shared-parking policies to improve the efficiency of existing parking resources. Tim was the Kittelson project manager for this effort.
City of Montebello General Plan and Downtown Specific Plan Update, Environmental Impact Report, and VMT Implementation; Montebello, CA. Kittelson is developing the updated circulation element for the City of Montebello General Plan Update and their Downtown Specific Plan area. Kittelson is updating the mobility element’s goals, policies, and a circulation network to accommodate the City’s envisioned land use and circulation buildout. The plan will provide an enhanced network of trails, enhance pedestrian and bicycle mobility and promote a vibrant and walkable downtown area and near rail stations. Tim is serving as project principal, leading development of the general plan update.
City of Lake Forest General Plan Update and Environmental Impact Report; Lake Forest, CA. Tim managed the evaluation of the build-out of the City’s land use program, which included the determination of potential effects to the circulation network throughout the city. Specialized assessments were conducted to identify the anticipated effect of emerging transportation technologies (such as transportation-networking companies and connected/automated vehicles) will have on the roadway networks, including the potential to reduce citywide vehicle-miles travelled.
City of La Verne Active Transportation Plan / General Plan Circulation Element; La Verne, CA. Tim was the project principal for the development of the first Active Transportation Plan for the City of La Verne. Kittelson identified existing bicycle and pedestrian travel patterns and conflict points and conducted outreach to identify key destinations and constraints from the public. The project team proposed new bicycle routes, enhanced bicycle facilities, and improvement pedestrian facilities to encourage additional walking and biking citywide. Kittelson also coordinated policies and objectives with the ongoing General Plan Amendment, for which they are leading the preparation of the Circulation Element and preparing the evaluation to support the environmental document. Both studies have included extensive outreach and stakeholder engagement, and close coordination with City staff.
City of Glendale Land Use and Circulation Element Update/Transportation Impact Fee/SB 743 Implementation/Travel Demand Model Update; Glendale, CA. Kittelson is currently developing an updated circulation element for the City of Glendale and updating its citywide travel demand model. As part of this effort, Kittelson is prepared a VMT estimating tool for the City and developed its updated SB 743-compliant transportation impact study guidelines. Tim is leading coordination efforts with the City as its future land use plan, future circulation plan, SB 743 guidelines, travel demand model, and VMT estimating tools are being developed to ensure consistency between these multiple overlapping efforts.
City of San Marcos General Plan Update/ Environmental Impact Report and Transportation Analysis Guidelines; San Marcos, CA. Kittelson is developing the updated mobility element for the City of San Marcos General Plan Update and the technical analysis to support the EIR document. Tim oversaw the multiple efforts taking place as part of this project, including the development of the mobility element and its analysis as part of the EIR, as well as the City’s determination of appropriate analysis criteria and guidelines. The project includes the assessment of complete streets and active transportation facilities to improve circulation and access throughout the city. In addition, Tim led the establishment of a new Transportation Impact Analysis Guidelines, which outlined the CEQA and non-CEQA technical and qualitative assessments required for new development and transportation infrastructure projects. In particular, the Guidelines was developed through extensive collaboration with City staff and research of bestpractices throughout California and included requirements for Vehicle-Miles Traveled (VMT), Level of Service, site access/circulation, transit, active transportation, and loading conditions.
City of San Jacinto General Plan Update and Environmental Impact Report, San Jacinto, CA. Tim is the transportation project manager for the update to the Circulation Element to the City’s General Plan and Environmental Impact Report. Key elements of this effort include the identification of existing and future needs for circulation, active transportation, parking, transit, and goods movement networks. Output from the RIVTAM travel demand model is being used to determine future growth in the area, including addressing the effect of major transportation infrastructure projects.
May 2, 2023, Reg. CC Mtg., Page # 384
FERNANDO SOTELO, PE | ASSOCIATE ENGINEER
EDUCATION
MS, Civil Engineering
(Transportation), University
of Southern California
BS, Naval Engineering,
University of Sao Paulo,
Brazil
YEARS OF EXPERIENCE
23 LICENSES/CERTIFICATIONS
Professional Traffic
Engineer: CA
AFFILIATIONS
Institute of Transportation
Engineers
Orange County Traffic
Engineers Council
Institute of Noise Control
Engineers
Fernando Sotelo has extensive experience in CEQA and the technical aspects of transportation planning, including travel demand forecasting, traffic impact analyses, and parking demand studies. His professional experience with traffic and parking analyses includes several schools and a variety of land development uses, such as warehousing, mixed use, commercial, and recreation projects in southern and northern California. Fernando understands the complexities of transportation planning and has prepared transportation sections for EIRs for major projects such as general plan updates and specific plans. He focuses particular attention on issues such as vehicular circulation, site access, queuing, and pedestrian routes to school and safety. Fernando has also been involved with assisting cities in the implementation of VMT metrics for CEQA review to comply with SB 743. These efforts include reviewing strategies and programs to identify reductions to the use of single occupancy automobile use, promote the use of TDM measures to reduce VMT from land use projects, and identify potential VMT reduction programs.
PROJECT EXPERIENCE
Fontana Downtown Core Project; Fontana, CA. Kittelson developed a circulation plan with substantial modifications to the downtown area and prepared a transportation analysis for proposed Downtown Core Project. Fernando served as the technical lead and project manager. The downtown area includes the Fontana Metrolink Station and City Hall. The Project consists of transit-oriented development and changes to parking and an enhanced bike and pedestrain network to invigorate redevelopment and encourage a mixed-use environment. Kittelson provided conceptual designs to accommodate a substantial amount of traffic, bicycle and pedestrain activity in the area, while considering constraints with the available roadway right of way. Several concepts were considered including roundabouts at key intersections, angled and parallel parking configurations, and several bike and transit facility configurations.
City of Baldwin Park Downtown Transit Oriented Development (TOD) Specific Plan; Baldwin Park, CA. Fernando served as the technical lead for the transportation evaluation and parking management plan for a transit-oriented development specific plan in downtown Baldwin Park. To improve access and circulation to the Baldwin Park Metrolink Station, Fernando assessed the potential for modifications to adjacent roadways, including changes to the lane configurations, on-street parking locations, and sidewalks/bicycle facilities. The parking management plan for the specific plan is including several parking management strategies to better utilize the existing parking supply, and to adequately accommodate the future mix of land uses while meeting the objectives of the specific plan. The management plan included strategies such as adopting parking occupancy and turnover targets, incentivizing shared parking for mixed used development areas, unbundled parking and more.
City of Lawndale General Plan Update/Hawthorne Boulevard Specific Plan; Lawndale, CA. Fernando is the Kittelson project manager for the preparation of an updated Circulation/Mobility Plan for the City of Lawndale. This plan addresses existing and future circulation issues, including the proposed extension of the Metro Green Line through the city. As part of this effort, citywide goals and policies are being developed to improve active transportation and account for new vehicle-miles traveled (VMT) metrics. In addition, the proposed rezoning of parcels along Hawthorne Boulevard is being explored to facilitate development of higher density residential uses and mixed-use commercial zones. As LA Metro is planning for a new commuter rail service throughout the area, potential rezoning and enhancements to access and circulation are being explored.
May 2, 2023, Reg. CC Mtg., Page # 385
FERNANDO SOTELO, PE | Associate Engineer
Rancho Palos Verdes Nature Preserve Traffic Mitigation Plan; Rancho Palos Verdes, CA. Kittelson assisted the City of Rancho Palos Verdes with development of a Parking and Traffic Management Plan for Forrestal Reserve. The plan consisted of parking and circulation features to address existing neighborhood traffic and safety concerns. The plan considered several parking and roadway configurations and pros and cons to balance safety, traffic flow, and available right of way. Kittelson provided conceptual plans for two scenarios, including parking stall dimensions, access gates, mini-roundabouts, sidewalks, crosswalks, and a system to count vehicles, pedestrians, and bicycles.
Cost estimates were provided to implement the plan. The plan consisted primarily of low-cost measures that can be easily modified, should the need arise. Fernando was the project manager.
Palos Verdes Drive Intersection Control Evaluation (ICE); Rancho Palos Verdes, CA. Kittelson prepared intersection control evaluations for the intersections of Costa De Las Islas/Palos Verdes Drive South and Wayfarers Church driveway/Palos Verdes Drive South. The analyses consisted primarily of a review of existing traffic and site conditions and an evaluation of intersection sight distance and stopping sight distance using guidance from AASHTO’s A Policy on Geometric Design of Highways and Streets (2018). Kittelson reviewed speed surveys, site plans and surveys, and conducted a site reconnaissance to review existing conditions. The analysis identified approaches that had adequate sigh distance and where improvements would be needed. Fernando was the project manager.
City of Montebello General Plan Update, Environmental Impact Report, and Transportation Impact Guidelines; Montebello, CA. Kittelson is developing the updated circulation element for the City of Montebello General Plan Update and their Downtown Specific Plan area. Kittelson is updating the mobility element’s goals, policies, and a circulation network to accommodate the City’s envisioned land use and circulation buildout. The plan will provide an enhanced network of trails, enhance pedestrian and bicycle mobility and promote a vibrant and walkable downtown area and near rail stations. Fernando is serving as the lead for the technical analyses to review transportation impacts under CEQA.
City of Indian Wells General Plan Update and Environmental Impact Report; Indian Wells, CA. Fernando is the project manager to manage the City of Indian Wells General Plan Update. Kittelson is updating mobility elements and traffic impact study guidelines for the City of Indian Wells General Plan Update and the technical analysis to support the EIR document. Fernando manages the day to day project activities, coordinates with city staff and supports multiple tasks of this project, including the development of the mobility elements, and the SB 743 VMT guidance in traffic impact analysis guidelines.
Costco Warehouse Reconfiguration Project Traffic Impact Study, Culver City, CA. Fernando is the project manager for the impact study for the fuel station relocation project at the Costco Warehouse site at Washington Boulevard in Culver City. The project consists of the demolition of the existing Costco Gasoline fueling station on the southeast portion of the site and general retail buildings on the southwest portion of the site, and the construction of a new Costco Gasoline fueling station in the southwest portion of the site. Fernando is also coordinating with designers to review the design of a mini roundabout, configure internal truck loading areas and to review internal circulation for the site and reviewing the potential for queuing on and off-site. In addition, a VMT analysis is being prepared to evaluate potential impacts for this project according to new SB 743 requirements.
Beverly Hills Transit Needs Assessment; Beverly Hills, CA. Fernando served as project principal and lead tasks of the community outreach for this project. This project consisted on understanding how well the City of Beverly Hills’ residents, employees, and visitors are being served by the city’s existing transit network and explore options to better connect the city to the westside and the greater Los Angeles region at two upcoming subway stations being built as part of the Metro Purple Line Extension project.
Parking Management Plan for the Bellflower Station TOD Specific Plan; Bellflower, CA. Fernando served as the technical lead for the preparation of the parking management plan for a transit-oriented development specific plan in Bellflower. The parking management plan was developed to accommodate future parking demand associated with a future light rail station and a mix of uses within an area of approximately 400 acres. The parking management plan was prepared to provide strategies to better manage parking resources, accommodate future parking needs with implementation of the Specific Plan, and provide appropriate funding mechanisms for the parking program.
May 2, 2023, Reg. CC Mtg., Page # 386
MICHAEL SAHIMI, AICP | SENIOR PLANNER
EDUCATION
Master of Urban and
Regional Planning,
Transportation Policy and
Planning, University of
California, Los Angeles
BA Urban Studies,
University of California,
Irvine
BA Criminology, Law, and
Society, University of
California, Irvine
YEARS OF EXPERIENCE
8 CERTIFICATIONS
Certified Planner, American
Institute of Certified
Planners (#32066)
AFFILIATIONS
American Planning
Association, Member
Michael Sahimi is a transportation planner with experience conducting CEQA and non-CEQA transportation assessments for development projects throughout the state. Relevant experience includes traffic operations, environmental analysis, travel demand modeling and forecasting, circulation studies, and parking studies. He also has experience in active transportation, safety analysis, and transit planning projects. Michael’s active transportation work has included citywide active transportation plans, conceptual designs, and safety analyses. He has also assisted local jurisdictions with preparing SB 743- consistent transportation analysis guidelines.
PROJECT EXPERIENCE
City of Gardena Housing Element Update; Gardena, CA. The City of Gardena is in the process of updating its Housing Element in order to accommodate local and regional housing needs in the coming decades. As part of this process, the City’s consultant team is preparing a full environmental impact report (EIR).
Michael is serving as the project manager for the transportation analysis, which will include both CEQA and non-CEQA assessments. As the transportation lead, Michael is currently working with the City to determine the appropriate VMT metrics and impact criteria for assessing this citywide project.
City of San Marcos General Plan Update and Environmental Impact Report (EIR); San Marcos, CA. Kittelson is developing the updated mobility element for the City of San Marcos General Plan Update. As part of the General Plan Update effort, Michael led the development of the City’s updated SB 743-consistent traffic study guidelines; Michael worked with City staff to develop guidance for both VMT and LOS analysis for development projects within San Marcos.
Michael is also working to prepare a VMT reduction spreadsheet tool for development projects within the city. He has prepared information for the City related to VMT mitigation fee options (e.g., impact fees, mitigation banks, and mitigation exchanges) and is currently preparing a memorandum with implementation steps and considerations. Michael also developed transitadjacent parking and TDM ordinances to assist with CAP implementation. He is currently working on preparing the updated Mobility Element, including goals, policies, and the future multimodal networks.
City of Glendale Land Use and Circulation Element Update/Transportation Impact Fee/SB 743 Implementation/Travel Demand Model Update; Glendale, CA. Kittelson is currently developing an updated circulation element for the City of Glendale and updating its citywide travel demand model. As part of this effort, Kittelson prepared a VMT estimating tool for the City and developed its updated SB 743-compliant transportation impact study guidelines. Michael worked with the City to develop its VMT thresholds and criteria and incorporated them into its SB 743-consistent guidelines before the July 1, 2020 deadline. Michael also worked with staff to develop the City’s off-model VMT estimating tool, which will be used to streamline VMT assessments for new development projects in place of running the full travel demand model. In addition, Michael has been coordinating TDM research and tool development to assist the City in mitigating development projects’ VMT impacts.
