1 TO: City Council
FROM: Ryan Smoot, City Manager
THROUGH: Brianna Rindge, Community & Economic Development Director MEETING DATE: May 16, 2023
SUBJECT: Second Reading and Adoption of Ordinance No. 852 Approving a Zone Text Amendment Regulating Planned Residential
Developments and Finding the Action Exempt from the California Environmental Quality Act
RECOMMENDATION
Adopt ordinance.
BACKGROUND
On May 2, 2023, the City Council introduced on first reading an ordinance 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 previously adopted Ordinance No. 839 regulating planned residential developments and finding the action exempt from the California Environmental Quality Act. This agenda item is to approve the second reading and adoption of the ordinance.
OPTIONS
1. Approve the attached ordinance.
2. Do not approve the ordinance.
3. Provide staff with further direction.
ATTACHMENTS
1. Ordinance No. 852
Item No. 7k
CITY OF LOMITA
CITY COUNCIL REPORT
2 Reviewed by: Approved by:
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Reviewed by:
Brianna Rindge
Community & Economic Development Director
Attachment 1
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.
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:
Ordinance No. 852
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; and 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 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:
Ordinance No. 852
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.” 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.
Ordinance No. 852
(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.
PASSED, APPROVED, AND ADOPTED this 16th day of May 2023. ____________________________
Barry Waite, Mayor
ATTEST:
____________________________
Kathleen Horn Gregory, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Trevor Rusin, City Attorney