Attachment 1
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Mayor
Barry Waite
Mayor Pro-Tem
Bill Uphoff
2022-2024
BIENNIAL BUDGET
MID-CYCLE BUDGETUPDATE
FISCAL YEAR 2023-24
City Council
James Gazeley
Cindy Segawa
Mark Waronek
City Manager
Ryan Smoot
City Attorney
Trevor Rusin
Asst. City Manager
Gary Sugano
Admin. Services Director
Susan Kamada
City Clerk
Kathleen Gregory
Comm & Econ Director
Brianna Rindge
Public Works Director
Carla Dillon
Attachment 2
Reg CC Mtg, June 6, 2023, Page 161 of 244
Table of Contents
MID-CYCLE BUDGET OVERVIEW ......................................................................................................................... 2 All Funds............................................................................................................................................................ 3 General Fund................................................................................................................................................... 4 Capital Improvement Plan.............................................................................................................................6 Personnel Detail...............................................................................................................................................7 Reg CC Mtg, June 6, 2023, Page 162 of 244
MID-CYCLE BUDGET OVERVIEW
Reg CC Mtg, June 6, 2023, Page 163 of 244
ALL FUNDS
The City’s originally adopted budget was $30,6 million for Fiscal Year 2023-24. At Mid-Cycle, budgeted spending has increased to $39.1 million, primarily due to the adjustments to reflect increase costs to utilities, general maintenance, negotiated employee compensation and benefit changes, and the carry-over of capital improvement projects that were not completed in Fiscal Year 2022-23.
Most of the money budgeted for spending for Fiscal Year 2023-24 will be for operating the Water Utility (18%), Capital Projects (34%), and other special revenue funds (10%). The balance will be for general government services (40%) such as the Sheriff’s, City Manager, Finance, City Clerk, and Innovation and Technology.
HOW IS THE MONEY SPENT?
General
Fund 38%
Capital
Projects 34%
Water
18%
Other
10%
More than 70% of the Fiscal Year 2023-24 spending will be funded with Charges for Services and Taxes.
Charges for Services include revenues collected through park rentals, recreation programs, and development fees. The balance of revenue comes from license fees, permit fees, fines, forfeitures, revenues collected from previous years, and other miscellaneous revenue such as interest.
Reg CC Mtg, June 6, 2023, Page 164 of 244
HOW IS THE FISCAL YEAR 2023-24 BUDGET FUNDED?
GENERAL FUND
General Fund Spending
The most complex City fund is the General Fund. It receives most of the City’s taxes (such as Property and Sales taxes) and pays for services provided by 19 different departments. Some of the core services paid for using the General Fund are sheriff’s, parks, recreation, and street maintenance. The Water Utility of the City has its own distinct revenue sources and are accounted for in Enterprise funds. Total budgeted spending for the General Fund is $15 million for 2023-24. The Sheriff’s contract budget reflects 29% of General Fund spending.
Other
Revenue
%
Transfers/
Fund Balance
8%
Sales Tax
16%
Water
32%
Citywide
Revenue
$32.6 M Property
Taxes 9 %
Reg CC Mtg, June 6, 2023, Page 165 of 244
Personnel expenses (comprised of salaries and benefits) make up more than 42% of the budgeted costs for 2023-24. Non-Personnel costs such as public safety (Sheriff’s contract) reflect the next largest spending category representing about 29% of the budget. Contract services and supplies represent about 22% of the budget. Equipment purchases, debt service, operating transfers, and other costs such as special program expenditures make up the balance of General Fund spending (7%).
General Fund Revenue
More than 76% of 2023-24 General Fund Spending is funded by Sales and Use taxes (includes Measure L), Vehicle License Fee, Property Tax, Business License Tax, Franchise Tax, Building and Safety Fee, and other taxes and fees.
For FY 2023-24, budgeted (anticipated) General Fund revenue and expenditures are balanced, and General Fund reserves are estimated to be at $6,074,923 at the end of the FY 2023-24 fiscal year.
FY 2023-24 General Fund Revenue - $15 Million
Sales and Use Tax 66,417,450
20.3% Measure Z
51,557,000
15.8%
Transfers 66,463,507
20.4%
Sales and Use Tax, 5,400,000 ,
35%
Property Tax, 1,957,084 ,
Other Taxes, 1,672,646 13%
, 11%
Licenses and
Permits, 1,110,000 ,
7%
Fines and Forfeitures,
543,000 , 4%
Intergovernmental ,
3,035,000 , 20%
Other Revenues, 697,500 ,
5%
Transfers, 788,476 ,
5%
Reg CC Mtg, June 6, 2023, Page 166 of 244
CAPITAL IMPROVEMENT PLAN
Based on the City’s needs and funding priorities, City staff developed an updated Capital Improvement Plan (CIP) for annual approval by the City Council. Most of the projects in the CIP are related to street improvement, facility enhancements/repairs, and water projects.
Historically the City’s proposed CIP budget has had minimal impact on the City’s General Fund. In recent years the City has been funding the Street Improvement Fund to fund additional projects as needed. This trend continues for the Mid-Cycle Amended FY 2023-24 CIP Budget. The majority of the funding sources for the proposed CIP are related to special revenue funds such as Gas Tax and Measure R for street repairs, enterprise funds for water projects. Most of these projects are carried over from the prior fiscal year, as these have not been completed yet.
FUNDED CIP PROJECTS FOR FISCAL YEARS 2022-2024 BY PROJECT Projects FY 2022-23 FY 2023-24 Total
Street
Reconstruction
1,154,682 2,747,000 3,901,682
ADA Projects 14,000 250,000 264,000
Downtown
Lomita
Stormwater
23,500 174,000 197,500
Traffic Calming 120,000 - 120,000
Sidewalk Imp 250,000 250,000 500,000
Emergency
Generator
110,000 - 110,000
Appian Way Roof 50,000 63,674 113,674
CWPF Project 2,500,000 - 2,500,000
Annual Aged
Pipeline R&R
20,000 1,136,100 1,156,100
Narbonne South
Pipe Replacement
100,000 2,803,623 2,903,623
Second Well 63,135 - 63,135
246th-247th-Western 1,364,916 1,864,916 3,229,832
Pipeline
Replacement –
Other
- 250,000 250,000
Facility
Improvement
- 1,504,720 1,504,720
Park Equipment - 515,000 515,000
Railroad Museum
Improvements
5,000 70,000 75,000
Funded CIP Totals $57756,233 $11,629,033 $17,404,266
Reg CC Mtg, June 6, 2023, Page 167 of 244
Reg CC Mtg, June 6, 2023, Page 168 of 244
In addition to these projects, there are millions of dollars in unfunded CIP needs, which are detailed in the CIP Master Plan.
PERSONNEL DETAIL
There are 51 Full Time positions (FTEs) approved with the FY 2023-24 Mid-Cycle adjustments. This is an increase of 1 FTEs when compared to the final approved positions for the FY 2022-2023 budget. The additional Full Tim position is for the Parking Enforcement division in the City Manager’s Department, to oversee the Parking Enforcement Officers.
Reg CC Mtg, June 6, 2023, Page 169 of 244
Mid-Cycle FY 22-24
Budget Update
Amending the Budget
www.LomitaCity.com
In 2022, the City of Lomita began planning its first two-year budget, moving away from annual budget adoption. As of June 2023, the City finds itself at the mid-cycle point of the budget that spans from 2022 through 2024. Thanks to this new planning strategy, the City is on track to achieve greater continuity of its budget priorities from year to year compared to prior years.
As the City transitions into fiscal year (FY) 23-24 this July, the City’s budget will see changes in revenue and expenses, secure funding for capital project expenditures, the improved safety of our local water sources, and a stable City workforce.
At mid-cycle, budgeted spending has increased to $39 million, primarily due to adjustments to reflect utilities cost increases, general maintenance, negotiated employee compensation and benefit changes, and the carryover of capital improvement projects that were not completed in FY 22-23. Original Revenues
Expenses
Proposed
Amended
Original vs. Proposed Amended Expenses & Revenues 23-2024 $0 $20k $40k
For FY 23-24, budgeted, or anticipated, General Fund revenue and expenses are balanced. General Fund reserves are estimated to be at $6,074,923 at the end of FY 23-24.
More than 76% of 23-24 General Fund spending is funded by Sales and Use Tax, including Measure L, as well as Vehicle License Fee, Property Tax, Business License Tax, Franchise Tax, Building and Safety Fee, and other taxes and fees.
Fiscal Year 2023-2024
General Fund Spending: $15 Million
$30,648,748
$32,655,377
$39,276,351
$30,517,069
i
$
Public Safety: $5,023,980
Recreation & Facilities:
$1,974,111
Community & Economic Development:
$1,165,786
Human Resources Department:
$915,357
Department of the City Manager:
$993,447
Information Technology Department:
$382,000
Finance Department:
$623,064
Public Works, Street & Park Maintenance:
$1,367,746
City Attorney:
$165,000
City Clerk:
$374,935
City Council:
$60,814
Transfers to Other Funds:
$1,957,466
Attachment 3
Reg CC Mtg, June 6, 2023, Page 170 of 244
www.LomitaCity.com
City Staff Update
The City’s professional staff deliver the
essential services that ensure a great quality
of life in Lomita. The City’s full time equivalent (FTE) staff count in FY 23-24 will be 51, an increase of one FTE from FY 22-23. The City’s personnel costs represent 37% of
the City’s total budgeted expenses in the upcoming year.
Water Infrastructure
Projects, FY 22-24
Capital Improvement Projects, FY 22-24
Completed
FY 22-23
In Progress
FY 23-24
In Progress
FY 23-24
FY 23-24
Scheduled
FY 23-24
Scheduled
Capital Improvement Plan
Based on the funding priorities established by the City Council, City staff developed an updated Capital Improvement Plan (CIP).
Most of the projects in the CIP are focused on street improvement, facility enhancements/repairs, and water system improvements.
Capital projects represent 50.2% of total amended budgeted city expenses, or a total of $17,050,263, during this cycle.
Strengthening Lomita’s Water System
Of the $17,050,263 of the budgeted capital improvement
projects, $6,986,532, or 40.9%, represent water system
infrastructure projects. These projects will expand and reinforce Lomita’s water infrastructure, enhancing water quality and reliability.
Purchasing an
emergency generator
Street Reconstruction Zone F
Street Reconstruction Zone C
Facility Improvements
Railroad Museum Improvements
Traffic calming improvements
Street Reconstruction Zone G
ADA Projects
Downtown Lomita
Stormwater Project
Sidewalk Improvements
$0 $1 Million $2 Million $3 Million
100% Completed
100% Completed
47% Completed
7.5% Completed
7% Completed
12% Completed
32% Completed
7% Completed
$1,504,720 Budgeted
$750,000 Budgeted
$63,135 Budgeted
$63,674 Budgeted
Additional Pipe Replacements $250,000 Budgeted
Appian Way Pump Roof System
Narbonne South
Pipe Replacement
Pipeline Repair & Rehabilitation
246th-247th Western
Pipeline Replacement
GAC Filtration System
Second Well Evaluation
$0 $1 Million $2 Million $3 Million $4 Million $5 Million 7% Completed
0.5% Completed
Project Remaining
Project Completed
Project Remaining
Project Completed
80% Completed
$4,090,000 Budgeted
Reg CC Mtg, June 6, 2023, Page 171 of 244
PARKING ENFORCEMENT SUPERVISOR
DEFINITION
Under general supervision, plans, schedules, assigns, trains, leads, and reviews the work of parking enforcement officers; performs administrative support for the parking control program; provides operational assistance to the program manager, performs parking enforcement functions; and performs related duties as assigned.
SUPERVISION RECEIVED AND EXERCISED
Receives general direction from assigned management personnel. Exercises direct supervision of Parking Enforcement Officers.
CLASS CHARACTERISTICS
This is a supervisory classification that oversees all Parking Enforcement and exercises independent judgement on parking control activities with accountability and ongoing decision-making responsibilities associated with the work. Incumbents are responsible for planning, scheduling, supervising, training, reviewing, and evaluating the work of subordinate staff.
EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations where appropriate so qualified employees can perform the essential functions of the job.
➢ Plans, schedules, assigns, supervises, and reviews the work of parking enforcement staff. ➢ Trains new parking enforcement officers concerning parking rules and regulations, as well as policies and procedures.
➢ Assists in selection and promotion; evaluates employee’s work and prepares performance evaluations; counsels employees and effectively recommends initial disciplinary action. ➢ Maintains records pertaining to description of parking enforcement routes, parking code violations, time zone locations, street sweeping, and related matters. ➢ Maintains accurate records, log sheets, and files; prepares related daily and monthly reports. ➢ Responds to a variety of the public’s inquiries and complaints regarding parking regulation and enforcement activities; receives and investigates complaints from citizens concerning parking enforcement officers.
➢ Acts as a liaison for the sheriff’s department on city-wide parking related working groups, meetings, and organizations.
➢ Maintains and issues parking enforcement supplies such as citation books, keys, and assigned equipment.
➢ Reviews, on a daily basis, parking citations issued for accuracy and completeness. ➢ Maintains proper upkeep of parking enforcement vehicles and equipment.