Norwalk Citywide Bicycle Master Plan; Norwalk, CA. Kittelson recently prepared the Caltrans grant-funded Bicycle Master Plan (BMP) to improve bicycling conditions in the city and improve connectivity to local and regional destinations. The project included substantial public outreach efforts, including coordination with a Bicycle Advisory Committee (BAC) and several community workshops. As project manager, Michael led the existing conditions analysis and conducted an inventory of existing facilities, opportunities, and constraints in and around the city; he also led the development of bikeway recommendations. He worked with Kittelson designers to prepare conceptual graphics illustrating potential bicycle facility improvements in the city, which were incorporated into the final plan document.
May 2, 2023, Reg. CC Mtg., Page # 387
MICHAEL SAHIMI, AICP | Senior Planner
Hotel Development Standards General Plan & Zoning Code Amendment Project; Gardena, CA. Kittelson conducted a CEQA VMT analysis for this general plan and zoning code amendment in Gardena using the City’s recently developed SB 743-consistent traffic study guidelines. The City was aiming to amend the general plan and zoning code to allow for the development of hotels with increased floor area ratio (FAR). Michael led the transportation analysis, determining which potential project sites would be screened out of VMT impact analysis. For locations that would not be screened out, Michael prepared a menu of potential VMT mitigation measures to reduce employee VMT to less-than-significant levels, using statewide and local TDM guidance 1108 W 141st Street General Plan Amendment & Zone Change Project; Gardena, CA. Kittelson conducted a CEQA VMT impact analysis and a local transportation assessment for this mixed-use project in Gardena, using the City’s SB 743-consistent traffic study guidelines. Michael led the transportation analysis, determining that the project’s hotel component would not screen out of a VMT impact analysis and conducting a VMT assessment of the hotel using the City’s spreadsheet-based VMT tool. Due to the significant employee VMT impacts, Michael used statewide and local TDM guidance to propose a mitigation measure to reduce employee VMT to less-than-significant levels.
City of Montebello General Plan Update, Environmental Impact Report (EIR), and VMT Implementation; Montebello, CA. Kittelson is developing the updated circulation element for the City of Montebello General Plan Update and their Downtown Specific Plan area. Kittelson is updating the mobility element’s goals, policies, and a circulation network to accommodate the City’s envisioned land use and circulation buildout. The plan will provide an enhanced network of trails, enhance pedestrian and bicycle mobility and promote a vibrant and walkable downtown area and near rail stations. Michael is contributing to the development of the mobility/parking strategy, policies, and actions, and is leading the development of the City’s SB 743-consistent transportation impact analysis guidelines.Broadway and Anaheim Boulevard Intersection Control Evaluation; Anaheim, CA. Kittelson led the collection of 24-hour vehicle counts and used peak-hour data for an Intersection Control Evaluation of Broadway and Anaheim Boulevard to assess the potential benefits of a roundabout. Michael led the analysis, comparing the operational analysis for a roundabout alternative against the existing traffic signal operations. He also prepared recommended facilities to accommodate bicyclists and pedestrians and worked with designers to prepare a conceptual roundabout design for the city.
City of La Verne General Plan Update and Environmental Impact Report (EIR); La Verne, CA. Kittelson developed the circulation and mobility sections of the General Plan Update for the City, including mobility-related policies and objectives with respect to automobile, active transportation, transit and freight circulation, and on- and off-street parking. Michael led the review of multimodal existing conditions and the development of the Mobility Element goals and policies. He is also leading the EIR transportation analysis for this project.
City of Lake Forest General Plan Update and Environmental Impact Report (EIR); Lake Forest, CA. Kittelson conducted a transportation analysis for the Lake Forest General Plan Update and Environmental Impact Report (EIR) document as well as developed the General Plan's transportation policies and objectives. Michael’s role included examining existing transportation conditions to establish a baseline and understand the city’s transportation needs; he developed the mobility element with goals, policies, and a circulation network to accommodate the City’s buildout. As part of the environmental documentation, Michael assisted in incorporating land use alternatives into the City’s travel demand model, prepared a transportation analysis for the EIR, and worked with the City to develop SB 743-consistent VMT metrics to assess the General Plan Update’s transportation impacts under CEQA.
County of San Bernardino General Plan Update and Environmental Impact Report (EIR); San Bernardino CA. With a previous employer, Michael was part of the consultant team that worked on updating the General Plan for the County of San Bernardino, as well as worked on the environmental impact report to support the General Plan Update. In addition to researching existing conditions in the County’s unincorporated communities to establish a baseline for the update, Michael led modeling efforts for the project. Specifically, Michael tested various land use scenarios for the County, which involved numerous socioeconomic data modifications and full model runs of SBTAM through TransCAD to assess the potential implications of different land use growth patterns.
May 2, 2023, Reg. CC Mtg., Page # 388
JOHN GUST
Task Manager and Principal Investigator for Archaeology
EDUCATION
2016 Ph.D., Anthropology, University of California, Riverside (UCR) 2011 M.A., Anthropology, UCR
2007 M.A., Applied Geography, University of Colorado, Colorado Springs (UCCS) 2002 B.A., Anthropology, minor in Geography/Environmental Studies, UCCS
SUMMARY OF QUALIFICATIONS
Dr. Gust is a Registered Professional Archaeologist (RPA) with over 11 years of experience in field archaeology. His field expertise includes pedestrian surveys, excavation monitoring, resource recording, and historic artifact analysis. Dr. Gust has extensive experience in California cultural resources, having served as Principal Investigator on projects for the City of San Juan Capistrano, Southern California Edison, Pacific Gas and Electric, the City of San Jose, Los Angeles International Airport, and the City of Morro Bay. He has managed a variety of projects at Cogstone in the water, transportation, energy, development, and federal sectors. He has also managed cultural resources monitoring projects for both public and private sector clients. He meets the qualifications required by the Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation. Dr. Gust is a member of the Society for California Archaeology, Society for American Archaeology, and the American Anthropological Association.
SELECTED PROJECTS
Camino Capistrano Mixed-Use Project, City of San Juan Capistrano, Orange County, CA. Cogstone conducted a cultural and paleontological resources assessment to determine the potential impacts to cultural and paleontological resources during the project, which consisted of the retention and rehabilitation of two National Register of Historic Places (NRHP)-listed adobe buildings; reconstruction of a contributing barn that was recently dismantled and stored onsite; removal, offsite relocation, and rehabilitation of a second contributing barn that is extant; and the construction of three new buildings.
The project area and vicinity are known to be archaeologically sensitive areas. Cogstone’s services included records searches, a Sacred Lands File search from the Native American Heritage Commission (NAHC), a pedestrian survey, and the preparation of a Cultural and Paleontological Resources Assessment Report. Site updates were prepared on California Department of Parks and Recreation (DPR 523) forms for the two previously recorded adobe buildings. The City of San Juan Capistrano was the lead agency under the California Environmental Quality Act (CEQA). Sub to 31871 Camino Capistrano LLC. 2023-ongoing
University of California Natural Reserve System San Joaquin Marsh Reserve Water Conveyance and Drainage Improvement Project, City of Irvine, Orange County, CA. Cogstone conducted a cultural and paleontological resources assessment to determine the potential impacts to cultural and paleontological resources for the proposed long-term water management improvements and habitat value of the Marsh Reserve. Services included pedestrian survey, records searches, Sacred Lands File search from the NAHC, background research, subsurface testing, and reporting. Due to the proximity of the project to the San Diego Creek, the project required a Clean Water Act Section 404 permit from the United States Army Corps of Engineers (USACE) and Section 106 National Historic Preservation Act (NHPA) compliance. The University of California acted as the lead CEQA agency and USACE acted as lead agency under the National Environmental Policy Act (NEPA). Sub to Moffat & Nichol. Task Manager and Principal Investigator for Archaeology. 2020-2021 Well 28 Project, City of Orange, Orange County, CA. Cogstone conducted a cultural and paleontological resources assessment to determine the potential impacts to cultural and paleontological resources for the proposed construction of a new well and pumping station. Cogstone May 2, 2023, Reg. CC Mtg., Page # 389
cogstone.com
conducted records searches, a built environmental survey, background research, and prepared a final report supporting the IS/MND. The study was completed in compliance with CEQA and the Secretary of the Interior’s Standards for Treatment of Historic Properties. The City of Orange acted as lead agency under CEQA. Sub to EDP Solutions, Inc. Principal Investigator for Archaeology. 2020 San Juan Hills Green Cathodic Protection Project, City of San Juan Capistrano, Orange County, CA.
Cogstone conducted cultural and paleontological monitoring and managed Native American monitoring during hydro-vacuuming and bore drilling for installation of cathodes designed to curtail erosion of underground water lines. No cultural or paleontological resources were identified during monitoring. Upon completion of construction, Cogstone prepared a Cultural and Paleontological Resources Monitoring Compliance Report. Task Manager and Principal Investigator for Archaeology. 2020
Dominguez Bike Path, City of Carson, Los Angeles County, CA. Cogstone conducted a cultural and paleontological resources assessment to determine the potential impacts to cultural and paleontological resources during the proposed construction of a 12-foot wide asphalt bike path located on approximately 1.13 linear miles along the northern embankment of the Macco Channel and along the eastern embankment of the Dominguez Channel within the Los Angeles County Flood Control District right-of-way. Cogstone’s services included records searches, a Sacred Lands File search from the NAHC, intensive cultural, paleontological, and built environment surveys, and preparation of a Cultural and Paleontological Resources Assessment Report. One historic builtenvironment resource, a segment of the Dominguez Channel Levee System, was recorded on DPR 523 forms and evaluated for historic significance. The assessment report complied with the requirements of CEQA with the City of Long Beach acting as the lead agency. Due to the possible impacts on waterways, USACE requires Project proponents to obtain a Clean Water Act (CWA) Section 404 permit. The USACE is the lead agency under the CWA and Section 106 of the NHPA.
Sub to Geode Environmental. Task Manager and Principal Investigator for Archaeology. 2022 San Juan Capistrano Memory Care Development Project, City of San Juan Capistrano, Orange County, CA. Cogstone conducted cultural and paleontological resources monitoring and managed Native American monitoring during construction of an adult memory care facility with associated parking and exterior lighting. Payomkawichum Kaamalam provided Native American monitoring for the project. A total of six ecofacts and one artifact was observed and collected. One artifact was recorded on DPR 523 forms. Upon completion of monitoring, Cogstone prepared a Cultural and Paleontological Resources Monitoring Compliance Report. Sub to Protea Capital Partners. Task Manager and Principal Investigator for Archaeology. 2019-2021 The Groves Senior Affordable Apartments, City of San Juan Capistrano, Orange County, CA.
Cogstone provided archaeological and paleontological resources monitoring and documentation services for ground-disturbing activities including clearing and grubbing, soil remediation, site excavation and grading, footing excavations, street widening, utility trenching, and any other required tasks. Cogstone also managed Native American monitoring and scheduling. Cogstone provided an archaeologist who was cross-trained in paleontology to provide substantial cost-savings for the developer. A final Cultural and Paleontological Resources Monitoring Compliance Report was prepared at the conclusion of ground-disturbing activities for the Project. Sub to C&C Development.
Task Manager and Principal Investigator for Archaeology. 2020-2022 May 2, 2023, Reg. CC Mtg., Page # 390
SHANNON LOPEZ
Architectural Historian
EDUCATION
2022 Certificate in Historic Preservation, The Boston Architectural College, Boston 2018 M.A., History (with an emphasis in architecture), California State University, Fullerton 2012 B.A., History, Minor in Asian-Pacific Studies, California State University, Dominguez Hills
SUMMARY QUALIFICATIONS
Ms. Lopez is a qualified architectural historian with over five years of experience who meets or exceeds the Secretary of the Interior’s Standards and Guidelines for Architectural History. Her experience includes architectural history research and surveys with photo documentation and recording of built environment resources for local and federal projects. She has extensive knowledge with Native American consultation, consultation with local and state historical societies, and in the analysis of primary and secondary sources. Ms.
Lopez is acknowledged as an approved Architectural Historian by Caltrans and is listed as a Principal Investigator on Cogstone’s Bureau of Land Management (BLM) Cultural Resources Use Permit. She is accepted as a Principal Investigator for Architectural History and History by the State Historic Preservation Office (SHPO).
Additionally, she is an approved Reader at the Huntington Library by the Los Angeles Office of Historic Resources.
SELECTED EXPERIENCE
San Gabriel River Commuter Bikeway and Big Dalton Wash Commuter Bikeway, City of Baldwin Park, Los Angeles County, CA. Cogstone conducted a cultural and historic built environment resources assessment to determine the potential impacts to cultural and historical resources for the proposed construction of approximately five miles of new bikeway/pedestrian pathway. Services included pedestrian surveys, records searches, a Sacred Lands File search from the Native American Heritage Commission (NAHC), preparation of California Department of Parks and Recreation 523 (DPR 523) forms, National Register of Historic Places (NRHP) eligibility assessments, and reporting. The project required a Section 408 permit from the United States Army Corps of Engineers (USACE) due to the proximity of the federally managed San Gabriel River and tributaries.
All work was completed in compliance with Section 106 of the National Historic Preservation Act (NHPA). The City of Baldwin Park acted as lead agency under the California Environmental Quality Act (CEQA). Sub to Infrastructure Engineering Corporation. Architectural Historian. 2020-2021 City of San Juan Capistrano, In-N-Out 31791 Del Obispo Street, San Juan Capistrano, CA.
Cogstone conducted a Historic Resources Project Review to determine potential impacts to historical resources resulting from the proposed construction of a 3,897 square foot In-N-Out Restaurant with a drive-through and related site improvements on two adjoining lots totaling 1.77 acres. Cogstone’s services included a cultural resources records search, built environment survey, updates to existing DPR 523 forms, NRHP eligibility assessments, and preparation of a Historic Resource Project Review Report. Cogstone also reviewed design plans of the proposed commercial building for compatibility with the NRHP-listed Blas Aguilar Adobe and attended an in-person public hearing with the public and the San Juan Capistrano Cultural Heritage Commission. The assessment was completed in compliance with the requirements of CEQA with the City of San Juan Capistrano as the lead agency under CEQA. Architectural Historian. 2021
Irvine General Plan Update, Phase II, City of Irvine, Orange County, CA. Cogstone conducted a study to review and summarize available information regarding known paleontological, archaeological, and historical resources within the boundaries of the City of Irvine to support the Phase II update of the City’s General Plan. A general analysis of impacts of future projects within the City of Irvine that may adversely affect paleontological, archaeological, or historic resources was provided along with mitigation recommendations. Sub to PlaceWorks. Architectural Historian. 2018-2019 May 2, 2023, Reg. CC Mtg., Page # 391
cogstone.com
Well 28 Project, City of Orange, Orange County, CA. Cogstone conducted a cultural and paleontological resources assessment to determine the potential impacts to cultural and paleontological resources for the proposed construction of a new well and pumping station.
