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
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
3 Reviewed by: Approved by:
___________________ _______________________
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Reviewed by:
_________________________
Brianna Rindge, AICP
Community & Economic Development Director
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
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 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.” 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.
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
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
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.
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." 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.