Attachment 4
Reg CC Mtg, June 6, 2023, Page 172 of 244
➢ Performs field work; assists or supervises officer’s duties in the field. ➢ Prepares information to be sent to municipal court regarding parking code violations; override or dismiss violations when appropriate.
➢ Observes and complies with City and mandated safety rules, regulations, and protocols. ➢ Researches and stays abreast of new State, County and local parking laws and regulations. ➢ Manages contracts (parking management system) and crossing guards and prepare staff reports. ➢ Communicates with a wide variety of staff (particularly Code Enforcement and Public Works) on field observations that require attention.
➢ Coordinates parking enforcement with street sweeping services and Code Enforcement as needed. ➢ Updates the team on Public Works projects (street improvement projects, tree trimming schedules, etc.) that may impact street sweeping and the public right of way. ➢ Communicates with school officials on arrival/dismissal times, special events, etc. that may impact the vicinity of the schools. Adjust PEO schedules as needed. ➢ Attends TTAC and other meetings.
➢ Identifies and implements opportunities for improving service delivery methods and procedures. ➢ May occasionally perform the duties of Parking Enforcement Officer; Patrol assigned routes, enforce parking and related traffic ordinances, issues citations and writes warnings. ➢ Performs other duties as assigned.
QUALIFICATIONS
Knowledge of:
➢ Principles and practices of effective supervision and training techniques. ➢ Basic laws, rules, ordinances, and regulations governing parking enforcement functions. ➢ Methods and procedures used in parking enforcement including citation issuance procedures. ➢ Functions, principles, and practices of law enforcement agencies. ➢ Departmental operational policies and procedures relevant to assigned areas of responsibility. ➢ Terminology and procedures used in public safety dispatching. ➢ City geography, maps, streets, and landmarks.
➢ Basic principles of record keeping; modern office methods and practices, and the operation of common office equipment.
➢ Principles and practices of data collection and report preparation. ➢ City and mandated safety rules, regulations, and protocols. ➢ Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.
➢ The structure and content of the English language, including the meaning and spelling of words, rules of composition, and grammar.
➢ Modern equipment and communication tools used for business functions and program, project, and task coordination, including computers and software programs relevant to work performed.
Reg CC Mtg, June 6, 2023, Page 173 of 244
Ability to:
➢ Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.
➢ Supervise, train, and evaluate subordinate personnel. ➢ Understand and follow verbal and written instructions. ➢ Explain codes and regulations to vehicle owners, residents, and others. ➢ Memorize codes, names, street locations, and other information. ➢ Read and interpret maps and other pertinent documentation. ➢ Understand and interpret policies, procedures, and standards relevant to work performed. ➢ Establish and maintain effective working relationships with the public and other City employees. ➢ Assess situations while remaining calm.
➢ Maintain accurate records and files.
➢ Compile and summarize information to prepare accurate, clear, and concise reports. ➢ Use tact, initiative, prudence, and independent judgment within general policy and procedural guidelines.
➢ Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments. ➢ Effectively use computer systems, software applications relevant to work performed, and modern business equipment to perform a variety of work tasks.
Education and Experience:
Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:
Education:
➢ Possession of a high school diploma or G.E.D. required.
Experience:
➢ Three (3) years of field experience issuing parking citations and addressing parking regulation issues and one (1) year of supervisory or lead worker experience.
Licenses and Certifications:
➢ Possession of a valid California Driver’s License, to be maintained throughout employment.
PHYSICAL DEMANDS
Work is performed in both office and field environment. Must possess mobility to work in the field; strength, stamina, and mobility to perform light physical work, to operate a motor vehicle and patrol areas of the City; and to operate varied tools and equipment; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone or radio. The job involves fieldwork requiring driving a motor vehicle, sitting, entering and exiting a vehicle frequently, and frequent walking in operational areas to identify problems or hazards. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard, calculator, or hand-held ticketing device, and to operate above-mentioned tools and equipment. Positions in this classification bend, stoop, kneel, reach, and climb to perform work. Employees must possess the ability to lift, carry, push, and pull materials and objects up to 25 pounds.
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ENVIRONMENTAL CONDITIONS
Employees work in the field and are exposed to loud noise levels, cold and hot temperatures, inclement weather conditions, road hazards, moving vehicles, vibration, mechanical and/or electrical hazards, and hazardous physical substances and fumes. Employees may interact with upset staff and/or public and private representatives, and contractors in interpreting and enforcing departmental policies and procedures.
Reg CC Mtg, June 6, 2023, Page 175 of 244
CITY OF LOMITA - FISCAL YEAR 2022-2024
SECTION IV - AUTHORIZED FULL TIME POSITIONS AND SALARY SCHEDULES Department Position Title Salary Schedule F/T
City Manager's Dept. City Councilmembers N/A N/A
City Manager N/A 1
Assistant City Manager 74 1
City Clerk 52 1
Recreation & Facilities Manager 53 1
Recreation Manager 50 1
Senior Management Analyst 45 1
Senior Human Resources Analyst 46 1
Recreation Supervisor 39 1
Deputy City Clerk 37 1
Parking Enforcement Supervisor 34 1
Administrative Analyst 33 1
Management Assistant 28 0.5
Administrative Assistant (City Clerk's) 24 1
Maintenance Worker II 24 1
Administrative Assistant (Recreation) 24 1
Maintenance Worker I 20 1
Total Department 15.5
Administrative Services Administrative Services Director 69 1 Senior Accountant 48 1
Accountant (Payroll) 42 1
Accounting Technician 27 1
Accounting Assistant 24 2
Total Department 6
Community Development Community & Economic Dev. Director 68 1 Associate Planner 44 1
Assistant Planner 36 1
Code Enforcement Officer II 35 1
Management Assistant 28 0.5
Total Department 4.5
Public Works Public Works Director 70 1
Senior Civil Engineer 55 1
Chief Water Operator Manager 52 1
PW Superintendent - Streets/Trees/Park 52 1
Associate Engineer 49 1
Management Analyst 39 1
Engineering Technician 33 1
PW Lead Worker Streets & Trees 36 1
PW Lead Worker Park Maintenance 36 1
Water Treatment Plant Operator 35 2
Water Service Technician II 27 4
Maintenance Worker II 24 4
Administrative Analyst 33 1
Water Service Technician I 23 1
Maintenance Worker I 20 4
Total Department 25
Total City 51
Attachment No 5
Reg CC Mtg, June 6, 2023, Page 176 of 244
TO: City Council
FROM: Ryan Smoot, City Manager
REVIEWED BY: Carla Dillon, P.E., Public Works Director
PREPARED BY: Mondher Saïed, P.E., Senior Civil Engineer MEETING DATE: June 6, 2023
SUBJECT: Discussion and Consideration to Adopt a Resolution Approving the City of Lomita’s Landscape Maintenance District No. 1 charges for Fiscal Year 2023-2024
RECOMMENDATION
Conduct the required public hearing; and adopt Resolution 2023-14 approving the Landscape Maintenance District No. 1 assessment for FY 2023-24.
BACKGROUND
At its regularly scheduled meeting of May 2, 2023, City Council adopted Resolution No. 2023-10 approving the Engineer’s Report for Landscape Maintenance District No. 1 for FY 2023-24, declaring the intent to levy and collect assessments within the Landscape Maintenance District No. 1, and setting a public hearing date of June 6, 2023. On April 18, 2023, the City Council adopted Resolution No. 2023-07 directing the Public Works Director to prepare and file the engineer’s report for LMD No. 1. The report is attached.
The total estimated cost of maintaining LMD No. 1 for fiscal year 2023-24, including the maintenance contractor, water, electricity, irrigation maintenance, tree trimming, and miscellaneous clean up and repair is $28,506.84. The current assessment on the 211 properties is $55.63 per parcel, for a total of $11,737.93, leaving a $16,768.91 shortfall proposed to be funded by the City’s General Fund.
The attached resolution would approve the recommended continuation of the assessment of $55.63 per parcel within LMD No. 1 for fiscal year 2023-24. The assessment will be included on the property tax bill prepared by the County of Los Angeles.
Item No. PH 9a
CITY OF LOMITA
CITY COUNCIL REPORT
Reg CC Mtg, June 6, 2023, Page 177 of 244
OPTIONS:
1) Approve staff’s recommendation.
2) Provide alternative direction.
FISCAL IMPACT
The funds collected within the District will be utilized to maintain the areas incorporated within the District for Fiscal Year 2023-24. The general fund will subsidize the projected shortfall.
ATTACHMENT
1. Resolution
Reviewed by: Approved by:
________
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Reviewed by: Prepared by:
______________________ ______________________
Carla Dillon, P.E. Mondher Saïed, P.E.
Public Works Director Senior Civil Engineer
Reg CC Mtg, June 6, 2023, Page 178 of 244
RESOLUTION NO. 2023-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LOMITA, CALIFORNIA, APPROVING THE CITY OF LOMITA’S
LANDSCAPE MAINTENANCE DISTRICT NO. 1 CHARGES FOR
FISCAL YEAR 2023-24
SECTION 1. Recitals.
A. In 1979, the City Council created Lomita Landscape Maintenance District No. 1, which is located in the southeastern quadrant of the City.
B. The annual assessment is currently $55.63 for the purpose of landscape maintenance.
C. The City Council desires to collect the annual assessment on the County tax roll.
D. On April 18, 2023, the City Council adopted a resolution directing the Public Works Director/City Engineer to prepare and file a report in accordance with the Landscaping and Lighting Act of the Streets and Highway Code of the State of California.
E. The Public Works Director/City Engineer (the designated Engineer) in accordance with Section 22623 of the Act and provisions of the Municipal Code prepared and filed with the City Clerk an Engineer’s Report for the Fiscal Year 2023-24 and said report was presented to the City Council on May 2, 2023, and is attached hereto as Exhibit A (Engineer’s Report). The report contains a full and detailed description of the improvements, the boundaries of the assessment district, and the proposed assessments upon assessable lots and parcels of land within the district.
F. On May 2, 2023, the City Council adopted a resolution approving the Engineer’s Report and declaring the intention of the City Council to levy and collect assessments within the Lomita Landscape Maintenance District No. 1, for the fiscal year commencing July 1, 2023, to and ending June 30, 2024.
G. On June 6, 2023, a duly noticed public hearing was held relating to the continued collection of the assessment on the tax rolls, at which time the City Council heard and considered public comment.
H. The City Council has examined and reviewed the Engineer’s Report, and is satisfied with the description of the District, the improvements identified therein, each of the budget items and documents , and is satisfied that the proposed assessments and charges have been spread proportionately in accordance with the special benefit each property receives from the Attachment 1
Reg CC Mtg, June 6, 2023, Page 179 of 244
improvements, operation, maintenance and services to be performed, as set forth in said Engineer’s Report or as modified by Council action and incorporated herein.
I. A majority protest on the continuation of the annual assessment has not been filed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOMITA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 2. In accordance with California Streets and Highways Code Section 22631, the boundary diagram of the Engineer’s Report showing assessable lots and parcels of land within the district is hereby confirmed and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.
SECTION 3. In accordance with the California Streets and Highways Code Section 22631, the City Council considered the Engineer’s Report and after such consideration, the City Council hereby confirms the assessment of $55.63 for each of the 211 parcels described in said report, for a total FY 2023-24 assessment amount of $11,737.93.
SECTION 4. For all parcels designated in the Report, the assessment shall be collected by the County of Los Angeles Tax Collector, at the same time and in the same manner as property taxes, together with the City and County property taxes and shall constitute an assessment on the parcels from which it is due.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution and, in accordance with California Streets and Highways Code Section 22641, immediately file the diagram and assessment, or a certified copy thereof, with the County of Los Angeles Tax Collector.
[SIGNATURES ON THE FOLLOWING PAGE]
Reg CC Mtg, June 6, 2023, Page 180 of 244
PASSED, APPROVED AND ADOPTED this 6
th day of June 2023.
_____________________________
Barry Waite, Mayor
ATTEST:
______________________________
Kathleen Horn Gregory, CMC, City Clerk
APPROVED AS TO FORM:
__________________________________
Trevor Rusin, City Attorney
Reg CC Mtg, June 6, 2023, Page 181 of 244
CITY OF LOMITA
ENGINEER'S REPORT
PROPOSED ASSESSMENT
FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 1
TRACT 25201 (ROLLING RANCHOS)
COMMENCING FISCAL YEAR 2023/2024
INTENT MEETING: May 2, 2023
PUBLIC HEARING: June 6, 2023
Prepared By:
Mondher Saïed, P.E.
SENIOR CIVIL ENGINEER
Reg CC Mtg, June 6, 2023, Page 182 of 244
Affidavit for the Engineer's Report
CITY OF LOMITA
LANDSCAPE MAINTENANCE DISTRICT NO.: 1
Tract 25201 (Rolling Ranchos)
Fiscal Year 2023/2024
This Report and the enclosed budget, assessments, diagram and descriptions outline the assessments to be levied for properties within the City of Lomita Landscape Maintenance District No.: 1, incorporating Tract 25201 (Rolling Ranchos) for Fiscal Year 2023/2024, pursuant to a resolution of the City Council as amended based on the majority protest proceedings for a proposed assessment increase. Reference is hereby made to the Los Angeles County Assessor's maps for a detailed description of the lines and dimensions of parcels within Landscape Maintenance District No. 1, Tract 25201 (Rolling Ranchos). The undersigned respectfully submits the enclosed Report as directed and amended by the City Council and pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500.