Cogstone conducted records searches, a built environmental survey, background research, and prepared a final report supporting the IS/MND. The study was completed in compliance with CEQA and the Secretary of the Interior’s Standards for Treatment of Historic Properties. The City of Orange acted as lead agency under CEQA. Sub to EDP Solutions, Inc. Architectural Historian. 2020 Bloomington Affordable Housing Project-Phase III, Community of Bloomington, San Bernardino County, CA. Cogstone conducted an assessment to determine the potential effects to cultural and paleontological resources resulting from construction of the proposed construction an affordable housing apartment complex and community amenities. Two historic homes, built in 1912 and 1947, within the APE were assessed. The project utilized funding through the United States Department of Housing and Urban Development, and thus the cultural resources work required compliance with Section 106 of the NHPA. Sub to Michael Baker International. Architectural Historian. 2018 Desert Sage Wellness Center, City of Hemet, Riverside County, CA. Cogstone completed a NRHP eligibility re-evaluation for a proposed historical ranching line camp on behalf of the California Area Office Indian Health Service. This study was performed pursuant to Section 110 of the NHPA.
Services included an archaeological and architectural pedestrian survey, cultural records search, DPR 523 form updates, public outreach, additional research, and reported updates to the California SHPO. Architectural Historian. 2018
Character Defining Features (CDF) Assessment for Contributing Buildings and Structures at Marine Corps Recruit Depot Parris Island, SC. Cogstone assessed CDFs for contributing resources to the Mainside Historic District and individually eligible historic properties at Marine Corps Recruit Depot Parris Island, South Carolina. The study was conducted to determine which elements of the buildings and structures of the historic district were CDFs for the elements that are eligible for the NRHP. The assessment satisfied Section 110 of the NHPA and will assist the United States Marine Corps with the management of their historic properties. Prime. Architectural Historian. 2017- 2020
Faith Home/Garner Road Connection Project, Caltrans District 10, Stanislaus County, CA. Cogstone conducted a cultural and paleontological resources assessment to determine the potential impacts to cultural and paleontological resources within or adjacent to the construction of a four-lane one-mile expressway. Services included cultural and paleontological records searches, background research, a Sacred Lands File search from the NAHC, Native American consultation, intensive pedestrian survey, and DPR 523 forms. Cogstone prepared an Archaeological Survey Report (ASR), Historic Property Survey Report (HPSR), Historic Resources Evaluation Report (HRER), and Paleontological Identification Report and Paleontological Evaluation Report (PIR/PER). Sub to Environmental Intelligence. Architectural Historian. 2019
Rhode Island Historical Resource Archive of Melville Naval Historic District and United States Naval Hospital, Newport Historic District, Naval Station Newport, RI. Cogstone completed Rhode Island Historical Resources Archive (RIHRA) documentation of the Melville Naval Historic District and the United States Naval Hospital Newport Historic District, at Naval Station (NAVSTA) Newport, Newport, Rhode Island. Prime. Architectural Historian. 2016-2018 May 2, 2023, Reg. CC Mtg., Page # 392
ERIC SCOTT
Principal Paleontologist
EDUCATION
1990 M.A., Anthropology (Biological), University of California, Los Angeles 1985 B.A., Anthropology (Physical), California State University, Northridge
SUMMARY OF QUALIFICATIONS
Mr. Scott is a professional vertebrate paleontologist with over 38 years of experience in paleontological mitigation, fieldwork, curation, and research. He is emeritus paleontology curator at the San Bernardino County Museum, an adjunct instructor at California State University, San Bernardino, and a research associate of the Natural History Museum of Los Angeles County and the La Brea Tar Pits and Museum.
Mr. Scott is a 30+ year member of the Society of Vertebrate Paleontology, an international society of professional scientists where he currently serves on the Government Affairs Committee. He also holds membership in the Geological Society of America and other professional societies. He has published over 40 research articles in professional scientific journals.
SELECTED EXPERIENCE
Purple Line Extension (Westside Subway) Sections 1 and 2 Construction Management, Los Angeles County Metropolitan Transportation Authority, Los Angeles, Los Angeles County, CA. The project involves construction of seven stations from the existing Purple Line at Wilshire/Western Avenue along Wilshire Boulevard to the Veterans Administration Hospital in Westwood for 8.6 miles.
Cogstone manages all paleontological services for Sections 1 and 2 of the subway project including budgets, Workers Environmental Awareness Program (WEAP) training, monitoring, fossil recovery, fossil preparation, identification, cataloguing curation with the Natural History Museum of Los Angeles County, and reporting. Sub to JV West (Stantec/Jacobs JV; Section 1), AECOM (Section 2). Principal Paleontologist. 2017-ongoing
Irvine General Plan Update - Phase II, City of Irvine, Orange County, CA. Cogstone conducted a study to review and summarize available information regarding known paleontological, archaeological, and historical resources within the boundaries of the City of Irvine to support the Phase II update of the City’s General Plan. A general analysis of impacts of future projects within the City of Irvine that may adversely affect paleontological, archaeological, or historic resources was provided along with mitigation recommendations. Sub to PlaceWorks. Paleontology QA/QC. 2018-2019 Environmental and Biological Support Services for Transportation Improvement, Caltrans District 1, Lake, Mendocino, Humboldt, and Del Norte Counties, CA. Cogstone was the paleontological consultant for improvement projects in rural areas of Northern California. Proposed improvements have included bridge rehabilitations and the lane widening of unsafe roads. Cogstone has completed and submitted combined Paleontological Identification Reports (PIR) and Paleontological Evaluation Reports (PER) for the following projects: Elk Creek Bridge on State Route 1 Improvement, Three Bridges on State Route 36, South Eel River Bridge on State Route 162, Carlotta Curve on State Route 36, Gualala Shoulders and Rumble Strips on State Route 1, Albion Bridge Replacement/Rehabilitation on State Route 1, and Salmon Creek Bridge Replacement. All projects were completed in compliance with state and federal environmental requirements because of the use of state funds. Caltrans was the lead agency for this project under CEQA and NEPA. Sub to ICF. Task Manager. 2019-ongoing Deep Soil Mixing Pilot Project, Community of Pacific Palisades, Los Angeles County, CA. As part of an on-call contract with the Los Angeles Bureau of Engineering (LABOE), Cogstone provided cultural and paleontological resources monitoring as well as managed Native American monitoring during ground-disturbing activities. The City of Los Angeles was the lead agency under CEQA. Monitoring for the Project was conducted in compliance with the Contingency Plan conditions for the Coastal May 2, 2023, Reg. CC Mtg., Page # 393
cogstone.com
Development Permit (CDP) from the California Coastal Commission (CCC). No cultural or paleontological resources were identified. No further work was necessary. Sub to ICF. Principal Investigator for Paleontology. 2020
Hilltop and Euclid Mixed-Use Project, City of San Diego, San Diego County, CA. Cogstone conducted paleontological resources monitoring during excavations for the proposed construction of 20 single-family residences, 27 two-story townhome residences, 113 affordable apartment units, a parking garage, and approximately 8,300 square feet of commercial space. No paleontological resources were identified during excavation and Cogstone prepared a Paleontological Resources Monitoring Compliance Report at the completion of ground disturbance for the project. Sub to Birdseye Planning Group, LLC. Task Manager. 2020-2022
I-5 HOV Lane Expansion Project, SR-73 to Oso Pkwy, Caltrans District 12, Orange County, CA.
Cogstone produced a Paleontological Mitigation Plan (PMP) to identify and evaluate any resources that may be affected by the widening of the I-5 between SR-73 and Oso Parkway, to assess any potential impacts to significant resources, and to recommend mitigation measures. The PMP identified paleontologically sensitive areas within the project area, the organization and responsibilities of the paleontological team, the responsibilities of other parties and the treatment and communications procedures to be implemented if paleontological resources are encountered during the project. Sub to ECORP Consulting. Task Manager and report author. 2017 I-10/Grove Avenue Corridor Project, Caltrans District 8, City of Ontario, San Bernardino County, CA. Cogstone produced a combined PIR/PER and PMP to assess and plan for the potential for impacting fossil resources during proposed improvements to Grove Avenue south of Interstate 10.
The proposed improvements included the widening of Grove Avenue from a four‐lane roadway to a six‐lane roadway from 4th Street to State Street/Airport Drive. The City of Ontario acted as the lead agency under CEQA and the National Environmental Policy Act (NEPA). Sub to Parsons. Paleontology QA/QC. 2017
State Route 60 Truck Lanes Project, Caltrans District 8, City of Banning, Riverside County, CA. The Riverside County Transportation Commission (RCTC), in cooperation with Caltrans, proposed to construct an eastbound truck-climbing lane and westbound truck-descending lane – along with inside and outside standard shoulders in both directions. The total length of the project is 4.51 miles. A combined PIR/PER found a high likelihood for this project to impact paleontological resources.
Mitigation measures included a PMP which included requiring a paleontological WEAP training, signed repository agreement with the San Bernardino County Museum to establish a curation process, monitoring by a principal paleontologist, and defined standard field and laboratory methods.
Cogstone provided paleontological resources monitoring during ground disturbing construction activities. Cogstone also conducted fossil salvage, identification, and stabilization. At the end of construction, Cogstone prepared a Paleontological Resources Monitoring Report. Caltrans was the lead agency under NEPA and CEQA. Sub to ECORP. Task Manager. 2019-2023 Gates Canyon Stormwater Capture Project, Unincorporated area of Calabasas, Los Angeles County, CA. Cogstone conducted cultural and paleontological resources monitoring for 31 days during proposed improvements to Gates Canyon Park that will allow the capture and storage of stormwater runoff from an adjacent 105-acre residential area. Monitoring complied with program mitigation measures and as defined by the County of Los Angeles, Department of Public Works (LACDPW), Project Management Division II. LACDPW was the project proponent and acted as the lead agency under CEQA. Sub to Aspen Environmental. Task Manager. 2019 May 2, 2023, Reg. CC Mtg., Page # 394
MOLLY VALASIK
Principal Archaeologist
EDUCATION
2009 M.A., Anthropology, Kent State University, Kent, Ohio 2006 B.A., Anthropology, Ohio State University, Columbus, Ohio
SUMMARY QUALIFICATIONS
Ms. Valasik serves as Cogstone’s CEO and CFO and helps guide the vision and direction of Cogstone.
She has been with the company since 2009 and has helped transition Cogstone from sole ownership to multiple owners with an active board of directors. Ms. Valasik is a Registered Professional Archaeologist (RPA) with more than 14 years of experience. She is a skilled professional who is well-versed in the compliance procedures of the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA), and Sections 106 and 110 of the National Historic Preservation Act (NHPA) and regularly prepares cultural resources assessment reports for a variety of federal, state, and local agencies throughout California. Ms. Valasik has managed a variety of projects at Cogstone in the water, transportation, energy, development, and federal sectors. She meets the qualifications required by the Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation. She is accepted as a Principal Investigator for prehistoric archaeology by the State Historic Preservation Office (SHPO) and is listed as a Principal Investigator on Cogstone’s Bureau of Land Management (BLM) Cultural Resource Use Permit.
SELECTED PROJECTS
Camino Capistrano Mixed-Use Project, City of San Juan Capistrano, Orange County, CA. Cogstone conducted a cultural and paleontological resources assessment to determine the potential impacts to cultural and paleontological resources during the project, which consisted of the retention and rehabilitation of two National Register of Historic Places (NRHP)-listed adobe buildings; reconstruction of a contributing barn that was recently dismantled and stored onsite; removal, offsite relocation, and rehabilitation of a second contributing barn that is extant; and the construction of three new buildings.
The project area and vicinity are known to be archaeologically sensitive areas. Cogstone’s services included records searches, a Sacred Lands File search from the Native American Heritage Commission (NAHC), a pedestrian survey, and the preparation of a Cultural and Paleontological Resources Assessment Report. Site updates were prepared on California Department of Parks and Recreation (DPR 523) forms for the two previously recorded adobe buildings. The City of San Juan Capistrano was the lead agency under the California Environmental Quality Act (CEQA). Sub to 31871 Camino Capistrano LLC. Principal Archaeologist. 2023-ongoing City of San Juan Capistrano, In-N-Out 31791 Del Obispo Street, San Juan Capistrano, CA. Cogstone conducted a Historic Resources Project Review to determine potential impacts to historical resources resulting from the proposed construction of a 3,897 square foot In-N-Out Restaurant with a drivethrough and related site improvements on two adjoining lots totaling 1.77 acres. Cogstone’s services included a cultural resources records search, built environment survey, updates to existing DPR 523 forms, National Register of Historic Places (NRHP) eligibility assessments, and preparation of a Historic Resource Project Review Report. Cogstone also reviewed design plans of the proposed commercial building for compatibility with the NRHP-listed Blas Aguilar Adobe and attended an inperson public hearing with the public and the San Juan Capistrano Cultural Heritage Commission.
The assessment was completed in compliance with the requirements of CEQA with the City of San Juan Capistrano as the lead agency under CEQA. Project Manager. 2021 San Gabriel River Commuter Bikeway and Big Dalton Wash Commuter Bikeway, City of Baldwin Park, Los Angeles County, CA. Cogstone conducted a cultural and historic built environment resources assessment to determine the potential impacts to cultural and historical resources for the proposed construction of approximately five miles of new bikeway/pedestrian pathway. Services included pedestrian surveys, records searches, a Sacred Lands File search from the NAHC, preparation of DPR 523 forms, NRHP eligibility assessments, and reporting. The project required a May 2, 2023, Reg. CC Mtg., Page # 395
cogstone.com
Section 408 permit from the United States Army Corps of Engineers (USACE) due to the proximity of the federally managed San Gabriel River and tributaries. All work was completed in compliance with Section 106 of the NHPA. The City of Baldwin Park acted as lead agency under CEQA. Sub to Infrastructure Engineering Corporation. Project Manager. 2020-2021 San Juan Hills Green Cathodic Protection Project, City of San Juan Capistrano, Orange County, CA.
