FAX 310/325-4024
Attachment 5
April 4, 2023, Reg CC Mtg., Page # 320