Dated this 2
nd day of May 2023
Prepared By:
Mondher Saïed, P.E.
Senior Civil Engineer
Reg CC Mtg, June 6, 2023, Page 183 of 244
Introduction
The purpose of this Engineer's Report (hereinafter referred to as the "Report) is to set forth the engineering analysis and findings for the annual levy of assessments for the City of Lomita Landscape Maintenance District No.: 1 (hereinafter referred to as the "District"), for Fiscal Year 2023/2024, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the "1972 Act"), and in compliance with the provisions of the California State Constitution Article XIIID (hereafter referred to as the "California Constitution").
This Report has been prepared pursuant to the order of the City Council of the City of Lomita (hereinafter referred to as the "City") for the annual levy of assessments for the District in accordance with Chapter 3, Section 22622 of the 1972 Act. The District was originally formed in 1979 and the City has annually levied assessments on properties within the District for the purpose of funding the annual maintenance, operation and servicing of the parkway landscaping and trail along the north side of Palos Verdes Drive North, that was installed in connection with and immediately adjacent to the residential development identified as Tract 25201 (Rolling Ranchos) which comprises all properties within the District.
As a result, this Report addresses the proposed assessment for Fiscal Year 2023/2024 based on an estimate of the current annual cost for the City to provide such improvements for the benefit of properties within the District. These annual costs and the resulting proposed assessment rate described herein, includes the estimated expenditures, revenues and fund balances that the City has estimated as necessary to properly maintain and service the improvements associated with the District.
The City Council may approve this Report as submitted or amended; and confirm and order the levy and collection of assessments so approved. In such case, the assessments for Fiscal Year 2023/2024 as approved or amended by the City Council shall be submitted to the County Auditor/Controller for inclusion on the property tax roll for each affected parcel.
For the purposes of this Report, the word "parcel" refers to an individual property assigned its own Assessor Parcel Number by the Los Angeles County Assessor's Office. The Los Angeles County Auditor/Controller uses Assessor Parcel Numbers and specific Fund Numbers to identify properties assessed for special benefit assessments on the tax roll.
This report consists of five (5) parts:
Reg CC Mtg, June 6, 2023, Page 184 of 244
Part I
Plans and Specifications: A general description of the District boundaries and the proposed improvements for which parcels are assessed. The parcels within the District are inclusive the residential development identified as Tract 25201 (Rolling Ranchos) and the proposed assessments as outlined in this Report are based on the improvements that provide a special benefit to the properties within the District.
Part II
The Method of Apportionment: A discussion of benefits the improvements and services provide to properties within the District and the method of calculating each property's proportional special benefit and annual assessment. This section also identifies and outlines the Assessment Range Formula that provides for an annual adjustment to the initial maximum assessment rate identified in this Report, thereby establishing set limits on future assessments, but also providing for reasonable cost adjustments due to inflation.
Part IlI
The Proposed Budgets: An estimate of the annual costs to operate, maintain, and service the landscape improvements and appurtenant facilities. This budget includes an estimate of anticipated annual direct maintenance costs and incidental expenses including, but not limited to labor, materials, equipment and administration expenses as well as the collection of appropriate fund balances necessary to support the improvements for the District. The proposed maximum assessment rate identified in the budget of this Report establishes the proposed new maximum assessment rate for Fiscal Year 2023/2024 and shall be adjusted annually by the Assessment Range Formula described in the method of apportionment.
Part IV
Boundary Diagram: A Diagram showing the exterior boundaries of the District is provided in this Report and includes all parcels determined to receive special benefits from the improvements. Parcel identification, the lines, and dimensions of each lot, parcel, and subdivision of land within the District are shown on the Los Angeles County Assessor's Parcel Maps and shall include any subsequent lot line adjustments or parcel changes therein. Reference is hereby made to the Los Angeles County Assessor's Parcel Maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District. A diagram showing the overall boundaries of the District is on file with the City Clerk and the Lomita Public Works Department, and by reference is made part of this Report.
Reg CC Mtg, June 6, 2023, Page 185 of 244
Part V
Proposed Assessments: A listing of the calculated maximum assessment amount associated with each parcel within the District. The calculated maximum assessment amount described herein constitutes an increase to the previously adopted maximum assessment and this new assessment will be presented to the property owners of record in a ballot proceeding as required pursuant to the provisions of the California Constitution. Said new or increased assessment represents each parcel's calculated proportional amount of the improvement costs proposed commencing in Fiscal Year 2023/2024 based on the estimated net annual cost to maintain and service the improvements as outlined in the budget(s) and method of apportionment contained in this Report.
Reg CC Mtg, June 6, 2023, Page 186 of 244
Part I – Plans and Specifications
Description of the District
In general, the District provides for the continued maintenance, servicing, and operation of the landscape improvements and appurtenant facilities located within the public rightof-way adjacent to the residential development identified as Tract 25201 (Rolling Ranchos) within the City. This residential development and the improvements are located on the north side of Palos Verdes Drive North, generally between Western Avenue (on the east) and Rolling Vista Drive (on the west). The properties within the District include two hundred and eleven (211) Single-Family Residential properties identified on all or a portion of Book 7549 Pages 01 through 05 of the Los Angeles County Assessor's Parcel Maps.
Improvements and Services
Improvements and Services Authorized by the 1972 Act
As generally defined by the 1972 Act and may be applicable to this Districts as well as the Consolidated District, the improvements and associated assessments may include one or more of the following:
• The installation or planting of landscaping;
• The installation or construction of statuary, fountains, and other ornamental structures and facilities;
• The installation or construction of public lighting facilities including, but not limited to streetlights and traffic signals;
• The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof;
The installation of park or recreational improvements, including, but not limited to, all of the following:
• Land preparation, such as grading, leveling, cutting, and filling, sod, landscaping, irrigation systems, sidewalks, and drainage.
• Lights, playground equipment, play courts, and public restrooms. • The acquisition of land for park, recreational, or open-space purposes or any existing improvement otherwise authorized pursuant to this section.
The maintenance or servicing, of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement including but not limited to:
Reg CC Mtg, June 6, 2023, Page 187 of 244
• Repair, removal, or replacement of all or any part of any improvements; • Grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities;
• Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury;
• The removal of trimmings, rubbish, debris, and other solid waste; • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti;
• Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; • Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.
Incidental expenses associated with the improvements including, but not limited to:
• The costs of the report preparation, including plans, specifications, estimates, diagram, and assessment;
• The costs of printing and advertising, and publishing, posting and mailing of notices;
• Compensation payable to the County for collection of assessments; • Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
• Costs associated with any elections held for the approval of a new or increased assessment.
Description of the Improvements
Generally, the District was established to ensure the ongoing maintenance, operation, servicing of the landscape improvements, trails (pathways), appurtenant improvements, and facilities within the public right-of-way on the north side of Palos Verdes Drive North. The construction and installation of the path within this right-of-way was financed by a state grant in conjunction with the City of Rolling Hills Estates and the landscaping and irrigation system was constructed by force account utilizing City and California Conservation Corps personnel. Originally, the annual assessments for properties within the District were established to fully fund the annual maintenance and servicing of these improvements, but over time the annual assessment revenues no longer support the full maintenance of these improvements and over time, it has been necessary for the City to utilize increasingly more General Fund revenues to support the cost of these improvements.
The maintenance and servicing of the improvements generally includes, but is not limited to all materials, equipment, utilities, labor and incidental expenses required for the annual operation and maintenance of such improvements, as well as the Reg CC Mtg, June 6, 2023, Page 188 of 244
performance of periodic repairs and replacement as needed to provide for the proper operation and functioning of the sidewalk and pathway as well as the growth, health, and appearance of landscaping and trees. The improvements for the District include, but are not limited to:
• Approximately 48,000 square feet of irrigated landscaping and trees on the north side of Palos Verdes Drive North adjacent to the southern boundary of Tract 25201 (A distance of approximately 1,600 Linear Feet); and, • Approximately 20,640 square feet of trails and sidewalks on the north side of Palos Verdes Drive North adjacent to the southern boundary of Tract 25201; and, • Approximately 1,200 square feet of walkway between Palos Verdes Drive North and Via Vera.
Maintenance of the landscape improvements generally includes the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of the improvements including but not limited to: cultivation, irrigation, trimming and fertilizing of the plant material; treating for disease or injury; weed and vector control; normal repair and servicing of the irrigation system; removal of trimmings, rubbish, debris, and other solid waste; and removal or covering of graffiti on related hardscape surfaces; as well as the performance of periodic repairs and rehabilitation activities (available funding permitting) that are associated with those improvements.
Documentation and maps of the location and extent of the improvements to be maintained by the District are on file at the City of Lomita Public Works Department.
Excluded Improvements
The improvements for the District, exclude the median islands on Palos Verdes Drive North that are also adjacent to Tract 25201 (Rolling Ranchos). The cost of maintaining these median islands were budgeted and paid for by the City as a general benefit and no portion of the cost to maintain these improvements shall be assessed as special benefit to the parcels within the District. Improvements located on private property including any landscaping or fences are the responsibility of those individual property owners and are not maintained by this District.
Reg CC Mtg, June 6, 2023, Page 189 of 244
Part II – Method of Apportionment
The 1972 Act permits the establishment of assessment districts by agencies for providing certain public improvements, which include the construction, maintenance and servicing of public lights, landscaping, and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements."
The method of apportionment described in this Report for allocation of special benefit assessments utilizes commonly accepted engineering practices and have been established pursuant to the 1972 Act and the provisions of the California Constitution.
The formula used for calculating assessments in this District reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on benefit to each parcel.
Benefit Analysis
Each of the proposed improvements, the associated costs, and assessments have been reviewed, identified, and allocated based on special benefit pursuant to the provisions of the 1972 Act and the California Constitution. The improvements to be provided by the District and for which properties will be assessed have been identified as local improvements specifically associated with the properties within Tract 25201. As such, the ongoing operation, servicing, and maintenance of these improvements directly affect those properties. Therefore, it is reasonable to conclude that the annual costs of ensuring the maintenance and operation of the improvements are considered a distinct and special benefit to the residential properties within this development and District.
The method of apportionment (also referred to as the "method of assessment") previously established for this District and summarized herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements, and the desirability and marketability of those properties is enhanced by well-maintained landscaping in close proximity to the properties. As defined by Article XIIID, Section 4 of the California Constitution:
"Special benefit means a particular and distinct benefit over and above general benefits conferred on real property located in the District or to the public at large." The special benefits associated with such landscape improvements may include:
• Enhanced desirability of properties through association with the improvements. • Improved aesthetic appeal of properties providing a positive representation of the Reg CC Mtg, June 6, 2023, Page 190 of 244
area.
• Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping.
• Environmental enhancement through improved erosion resistance, dust, and debris control.
• Increased sense of pride in ownership of property within the District resulting from well-maintained improvements associated with the properties. • Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities including abatement of graffiti.
• Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise.
The preceding special benefits contribute to the overall aesthetic value and desirability of each of the assessed parcels and thereby provide a special enhancement to those properties. Furthermore, it has been determined that the lack of funding to property service and maintain such improvements would likely have a direct negative impact on those properties.
General Benefit
In reviewing the improvements and the proximity of those improvements to properties within the District as well as adjacent properties outside of the boundaries of the District, and the reasons for installing and constructing such improvements; it is apparent that the need to maintain these particular improvements are exclusively a local issue and are directly associated with only the parcels within Tract 25201 (Rolling Ranchos), and the condition of these improvements and the level of service provided will directly affect only those properties.
Although the improvements are within public areas or easements and include amenities that may be available or visible to the public at large, these improvements are not necessarily required nor desired by any properties or developments outside the development. As such, it has been determined that these improvements provide no measurable benefit (special or general) to properties outside the District or to the public at large but are clearly a distinct and special benefit to only properties within the District.
Assessment Methodology
Upon review of the improvements, it has been determined that each of the residential parcels within the District will receive substantially similar and proportional special benefits from the improvements to be provided. As such, the most appropriate apportionment of maintenance costs and special benefit is an equal per parcel distribution. This method of apportionment is used to proportionately allocate the net annual cost of the improvements (special benefit) to each parcel. The total amount to be levied in the District is shared and assessed equally to each benefiting parcel.
Reg CC Mtg, June 6, 2023, Page 191 of 244
The following formula is used to arrive at the levy amount for each parcel within the District.
The preceding benefit formula appropriately reflects the composition of the parcels within the District and the improvements and services to be provided and fairly apportion the costs based on the special benefits to each assessable parcel. Dedicated public easements or rights-of-ways that are part of the District improvements; or utility rights-of-way, common areas, sliver parcels and bifurcated lots or any other property that cannot be developed; receive no special benefit from District improvements and are not assessed.
Part III – Proposed Budget
The following budget outlines the City's estimate of anticipated expenditures, revenues and fund balances to provide annual maintenance and operation of the District improvements within the revenues available from the assessments and the City’s planned contribution of funds to the District. The maximum assessment rate established for the District is based on the budget information presented herein and shall be used to calculate each parcel's proportional assessment obligation in accordance with the method of apportionment outlined in this Report for Fiscal Year 2023/2024.