Cogstone conducted cultural and paleontological monitoring and managed Native American monitoring during hydro-vacuuming and bore drilling for installation of cathodes designed to curtail erosion of underground water lines. No cultural or paleontological resources were identified during monitoring. Upon completion of construction, Cogstone prepared a Cultural and Paleontological Resources Monitoring Compliance Report. Project Manager. 2020 1874 Alisos Avenue Project, City of Laguna Beach, Orange County, CA. The purpose of this study was to determine whether the construction of a building site for a single-family residence had the potential to impact cultural or paleontological resources. Cogstone conducted record searches, a Sacred Lands File Search (SLF) from the Native American Heritage Commission (NAHC), background research, a pedestrian survey, and produced an assessment. Project Manager. 2019 Lake Forest General Plan Update, City of Lake Forest, Orange County, CA. Cogstone conducted a study to review and summarize available information regarding known paleontological, archaeological, and historical resources to guide long-term growth, maintenance, preservation, and decision-making in the city over the next 20-plus years. Services included record searches, background research, and an SLF search from the NAHC. A general analysis of impacts of future projects within the City of Lake Forest that may adversely affect paleontological, archaeological, or historic resources was provided along with mitigation recommendations. Sub to De Novo Planning Group. Principal Investigator for Archaeology. 2018-2019
Irvine General Plan Update, Phase II, City of Irvine, Orange County, CA. Cogstone conducted a study to review and summarize available information regarding known paleontological, archaeological, and historical resources within the boundaries of the City of Irvine to support the Phase II update of the City’s General Plan. A general analysis of impacts of future projects within the City that may adversely affect paleontological, archaeological, or historic resources was provided along with mitigation recommendations. Sub to PlaceWorks. Principal Archaeologist. 2018-2019 Venta Spur Trail Bicycle and Pedestrian Bridge over SR-133 Project, Caltrans D12, City of Irvine, Orange County, CA. The City of Irvine, in cooperation with Caltrans, proposed to construct a separated Class I bicycle and pedestrian overcrossing connecting the trail across SR-133 and Marshburn Channel. Cogstone conducted extensive review of existing literature and historical maps, review of a record search conducted at the SCCIC, Native American consultations, an intensive pedestrian survey, and a geoarchaeological analysis to identify and evaluate archaeological, paleontological, and historical resources that may be affected by the project. Technical reports included an Archaeological Survey Report (ASR), a Historical Resources Compliance Report (HRCR), and a combined Paleontological Identification and Evaluation Report. Sub to Michael Baker International. Task Manager and Principal Investigator for Archaeology. 2018-2019 River Street Marketplace, City of San Juan Capistrano, Orange County, CA. Cogstone conducted a cultural and paleontological resources assessment to determine the potential effects to cultural and paleontological resources resulting from the construction of 64,900 square feet of proposed commercial and office space, along with associated improvements. The project area consisted of five buildings and was located on a 5.6-acre property occupied by the Ito Nursery which has been in operation since 1970. Cogstone’s services included cultural and paleontological records searches, an SLF search from the NAHC, intensive pedestrian survey, and the preparation of a combined Cultural and Paleontological Resources Assessment Report. Sub to PlaceWorks. Principal Investigator for Archaeology. 2018
May 2, 2023, Reg. CC Mtg., Page # 396
KELLY VREELAND
Principal Investigator for Paleontology
EDUCATION
2014 M.S., Geology, California State University, Fullerton (CSUF) 2010 B.S., Geology, CSUF
SUMMARY OF QUALIFICATIONS
Ms. Vreeland is a skilled paleontologist with over 11 years of experience in field paleontology. Her field and laboratory experience includes fieldwork and research projects throughout California and Nevada, as well as conducting fieldwork and surficial geologic mapping in Montana. She has expertise in invertebrate paleontology and paleoecology. Ms. Vreeland was a Paleontology Supervisor at Cogstone from 2020 to 2022 and has supervised projects throughout California, including several Caltrans projects, residential development projects, and industrial development projects. She has authored and co-authored numerous paleontological assessments, mitigation plans, and monitoring compliance reports. Ms. Vreeland is a member of the Society of Vertebrate Paleontology, the Geological Society of America, and the Paleontological Society.
SELECTED EXPERIENCE
L’Aventure Winery Cave Expansion Project, San Luis Obispo County, CA. Cogstone conducted a paleontological resources assessment to determine the potential impacts to paleontological resources from the proposed construction of a new underground wine cave tunnel connection and portal from the existing wine cave on site. The proposed cave depth will be approximately 48.62 feet and the existing cave floor at the new proposed connection will be 1,087.78 feet. Excavation for the project will be completed by drilling below the surface. Cogstone’s services included a paleontological records search and a Paleontological Resources Assessment Letter Report. A paleontological resources Workers Environmental Awareness Program (WEAP) training will be provided to all construction personnel prior to excavation for the project. Since most of the ground disturbance will be below the surface using drilling, a pedestrian survey was not warranted for this assessment. San Luis Obispo County was the lead agency under the California Environmental Quality Act (CEQA). Prime. Task Manager and Principal Investigator for Paleontology. 2023-ongoing
Camino Capistrano Mixed-Use Project, City of San Juan Capistrano, Orange County, CA. Cogstone conducted a cultural and paleontological resources assessment to determine the potential impacts to cultural and paleontological resources during the project, which consisted of the retention and rehabilitation of two National Register of Historic Places (NRHP)-listed adobe buildings; reconstruction of a contributing barn that was recently dismantled and stored onsite; removal, offsite relocation, and rehabilitation of a second contributing barn that is extant; and the construction of three new buildings.
The project area and vicinity are known to be archaeologically sensitive areas. Cogstone’s services included records searches, a Sacred Lands File search from the Native American Heritage Commission (NAHC), a pedestrian survey, and the preparation of a Cultural and Paleontological Resources Assessment Report. Site updates were prepared on California Department of Parks and Recreation (DPR 523) forms for the two previously recorded adobe buildings. The City of San Juan Capistrano was the lead agency under CEQA. Sub to 31871 Camino Capistrano LLC. Principal Investigator for Paleontology. 2023-ongoing
William Mason Regional Park Improvements Project, City of Irvine, Orange County, CA. Cogstone provided cultural and paleontological resources services during improvements to the park entry driveway and roadways. Cogstone’s services included record searches for cultural and paleontological resources, a WEAP training, a reconnaissance level survey of the project area, and paleontological and cultural resources monitoring during ground disturbing activities. Cogstone also developed a Temporary Stop and Redirection of Work Procedures Manual prior to construction, and prepared a May 2, 2023, Reg. CC Mtg., Page # 397
cogstone.com
Cultural and Paleontological Resources Monitoring Compliance Report when construction was completed. Sub to Bitech Construction Co., Inc. Paleontology Supervisor. 2022 Harley Knox Industrial Development, City of Perris, Riverside County, CA. Cogstone conducted a cultural and paleontological resources assessment to determine the potential impacts to cultural and paleontological resources during the ground-disturbing activities associated with the construction of a 143,168 square foot industrial building with associated landscaping, parking, and drive aisles. Cogstone conducted cultural and paleontological records searches, background research, a Sacred Lands File search from the NAHC, an intensive-level pedestrian survey, and prepared a Cultural and Paleontological Resources Assessment Report. The study was completed in compliance with CEQA with the City of Perris acting as the lead agency. Sub to Lake Creek Industrial, LLC. Paleontologist. 2021-2022
Overland Cherry Valley, Riverside County, CA. Cogstone conducted a cultural resources assessment to determine the potential impacts to cultural resources during the construction of two drive-through restaurants totaling 5,384 square feet, a gas service station with convenience store and car wash, and 7,709 square feet of commercial retail space. Additionally, Cogstone prepared a Paleontological Resources Impact Mitigation Program (PRIMP) to provide a management plan for paleontological resources for the project. Cogstone conducted a cultural resources records search, background research, requested a Sacred Lands File search from the NAHC, consultations with local historical societies, an intensive-level pedestrian survey, recorded two historic archaeological sites on DPR 523 forms, and prepared a Phase I Cultural Resources Assessment Report. The study was completed in compliance with CEQA with the County of Riverside acting as the lead agency. Sub to Overland Development Company. Paleontologist. 2021-2022
Paramount Estates Master Drainage Plan – Line C, Riverside County Flood Control and Water Conservation District, Riverside County, CA. Cogstone conducted a cultural and paleontological resources assessment to determine the potential impacts to cultural and paleontological resources during the modifications associated with the Sunnyslope Channel which involves removing approximately 250 linear feet of the existing channel and replacing a reinforced concrete box culvert (RCB) with associated transition walls and the installation of a 36-inch underground storm drain and connection to the new Sunnyslope Channel RCB. In addition, Cogstone prepared a Paleontological Resources Impact Mitigation Program (PRIMP) to provide a management plan for paleontological resources for the project. Cogstone conducted cultural and paleontological records searches, an intensive-level pedestrian survey, background research, requested a Sacred Lands File search from the NAHC, and conducted consultations with local historical societies. The study was completed in compliance with CEQA with the Riverside County Flood Control and Water Conservation District acting as the lead agency. Additionally, Cogstone provided a WEAP training prior to construction and will provide paleontological resources monitoring during ground disturbing construction activities for the project. A Paleontological Resources Monitoring Compliance Report will be prepared at the conclusion of ground disturbing activities requiring monitoring for the Project. Prime. Paleontologist/Paleontology Supervisor. 2021-ongoing
Purple Line Extension (Westside Subway) Sections 1 and 2 Construction Management, Los Angeles County Metropolitan Transportation Authority, Los Angeles, Los Angeles County, CA. The project involves construction of seven stations from the existing Purple Line at Wilshire/Western Avenue along Wilshire Boulevard to the Veterans Administration Hospital in Westwood for 8.6 miles. Cogstone manages all paleontological services for Sections 1 and 2 of the subway project including budgets, WEAP training, monitoring, fossil recovery, fossil preparation, identification, cataloguing curation with the Natural History Museum of Los Angeles County, and reporting. Sub to JV West (Stantec/Jacobs JV; Section 1), AECOM (Section 2). Paleontology Supervisor. 2020-ongoing May 2, 2023, Reg. CC Mtg., Page # 398
IAN ADAM, MESM, CPSWQ, QSD
TITLE Vice President, Specialty Practices/Stormwater Manager | OFFICE Irvine, CA Ian is Vice President, Specialty Practices and Fuscoe’s Stormwater Management team leader. His specialty is water resources, with an emphasis in water quality regulations, sea-level rise policy, Clean Water Act Citizen Suits and resource agency negotiation. Since joining Fuscoe in 2001, Ian has served as an effective leader and technical resource for numerous projects and clients.
For the past decade, Ian’s experience with local and regional professional thoroughbred stabling operations has led to him to become an expert on CAFO NPDES permitting, including the negotiation of unique individual permits with the top management levels of all three Southern California Regional Water Quality Control Boards (San Diego, Santa Ana and Los Angeles). Ian has also worked extensively in the California Coastal Zone, processing Coastal Development Permits, addressing Sea-Level Rise technically and politically, and working in partnership with Coastal Staff on individual projects, Specific Plans and Local Coastal Programs. Through this experience, Ian is uniquely trained to address complex drainage and water quality projects for both public and private clients, especially those needing site-specific solutions, multi-phased schedules and high-level regional board involvement. For the past two years, Ian has been assisting local municipalities and counties on regional stormwater improvement projects, including both feasibility and final design.
Ian has worked on over 60 General Plan Updates and Specific Plans throughout California to assist municipalities and developers with infrastructure assessments, zoning approvals, EIR technical support and long term capital improvement planning, including:
City of Santa Ana General Plan Update
Doheny Village Specific Plan
City of Westminster General Plan Update
City of Fountain Valley General Plan
City of Long Beach, Long Beach Southeast Area Specific Plan City of Bellflower TOD Specific Plan
EDUCATION
MESM, Master of Environmental Science and Management
Donald Bren School of Environmental Science and Management University of California, Santa Barbara
BS, Science - Ecology and Systematic Biology
California Polytechnic State University, San Luis Obispo
REGISTRATIONS/CERTIFICATIONS
Certified Professional in Stormwater Quality (CPSWQ)
QSD / QSP Certified
AFFILIATIONS
BIA/Orange County
National Association of Environmental Professionals
Urban land Institute
U.S. Green Building Council
FEI TEAM MEMBER SINCE 2001
FEI PRINCIPAL SINCE 2011
May 2, 2023, Reg. CC Mtg., Page # 399
SUSAN WILLIAMS, PE, MS, QSD/P
TITLE Associate Project Manager | OFFICE Irvine, CA
Susan has 23+ years of progressive experience in the civil engineering field of water resources for land development and public works. She is a very conscientious and responsible senior engineer who acts as a central design team leader. Susan is highly proficient in designing the layout of project drainage facilities using applicable design standards, agency processing requirements and client expectations. Her specialties include drainage design (hydrology, hydraulics, stormwater) and preparation of H&H reports (including Drainage Reports, SWDR, WQMP, SWPPP, SUSMP) and construction plans (PS&E). She also has expertise in sewer and water design as well as preparation of hydraulic calculations, report and construction plans.
Susan ensures quality of design and implements new ideas through communication, teamwork, supervision, participation, plan reviews and training/coaching/mentoring of junior staff.
Susan has provided services for numerous Southern California projects, including Newport Villas at Fashion Island in Newport Beach, Ava Little Tokyo Mixed-Use, Wilshire La Brea Mixed-Use and Jordan Downs Master Plan in Los Angeles, Dana Point Harbor Revitalization Plan, Park Place Apartments in Irvine, The Madison Apartments in Santa Ana, 1415 5th Street Mixed-Use project in Santa Monica, Arrow Highway Specific Plan in Glendora, Arbor Green Affordable Apartments in Carson, Catalina Island’s new Trailhead Center, Temecula Twelve Oaks Mixed-Use project and The Groves Master Plan in Whittier, among many others.
Sue’s relevant projects include:
City of Laguna Niguel Town Center Hydrology Study
City Fountain Valley Mile Square Park Hydrology Report City of Marina del Rey Wetland Park Hydrology Report
SEED LA Charter Boarding School Hydrology & Hydraulic Calculations The Groves Whittier Master Plan Hydrology & Hydraulic Report The Enclave Simi Valley Hydrology & Hydraulic Report
Safe Landing West Athens Los Angeles Hydrology & Hydraulics Calculations Carson Arbor Green Hydrology Report
Culver City Garden of Solomon Hydrology Study
EDUCATION
MS, Civil Engineering, California State University, Long Beach BS, Civil Engineering, California State University, Long Beach
REGISTRATIONS/CERTIFICATIONS
PE CA#52976
QSP/D CA #20169
Coastal Engineering Certificate, Old Dominion University, VA
AFFILIATIONS
American Society of Civil Engineers (ASCE)
FEI TEAM MEMBER SINCE 2013
May 2, 2023, Reg. CC Mtg., Page # 400
EDUCATION
Brigham Young University
B.S., Physics (Acoustics), 2005
PROFESSIONAL
MEMBERSHIPS/
REGISTRATIONS
Institute of Noise Control Engineers
(INCE)
Acoustical Society of America (ASA)
BYU Acoustic Research Group
Association of Environmental Planners
(AEP)
Mike has a passion for the science of sound and vibration and has worked professionally in acoustical engineering since 2002. He received his Bachelor of Science degree in Physics, emphasizing in acoustics from Brigham Young University in Utah. He is currently a member of the Institute of Noise Control Engineers (INCE). Motivated by professional growth and opportunity, Mr.
Dickerson formed his own acoustical engineering firm, MD Acoustics in 2012.
Mr. Dickerson’s versatile experience includes leading and assisting in the design and review of many facets of acoustical engineering and air quality projects, including but not limited to air/noise assessments, ceiling/floor assembly design, architectural design, acoustical product design, vibration analysis and noise mitigation strategies.
Prior to starting his own consulting firm, Mr. Dickerson worked for Sony Entertainment, Parsons, and RK Engineering. He has successfully completed over 2,200 acoustical/air quality assessment reports for various engineering companies, municipalities and other agencies (both public and private). His strategic project planning and cost effective management solutions enabled him to excel in the field of Acoustics and project management.
In 2011, Mr. Dickerson was asked to present a paper at the Acoustical Society of America Seattle, Washington Conference on his research and work on noise and vibration in Cockpit.
Mike Dickerson Jr., INCE
Principal
County of Orange General Plan Noise
Element Update Acoustical Study,
Orange County, CA
San Jacinto General Plan Noise
Element Update Acoustical Study,
San Jacinto, CA
Mission Viejo General Plan Noise
Element Update Acoustical Study
City of Mission Viejo, CA
Gas Station and Convenience Store
Acoustical Study
City of Laguna Woods, CA
AT&T CELL2018-020 Emergency
Generator Acoustical Study,
City of Aliso Viejo, CA
T-Mobile Wood Canyon Acoustical
Study, City of Aliso Viejo, CA
SOCRE Public Utilities Acoustical
Study, City of San Juan Capistrano, CA
Great Scott Tree Service Facility
Acoustical Study,
City of Lake Forest, CA
Hampton Inn Hotel Acoustical Study,
City of Santa Ana, CAZ
The Bungalows Acoustical Study,
City of Huntington Beach, CA
Tyler Valley Metro Multi-Family
Development Acoustical Study, City of
El Monte, CA
Mobile Gas Station Acoustical Study,
City of Glendale, CA
Nice Life Studios Acoustical Study,
City of Glendale, CA
1501 Brand Blvd Express Car Wash,
City of Glendale, CA
Glendale Land Use and Circulation
Element Noise Study, City of Glendale,
CA
T-Mobile Emergency Generator
Acoustical Study,
City of Irvine, CA
Automated Express Wash, City of
Alhambra, CA
141st and Normandie Townhomes
Project, Noise, City of Gardena, CA
AT&T Emergency Generator Noise
Study,
City of Aliso Viejo, CA
141st Street GPA/ZC Noise Study, City
of Gardena, CA
SUMMARY OF EXPERIENCE
May 2, 2023, Reg. CC Mtg., Page # 401
EDUCATION
Brigham Young University
B.S., Physics (Acoustics), 2017
PROFESSIONAL
MEMBERSHIPS/
REGISTRATIONS
Institute of Noise Control Engineers
(INCE)
Acoustical Society of America (ASA)
BYU Acoustic Research Group
Association of Environmental Planners
(AEP)
Claire Pincock graduated from Brigham Young University in the top 5% of her graduating class with a Bachelor of Science degree in Applied Physics with an emphasis in acoustics and a minor in Mathematics. Before joining MD Acoustics, she was a research assistant at BYU. Her research was focused on speech acoustics, specifically on how speech radiates from the mouth. https://www.physics.byu.edu/thesis/archive/2017
In 2017, Claire presented her research with Dr. Timothy Leishman on speech directivity at the Acoustical Society of America, spring Boston conference where she placed 2nd in the student competition on speech acoustics. http://asa.scitation.org/doi/abs/10.1121/1.4987652
This research is also presented in the following paper published in the Journal of the Acoustical Society of America in 2021:
https://asa.scitation.org/doi/10.1121/10.0003363
Claire Pincock, Member INCE-USA
Acoustical Consultant
• Vineland Gas Station and Car
Wash, Los Angeles, CA
• Lab 5 Soccer Complex,
Gardena, CA
• Van Buren Blvd Express Car
Wash, Riverside, CA
• Broadway Gas Station and
Car Wash, Los Angeles, CA
• Clinton Keith Service Station
and Car Wash, Murrieta, CA
• Old Middlefield Car Wash,
Mountain View, CA
• Riverside Car Wash and
Retail, Jurupa Valley, CA
• Estrella Commons
Residential Development,
Goodyear, AZ
• Blackstone & McKinley MultiFamily Development, Fresno, CA
• Haven at 26th Mixed
Residences, Rancho
Cucamonga, CA
• Berylwood Park Skatepark,
Simi Valley, CA
• Marshalls – Del Amo Plaza,
Torrance, CA
• Desert Land Ventures, Desert
Hot Springs, CA
• Pico Blvd Multi-Family
Development Cat32, Los
Angeles, CA
• Cyrus One Trane Chillers,
Chandler, AZ
• Baypoint Preparatory
Academy, San Jacinto, CA
• Amani Apartments, Los
Angeles, CA
• Santa Rosa Apartments,
Santa Rosa, CA
• Kawana Springs Apartments,
Santa Rosa, CA
• Jillson and Harbor Residential
Developments, Commerce,
CA
• Adams Boulevard Car Wash
and Service Station, Los
Angeles, CA
• Southeast Regional Soccer
Park, Fresno, CA
• Pico and Fox Hill Restaurant,
Los Angeles, CA
• Market Sciortino Rance
Center Development,
Brentwood, CA
• Hyssop Drive Warehouse,
Rancho Cucamonga, CA
• Pavilion Plaza West, Garden
Grove, CA
• Merced Snelling Road,
Snelling, CA
SUMMARY OF EXPERIENCE
May 2, 2023, Reg. CC Mtg., Page # 402
1 TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Brianna Rindge, AICP, Community & Economic Development Director
MEETING DATE: May 2, 2023
SUBJECT: Discussion and Consideration of Zone Text Amendment Updating Regulations Regarding the Keeping of Hen Chickens Within the A-1 (Agriculture, Noncommercial) and R-1 (Single-Family Residential) Zones
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 Article 30 (Residential Zones) to Update Regulations Regarding the Keeping of Hen Chickens Within The A-1 (Agriculture, Noncommercial) and R-1 (SingleFamily Residential) Zones; 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
Decades ago, the R-1 (Single Family Residential) Zone and the A-1 (Agriculture, NonCommercial) Zone had different characteristics. The development standards of the Lomita Municipal Code (LMC) have changed slowly over time to the point that, now, development standards are the same for A-1 as they are for R-1 (LMC § 11-1.30.02).
The only difference between the permitted uses in the A-1 and R-1 Zones is as follows (LMC § 11-1.30.01).
• Farm pets (as defined by LMC § 11-1.15.06(F)) are permitted only in the A-1 Zone, by right.
• Nursery stock and private tennis clubs are permitted only in the A-1 Zone, through Conditional Use Permit only with Planning Commission approval.
City staff receives numerous calls weekly from residents requesting the keeping of chickens, and to date, no complaints about others’ chickens.
Item No. PH 9a
CITY OF LOMITA
CITY COUNCIL REPORT
May 2, 2023, Reg. CC Mtg., Page # 403
2 On April 10, 2023, Planning Commission unanimously recommended adoption of the draft ordinance (Attachment 1; redline version provided as Attachment 2).
ANALYSIS
Staff conducted a survey of other Los Angeles County jurisdictions to determine the common requirements for raising chickens for personal use in residential areas. After reviewing the municipal codes of 19 other cities, staff observed several common themes:
• Allowance in residential;
• The number of chickens permitted per property; and
• Chicken coop distance from dwellings, restaurants, and other sensitive uses.
Staff proposes an ordinance to allow hens only (no roosters, which are known to create noisy interruptions) within the R-1 district in the same manner as the A-1 district. It cleans up the code by providing coop size and distance specifications to reduce the potential for problems between neighbors. The draft does not allow coops to be visible from the public right-of-way except on corner lots which may have a separating wall or fence. In addition, the proposed ordinance requires a minimum 35’ distance from any street curb. The ordinance requires 50’ distance from any commercially zoned lot, hospital, or school. The provisions of the draft ordinance represent a conservative allowance of chickens as compared to the surveyed cities.
Compliance will be strictly enforced by Code Enforcement.
CEQA
The project is categorically exempt under State CEQA Guidelines Section 15301 (Existing Facilities) because the actions identified in the ordinance are limited to allowing by right certain backyard chickens in a residential zone. The program would result in a negligible expansion of residential uses. 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).)
PUBLIC NOTICE
Notices of this hearing dated April 18, 2023 were published in the Daily Breeze Newspaper and posted at City Hall and Lomita Park.
OPTIONS:
1. Introduce the ordinance on first reading as recommended by the Planning Commission.
2. Introduce the ordinance on first reading with amendments.
3. Do not approve the first reading of the ordinance.
4. Provide staff alternative direction.
May 2, 2023, Reg. CC Mtg., Page # 404
3 ATTACHMENTS
1. Draft Ordinance
2. Redline
Reviewed by: Approved by:
___________________ _______________________
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Reviewed by:
_________________________
Brianna Rindge, AICP
Community & Economic Development Director
May 2, 2023, Reg. CC Mtg., Page # 405
Attachment 1
ORDINANCE NO. XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMITA, CALIFORNIA, APPROVING ZONING TEXT AMENDMENT 2023-04
AMENDING LOMITA MUNICIPAL CODE TITLE XI (PLANNING AND
ZONING), CHAPTER 1 (ZONING), ARTICLE 30 (RESIDENTIAL ZONES)
TO UPDATE REGULATIONS REGARDING THE KEEPING OF HEN
CHICKENS WITHIN THE A-1 (AGRICULTURE, NONCOMMERCIAL)
AND R-1 (SINGLE-FAMILY RESIDENTIAL) ZONES AND FINDING THE
ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
Section 1. Recitals
A. Chapter 1 of Title XI of the Lomita Municipal Code establishes allowable uses, definitions, and development standards of properties within all zoning districts in the city.
B. The proposed zoning text amendment 2023-04 is an update to the Lomita Municipal Code to allow for the keeping of a limited number of hen chickens consistently in both zoning districts allowing for single-family residential, while protecting the public interest.
C. On April 10, 2023, the Planning Commission held a duly noticed public hearing on Zone Text Amendment No. 2023-01 (initiated by the City of Lomita), where public testimony was accepted on the item and after deliberations the Planning Commission recommended that the City Council approve the requested Zoning Text Amendment.
D. On May 16, 2023, the City Council considered Zoning Text Amendment No. 2023- 03 to amend Lomita’s Municipal Code Title XI (“Planning and Zoning”) Chapter 1 (Zoning), Article 68 (Special Development Standards), Section 11-1.68.06 (Outdoor Dining) to update outdoor dining regulations, and held a duly noticed public hearing and accepted testimony in regard to the same.
Section 2. General Plan
This Ordinance’s amendments to Title XI of the Lomita Municipal Code are consistent with, and in furtherance of, the City’s adopted General Plan as they effectuate the following Policies of the General Plan:
A. Land Use Policy 1 which provides that the City will promote the use of buffers and other development standards between more intensive land uses to protect established residential neighborhoods from noise, light and glare, and other adverse impacts typically associated with non-residential development;
May 2, 2023, Reg. CC Mtg., Page # 406
B. Land Use Policy 10 which provides that the City will promote the improvement of aesthetic and visual qualities of the community by implementing development standards for private improvements;
C. Land Use Policy 12 which provides that the City will periodically update the zoning ordinance critical to the Land Use Element’s implementation; D. Land Use Policy 13 which provides that the City will work to manage growth and development in the city consistent with historic development trends in the city; E. Noise Policy 3 which provides that the City will adhere to regulations concerning noise control and mitigation of outdoor noise in residential developments; F. Noise Policy 6 which provides that the City will seek to reduce unnecessary noise near noise sensitive areas;
G. Noise Policy 7 which provides that the City will continue to monitor noise throughout Lomita and enforce the standards and regulations of the City’s Noise Control Ordinance;
H. Noise Policy 8 which provides that the City will continue to review its policies and regulations regarding noise control and abatement;
I. Housing Element Policy 2.2 which provides that the City will support periodic review and modifications to City ordinances intended to address a variety of housing types; J. Housing Element Policy 4.1 which provides that the City will continue to promote equitable and fair housing opportunities for all persons.
Section 3. Environmental Review
The Recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.
The City Council finds that adoption of this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) because the actions identified in the ordinance are limited to allowing by right certain backyard chickens in a residential zone. The program would result in a negligible expansion of residential uses. 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).)
May 2, 2023, Reg. CC Mtg., Page # 407
THE CITY COUNCIL OF THE CITY OF LOMITA HEREBY ORDAINS AS FOLLOWS:
Section 4. Zoning Amendments
Based on the foregoing, the City Council hereby approves of the following amendments to the Lomita Municipal Code:
A. The definition for “farm pet” provided in Article 15 (“Definitions”) of Title XI of the Lomita Municipal Code is hereby amended to read as follows:
“Farm pet shall mean hen chickens, donkeys, ducks, geese, goats, horses, mules, sheep, turkeys and such other similar animals which in the opinion of the Lomita Planning Commission are neither more obnoxious nor detrimental to the public welfare than the animals enumerated above.”