The current 2022/2023 lien on the 211 residences is $55.63 per parcel, for a total of $11,737.93. This total consists of utilities, landscape maintenance services, irrigation maintenance, administration, and assessor's fees. An estimated $11,241.16 contribution from the City is required to maintain assessments at the current levy of $55.63. The Engineer's report indicates an assessment of $55.63 per parcel for 2023/2024, as determined from the following information:
Contract costs and City services for landscape maintenance services ($21,010.09); utility costs for water and electricity ($6,598.75); administration costs ($898.00) for the 2023/2024 fiscal year. The total service cost is $28,506.84.
The District has had shortfalls from the prior three years (FY 2020-21, FY 2021-22, FY 2022-23) in the sum of $28,915.57 and the City subsidized The District. The City subsidy to the District for 2023/24 will be $16,768.91.
Total Balance to Levy
Total Assessable Parcels
= Parcel Levy Amount
Reg CC Mtg, June 6, 2023, Page 192 of 244
Assessment Calculation
Assessment = [(Contract Services + Utilities + Irrigation Maintenance + Administration and Assessor’s Fee - Reserves + City Contribution)] / Number of Parcels.
Part IV – Boundary Diagram
A District Boundary Diagram for the City of Lomita Landscape Maintenance District No.:
1 showing the overall boundaries of the District is provided on the following page.
Specific parcel identification, the lines and dimensions of each lot, parcel and subdivision of land within the boundaries of the District shall be inclusive of the corresponding parcels shown on the Los Angeles County Assessor's Parcel Maps as they existed at the time of the passage of the Resolution of Intention, and shall include all subsequent subdivisions, lot line adjustments or parcel changes therein. Reference is hereby made to Part V of this Report for a listing of the parcels within the District that correspond to the Los Angeles County Assessor's maps. Engineer's Report Landscape Maintenance District No. 1, Fiscal Year 2023/2024.
$
$ 6,598.75
$ 898.00
$ 28,506.84
$ -
211
F.Y. 2023-2024 Assessment Fee = $ 55.63
Sum Total =
Less Reserves (-)
City Contribution (-)
Divided by the Number of Parcels (211) (/)
Utilities (+)
Administration & Assessor's Fee (+)
16,768.91
10,897.96
$
Contract and City Services (+) 21,010.09
Reg CC Mtg, June 6, 2023, Page 193 of 244
Reg CC Mtg, June 6, 2023, Page 194 of 244
Part V – 2023/ 2024 Assessment Roll
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Los Angeles County Assessor Parcel Maps and/or the Los Angeles County Secured Tax Roll for the year in which this Report is prepared. The proposed assessment for each parcel has been prepared in accordance with the assessment rates presented in the budget and the method of apportionment described in this Report.
The assessment information for each parcel as outlined in this Report and confirmed by the City Council shall be submitted to the County Auditor/Controller to be included on the property tax roll for Fiscal Year 2023/2024. If the parcels or assessment numbers referenced by this Report are re-numbered, re-apportioned or changed by the County Assessor's Office after approval of this Report, the new parcel or assessment numbers with the appropriate assessment amount will be submitted to the County Auditor/Controller. If the parcel change made by the County includes a parcel split, parcel merger, or tax status change, the assessment amount submitted on the new parcels will be based on the method of apportionment and assessment rates approved in this Report by the City Council.
Assessed
Record No.
Assessor
Parcel
Number
Description Maximum
Assessment
Proposed
Assessment
FY 2023/2024
1 7549-009-001 Single-Family Residential $55.63 $55.63
2 7549-009-002 Single-Family Residential $55.63 $55.63
3 7549-009-003 Single-Family Residential $55.63 $55.63
4 7549-009-004 Single-Family Residential $55.63 $55.63
5 7549-009-005 Single-Family Residential $55.63 $55.63
6 7549-009-006 Single-Family Residential $55.63 $55.63
7 7549-009-007 Single-Family Residential $55.63 $55.63
8 7549-009-008 Single-Family Residential $55.63 $55.63
9 7549-009-009 Single-Family Residential $55.63 $55.63
10 7549-009-010 Single-Family Residential $55.63 $55.63 11 7549-009-011 Single-Family Residential $55.63 $55.63 12 7549-009-012 Single-Family Residential $55.63 $55.63 13 7549-009-013 Single-Family Residential $55.63 $55.63 14 7549-009-014 Single-Family Residential $55.63 $55.63 15 7549-009-015 Single-Family Residential $55.63 $55.63 16 7549-009-016 Single-Family Residential $55.63 $55.63 17 7549-009-017 Single-Family Residential $55.63 $55.63 18 7549-009-018 Single-Family Residential $55.63 $55.63 19 7549-009-019 Single-Family Residential $55.63 $55.63 20 7549-009-020 Single-Family Residential $55.63 $55.63 21 7549-009-021 Single-Family Residential $55.63 $55.63 22 7549-010-001 Single-Family Residential $55.63 $55.63 23 7549-010-002 Single-Family Residential $55.63 $55.63 24 7549-010-003 Single-Family Residential $55.63 $55.63 25 7549-010-004 Single-Family Residential $55.63 $55.63 26 7549-010-005 Single-Family Residential $55.63 $55.63 Reg CC Mtg, June 6, 2023, Page 195 of 244
Assessed
Record No.
Assessor
Parcel
Number
Description
Maximum
Assessment
Proposed
Assessment
FY 2023/2024
27 7549-010-006 Single-Family Residential$55.63 $55.63
28 7549-010-007 Single-FamilyResidential $55.63 $55.63
29 7549-010-008 Single-Family Residential $55.63 $55.63 30 7549-010-009 Single-Family Residential $55.63 $55.63 31 7549-010-010 Single-Family Residential $55.63 $55.63 32 7549-010-011 Single-Family Residential $55.63 $55.63 33 7549-010-012 Single-Family Residential $55.63 $55.63 34 7549-010-013 Single-Family Residential $55.63 $55.63 35 7549-010-014 Single-Family Residential $55.63 $55.63 36 7549-010-015 Single-Family Residential $55.63 $55.63 37 7549-010-016 Single-FamilyResidential $55.63 $55.63
38 7549-010-017 Single-Family Residential $55.63 $55.63 39 7549-011-001 Single-Family Residential $55.63 $55.63 40 7549-011-002 Single-Family Residential $55.63 $55.63 41 7549-011-003 Single-Family Residential $55.63 $55.63 42 7549-011-004 Single-Family Residential $55.63 $55.63 43 7549-011-005 Single-Family Residential $55.63 $55.63 44 7549-011-006 Single-Family Residential $55.63 $55.63 45 7549-011-007 Single-Family Residential $55.63 $55.63 46 7549-011-008 Single-Family Residential $55.63 $55.63 47 7549-011-009 Single-Family Residential $55.63 $55.63 48 7549-011-010 Single-Family Residential $55.63 $55.63 49 7549-011-011 Single-Family Residential $55.63 $55.63 50 7549-011-012 Single-Family Residential $55.63 $55.63 51 7549-011-013 Single-Family Residential $55.63 $55.63 52 7549-011-014 Single-Family Residential $55.63 $55.63 53 7549-011-015 Single-Family Residential $55.63 $55.63 54 7549-011-016 Single-Family Residential $55.63 $55.63 55 7549-011-017 Single-Family Residential $55.63 $55.63 56 7549-011-018 Single-Family Residential $55.63 $55.63 57 7549-011-019 Single-Family Residential $55.63 $55.63 58 7549-011-020 Single-Family Residential $55.63 $55.63 59 7549-011-021 Single-Family Residential $55.63 $55.63 60 7549-011-022 Single-Family Residential $55.63 $55.63 61 7549-011-023 Single-Family Residential $55.63 $55.63 62 7549-011-024 Single-Family Residential $55.63 $55.63 63 7549-011-025 Single-Family Residential $55.63 $55.63 64 7549-011-026 Single-Family Residential $55.63 $55.63 65 7549-011-027 Single-Family Residential $55.63 $55.63 66 7549-011-028 Single-Family Residential $55.63 $55.63 67 7549-012-001 Single-Family Residential $55.63 $55.63 68 7549-012-002 Single-Family Residential $55.63 $55.63 69 7549-012-003 Single-Family Residential $55.63 $55.63 70 7549-012-004 Single-Family Residential $55.63 $55.63 71 7549-012-005 Single-Family Residential $55.63 $55.63 72 7549-012-006 Single-Family Residential $55.63 $55.63 737549-012-007 Single-Family Residential $55.63 $55.63
74 7549-012-008 Single-Family Residential $55.63 $55.63 75 7549-012-009 Single-Family Residential $55.63 $55.63 76 7549-012-010 Single-Family Residential $55.63 $55.63 77 7549-012-011 Single-Family Residential $55.63$55.63
78 7549-012-012 Single-Family Residential $55.63 $55.63 79 7549-012-013 Single-Family Residential $55.63 $55.63 80 7549-012-014 Single-Family Residential $55.63 $55.63 Reg CC Mtg, June 6, 2023, Page 196 of 244
Assessed
Record No.
Assessor
Parcel
Number Description
Maximum
Assessment
Proposed
Assessment
FY 2023/2024
81 7549-012-015 Single-Family Residential $55.63 $55.63 82 7549-012-016 Single-Family Residential $55.63 $55.63 83 7549-012-017 Single-Family Residential $55.63 $55.63 84 7549-012-018 Single-Family Residential$55.63 $55.63
85 7549-012-019 Single-Family Residential $55.63 $55.63 86 7549-012-020 Single-Family Residential $55.63 $55.63 87 7549-012-021 Single-Family Residential $55.63 $55.63 88 7549-012-022 Single-Family Residential $55.63 $55.63 89 7549-012-023Single-Family Residential $55.63 $55.63
90 7549-012-024 Single-Family Residential $55.63 $55.63 91 7549-012-025 Single-Family Residential $55.63 $55.63 92 7549-012-026 Single-Family Residential $55.63 $55.63 93 7549-012-027 Single-Family Residential $55.63 $55.63 94 7549-012-028 Single-Family Residential $55.63 $55.63 95 7549-012-029 Single-Family Residential $55.63 $55.63 96 7549-012-030 Single-Family Residential $55.63 $55.63 97 7549-012-031 Single-Family Residential $55.63 $55.63 98 7549-012-032Single-Family Residential $55.63 $55.63
99 7549-012-033 Single-Family Residential $55.63 $55.63 100 7549-012-034 Single-Family Residential $55.63 $55.63 101 7549-013-001 Single-Family Residential $55.63 $55.63 102 7549-013-002 Single-Family Residential $55.63 $55.63 103 7549-013-003 Single-Family Residential $55.63 $55.63 104 7549-013-004 Single-Family Residential $55.63 $55.63 105 7549-013-005 Single-Family Residential $55.63 $55.63 106 7549-013-006 Single-Family Residential $55.63 $55.63 1077549-013-007 Single-Family Residential $55.63 $55.63 108 7549-013-008 Single-Family Residential $55.63 $55.63 109 7549-013-009 Single-Family Residential $55.63 $55.63 110 7549-013-010 Single-Family Residential $55.63 $55.63 111 7549-013-011 Single-Family Residential $55.63 $55.63 112 7549-013-012 Single-Family Residential $55.63 $55.63 113 7549-013-013 Single-Family Residential $55.63 $55.63 114 7549-013-014 Single-Family Residential $55.63 $55.63 115 7549-013-015 Single-Family Residential $55.63 $55.63 116 7549-013-016 Single-Family Residential $55.63 $55.63 117 7549-013-017 Single-Family Residential $55.63 $55.63 118 7549-013-018 Single-Family Residential $55.63 $55.63 119 7549-013-019 Single-Family Residential $55.63 $55.63 1207549-013-020 Single-Family Residential $55.63 $55.63 121 7549-013-021 Single-Family Residential $55.63 $55.63 122 7549-013-022 Single-Family Residential $55.63 $55.63 123 7549-013-023 Single-Family Residential $55.63 $55.63 124 7549-013-024 Single-Family Residential $55.63 $55.63 125 7549-013-025 Single-Family Residential $55.63 $55.63 126 7549-013-026 Single-Family Residential $55.63 $55.63 127 7549-013-027 Single-Family Residential $55.63 $55.63 128 7549-013-028 Single-Family Residential $55.63$55.63 129 7549-013-029 Single-Family Residential $55.63 $55.63 130 7549-013-030 Single-Family Residential $55.63 $55.63 131 7549-013-031 Single-Family Residential $55.63 $55.63 132 7549-013-032 Single-Family Residential $55.63 $55.63 133 7549-014-001 Single-Family Residential $55.63 $55.63 134 7549-014-002 Single-Family Residential $55.63 $55.63 Reg CC Mtg, June 6, 2023, Page 197 of 244
Assessed
Record No.