B. Section 11-1.30.01 (“Uses”) of Article 30 (“Residential Zones”) of Chapter 1 (“Zoning”) of Title XI of the Lomita Municipal Code is hereby amended to insert regulations for a new use as follows:
Use Zone Supplemental
Requirements
A-1 R-1 RVD
Hens (female chickens) P P Section 11-1.30.08
C. Section 11-1.30.08 (“Pets–Household and farm”) of Article 30 (“Residential Zones”) of Chapter 1 (“Zoning”) of Title XI of the Lomita Municipal Code is hereby amended in its entirety to read as follows:
“Sec. 11-1.30.08. Pets—Household and farm.
(A) Household pets are permitted in all residential zones provided that the number does not exceed three (3) dogs or cats over the age of six (6) months. (B) Roosters (male chickens) are not permitted on any residential property. (C) Hens (female chickens) are permitted within the A-1 and R-1 Zones subject to the following:
(1) A maximum of five (5) hens plus offspring under three (3) months of age may be permitted on one lot.
(2) Any hen shall be provided with proper shelter and protection from the weather at all times, subject to the following requirements:
(a) The coop shall be structurally sound and shall be maintained in good repair and maintained in a sanitary condition, to protect the May 2, 2023, Reg. CC Mtg., Page # 408
animals from injury or illness, to contain the animals, and to restrict the entrance of other animals.
(b) The coop shall be constructed of material easily cleaned and shall be kept in a sanitary condition. The structure shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required, according to the physical need of the animals, with sufficient light to allow observation of animals and sanitation.
(c) The coop floor area shall include a minimum of ten (10) square feet per hen over three (3) months of age and a maximum of onehundred (100) square feet in total. (d) The coop shall only be located within the rear yard. (e) The coop shall be located at least fifteen (15) feet from any property line.
(f) The coop shall be located at least five (5) feet from any residential building used for the habitation of human beings. (g) The coop shall be located at least thirty-five (35) feet from any public street curb.
(h) The coop shall be located at least fifty (50) feet from any lot located within a commercial zone or a lot containing a hospital or a school.
(i) The coop shall be no taller than eight (8) feet from ground level. (D) All other farm pets are permitted in the A-1 Zone subject to the following:
(1) A minimum lot size of nine thousand five hundred (9,500) square feet. (2) Each horse, mule, or donkey shall have a minimum enclosed area of five hundred (500) square feet for the first such animal and three hundred (300) square feet for each additional animal.
(3) Farm pets shall be kept a minimum distance of fifty (50) feet from any lot located within a commercial zone or a lot containing a hospital or a school.
(4) A maximum of three (3) horses, mules, donkeys, or any combination thereof may be permitted on one lot.
(5) The total number of farm pets shall not exceed twelve (12) on one lot.” 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, May 2, 2023, Reg. CC Mtg., Page # 409
subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid.
Section 6. Effective Date
This ordinance shall take effect thirty (30) days after the date of its passage; and prior to fifteen (15) days after its passage, the City Clerk shall cause a copy of this ordinance to be published in accordance with the provisions of the law. The City Clerk shall certify the adoption of this ordinance.
PASSED, APPROVED, AND ADOPTED this 16th day of May , 2023. ____________________________
Barry Waite, Mayor
ATTEST:
____________________________
Kathleen Horn Gregory, City Clerk
APPROVED AS TO FORM:
____________________________
Trevor Rusin, City Attorney
May 2, 2023, Reg. CC Mtg., Page # 410
Attachment 2
1 Sec. 11-1.15.06(F). -
Farm pet shall mean hen chickens, donkeys, ducks, geese, goats, horses, mules, sheep, turkeys and such other similar animals which in the opinion of the Lomita Planning Commission are neither more obnoxious nor detrimental to the public welfare than the animals enumerated above.
Sec. 11-1.30.01. - Uses.
Use
Zone
Supplemental Requirements
A-1 R-1 RVD
Farm pets P Section 11-1.30.08
Hens (female chickens) P P Section 11-1.30.08
Sec. 11-1.30.08. - Pets—Household and farm.
(A) (A) Household pets are permitted in all residential zones provided that the number does not exceed three (3) dogs or cats over the age of six (6) months. (B) Roosters (male chickens) are not permitted on any residential property. (C) Hens (female chickens) are permitted within the A-1 and R-1 Zones subject to the following:
(1) A maximum of five (5) hens plus offspring under three (3) months of age may be permitted on one lot.
(2) Any hen shall be provided with proper shelter and protection from the weather at all times, subject to the following requirements:
(a) The coop shall be structurally sound and shall be maintained in good repair and maintained in a sanitary condition, to protect the animals from injury or illness, to contain the animals, and to restrict the entrance of other animals. (b) The coop shall be constructed of material easily cleaned and shall be kept in a sanitary condition. The structure shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required, according to the physical need of the animals, with sufficient light to allow observation of animals and sanitation.
(c) The coop floor area shall include a minimum of ten (10) square feet per hen over three (30 months of age and a maximum of one-hundred (100) square feet in total. (d) The coop shall only be located within the rear yard. (e) The coop shall be located at least fifteen (15) feet from any property line. (f) The coop shall be located at least five (5) feet from any residential building used for the habitation of human beings.
(g) The coop shall be located at least thirty-five (35) feet from any public street curb. (h) The coop shall be located at least fifty (50) feet from any lot located within a commercial zone or a lot containing a hospital or a school. (i) The coop shall be no taller than eight (8) feet from ground level. (BD) All other Ffarm pets are permitted in the A-1 Zone subject to the following:
(1) A minimum lot size of nine thousand five hundred (9,500) square feet. (2) Each horse, mule, or donkey shall have a minimum enclosed area of five hundred (500) square feet for the first such animal and three hundred (300) square feet for each additional animal.
May 2, 2023, Reg. CC Mtg., Page # 411
Attachment 2
2 (3) Farm pets shall be kept a minimum distance of fifty (50) feet from any lot located within a commercial zone or a lot containing not closer than thirty-five (35) feet to any food establishment, residence,a hospital or a, school, or other building used for the habitation of human beings.
(4) A maximum of three (3) horses, mules, donkeys, or any combination thereof may be permitted on one subject sitelot.
(5) The total number of farm pets shall not to exceed twelve (12) on one lot.
May 2, 2023, Reg. CC Mtg., Page # 412
1 TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Brianna Rindge, AICP, Community & Economic Development Director
MEETING DATE: May 2, 2023
SUBJECT: Discussion and Consideration of a Zone Text Amendment Regulating Planned Residential Developments
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 Title XI (Planning and Zoning) to specify regulations in compatibility with adopted Ordinance No. 839 regulating planned residential developments; 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
On September 6, 2022, City Council adopted Ordinance No. 839 to create Lomita Municipal Code (LMC) Section 11-1.30.19 to allow for planned residential development in accordance with State law and the City’s adopted Housing Element. This ordinance solely updated Chapter 1 (“Zoning”) of Title XI (“Planning and Zoning”). The City has since received applications under this ordinance and discovered that amendments to Chapter 2 (“Division of Land”) were necessary to agree with the regulations set forth by adopted Ordinance No. 839.
On April 10, 2023, the Planning Commission unanimously recommended adoption of the draft ordinance (Attachment 1; redline version provided as Attachment 2).
ANALYSIS
The proposed ordinance makes those necessary changes to various sections of code to carry forth the previously adopted ordinance regulating planned residential developments as follows. The ordinance is solely a clean-up ordinance and proposes no tangible changes to regulations.
Item No. PH 9b
CITY OF LOMITA
CITY COUNCIL REPORT
May 2, 2023, Reg. CC Mtg., Page # 413
2 • Amends Sec. 11-1.30.02 (“Development standards”) and Subsection (a) of Sec. 11-2.171 (“Lot design”) to include minimum street frontage regulated in the same manner as minimum lot area and minimum lot width, as well as a reference to the existing planned residential development section
• Amends Subsection (E) of Sec. 11-1.30.17 (“Planned residential development”) to include lot width and street frontage regulated in the same manner as lot area • Amends the definition for “yard, front” to remove language requiring that the front yard line be coterminous with a street and instead referring to the definition of “lot line, front”
CEQA
The City Council finds that adoption of this Ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, the adoption of this Ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3).)
OPTIONS:
1. Introduce the ordinance on first reading as recommended by the Planning Commission.
2. Introduce the ordinance on first reading with amendments.
3. Do not approve the first reading of the ordinance.
4. Provide staff alternative direction.
PUBLIC NOTICE
Notices of this hearing dated April 18, 2023 were published in the Daily Breeze Newspaper and posted at City Hall and Lomita Park.
ATTACHMENTS
1. Draft Ordinance
2. Redline
May 2, 2023, Reg. CC Mtg., Page # 414
3 Reviewed by: Approved by:
___________________ _______________________
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Reviewed by:
_________________________
Brianna Rindge, AICP
Community & Economic Development Director
May 2, 2023, Reg. CC Mtg., Page # 415
ORDINANCE NO. 852
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMITA, CALIFORNIA, APPROVING ZONING TEXT AMENDMENT 2023-05
AMENDING LOMITA MUNICIPAL CODE TITLE XI (PLANNING AND
ZONING), CHAPTER 2 (DIVISION OF LAND), ARTICLE 4 (DESIGN), SECTION 11-2.171 (LOT DESIGN), AND CHAPTER 1 (ZONING),
ARTICLE 15 (DEFINITIONS), TO SPECIFY REGULATIONS IN
COMPATIBILITY WITH ADOPTED ORDINANCE NO. 839 REGULATING
PLANNED RESIDENTIAL DEVELOPMENTS AND FINDING THE
ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
Section 1. Recitals
A. Chapter 1 of Title XI of Lomita Municipal Code establishes allowable uses, definitions, and development standards of properties within all zoning districts in the city.
B. Chapter 2 of Title XI of the Lomita Municipal Code establishes lot design standards, definitions, and procedures related to the division of land for properties within all zoning districts in the city.
C. On September 6, 2022, Lomita City Council adopted Ordinance No. 839 amending Lomita Municipal Code Chapter 1 of Title XI (Planning and Zoning) to allow for planned residential developments and multiple single-family dwellings.
D. The City desires to amend Chapter 2 of Title XI for consistency with adopted Ordinance No. 839 regulating planned residential developments.
E. On April 10, 2023, the Planning Commission held a duly noticed public hearing on Zone Text Amendment No. 2023-05 (initiated by the City of Lomita), where public testimony was accepted on the item and after deliberations the Planning Commission recommended that the City Council approve the requested Zoning Text Amendment.
F. On May 16, 2023, the City Council considered Zoning Text Amendment No. 2023- 05 to amend Lomita Municipal Code Title XI (Planning And Zoning), Chapter 2 (Division of Land), Article 4 (Design), Section 11-2.171 (Lot Design), and Chapter 1 (Zoning), Article 15 (Definitions), to specify regulations in compatibility with adopted ordinance no. 839 regulating planned residential developments, and held a duly noticed public hearing and accepted testimony in regard to the same.
Attachment No. 1
May 2, 2023, Reg. CC Mtg., Page # 416
Ordinance No. 852
Section 2. General Plan
This Ordinance’s amendments to Title XI of the Lomita Municipal Code are consistent with, and in furtherance of, the City’s adopted General Plan as they effectuate the following Policies of the General Plan:
A. Land Use Policy 13 which provides that the City will work to manage growth and development in the city consistent with historic development trends in the city; B. Housing Element Policy 2.2 which provides that the City will support periodic review and modifications to City ordinances intended to address a variety of housing types; C. Housing Element Policy 4.1 which provides that the City will continue to promote equitable and fair housing opportunities for all persons.
D. Housing Element Program 29 which provides that the City amend the Municipal Code to streamline, update, and simplify regulations.
Section 3. Environmental Review
The Recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.
The City Council finds that adoption of this Ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Alternatively, the adoption of this Ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3).)
THE CITY COUNCIL OF THE CITY OF LOMITA HEREBY ORDAINS AS FOLLOWS:
Section 4. Zoning Amendments
Based on the foregoing, the City Council hereby approves of the following amendments to the Lomita Municipal Code:
A. The definition for “yard, front” provided in Article 15 (“Definitions”) of Title XI of the Lomita Municipal Code is hereby amended to read as follows:
“Yard, front shall mean a landscaped yard extending across the full front width of the lot or parcel of land. The depth of a required front yard shall be a specified horizontal May 2, 2023, Reg. CC Mtg., Page # 417
Ordinance No. 852
distance between the front lot line and a line parallel thereto on the lot or parcel of land.”
B. Section 11-1.30.02 (“Development standards”) of Article 30 (“Residential Zones”) of Chapter 1 (“Zoning”) of Title XI of the Lomita Municipal Code is hereby amended to: insert regulations for a new development standard; amend language for minimum lot width; and amend Note (2); as follows:
Development Standard Zone PRD
A-1 (8) R-1 (8) RVD
(Residential
Variable Density)
PRD (Planned
Residential
Development) (7)(10)
Minimum lot width (8) 50' 50' 50' Varies
Minimum lot frontage 50’ (2) 50' (2) 50' (2) Varies
Notes:
(2) Fifty (50) feet of frontage must be on a dedicated public street. A lot fronting a turnaround portion of a cul-de-sac may be forty (40) feet wide. Modification subject to development standards and requirements applicable to Section 11-1.30.15 for urban lot split, Section 11-1.30.16 for two-unit residential development, and Section 11-1.30.17 for planned residential development.
C. Subsection (a) of Section 11-2.171 (“Lot design”) of Article 4 (“Design”) of Chapter 2 (“Division of Land”) of Title XI of the Lomita Municipal Code is hereby amended in its entirety to read as follows:
“(a) Each lot in a division of land shall have an area, lot width, and street frontage of not less than the required standard for the zone within which the lot is located, unless approved as a planned residential development under Section 11-1.30.17 of this Title.
Strips of land intended for use as vehicular access shall not be included in calculating average width or required area. The required area and the required width shall be the same as those terms are defined in the zoning ordinance. Where said zoning ordinance does not establish a required area or width in a particular zone, the required area shall be five thousand (5,000) square feet. The required lot width for all lots shall be not less than fifty (50) feet along the entire length of the lot, including a minimum of fifty (50) feet of frontage on a fully dedicated street unless approved as a planned residential development under Section 11-1.30.17 of this Title. A lot fronting on the turnaround portion of a cul-de-sac street may have a minimum frontage of forty (40) feet. A variance from these requirements may be applied for pursuant to Article 70 of the Lomita Municipal Code, "Zoning Ordinance Administration.” May 2, 2023, Reg. CC Mtg., Page # 418
Ordinance No. 852
D. Subsection (E) of Section 11-1.30.17 (“Planned residential development”) of Article 30 (“Residential Zones”) of Chapter 1 (“Zoning”) of Title XI of the Lomita Municipal Code is hereby amended in its entirety to read as follows:
“(E) Special development standards.