Assessor
Parcel
Number Description
Maximum
Assessment
Proposed
Assessment
FY 2023/2024
135 7549-014-003 Single-Family Residential $55.63 $55.63 136 7549-014-004 Single-Family Residential $55.63 $55.63 137 7549-014-005 Single-Family Residential $55.63 $55.63 138 7549-014-006 Single-Family Residential $55.63 $55.63 139 7549-014-007 Single-Family Residential $55.63 $55.63 1407549-014-008 Single-Family Residential $55.63 $55.63 141 7549-014-009 Single-Family Residential $55.63 $55.63 142 7549-014-010 Single-Family Residential $55.63 $55.63 143 7549-014-011 Single-Family Residential $55.63 $55.63 144 7549-014-012 Single-Family Residential $55.63 $55.63 145 7549-014-013 Single-Family Residential $55.63 $55.63 146 7549-014-014 Single-Family Residential $55.63 $55.63 147 7549-014-015 Single-Family Residential $55.63 $55.63 148 7549-014-016 Single-Family Residential $55.63$55.63 149 7549-014-017 Single-Family Residential $55.63 $55.63 150 7549-014-018 Single-Family Residential $55.63 $55.63 151 7549-014-019 Single-Family Residential $55.63 $55.63 152 7549-014-020 Single-Family Residential $55.63 $55.63 153 7549-014-021 Single-Family Residential $55.63 $55.63 154 7549-014-022 Single-Family Residential $55.63 $55.63 155 7549-014-023 Single-Family Residential $55.63 $55.63 156 7549-014-024 Single-Family Residential $55.63 $55.63 157 7549-014-025 Single-Family Residential $55.63 $55.63 158 7549-014-026 Single-Family Residential $55.63 $55.63 159 7549-014-027 Single-Family Residential $55.63 $55.63 160 7549-014-028 Single-Family Residential $55.63 $55.63 161 7549-014-029 Single-Family Residential $55.63 $55.63 1627549-014-030 Single-Family Residential $55.63 $55.63 163 7549-015-001 Single-Family Residential $55.63 $55.63 164 7549-015-002 Single-Family Residential $55.63 $55.63 165 7549-015-003 Single-Family Residential $55.63 $55.63 166 7549-015-004 Single-Family Residential $55.63$55.63 167 7549-015-005 Single-Family Residential $55.63 $55.63 168 7549-015-006 Single-Family Residential $55.63 $55.63 169 7549-015-007 Single-Family Residential $55.63 $55.63 170 7549-015-008 Single-Family Residential $55.63 $55.63 171 7549-015-009Single-Family Residential $55.63 $55.63 172 7549-015-010 Single-Family Residential $55.63 $55.63 173 7549-015-011 Single-Family Residential $55.63 $55.63 174 7549-015-012 Single-Family Residential $55.63 $55.63 175 7549-015-013 Single-Family Residential $55.63 $55.63 176 7549-015-014 Single-Family Residential $55.63 $55.63 177 7549-015-015 Single-Family Residential $55.63 $55.63 178 7549-015-016 Single-Family Residential $55.63 $55.63 179 7549-015-017 Single-Family Residential$55.63 $55.63 1807549-015-018 Single-Family Residential $55.63 $55.63 181 7549-015-019 Single-Family Residential $55.63 $55.63 182 7549-015-020 Single-Family Residential $55.63 $55.63 183 7549-015-021 Single-Family Residential$55.63 $55.63 184 7549-015-022 Single-FamilyResidential $55.63 $55.63 185 7549-015-023 Single-Family Residential $55.63 $55.63 186 7549-015-024 Single-Family Residential $55.63 $55.63 187 7549-015-025 Single-Family Residential $55.63 $55.63 188 7549-015-026 Single-Family Residential $55.63$55.63 Reg CC Mtg, June 6, 2023, Page 198 of 244
Assessed
Record No.
Assessor
Parcel
Number Description
Maximum
Assessment
Proposed
Assessment
FY 2023/2024
189 7549-015-027 Single-Family Residential $55.63 $55.63 190 7549-015-028 Single-Family Residential $55.63 $55.63 191 7549-015-029Single-Family Residential $55.63 $55.63 192 7549-015-030 Single-Family Residential $55.63 $55.63 193 7549-015-031 Single-Family Residential $55.63 $55.63 194 7549-015-032 Single-Family Residential $55.63 $55.63 195 7549-015-033 Single-Family Residential $55.63 $55.63 196 7549-015-034 Single-Family Residential $55.63 $55.63 197 7549-015-035 Single-Family Residential $55.63 $55.63 198 7549-015-036 Single-Family Residential $55.63 $55.63 199 7549-015-037 Single-Family Residential$55.63 $55.63 2007549-015-038 Single-Family Residential $55.63 $55.63 201 7549-015-039 Single-Family Residential $55.63 $55.63 202 7549-015-040 Single-Family Residential $55.63 $55.63 203 7549-015-041 Single-Family Residential$55.63 $55.63 204 7549-015-042 Single-FamilyResidential $55.63 $55.63 205 7549-015-043 Single-Family Residential $55.63 $55.63 206 7549-015-044 Single-Family Residential $55.63 $55.63 207 7549-016-001 Single-Family Residential $55.63 $55.63 208 7549-016-002 Single-Family Residential $55.63$55.63 209 7549-016-003 Single-Family Residential $55.63 $55.63 210 7549-016-004 Single-Family Residential $55.63 $55.63 211 7549-016-005 Single-Family Residential $55.63 $55.63 Total $11,737.93 $11,737.93
Reg CC Mtg, June 6, 2023, Page 199 of 244
TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Laura MacMorran, Associate Planner
MEETING DATE: June 6, 2023
SUBJECT: Discussion and Consideration of Zoning Text Amendment No. 2023-06, an Ordinance Amending Lomita Municipal Code Title XI (Planning and Zoning) Modifying Accessory Dwelling Unit (ADU) 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 11-1.30.06, find the project is statutorily exempt from the California Environmental Quality Act, and direct staff to schedule the second reading and adoption of the ordinance.
BACKGROUND
On January 1, 2023, the State’s most recent amendments to the ADU law became effective. The amendments increased a detached ADU’s maximum allowable height. Per California Government Code Section 65852.2(a)(6), when a local jurisdiction’s existing ordinance does not align with the State’s standards, the local ordinance is null and void, and replaced with the standards found in the State’s subdivision. In order to restore beneficial Lomita-specific standards, the City must adopt an updated ordinance.
SUMMARY OF THE PROPOSED ZONE TEXT AMENDMENT
This ordinance (Attachment 1) carries forth the following:
• Replaces the out-of-date height requirements with the current State height requirements;
• Restores the City’s 27’ height standard when an ADU is built within the primary dwelling unit’s setbacks while ensuring the height variation permit process is Item No. PH 9b
CITY OF LOMITA
CITY COUNCIL REPORT
Reg CC Mtg, June 6, 2023, Page 200 of 244
applicable (this provision encourages the use of air space, and thereby provides more space for landscaping, parking, open space, and other ground-level uses); • Resolves the conflict prohibiting ‘written notice or posting a placard’ when an ADU replaces garage, as well as the construction notice provision; • Reestablishes the 1,000 ft2 maximum ADU size, rather than the State’s default 1,200 ft2 provision; and
• Refers owner occupancy requirements to State code, as the State is slated to adopt a bill amending these requirements (referring to State code will ensure City compliance in the future).
ANALYSIS
The amendment is consistent with the General Plan’s Housing Element Program 6 and “shall not be considered to exceed the allowable density” per California Government Code Sec.65852.2(a)(10). In addition, it promotes an orderly pattern of development (Land Use Policy) as optional city-form-based standards encourage designs that preserve setbacks and open space. The Planning Commission staff report (Attachment 3) provides further analysis of height, unit size, and pending state changes to owner-occupancy requirements.
CEQA
The City Council finds that adoption of this Ordinance is not subject to CEQA pursuant to California Public Resources Code (CPRC) 21080.17. The California Environmental Quality Act (CEQA) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Section 65852.2 of the Government Code, which is the code section for the State’s Accessory Dwelling Unit law.
PUBLIC NOTICE
Notice of this hearing was published in the Daily Breeze Newspaper on May 25, 2023, and posted at City Hall and Lomita Park.
OPTIONS:
1. Introduce the ordinance on the first reading and schedule the second reading for June 20, 2023.
2. Introduce the ordinance on the first reading with amendments and schedule the second reading for June 20, 2023.
3. Provide staff alternative direction.
ATTACHMENTS
1. Draft ordinance
2. Planning Commission Resolution 2023-13 with ordinance redline Reg CC Mtg, June 6, 2023, Page 201 of 244
3. Planning Commission staff report
4. Notice of Exemption
Reviewed by: Approved by:
_______________________
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Reviewed by: Prepared by:
_________________________ ________________________
Brianna Rindge, AICP Laura MacMorran
Community & Economic Development Director Associate Planner Reg CC Mtg, June 6, 2023, Page 202 of 244
ORDINANCE NO. 854
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMITA,
CALIFORNIA, AMENDING LOMITA MUNICIPAL CODE TITLE XI
(PLANNING AND ZONING), CHAPTER 1 (ZONING), REVISING THE CITY’S REGULATIONS FOR ACCESSORY DWELLING UNITS TO
COMPLY WITH STATE LEGISLATION AND REESTABLISH CITY
STANDARDS AND A DETERMINATION THAT THE PROJECT IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
Section 1. Recitals.
A. An existing ordinance addressing accessory dwelling units and junior accessory dwelling units is codified in Title XI of the Lomita Municipal Code.
B. The City desires to amend Title XI of the Lomita Municipal Code to amend its accessory dwelling unit regulations as necessary to bring them into compliance with Government Code Sections 65852.2 and 65852.22 while retaining local control to the maximum extent permitted under these state law provisions.
C. Government Code Section 65852.2(a)(1)(B) authorizes cities to impose standards on accessory dwelling units in conformance with state law that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum unit size, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Resources.
D. Government Code Section 65852.2(h)(A) provides that the state Department of Housing and Community Development (HCD) is to make findings regarding local agency ordinance compliance with Section 65852.2.
E. On May 8, 2023, the Planning Commission held a duly noticed public hearing on Zone Text Amendment No. 2023-06 where public testimony was accepted on the item and recommended City Council ___________l.
F. On _________ 2023 and _______ 2023, City Council held a duly noticed public hearing to consider the proposed text amendment regarding Accessory Dwelling Units.
Section 2. General Plan
Program 6 requires the City to adopt an amendment to the City’s Zoning Code consistent with or less restrictive than State requirements, by spring 2023. This ordinance is consistent with state law and incentivizes better design by allowing an accessory dwelling Attachment No 1
Reg CC Mtg, June 6, 2023, Page 203 of 244
unit to have the same height as the principal dwelling unit when meeting the zoning district’s principal dwelling unit setbacks.
Section 3. Environmental Review
The City Council finds and determines that the adoption of an ordinance regarding Accessory Dwelling Units (ADUs) in a single-family or multifamily residential zone to implement the provisions of Government Code Sections 65852.2 is exempt from CEQA review pursuant to Public Resources Code Section 21080.17. Therefore, this ordinance does not require any environmental review under CEQA.
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 the following amendments to the Lomita Municipal Code:
A. Section 11-1.30.02 of Title XI of the Lomita Municipal Code is amended to read as follows:
“
Development
Standard
Zone
A-1 (8) R-1(8) RVD
(Residential Variable
Density)
RPD (Residential
Planned
Development)
(7)(10)
Minimum lot
area
(square feet)
(8)
5,000 5,000 (1) Varies
Minimum lot
width (2)(8)
50' 50' 50' Varies
Maximum floor
area ratio
.60 .60 NA NA
Dwelling units
per acre
8.7 8.7 (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′
Reg CC Mtg, June 6, 2023, Page 204 of 244
Rear yard
setback for
principal
structure*
20′ 20′ 20′ 15′
Maximum
height of
principal
structure (5)(8)
27′ 27′ 27′ 27′
Maximum
height of
accessory
structures,
detached
accessory
dwelling units
and two-unit
residential
development
(6)
16' 16' 16' NA
Maximum
height of
accessory
dwelling unit
complying with
the setback
requirements
of the principal
structure (5)
(9)
27’Varies 27’Varies 27’Varies 27’Varies
Minimum rear
and side yard
setbacks for
newly
constructed
accessory
dwelling units
not exceeding
16 ft height (5)
(9)
4' 4' 4' NA
Minimum rear
and side yard
setback
accessory
structures
pursuant to
3′ 3′ 3′ 3′
Reg CC Mtg, June 6, 2023, Page 205 of 244
Sec. 11-
1.30.05 Notes:
* Modifications to yard setbacks subject to the provisions for "Modifications" (Sec. 11-1.70.08) and "Site Plan Review" (Sec. 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) 50′ of frontage must be on a dedicated public street. A lot fronting a turnaround portion of a cul-de-sac may be 40′ wide. Modification subject to development standards and requirements applicable to Sec. 11-1.30.15 for urban lot split and Sec. 11-1.30.16 for two-unit residential development. (3) Density subject to the general plan designation of the subject property as follows:
Low Density – 5.8 to 10.89
Medium Density – 10.90 to 19.8
(4) Setback equals ten percent of the lot width, but not less than three feet and need not exceed five feet.
(5) Residential properties located south of Pacific Coast Highway shall be limited to 16′, and no more than one story, in height unless a height variation permit is granted. Section 11-1.30.12 Section 11-1.70.11. (6) Accessory structures, accessory dwelling and new dwelling units subject to Sec. 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 two-unit 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.
B. Section 11-1.30.06 of Title XI of the Lomita Municipal Code is amended to read as follows:
(A) Purpose.
(1) The purpose of this Section is to provide for the creation of Accessory Dwelling Units and Junior Accessory Dwelling Units consistent with Section 65852.2 of the Government Code, as amended from time to time. In any instance where there is conflict, State law shall govern. (B) Definitions.
Reg CC Mtg, June 6, 2023, Page 206 of 244
(1) "Accessory dwelling unit/ ADU" has the same meaning as that stated in Government Code Section 65852.2 as that section may be amended from time to time.
(2) “Attached ADU” means an ADU that shares at least one common wall with the primary dwelling unit.
(3) “Converted ADU” means an ADU that is constructed within all or a portion of the legally permitted existing interior space of an accessory structure or within all or a portion of the permitted existing interior space of a dwelling structure, including bedrooms, attached garages, and storage areas. (4) “Detached ADU” means an ADU that is physically separated from, but located on the same lot as, a primary dwelling structure. (5) “Existing”. A structure is “existing” if it was legally constructed, and the construction has passed all required final inspections. (6) “Junior accessory dwelling unit/ JADU” shall have same meaning as that stated in Government Code Section 65852.22(h)(1) as that section may be amended from time to time.
(7) “Public transit” has the same meaning as that stated in Government Code Section 65852.2 as that section may be amended from time to time. (8) “Floor area” of an accessory dwelling unit means, for the purpose of this chapter, the area of each floor level included within the walls enclosing each dwelling unit. The floor area shall be measured from the outside face of the walls enclosing each dwelling unit including all closet space and storage areas contained within the unit, including habitable basements and attics, but not including unenclosed porches, balconies, or any enclosed garages or carports. For purposes of calculating allowable floor area of accessory dwelling units based on a proportion of the size of the primary residence, only the livable floor area of the primary residence shall be counted. The floor area of any other structures, for purposes of calculating total floor area, lot coverage, or other calculations, shall be calculated in the manner described in the relevant zoning regulations.
(C)Applicability and Permissible Use.
(1) Accessory Dwelling Units Required by State Law. Accessory dwelling units required by State law are allowed on lots located within a residential or mixed-use zone as provided in Section 65852.2(e) of the Government Code, in compliance with all applicable provisions of subsection (E) of this Section, Development Standards and Requirements, except for those provisions which do not allow an accessory dwelling unit otherwise in compliance with Section 65852.2(e) of the Government Code. An accessory dwelling unit pursuant to Section 65852.2(e)(1)(B) of the Government Code shall be limited to a maximum floor area size of eight hundred (800) square feet and a maximum height of sixteen (16) feet. The combination of accessory dwelling unit categories set forth in Section 65852.2(e)(A) through (D) of the Government Code is prohibited. (2) Applications for accessory dwelling units and junior accessory dwelling units shall be reviewed within sixty (60) days from the date the city receives a complete application if there is an existing single-family or multifamily dwelling on the lot. If the application to create an accessory dwelling unit or Reg CC Mtg, June 6, 2023, Page 207 of 244
a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or multifamily dwelling on the lot, the city may delay acting on the application for the accessory dwelling unit or the junior accessory dwelling unit until the city acts on the permit application to create the new single-family dwelling or multifamily dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.
(3) Approval of a permit for the creation of an accessory dwelling unit or junior accessory dwelling unit shall not be conditioned on the correction of nonconforming conditions on the subject property. However, this does not prevent the City from enforcing compliance with applicable building standards in accordance with California Health and Safety Code Section 17980.12.
(4) For the purpose of this Section, a structure with two (2) or more attached dwellings on a single lot is considered a multifamily dwelling structure.
Multiple detached single-family dwellings on the same lot are not considered multifamily dwellings. A lot with multiple detached single-family dwellings is eligible for creation of one (1) accessory dwelling unit per lot by converting space within the proposed or existing space of a single-family dwelling or existing structure or new construction of a detached accessory dwelling unit.
(5) It is prohibited to convert existing floor area or construct an accessory dwelling unit without first obtaining approval and issuance of a building permit. Such permit shall be issued if it is determined that the accessory dwelling unit will conform to the provisions of this Section. (6) Applicant shall pay all applicable development impact fees established by City Council resolution. Accessory dwelling units of less than seven hundred fifty (750) sq. ft. in size shall be exempt from all impact fees. Accessory dwelling units of greater than 750 sq. ft. in size shall be charged impact fees. (D)State Exempt Accessory Dwelling Units.
(1) . All development standards (including but not limited to lot coverage, floor area ratio, required building separation and open space) are reduced solely to the extent necessary to allow either of the following:
a. On a lot with a proposed or existing single-family dwelling, one attached or detached ADU that is 800 square feet or less, with a height not exceeding 16 feet, with setbacks of at least 4 feet from the side and rear yards and complies with applicable front yard setbacks. b. Converted detached ADU that does not add more than 150 square feet of floor area for ingress and egress.
c. On a lot with an existing multifamily dwelling, up to 2 detached ADUs that are 800 square feet or less and which have a height not exceeding 16 feet, and which comply with setbacks of at least 4 feet from the side and rear yards, and which comply with front yard setbacks.
Reg CC Mtg, June 6, 2023, Page 208 of 244
d. No more than 25% of the number of the existing units, but at least one unit, shall be permitted as ADUs constructed within the non-livable space and are enclosed on at least three sides (e.g., storage rooms, boiler rooms, attics, basements, or garages) of the existing multifamily dwelling structure provided that applicable building codes are met; Fractions shall be rounded down to the next lower number of dwelling units, except that at least one accessory dwelling unit shall be allowed; Development Standards and Requirements. Accessory dwelling units shall comply with the following development standards and requirements:
(2) Number of Units
a. For lots with an existing or proposed single-family dwelling, one (1) accessory dwelling unit shall be allowed on a lot.
b. For lots with an existing or proposed multifamily residential dwelling structure
1. No more than 25% of the number of the existing units, but at least one unit, shall be permitted as ADUs constructed within the non-livable space and are enclosed on at least three sides (e.g., storage rooms, boiler rooms, attics, basements, or garages) of the existing multifamily dwelling structure provided that applicable building codes are met; Fractions shall be rounded down to the next lower number of dwelling units, except that at least one accessory dwelling unit shall be allowed; OR
2. Up to two (2) accessory dwelling units shall be permitted as detached from the multifamily residential structure and may be attached or detached to each other.
(3) Height.
a. Attached or Detached ADUs complying with a 4-foot side and 4-foot rear setback shall not exceed one story and a height of sixteen (16) feet.
b. On a lot that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, attached or detached ADUs complying with a 4 foot. side and 4 foot rear setback shall not exceed one story and a height of eighteen (18) feet. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the of the primary dwelling unit.
Properties located South of Pacific Coast Highway
1. An accessory dwelling unit attached to the primary dwelling or a detached accessory dwelling unit shall not exceed sixteen (16) feet and shall not exceed one story. Pursuant to Section 11-
1.70.11 residential lots south of Pacific Coast Highway shall obtain a height variation permit for new structures or additions over sixteen Reg CC Mtg, June 6, 2023, Page 209 of 244
(16) feet in height measured from the natural grade. Converted area from the existing dwelling is exempt from this requirement. c. On a lot with an existing or proposed multifamily, multistory dwelling, detached ADUs complying with a 4 foot. side and 4 foot rear setback shall not exceed a height of eighteen (18) feet.
d. A height of 25 feet or the height limitation of in the zoning ordinance that applied to the principal dwelling, whichever is lower, for an accessory dwelling unit that is attached to the principal dwelling.
Pursuant to Section 11-1.70.11 residential lots south of Pacific Coast Highway shall obtain a height variation permit for an attached ADU over sixteen (16) feet in height measured from the natural grade.
Converted area from the existing dwelling is exempt from this requirement.
e. An attached or detached accessory dwelling unit(s) complying with the principal structure’s setback requirements of the underlying zone shall not exceed sixteen (16) feet at one (1) story and twenty-seven (27) feet at two (2) stories. ADUs shall not exceed two (2) stories. (4) Setbacks.
a. Front Yard. Twenty (20) feet to a front property line.
1. Secondary front. Ten (10) feet to property line.
b. Side Yard. Four (4) feet to a side property line.
c. Rear Yard. Four (4) feet to a rear property line.
d. Building Separation. Six (6) feet to the exterior wall of a dwelling, garage, or accessory structure located on the same lot. e. Setbacks required by utility easements and recorded setbacks shall be maintained. No portion of an ADU shall be constructed on a public or private easement. Roof eaves may not be eliminated to meet this requirement.
f. No setback is required for an existing living area or existing accessory structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit. g. ADUs are not eligible for modifications to yard setbacks pursuant to Article 70.
(5) Lot Coverage. An accessory dwelling unit exceeding 800 sq. ft. shall comply with the lot coverage and floor area ratio of underlying zone requirements of Article 30.
(6) Useable Open Space. Accessory Dwelling Units exceeding 800 sq. ft. shall provide, at a minimum, a continuous private recreation area of 225 square feet with minimum interior dimensions of 10 feet. The private recreation shall be open and unobstructed from the ground to the sky and may be located within the interior, street side, or rear setback areas. (7) Floor Area Size.
a. Maximum Floor Area Size for New Construction Units
Reg CC Mtg, June 6, 2023, Page 210 of 244
1. Attached accessory dwelling units with zero (0) bedrooms or one (1) bedroom are subject to a maximum size of eight
hundred fifty (850) square feet or fifty percent (50%) of the size of the dwelling unit, whichever is less. Attached
accessory dwelling units with two (2) or more bedrooms are subject to a maximum size of one thousand (1,000) square feet or fifty percent (50%) of the size of the dwelling unit, whichever is less. In no event less than eight hundred (800) square feet. Accessory Dwelling Units located on lots with multifamily dwelling structures shall not exceed eight
hundred (800) square feet.
2. Detached accessory dwelling units with zero (0) bedrooms or one (1) bedroom are subject to a maximum size of eight
hundred fifty (850) square feet. The maximum size of an accessory dwelling unit with two (2) or more bedrooms is one thousand (1,000) square feet. Accessory Dwelling Units
located on lots with multifamily dwelling structures shall not exceed eight hundred (800) square feet.
b. Minimum Floor Area Size. An attached or detached accessory dwelling unit shall provide a minimum floor area no less than 150 square feet.
c. Converted Floor Area Size. The conversion of an existing accessory structure or a portion of the existing primary dwelling to an accessory dwelling unit is not subject to the maximum floor area size requirement when no expansion or addition is proposed beyond the physical dimensions of the structure or dwelling other than an expansion of not more than one hundred fifty (150) square feet limited to accommodating ingress and egress for the purpose of an accessory dwelling unit; otherwise the converted floor area size shall be governed by the maximum floor area size requirement. d. An accessory dwelling unit shall not be subject to the accessory buildings and structures requirements of Section 11-1.30.05. e. Accessory structures including but not limited to garages and patios attached to Accessory Dwelling Units shall comply with
Section 11-1.30.05 – Accessory buildings and structures. (8) Floor Area Ratio. In general, the floor area ratio for all ADUs shall be subject to the floor area ratio requirements of Section 11-1.30.02. However, ADUs which are 800 square feet or less are exempt from floor area ratio calculation.
(9) Density. For purposes of calculating allowable density under the General Plan and Zoning Code an accessory dwelling unit is an accessory use that does not count toward the allowable density for the lot. (10)Parking and Vehicular Access.
a. One (1) parking space is required per accessory dwelling unit. b. Parking shall be located on the same lot containing the accessory dwelling unit and may be provided as tandem parking on a driveway.
Parking shall conform to the requirements of Article 66.
Reg CC Mtg, June 6, 2023, Page 211 of 244
c. Parking for the accessory dwelling unit is waived pursuant to Section 65825.2(d)(1) through (5) of the Government Code. d. Replacement parking is not required if a garage or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit (11)City and Public Utilities.
a. All ADUs must be connected to public utilities, or their private equivalent, including water, electric, and sewer services. For example, if required by the Building Standards Code, dwelling units that are proposed to be installed on a property with only septic tanks are prohibited.
b. Except for ADUs created solely by converting an existing singlefamily dwelling or a single-family accessory structure, the city may require a separate utility connection.
(12) Design Standards applicable to new construction of ADUs exceeding 800 square feet and ADUs converted from existing structures adding more than 150 sq. ft.
a. Building architecture including roof type, roof pitch, exterior materials, finishes and color shall match the primary dwelling. b. Address numerals of all dwelling units shall be clearly visible from the street or displayed in a building directory.
c. ADUs shall have a main entrance separate from the primary dwelling.
d. New entry door shall not open directly toward an alley. e. Replacement of the garage door shall include a new façade. The new façade shall include a minimum of one window or entryway. f. Entryway shall include an exterior light fixture.
g. Tree Preservation: Any plans for an addition or new construction shall identify the location of any mature trees onsite and provide protective measures to ensure preservation of mature trees. A mature tree is defined as any tree having a main trunk or stem measuring 24 inches in diameter, or 75 inches in circumference, measured at a height of 4 ½ feet above ground level at the root crown. A removal includes moving a tree or removing more than one-third of a tree’s vegetation. Sites without an existing mature tree must provide at least two 24-inch box trees within the front yard setback or open space area.