(1) The lot area approved by the director of community development shall be deemed the minimum area or required area per dwelling unit established by the planned residential development.
(2) The lot width approved by the director of community development shall be deemed the minimum lot width per dwelling unit established by the planned residential development.
(3) The street frontage approved by the director of community development shall be deemed the minimum street frontage per dwelling unit established by the planned residential development.”
Section 5.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part hereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part thereof. The City Council of the City of Lomita hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid.
Section 6. Effective Date
This ordinance shall take effect thirty (30) days after the date of its passage; and prior to fifteen (15) days after its passage, the City Clerk shall cause a copy of this ordinance to be published in accordance with the provisions of the law. The City Clerk shall certify the adoption of this ordinance.
May 2, 2023, Reg. CC Mtg., Page # 419
Ordinance No. 852
PASSED, APPROVED, AND ADOPTED this 16th day of May 2023. ____________________________
Barry Waite, Mayor
ATTEST:
____________________________
Kathleen Horn Gregory, City Clerk
APPROVED AS TO FORM:
____________________________
Trevor Rusin, City Attorney
May 2, 2023, Reg. CC Mtg., Page # 420
Created: 2023-01-31 15:25:06 [EST]
(Supp. No. 16)
Sec. 11-1.15.25(Y).
Yard, front shall mean a landscaped yard extending across the full front width of the lot or parcel of land. The depth of a required front yard shall be a specified horizontal distance between the front lot line, where the front lot line is coterminous with the street line of a fully widened street or highway, or the ultimate street line of a partially widened street or highway, and a line parallel thereto on the lot or parcel of land.
Sec. 11-1.30.02. - Development standards.
Development
Standard
Zone PRD
A-1 (8) R-1 (8) RVD
(Residential
Variable
Density)
PRD (Planned
Residential
Development) (7)(10)
Minimum lot area (square
feet) (8)
5,000 5,000 (1) Varies
Minimum lot width (2)(8) 50' 50' 50' Varies
Minimum lot frontage 50’ (2) 50' (2) 50' (2) Varies
Maximum floor area ratio .60 .60 NA NA
Dwelling units per acre
(3)
8.7 -
10.89 8.7 -
10.89 (1) (3)
Front yard setback * 20' 20' 20' 20'
Corner lot—Secondary
front *
10' 10' 10' 10'
Side yard
setbacks *(4)(8)
5' 5' 5' 5'
Rear yard setback for
principal structure *
20' 20' 20' 15'
Maximum height of
principal structure (5)(8)
27' 27' 27' 27'
Attachment 2
May 2, 2023, Reg. CC Mtg., Page # 421
Created: 2023-01-31 15:25:06 [EST]
(Supp. No. 16)
Maximum height of
accessory structures,
detached accessory
dwelling units and twounit residential
development (6)
16' 16' 16' 16'
Maximum height of
accessory dwelling unit
complying with the
setback requirements of
the principal structure
27' 27' 27' 16'
Minimum rear and side
yard setbacks for newly
constructed accessory
dwelling units not
exceeding 16 feet height
(9)
4' 4' 4' 4'
Minimum rear and side
yard setback accessory
structures pursuant
to Section 11-1.30.05
3' 3' 3' 3'
Notes:
* Modifications to yard setbacks subject to the provisions for "Modifications" (Section 11-1.70.08) and "Site plan review" (Section 11-1.70.07). (1) The RVD zone has multiple density levels and the allowable densities are dictated by the number following the zoning symbol as indicated on the City of Lomita Zoning Map (e.g., RVD-1,500: 1 unit per 1,500 square feet and 29.04 du/acre).
(2) Fifty (50) feet of frontage must be on a dedicated public street. A lot fronting a turnaround portion of a cul-de-sac may be forty (40) feet wide. Modification subject to development standards and requirements applicable to Section 11-
1.30.15 for urban lot split, and Section 11-1.30.16 for two-unit residential development, and Section 11-1.30.17 for planned residential development. (3) Density subject to the general plan designation of the subject property.
May 2, 2023, Reg. CC Mtg., Page # 422
Created: 2023-01-31 15:25:06 [EST]
(Supp. No. 16)
(4) Setback equals ten (10) percent of the lot width, but not less than three (3) feet and need not exceed five (5) feet.
(5) Residential properties located south of Pacific Coast Highway shall be limited to sixteen (16) feet, and no more than one story, in height unless a height variation permit is granted. Section 11-1.30.12.
(6) Accessory structures, accessory dwelling and new dwelling units subject to Section 11-1.30.16 are limited to one story.
(7) Refer to Section 11-1.30.14 for additional requirements. (8) Refer to Section 11-1.30.15 for development standards applicable to urban lot splits; refer to Section 11-1.30.16 for development standards applicable to twounit residential development; Section 11-1.30.17 for planned residential development.
(9) Refer to Section 11-1.30.06 for development standards applicable to accessory dwelling units and junior accessory dwelling units.
(10) Refer to Section 11-1.30.17 for development standards applicable to planned residential developments. The number of dwelling units per acre may be increased up to 10.89 for a planned residential development.
Sec. 11-2.171. Lot design.
(a) Each lot in a division of land shall have an area, lot width, and street frontage of not less than the required areastandard for the zone within which the lot is located, unless approved as a planned residential development under Section 11-1.30.17 of this Title. Each lot shall have width of not less than the required width. Strips of land intended for use as vehicular access shall not be included in calculating average width or required area. The required area and the required width shall be the same as those terms are defined in the zoning ordinance. Where said zoning ordinance does not establish a required area or width in a particular zone, the required area shall be five thousand (5,000) square feet. The required lot width for all lots shall be not less than fifty (50) feet along the entire length of the lot, including a minimum of fifty (50) feet of frontage on a fully dedicated street unless approved as a planned residential development under Section 11-1.30.17 of this Title. A lot fronting on the turnaround portion of a cul-de-sac street may have a minimum frontage of forty (40) feet. A variance from these requirements may be applied for pursuant to Article 70 of the Lomita Municipal Code, "Zoning Ordinance Administration." May 2, 2023, Reg. CC Mtg., Page # 423
Created: 2023-01-31 15:25:06 [EST]
(Supp. No. 16)
Sec. 11-1.30.17. Planned residential development.
(E) Special development standards.
(1) Minimum area. The lot area approved by the director of community development shall be deemed the minimum area or required area per dwelling unit established by the planned residential development.
(2) The lot width approved by the director of community development shall be deemed the minimum lot width per dwelling unit established by the planned residential development.
(3) The street frontage approved by the director of community development shall be deemed the minimum street frontage per dwelling unit established by the planned residential development.
May 2, 2023, Reg. CC Mtg., Page # 424
1 TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Brianna Rindge, AICP, Community & Economic Development Director
MEETING DATE: May 2, 2023
SUBJECT: Discussion and Consideration of a Zone Text Amendment Updating Outdoor Dining Regulations
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 Section 11-1.68.06 (Outdoor Dining) to update outdoor dining 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 Municipal Code Section 11-1.68.06 was created in 1996 and amended in 2005 to regulate outdoor dining in both public right-of-way and on private property (Attachment A). In the nearly 20 years since its last amendment, retail conditions have changed. Particularly, since 2020, the global COVID-19 pandemic pushed diners outdoors to prevent the spread of COVID-19 and other airborne illnesses. The spreading apart of tables indoors to achieve the same goal also pushed existing tables outdoors. On average, approximately 80% of days per year are sunny in Lomita and rain falls approximately 15% of days. In addition, Lomita is one of the most temperate places in the country with the average daytime temperature ranging from 68° in December to 84° in August. Lomita businesses have an opportunity for outdoor dining not found in most places in the world.
Benefits to permitting more outdoor dining are activated commercial spaces, a livelier downtown area, increased transparency and safety, free advertising for businesses, ability to serve more patrons, and expanded tax base.
The Planning Commission discussed this item and provided feedback at its February 13, 2023, meeting and the City Council’s Economic Development Subcommittee discussed
Item No. PH 9c
CITY OF LOMITA
CITY COUNCIL REPORT
May 2, 2023, Reg. CC Mtg., Page # 425
2 and provided feedback at a meeting on February 22, 2023. Staff also met with the Lomita Chamber of Commerce to discuss the matter, receiving support. On April 10, 2023, the Planning Commission unanimously recommended adoption of the draft ordinance (Attachment 1; redline version provided as Attachment 2).
ANALYSIS
Several Lomita businesses maintain temporary structures that were installed in response to COVID-19. With the COVID-19 temporary allowances order lifted, the City must enforce the outdoor dining ordinance, intending to do so upon the effective date of this ordinance (intended for June 15, 2023). Staff will begin with verbal or written notification, with the potential for citation to follow only if the two notices are ignored.
The draft ordinance makes the following changes to the existing outdoor dining ordinance, Section 11-1.68.06 (“Outdoor dining”) of Article 68 (“Special Development Standards” of Title XI (“Planning and Zoning”) of the Lomita Municipal Code). • Allows outdoor dining in conformance with any existing CUPs and through entitlement for those without a CUP
• Specifies that CUP amendment may be required to expand operations beyond the permitted areas or hours of the existing CUP
• Adds CPD to permitted zoning districts
• Requires full kitchen in the business
• Reminds business owners with outdoor dining that the City has full right to enter the encroachment area and waives any claim for resulting damages • Refers the fee to the fee schedule for quicker occasional updates • Requires that the outdoor dining not interfere with visibility, vehicular or pedestrian mobility, or utility access
• Requires entire area and its ingress/egress to comply with ADA standards, allowing access to disabled patrons
• Allows use of another business’ frontage only with signed consent of property owner • Requires wheel stops for parking spaces within 3’ of outdoor dining • Allows permanent fixtures to be installed on private property only • Design shall match adjacent building
• Allows canopies over private property only
• Allows umbrellas without advertising, not obstructing ROW/walkway, & fireresistant • Prohibits tents/temporary structures for outdoor dining • Allows heaters with distance requirements for safety
• Requires lighting for post-sunset dining & regulates it for safety of travelers along the adjacent street
• Trash and utilities shall be screened from public view • Outdoor dining space may not be in operation outside of the approved hours of the associated restaurant
• Reminds business owners with outdoor dining that the Noise Ordinance prevails • Outdoor cooking, live music, etc. only permitted through Special Events Permit • Outdoor dining area subject to existing City noise limits May 2, 2023, Reg. CC Mtg., Page # 426
3 • Prohibits smoking in outdoor dining areas in accordance with existing regulations • Requires maintenance to clear of any litter/debris
• Permits transfer of approved outdoor dining permits
• Requires removal of graffiti within 48 hours
Each of these provisions would be enforceable by the Code Enforcement Officer.
CEQA
The project is categorically exempt under State CEQA Guidelines Section 15301 (Existing Facilities) because the actions identified in the ordinance are limited to the permitting and minor alteration of existing public facilities, including existing sidewalks. The ordinance would result in a negligible expansion of existing commercial uses and a negligible expansion of the public’s use of City right-of-way, as the uses included in the ordinance would not vary from the current uses of commercial businesses or public access within the City’s right-of-way. 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).)
PUBLIC NOTICE
Notices of this hearing dated April 18, 2023, were published in the Daily Breeze Newspaper and posted at City Hall and Lomita Park.
OPTIONS:
1. Introduce the ordinance on first reading as recommended by the Planning Commission.
2. Introduce the ordinance on first reading with amendments.
3. Do not approve the first reading of the ordinance.
4. Provide staff alternative direction.
ATTACHMENTS
1. Draft Ordinance
2. Redline
May 2, 2023, Reg. CC Mtg., Page # 427
4 Reviewed by: Approved by:
___________________ _______________________
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Reviewed by:
_________________________
Brianna Rindge, AICP
Community & Economic Development Director
May 2, 2023, Reg. CC Mtg., Page # 428
ORDINANCE NO. 853
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMITA, CALIFORNIA, APPROVING ZONING TEXT AMENDMENT 2023-03
AMENDING LOMITA MUNICIPAL CODE TITLE XI (PLANNING AND
ZONING), CHAPTER 1 (ZONING), ARTICLE 68 (SPECIAL
DEVELOPMENT STANDARDS), SECTION 11-1.68.06 (OUTDOOR
DINING) TO UPDATE OUTDOOR DINING REGULATIONS AND FINDING
THE ACTION TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
Section 1. Recitals
A. Chapter 1 of the Lomita Municipal Code establishes allowable uses, definitions, and development standards of properties within all zoning districts in the city.
B. The proposed zoning text amendment 2023-03 is an update to Section 11-1.68.06 of the Lomita Municipal Code, the City’s outdoor dining regulations. The intent of this amendment is to increase restaurants’ ability to provide outdoor dining and seating areas while maintaining an attractive design and protecting the public interest.
C. The code amendments are reasonable and serve the purpose of responding to changes in customer and business owner preferences related to outdoor dining in light of the global COVID-19 pandemic.
D. On April 10, 2023, the Planning Commission held a duly noticed public hearing on Zone Text Amendment No. 2023-01 (initiated by the City of Lomita), where public testimony was accepted on the item and after deliberations the Planning Commission recommended that the City Council approve the requested Zoning Text Amendment.
E. On May 16, 2023, the City Council considered Zoning Text Amendment No. 2023- 03 to amend Lomita’s Municipal Code Title XI (“Planning and Zoning”) Chapter 1 (Zoning), Article 68 (Special Development Standards), Section 11-1.68.06 (Outdoor Dining) to update outdoor dining regulations, and held a duly noticed public hearing and accepted testimony in regard to the same.