(13)Notice of Construction.
a. At least thirty (30) business days before starting any construction of an Accessory Dwelling Unit, the property owner shall give written notice to all the owners of record of each of the adjacent residential parcels, which notice shall include the following information:
1. Notice that construction has been authorized
2. The anticipated start and end dates for construction
3. The hours of construction
Reg CC Mtg, June 6, 2023, Page 212 of 244
4. Contact information for the project manager (for constructionrelated complaints)
5. Contact information for Building Division.
b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. This notice requirement is purely to promote neighborhood awareness and expectation.
(14)Owner-Occupancy shall adhere to CA Gov. Code Sec. 65852.2 a. Effective January 1, 2020, the owner-occupancy requirement is waived until January 1, 2025, as provided in State law. The owneroccupant requirement shall not be required for an accessory dwelling unit permitted between January 1, 2020, to December 31, 2024, during which time the owner-occupant requirement is waived as provided in State law. However, if the lot is developed with both an accessory dwelling unit and a junior accessory dwelling unit, the junior accessory dwelling unit is subject to the owner-occupancy requirement.
(15)Covenant Restriction. Prior to issuance of the building permit for an accessory dwelling unit, a covenant restriction, approved by the City Attorney, shall be recorded with the Los Angeles County Recorder’s Office, which shall include the pertinent restrictions and limitations of an accessory dwelling unit identified in this Section. Said covenant restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the recorded covenant restriction shall be filed with the Community Development Department as part of the building permit application. The recorded covenant restriction shall state that:
a. The accessory dwelling unit shall not be sold, or title transferred separate and apart from the remainder of the property, except as provided in Section 65852.26 of the Government Code; and b. The accessory dwelling unit shall be restricted to the floor area and height allowed per the development standards at the time of building permit issuance;
c. The accessory dwelling unit shall not be operated as a short-term rental or rented for a period less than thirty (30) days; and d. The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with this provision may result in legal action against the property owner, including revocation of any right to maintain an accessory dwelling unit on the property. (15) Illegal Accessory Dwelling Units. This Section shall not validate any existing illegal accessory dwelling units. Any conversions from illegal units to a conforming legal accessory dwelling unit shall be considered a new accessory dwelling unit subject to the provisions of this Section. a. Effective January 1, 2020, the property owner of a lot containing an accessory dwelling unit built before January 1, 2020, that receives a notice to correct a violation of building standards may submit an application to the Community Development Department requesting Reg CC Mtg, June 6, 2023, Page 213 of 244
that enforcement of the violation be delayed for up to five (5) years on the basis that correcting the violation is not necessary to protect health and safety as determined by the Building Official; provided, that all other violations not related to the accessory dwelling unit are corrected. This provision shall expire January 1, 2030, as provided in State law.
(E) Junior Accessory Dwelling Units.
(1) Purpose. The purpose of this Section, Junior Accessory Dwelling Units, is to provide for the creation of junior accessory dwelling units consistent with California Government Code Section 65852.22, as amended from time to time. In any instance where there is conflict, State law shall govern. (2) Definitions.
a. "Junior accessory dwelling unit" is a unit no more than five hundred (500) square feet in size and contained entirely within a proposed or existing single-family dwelling or within the walls of a garage attached to an existing single-family dwelling. It shall include permanent provisions for living, sleeping, eating, and cooking. A junior accessory dwelling unit shall not be operated as a short-term rental or rented for a period less than thirty (30) days. (3) Applicability and Permissible Use.
a. Junior accessory dwelling units are allowed on lots that contain a proposed or existing single-family dwelling. Junior accessory dwelling units are not allowed on a lot with more than one residence.
b. Junior accessory dwelling units may be combined with an accessory dwelling unit on lots located within a residential or mixed-use zone with a proposed or existing single-family dwelling as provided in Section 65852.2(e) of the Government Code. c. Junior accessory dwelling units are prohibited on lots that contain multiple detached single-family dwellings.
(4) Development Standards and Requirements. Junior accessory dwelling units shall comply with the following development standards and requirements:
a. Number of Units. One (1) junior accessory dwelling unit shall be allowed on a lot.
b. Owner-Occupancy. The property owner shall reside on the lot.
The owner may reside in the remaining portion of the single-family dwelling or the newly created junior accessory dwelling unit. c. Covenant Restriction. A covenant restriction shall be completed and recorded, as provided in subsection (13) of this Section. d. Location of Junior Accessory Dwelling Unit. A junior accessory dwelling unit shall be created within the walls of a proposed or existing single-family dwelling, or within the walls of a garage attached to an existing single-family dwelling.
e. Separate Entry Required. An exterior entrance is required for all junior accessory dwelling units, independent of the exterior Reg CC Mtg, June 6, 2023, Page 214 of 244
entrance for the single-family dwelling and shall not open directly toward an alley.
f. Kitchen Requirements. The junior accessory dwelling unit shall include an efficiency kitchen, which includes a cooking facility with appliances, a food preparation counter, and storage cabinets that are reasonable to size of the unit.
g. Common Sanitation: Where a junior accessory dwelling unit shares the bathroom facilities contained in the single-family dwelling, a direct unobstructed interior connection shall be provided at all times between the junior accessory dwelling unit and the bathroom facilities, and the interior connection shall not require passage through a locked door (except for a privacy lock on the bathroom door) or passage outside of the gross floor area of the junior accessory dwelling unit or single family dwelling. (5) Design Standards.
a. Building architecture, exterior materials, finishes and color shall match the primary dwelling.
b. Address numerals of all dwelling units shall be clearly visible from the street or displayed in a building directory.
c. JADUs shall have a main entrance separate from the primary dwelling.
d. New entry door shall not open directly toward an alley. e. Replacement of the garage door shall include a new façade. The new façade shall include a minimum of one window or entryway. f. Entryway shall include an exterior light fixture.
(6) Parking. No parking is required for the junior accessory dwelling unit beyond the required parking for the proposed or existing single-family dwelling.
However, replacement parking for the existing single-family dwelling is required when an attached garage or portion thereof is converted to a junior accessory dwelling unit. Parking shall conform to the requirements of Article
66. (7) Setbacks and Other Zoning Regulations. The junior accessory dwelling unit shall be considered a part of the single-family dwelling and shall be subject to the same requirements of the underlying zoning district as required for the single-family dwelling.
(8) Density. For purposes of calculating allowable density under the General Plan and Zoning Code a junior accessory dwelling unit is an accessory use that does not count toward the allowable density for the lot. (9) Maximum Floor Area. A junior accessory dwelling unit shall not exceed five hundred (500) square feet in floor area.
(10)Minimum Floor Area. A junior accessory dwelling unit shall provide a minimum floor area no less than 150 square feet.
(11)Utility Service. For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. An inspection may be assessed to confirm the junior accessory dwelling unit complies with development standards.
Reg CC Mtg, June 6, 2023, Page 215 of 244
(12)Illegal Junior Accessory Dwelling Units. This Section shall not validate any existing illegal junior accessory dwelling units. Any conversions from illegal units to a conforming legal junior accessory dwelling unit shall be considered a new junior accessory dwelling unit subject to the provisions of this Section.
(13)Covenant Restriction.
a. Prior to issuance of the building permit for a junior accessory dwelling unit, a covenant restriction, approved by the City Attorney, shall be recorded with the Los Angeles County Recorder’s Office, which shall include the pertinent restrictions and limitations of a junior accessory dwelling unit identified in this Section. Said covenant restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the recorded covenant restriction shall be filed with the Community Development Department as part of the building permit
application. The recorded covenant restriction shall state that:
1. The junior accessory dwelling unit shall not be sold separately from the single-family dwelling
2. The junior accessory dwelling unit shall be restricted to the maximum size allowed per the development standards
3. The junior accessory dwelling unit shall be considered legal only so long as either the single-family dwelling or the junior accessory dwelling unit is occupied by the property owner
4. The junior accessory dwelling unit shall not be operated as a short-term rental or rented for periods less than thirty (30) days
5. The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with this provision may result in legal action against the property owner, including revocation of any right to maintain a junior accessory dwelling unit on the property.
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.
Reg CC Mtg, June 6, 2023, Page 216 of 244
________________________________
Barry Waite, Mayor
ATTEST:
_____________________________________
Kathleen Horn Gregory, MMC, City Clerk
Approved as to Form:
_________________________
Trevor Rusin, City Attorney
Reg CC Mtg, June 6, 2023, Page 217 of 244
RESOLUTION NO. PC 2023-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LOMITA RECOMMENDING CITY COUNCIL APPROVAL OF ZONING
TEXT AMENDMENT 2023-06 AMENDING LOMITA MUNICIPAL CODE
TITLE XI (PLANNING AND ZONING), CHAPTER 1 (ZONING), ARTICLE 30 SECTION 11-1.30.06 (ACCESSORY AND JUNIOR ACCESSORY
DWELLING UNITS), AND FINDING THE ACTION TO BE EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
THE PLANNING COMMISSION OF THE CITY OF LOMITA DOES HEREBY FIND, ORDER AND RESOLVE AS FOLLOWS:
Section 1 . Recitals
A. This proposed code amendment has been assessed in accordance with the California Public Resources Code (CPRC) 21080.17. The California Environmental Quality Act (CEQA) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Section 65852.2 of the Government Code, which is the code section for the State's Accessory Dwelling Unit law.
B. On May 8, 2023, the Planning Commission held a duly noticed public hearing on Zone Text Amendment No. 2023-06 (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 Zoning Text Amendment, in accordance with Lomita Municipal Code sections 11-1.70.04 and 11-1.70.05(C).
C. After review and consideration of all evidence and testimony presented in connection with this hearing, the Planning Commission recommends that the City Council approves the Zoning Text Amendment.
Section 2. In accordance with Municipal Code section 11-1.70.05, the Planning Commission finds that the proposed Zone Text Amendment is consistent with the General Plan as described in Exhibit A.
Section 3. Based on the foregoing, the Planning Commission of the City of Lomita hereby recommends City Council approve the amendments to the Lomita Municipal Code shown in the draft Ordinance (Exhibit A).
PASSED and ADOPTED by the Planning Commission of the City of Lomita on this 8 th day of May, 2023, by the following vote:
AYES: Commissioners: Dever, Sanchez, Santos, Stephens, Vice-Chair Graf, and Chair Cammarata
NOES: Commissioners:
ABSENT: Commissioners: Steinbach
Attachment No 2
Reg CC Mtg, June 6, 2023, Page 218 of 244
Resolution No. 2023-13
ATTEST(:
Brianna Rindge, AICP
�� � --� Steven Cammarata, Chair
Community and Economic Development Director
Any action to challenge the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Code of Civil Procedure Section 1094.6.
Reg CC Mtg, June 6, 2023, Page 219 of 244
Sec. 11-1.30.06. Accessory and junior accessory dwelling units. Exhibit A (A) Purpose.
(1) The purpose of this section, is to provide for the creation of accessory dwelling units and junior accessory dwelling units consistent with Section2 65852.2 and 65852.22 of the Government Code, as amended from time to time. In any instance where there is conflict, state law shall govern.
(B) Definitions.
(1) Accessory dwelling unit/ADU has the same meaning as that stated in Government Code Section 65852.2 as that section may be amended from time to time. (2) Attached or Attached ADU means an ADU that shares at least one common wall with the primary dwelling unit.
(3) Converted ADU means an ADU that is constructed within all or a portion of the legally permitted existing interior space of an accessory structure or within all or a portion of the permitted existing interior space of a dwelling structure, including bedrooms, attached garages, and storage areas. (4) Detached or Detached ADU means an ADU that is physically separated from, but located on the same lot as, a primary dwelling unit.
(5) Existing. A structure is "existing" if it was legally constructed, and the construction has passed all required final inspections.
(6) Junior accessory dwelling unit/JADU is a unit no more than five hundred (500) square feet in size and contained entirely within a proposed or existing single-family dwelling or within the walls of a garage attached to an existing single-family dwelling. It shall include permanent provisions for living, sleeping, eating, and cooking. shall have same meaning as that stated in Go1.iernment Code Section 65852.22(h)(1) as that section may be amended from time to time. (7) Public transit has the same meaning as that stated in Government Code Section 65852.2 as that section may be amended from time to time.
(8) Floor area of an accessory dwelling unit means, for the purpose of this chaptersection, the area of each floor level included within the walls enclosing each dwelling unit. The floor area shall be measured from the outside face of the walls enclosing each dwelling unit including all closet space and storage areas contained within the unit, including habitable basements and attics, but not including unenclosed porches, balconies, or any enclosed garages or carports. For purposes of calculating allowable floor area of accessory dwelling units based on a proportion of the size of the primary residence, only the livable floor area of the primary residence shall be counted.
The floor area of any other structures, for purposes of calculating total floor area, lot coverage, or other calculations, shall be calculated in the manner described in the relevant zoning regulations.
(C) Applicability and permissible use.