Section 2. General Plan
This Ordinance’s amendments to Title XI of the Lomita Municipal Code are consistent with, and in furtherance of, the City’s adopted General Plan as they effectuate the following Policies of the General Plan:
A. Economic Development Policy 1 which provides that the City will promote and support revitalization within the City’s commercial districts; Attachment No. 1
May 2, 2023, Reg. CC Mtg., Page # 429
Ordinance No. 853
B. Economic Development Policy 2 which provides that the City will continue to encourage the development of prosperous tourist, commercial, and entertainment uses along Pacific Coast Highway;
C. Economic Development Policy 3 which provides that the City will promote the improvement and revitalization of existing commercial areas and neighborhood shopping centers;
D. Economic Development Policy 5 which provides that the City will encourage a diversity of land uses and businesses within the City’s commercial districts; E. Economic Development policy 8 which provides that the City will strive to attract destination-oriented businesses that will stimulate commercial activity and investments in the community;
F. Land Use Policy 10 which provides that the City will promote the improvement of aesthetic and visual qualities of the community by implementing development standards for private improvements;
G. Land Use Policy 12 which provides that the City will periodically update the zoning ordinance critical to the Land Use Element’s implementation; H. Land Use Policy 14 which provides that the City will promote a healthy and congenial environment for business, where properly zoned; I. Land Use Policy 17 which provides that the City will promote the maintenance and preservation of activities that contribute to the City’s economic and employment base; and
J. Land Use Policy 19 which provides that the City will strive to develop a pedestrian downtown that is economically viable and promotes a wide range of activities.
Section 3. Environmental Review
The Recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.
The City Council finds that adoption of this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) because the actions identified in the ordinance are limited to the permitting and minor alteration of existing public facilities, including existing sidewalks. The ordinance would result in a negligible expansion of existing commercial uses and a negligible expansion of the public’s use of City right-of-way, as the uses included in the ordinance would not vary from the current uses of commercial businesses or public access within the City’s right-of-way. Alternatively, the adoption of this ordinance is exempt from CEQA because May 2, 2023, Reg. CC Mtg., Page # 430
Ordinance No. 853
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 11-1.68.06 (“Outdoor Dining”) of Article 68 (“Special Development Standards”) of Chapter 1 (“Zoning”) of Title XI of the Lomita Municipal Code is hereby amended in its entirety to read as follows:
“Sec. 11-1.68.06. Outdoor dining.
(1) Purpose. The purpose of this section is to permit and encourage outdoor dining that is compatible with other uses of the public sidewalk and surrounding land uses. Outdoor dining encourages a pedestrian-oriented environment and helps to create a visually attractive atmosphere and streetscape.
(2) Permit required.
(a) A permit shall be required for outdoor dining on public property. (b) A Conditional Use Permit amendment may be required, within the community development director’s discretion, for a business to expand operations beyond that specified by the existing, valid Conditional Use Permit.
(3) Location.
(a) Outdoor dining may be considered for a business located within any commercial zone on adjacent private or public property. . (b) Outdoor dining within the public right-of-way shall not be permitted along state highways (Pacific Coast Highway—SR 1 and Western Avenue—SR 213) unless approval is granted by CalTrans.
(c) Outdoor dining is only permitted at businesses with a full kitchen. (4) Procedure/review. The community development director shall consider all applications for outdoor dining. Applications for outdoor dining within the public-right-of-way shall also be reviewed by the public works director. (5) Application submittal requirements.
(a) Completion of a general planning application form requesting outdoor dining.
(b) For outdoor dining in the public right-of-way, a revocable license agreement shall be signed by the property and/or business owners.
May 2, 2023, Reg. CC Mtg., Page # 431
Ordinance No. 853
(c) A dimensioned site plan indicating location of tables, chairs, etc. and size in square feet of the outdoor dining area.
(d) A photo(s)/elevation of proposed tables, chairs, temporary walls, planters, etc. shall be submitted with the application for city review. (f) The business and property owner shall acknowledge the City's right to enter the encroachment area to inspect, replace, repair, or maintain public facilities above, on, or under the right-of-way and the business and property owner expressly waives any and all claims for damages to its encroachment resulting from such actions.
(e) Other information as required by the community development director. (f) Should a permit for outdoor dining be approved, a final inspection shall be made by the city's code enforcement officer to verify compliance with the approved plans.
(g) An administrative application fee set by resolution of the city council for an outdoor dining encroachment permit shall be paid to the city. (6) Development standards.
(a) The outdoor dining area shall be located in a manner which will not interfere with visibility, vehicular or pedestrian mobility, or access to city or public utility facilities. The determination of whether an outdoor dining area or any part thereof interferes shall be made by the public works director at the time of application review based on the characteristics of each proposed site.
(b) The outdoor dining area and its ingress and egress shall be designed in compliance with applicable law, including but not limited to, the Americans with Disabilities Act.
(c) The outdoor dining area shall be located adjacent to the business. A business may only use a portion of an adjacent business’ frontage to expand its outdoor dining area if it submits a letter signed by the current property owner agreeing to the use of the frontage.(d) A minimum sidewalk width of six (6) feet shall be maintained for pedestrians. (e) Off-street parking shall be provided at one (1) parking space for each one hundred fifty (150) square feet of outdoor dining area. (f) Any parking space located within three (3) feet of the outdoor dining area shall include a wheel stop.
(g) For outdoor dining within the public right-of-way, the dining infrastructure shall be temporary, such that all tables and chairs may be removed daily.
Planters, fencing, and other lines of demarcation between the outdoor dining area and pedestrian path of travel are allowed only if the materials can easily be removed at the request of the City for special events or required maintenance. The height of these installations shall not exceed May 2, 2023, Reg. CC Mtg., Page # 432
Ordinance No. 853
three (3) feet from the pedestrian surface to the top of the planter or other physical barrier.
(h) The design, quality, materials, and colors used for chairs, tables, lighting and other similar items shall complement the architectural style and colors used on the adjacent building.
(i) Canopies attached to the building or the ground are only permitted over private property, may extend no further than the outer limits of the approved outdoor dining area, and must be approved only by the Planning Commission through Site Plan Review pursuant to Title XI, Chapter 1, Article 70 of this Code
(j) Umbrellas are permitted only if they do not obstruct the public right-ofway or walkway and do not contain advertising. Umbrella material shall be fire-retardant or fire-resistant material. A tents or other temporary shelter is not permitted.
(k) Portable heaters are permitted if outdoor-approved, located in accordance with the manufacturer's recommendations, and located at least two (2) feet from the edge of any umbrella canvas, tree foliage, or any other flammable object or material. Heaters are not operated under umbrellas.
(l) Lighting is required for an outdoor dining area in operation after sunset.
Any lighting fixtures must be decorative and complement the architectural character of the building and area. Lights mounted on the building shall not cause direct glare or other visual obstruction to pedestrians or vehicle drivers along the street and public walkway, and must only illuminate only the outdoor dining area and sidewalk area.
(m) Trash facilities and any utility infrastructure shall be screened from public view.
(n) The outdoor dining hours of operation shall not extend beyond the hours of operation of the associated restaurant.
(o) The outdoor dining area must comply with the noise limits provided in Section 4-4.04 of this Code.
(p) Outdoor cooking, live music, and other uses beyond customer dining are not permitted without prior City approval of a Special Event Permit regardless of the number of expected attendees.(q) Smoking is prohibited in all outdoor dining areas. Violators may be subject to a fine. (r) The sidewalk and all items associated with the outdoor dining permit shall be maintained in a clean and orderly condition, free of litter, debris, and graffiti. Any graffiti shall be removed within 48 hours. (7) Denial, revocation, or appeal of permit.
May 2, 2023, Reg. CC Mtg., Page # 433
Ordinance No. 853
(a) The decision of the community development director may be appealed to the planning commission within fifteen (15) days of the date of the decision.
(b) Violations of the standards within this section shall be cause for the city to revoke the outdoor dining permit. The community development director shall provide notice to an affected business owner for all revocations with reasons for the revocation stated therein. The business owner may make a written request to the community development director for reconsideration of the outdoor dining permit and the actions proposed to correct any violations. The community development director may consider the request or defer action to the planning commission.” Section 5.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part hereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part thereof. The City Council of the City of Lomita hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid.
Section 6. Effective Date
This ordinance shall take effect thirty (30) days after the date of its passage; and prior to fifteen (15) days after its passage, the City Clerk shall cause a copy of this ordinance to be published in accordance with the provisions of the law. The City Clerk shall certify the adoption of this ordinance.
PASSED, APPROVED, AND ADOPTED this day of 2023.
____________________________
Barry Waite, Mayor
ATTEST:
____________________________
Kathleen Horn Gregory, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Trevor Rusin, City Attorney
May 2, 2023, Reg. CC Mtg., Page # 434
Created: 2023-01-25 15:03:41 [EST]
(Supp. No. 16)
Sec. 11-1.68.06. Outdoor dining.
(1) Purpose. The purpose of this section is to permit and encourage outdoor dining that is compatible with other uses of the public sidewalk and surrounding land uses.
Outdoor dining encourages a pedestrian-oriented environment and helps to create a visually attractive atmosphere and streetscape.
(2) Permit required.
(a) A permit shall be required for outdoor dining on public and/or private property. (b) A Conditional Use Permit amendment may be required, within the community development director’s discretion, for a business to expand operations beyond that specified by the existing, valid Conditional Use Permit. (3) Location.
(a) Outdoor dining within the public right-of-way may be considered for a business located within any commercial zone on adjacent private or public property. the D-C, C-G, M-C and C-R Zones.
(b) Outdoor dining within the public right-of-way shall not be permitted along state highways (Pacific Coast Highway—SR 1 and Western Avenue—SR 213) unless approval is granted by CalTrans.
(c) Outdoor dining may be proposed in all commercial zones within the city on private property. is only permitted at businesses with a full kitchen. (4) Procedure/review. The community development director shall consider all applications for outdoor dining. Applications for outdoor dining within the public-rightof-way shall also be reviewed by the public works director. (5) Application submittal requirements.
(a) Completion of a general planning application form requesting outdoor dining. (b) For outdoor dining in the public right-of-way, a revocable license agreement shall be signed by the property and/or business owners.
(c) A dimensioned site plan indicating location of tables, chairs, etc. and size in square feet of the outdoor dining area.
(d) A photo(s)/elevation of proposed tables, chairs, temporary walls, planters, etc. shall be submitted with the application for city review. (f) The business and property owner shall acknowledge the City's right to enter the encroachment area to inspect, replace, repair, or maintain public facilities above, on, or under the right-of-way and the business and property owner expressly waives any and all claims for damages to its encroachment resulting from such actions.
(e) Other information as required by the community development director.
Attachment 2
May 2, 2023, Reg. CC Mtg., Page # 435
Created: 2023-01-25 15:03:41 [EST]
(Supp. No. 16)
(f) Should a permit for outdoor dining be approved, a final inspection shall be made by the city's code enforcement officer to verify compliance with the approved plans.
(g) An administrative application fee set by resolution of the city council for an outdoor dining encroachment permitof one hundred twenty-five dollars ($125.00) shall be paid to the city.
(6) Development standards.
(a) The outdoor dining area shall be located in a manner which will not interfere with visibility, vehicular or pedestrian mobility, or access to city or public utility facilities. The determination of whether an outdoor dining area or any part thereof interferes shall be made by the public works director at the time of application review based on the characteristics of each proposed site. (b) The outdoor dining area and its ingress and egress shall be designed in compliance with applicable law, including but not limited to, the Americans with Disabilities Act.
(bc) The outdoor dining area shall be located adjacent to the business. A business may only use a portion of an adjacent business’ frontage to expand its outdoor dining area if it submits a letter signed by the current property owner agreeing to the use of the frontage.
(dc) A minimum sidewalk width of six (6) feet shall be maintained for pedestrians. (ed) Off-street parking shall be provided at one (1) parking space for each one hundred fifty (150) square feet of outdoor dining area. (f) Any parking space located within three (3) feet of the outdoor dining area shall include a wheel stop.
(g) For outdoor dining within the public right-of-way, Tthe dining area infrastructure shall be temporary, such that all tables and chairs may be removed daily.
Planters, fencing, and other lines of demarcation between the outdoor dining area and pedestrian path of travel are allowed only if the materials can easily be removed at the request of the City for special events or required maintenance.
The height of these installations shall not exceed three (3) feet from the pedestrian surface to the top of the planter or other physical barrier. (h) The design, quality, materials, and colors used for chairs, tables, lighting and other similar items shall complement the architectural style and colors used on the adjacent building.
(i) Canopies attached to the building or the ground are only permitted over private property, may extend no further than the outer limits of the approved outdoor dining area, and must be approved only by the Planning Commission through Site Plan Review pursuant to Title XI, Chapter 1, Article 70 of this Code May 2, 2023, Reg. CC Mtg., Page # 436
Created: 2023-01-25 15:03:41 [EST]
(Supp. No. 16)
(j) Umbrellas are permitted only if they do not obstruct the public right-of-way or walkway and do not contain advertising. Umbrella material shall be fire-retardant or fire-resistant material. A tents or other temporary shelter is not permitted. (k) Portable heaters are permitted if outdoor-approved, located in accordance with the manufacturer's recommendations, and located at least two (2) feet from the edge of any umbrella canvas, tree foliage, or any other flammable object or material. Heaters are not operated under umbrellas.
(l) Lighting is required for an outdoor dining area in operation after sunset. Any lighting fixtures must be decorative and complement the architectural character of the building and area. Lights mounted on the building shall not cause direct glare or other visual obstruction to pedestrians or vehicle drivers along the street and public walkway, and must only illuminate only the outdoor dining area and sidewalk area.
(m) Trash facilities and any utility infrastructure shall be screened from public view. (n) The outdoor dining hours of operation shall not extend beyond the hours of operation of the associated restaurant.
(o) The outdoor dining area must comply with the noise limits provided in Section 4-
4.04 of this Code.
(p) Outdoor cooking, live music, and other uses beyond customer dining are not permitted without prior City approval of a Special Event Permit regardless of the number of expected attendees.
(q) Smoking is prohibited in all outdoor dining areas. Violators may be subject to a fine.
(e) Outdoor dining permits shall not be transferable. A change in business owner shall require the submittal of a new outdoor dining permit. (rf) The sidewalk and all items associated with the outdoor dining permit shall be maintained in a clean and orderly condition, free of litter, debris, and graffiti. Any graffiti shall be removed within 48 hours.
(7) Denial, revocation, or appeal of permit.
(a) The decision of the community development director may be appealed to the planning commission within fifteen (15) days of the date of the decision. (b) Violations of the standards within this section shall be cause for the city to revoke the outdoor dining permit. The community development director shall provide notice to an affected business owner for all revocations with reasons for the revocation stated therein. The business owner may make a written request to the community development director for reconsideration of the outdoor dining permit and the actions proposed to correct any violations. The community development director may consider the request or defer action to the planning commission.
May 2, 2023, Reg. CC Mtg., Page # 437