(1) Accessory dwelling units required by state law. Accessory d11lelling unitsADUs required by state law are allowed on lots located within a residential or mixed-use zone as provided in Section 65852.2(e) of the Government Code, in compliance with all applicable provisions of subsection (E) of this section, development standards and requirements, except for those provisions which do not allow an accessory dwelling unitADU otherwise in compliance with Section 65852.2(e) of the Government Code. An accessory dwelling unitADU pursuant to Section 65852.2(e)(1 )(8) of the Government Code shall be limited to a maximum floor area size of eight hundred (800) square feet and a maximum height of sixteen (16) feet. The combination of accessory dwelling unitADU categories set forth in Section 65852.2(e)(A) through (D) of the Government Code is prohibited. (2) Applications for accessory dwelling unitsADUs and junior accessory d1Nelling unitsJADUs shall be approved or denied reviewed within sixty (60) days from the date the city receives a complete application if there is an existing single-family or multifamily dwelling on the lot. If the application to create an accessory d>Nelling unitADU or a junior accessory dwelling unitJADU is submitted
Reg CC Mtg, June 6, 2023, Page 220 of 244
Sec. 11-1.30.06. Accessory and junior accessory dwelling units. with a permit application to create a new single-family dwelling or multifamily dwelling on the lot, the city may delay acting on the application for the accessory d1 .•1elling unitADU or the jt:ffiiGf
accessory dwelling unitJADU until the city acts on the permit application to create the new single -u-rutADU
family dwelling or multifamily dwelling, but the application to create the accessory dwelling or junior accessory dwelling unitJADU shall be considered without discretionary review or hearing. If the applicant requests a delay, the sixty (60) day time period shall be tolled for the period of the delay.
(3) Approval of a permit for the creation of an accessory dwelling unitADU or j1.mior accessory dwelling unitJADU shall not be conditioned on the correction of nonconforming zoning conditions., building code violations, or unpermitted structures on the subject property. However, this does not prevent the city from enforcing compliance with applicable building standards in accordance with California Health and Safety Code Section 17980.12. (4) For the purpose of this section, a structure with two (2) or more attached dwellings on a single lot is considered a multifamily dwelling structure. Multiple detached single-family dwellings on the same lot are not considered multifamily dwellings. A lot with multiple detached single-family dwellings is eligible for creation of one (1) accessory dwelling unitADU per lot by converting space within the proposed or existing space of a single-family dwelling or existing structure or new construction of a detached accessory d>,,•;elling unitADU. (5) It is prohibited to convert existing floor area or construct an accessory dwelling unitADU without first obtaining approval and issuance of a building permit. Such permit shall be issued if it is determined that the accessory dwelling unitADU will conform to the provisions of this section. (6) Applicant shall pay all applicable development impact fees established by city council resolution.
Accessory d•.velling unitADUs of less than seven hundred fifty (750) square feet in size shall be exempt from all impact fees. Accessory dwelling unitADUs of greater than 750 square feet in size shall be charged impact fees established by city council resolution. Such fees shall be charged proportionately in relation to the square footage of the primary dwelling unit. (D) State::-exempt accessory dwelling units and iunior accessory dwelling units. (1) Within a residential zone or the Mixed-Use Overlay District AU-all development standards (including, but not limited to lot coverage, floor area ratio, required building separation., and open space) are reduced solely to the extent necessary to allow eitRef..one (1) of the following solely through building permit:
b.§. One {1) ADU and one (1) JADU on a lot if all of the following apply:
1. Each unit is located either:
(i) Within the space of a proposed single-family dwelling: or (ii) Within the space of an existing single-family dwelling or accessory structure:
2. Each unit maintains exterior access that is independent of that for the primary singlefamily dwelling:
3. Each unit maintains side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes:
4. The JADU complies with the requirements of California Government Code Sec. 65852.22: and
5. Each unit may include an expansion of not more than one hundred fifty (150) square feet beyond the physical dimensions of the existing accessory structure: such expansion beyond the physical dimensions of the existing accessory structure is limited to accommodating ingress and egress.
a_!2. One (1) ADU and one (1) JADU GA.Qfil-a lot if all of the following apply:
Reg CC Mtg, June 6, 2023, Page 221 of 244
Sec. 11-1.30.06. Accessory and junior accessory dwelling units.
1. The ADU is detached, new construction on a lot with a proposed or existing singlefamily dwelling; L. one attaohed or detaohed ADU thatThe ADU is eight hundred (800) square feet or less�
3. The , with a height of the ADU does not exceed-i-n§ the applicable height limit in subsection (E)(2) of this section;sixteen (16) feet,
4. The ADU maintainswitR setbaoks of at least four (4) foot feet from the side and rear yards-setbacks;
5. The ADU -aR4-complies with applicable front yard setbacks: and.,.
6. The JADU complies with subsection (0)(1 ){a) of this section. c. On a lot with an existing or proposed multifamily dwelling, up to two (2) detached ADUs that are eight hundred (800) square feet or less and which have a height not exceeding the applicable height limit in subsection (E)(2)sixteen (16) feet, and which comply with setbacks of at least four (4) feet from the side and rear yards, and which comply with front yard setbacks. provided that. If the existing multifamily dwelling has a rear or side yard setback of less than four (4) feet. the city will not require any modification to the existing multifamily dwelling as a condition of approving the ADU. d. Converted on existing multifamily building. No more than twenty-five (25) percent of the number of the existing units, but at least one....{11 unit, shall be permitted as ADUs constructed within the non-livable space and are-shall be enclosed on at least three (3) sides (e.g., storage rooms, boiler rooms, attics, basements, or garages) of the existing multifamily dwelling structure provided that applicable building codes are met; fractions shall be rounded down to the next lower number of dwelling units, except that at least one ill accessory dwelling unit/\DU shall be allowed.
(E) Development standards and requirements for A§.ccessory dwelling units,. shall oomply with the following de>1elopment standards and requirements:
(1) Number of units.
a.
tlfl-itADU
For lots with an existing or proposed single-family dwelling, one.111 aooessory d>t,mlling shall be allowed on a lot.
b. For lots with an existing or proposed multifamily residential dwelling structure
1. No more than twenty-five (25) percent of the number of the existing units, but at least one unit, shall be permitted as ADUs constructed within the non-livable space and are enclosed on at least three (3) sides (e.g., storage rooms, boiler rooms, attics, basements, or garages) of the existing multifamily dwelling structure provided that applicable building codes are met; Fractions shall be rounded down to the next lower number of dwelling units, except that at least one ffiaocessory dwelling unitADU shall be allowed.
2. Up to two (2) accessory dwelling unitADUs shall be permitted as detached from the multifamily residential structure and may be attached or detached to each other. (2) Height.
a. Attached or dQetached ADUs on a lot with an existing or proposed single family or multifamily dwelling unit and complying with a four (4) feet side and four (4) feet rear setback shall not exceed one story and a height of sixteen (16) feet. b. On a lot that is within one-half of one (0.5) mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, detached ADUs complying with a four (4) foot side and four (4) foot rear setback shall not exceed a height of eighteen (18) feet. For such ADUs, an additional two
Reg CC Mtg, June 6, 2023, Page 222 of 244
Sec. 11-1.30.06. Accessory and junior accessory dwelling units.
C.
feet in height is allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
On a lot with an existing or proposed multifamily, multistory dwelling, detached ADUs complying with a four (4) foot side and four (4) foot rear setback shall not exceed a height of eighteen ( 18) feet.
d. A height of twenty-five (25) feet or the maximum height of the principal structure according to Section 11-1.30. 02 of this Code, whichever is lower, is the height limit for an accessory d1Nelling unitADU that is attached to the principal dwelling. Pursuant to Section 11-1. 70.11, residential lots south of Pacific Coast Highway shall obtain a height variation permit for an attached ADU over sixteen (16) feet in height measured from the natural grade. Converted area from the existing dwelling is exempt from this requirement. _e_. _An attached or detached accessory dwelling unitADU complying with the setback requirements of the underlying zone shall not exceed sixteen (16) feet at one story and twenty-seven (27) feet at two (2) stories. ADUs shall not exceed two (2) stories. Pursuant to Section 11-1. 70.11, residential lots south of Pacific Coast Highway shall obtain a height variation permit for an attached ADU over sixteen ( 16) feet in height measured from the natural grade. Converted area from the existing dwelling is exempt from this requirement. c. Properties located South of Pacific Coast Highway.
1. An accessory dwelling unit attached to the primary dwelling or a detached accessory dwelling unit shall not exceed sixteen (16) feet and shall not exceed one story.
Pursuant to Section 11 1.70.11 residential lots south of Pacific Coast Highway shall obtain a height 1.iariation permit for new structures or additions 01.ier sixteen (16) feet in height measured from the natural grade. Converted area from the existing dwelling is exempt from this requirement.
(3) Setbacks.
a. Front yard. Twenty (20) feet to a front property line.
1. Secondary front. Ten (10) feet to property line.
b. Side yard. Four (4) feet to a side property line.
c. Rear yard. Four (4) feet to a rear property line.
d. Building separation. Six (6) feet to the exterior wall of a dwelling, garage, or accessory structure located on the same lot.
e. Setbacks required by utility easements and recorded setbacks shall be maintained. No portion of an ADU shall be constructed on a public or private easement. Roof eaves may not be eliminated to meet this requirement.
f. No setback is required for an existing living area or existing accessory structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dv,ielling unitADU or to a portion of an accessory d•,11elling t!Ai-tADU.
g. ADUs are not eligible for modifications to yard setbacks pursuant to Article 70. (4) Lot coverage. An accessory dwelling unitADU exceeding eight hundred (800) square feet shall comply with the lot coverage and floor area ratio of underlying zone requirements of Article 30. (5) Useable open space. Accessory dwelling unitADUs exceeding eight hundred (800) square feet shall provide, at a minimum, a continuous private recreation area of two hundred twenty-five (225) square feet with minimum interior dimensions of ten (10) feet. The private recreation shall be open and unobstructed from the ground to the sky and may be located within the interior, street side, or rear setback areas.
Reg CC Mtg, June 6, 2023, Page 223 of 244
Sec. 11-1.30.06. Accessory and junior accessory dwelling units. (6) Floor area size.
a. Maximum floor area size for new construction units.
1. Attached accessory dwelling unitsADUs with zero (0) bedrooms or one Dlbedroom are subject to a maximum size of eight hundred fifty (850) square feet or fifty (50) percent of the size of the dwelling unit, whichever is less.
LAttached accessory dwelling unitsADUs with two (2) or more bedrooms are subject to a maximum size of one thousand (1,000) square feet or fifty (50) percent of the size of the dwelling unit, whichever is less, and,. �ln no event less than eight hundred (800) square feet.
3. Attached or detached ADUAccessory d•.velling unite located on lots with multifamily dwelling structures shall not exceed eight hundred (800) square feet each. �- Detached accessory dwelling unitADUs with zero (0) bedrooms or one bedroom are subject to a maximum size of eight hundred fifty (850) square feet.
5. Detached ADUsThe maximum size of an accessory d'.velling unit with two (2) or more bedrooms are subject to a maximum size of &one thousand (1,000) square feet.
Accessory dwelling units located on lots with multifamily di,•.ielling structures shall not exceed eight hundred (800) square feet.
b. Minimum floor area size. An attached or detached accessory dwelling unitADU shall provide a minimum floor area no less than one hundred fifty (150) square feet. c. Converted floor area size. The conversion of an existing accessory structure or a portion of the existing primary dwelling to an accessory dwelling unitADU is not subject to the maximum floor area size requirement when no expansion or addition is proposed beyond the physical dimensions of the structure or dwelling other than an expansion of not more than one hundred fifty (150) square feet limited to accommodating ingress and egress for the purpose of an accessory dwelling unitADU; otherwise the converted floor area size shall be governed by the maximum floor area size requirement. d. An accessory dv.ielling unitADU shall not be subject to the accessory buildings and structures requirements of Section 11-1.30.05.
e. Accessory structures including, but not limited to garages and patios attached to accessory dwelling unitADUs shall comply with Section 11-1.30.05 - accessory buildings and structures.
(7) Floor area ratio. In general, the floor area ratio for all ADUs shall be subject to the floor area ratio requirements of Section 11-1.30.02. However, ADUs which are eight hundred (800) square feet or less are exempt from floor area ratio calculation.
(8) Density. For purposes of calculating allowable density under the General Plan and Zoning Code an accessory dwelling unitADU is an accessory use that does not count toward the allowable density for the lot.
(9) Parking and vehicular access.
a. One ffiparking space is required per accessory dwelling unitADU. b. Parking shall be located on the same lot containing the accessory d1Nelling unitADU and may be provided as tandem parking on a driveway. Parking shall conform to the requirements of Article 66 of this Code.
c. Parking for the accessory dwelling unitADU is waived pursuant to Section 65825.2(d)(1) through (5) of the Government Code.
Reg CC Mtg, June 6, 2023, Page 224 of 244
Sec. 11-1.30.06. Accessory and junior accessory dwelling units. d. Replacement parking is not required if a garage or covered parking structure is demolished in conjunction with the construction of an accessory d•.velling unitADU or converted to an accessory dwelling unitADU.
(10) City and public utilities.
a. All AD Us must be connected to public utilities, or their private equivalent, including water, electric, and sewer services. For example, if required by the building standards code, dwelling units that are proposed to be installed on a property with only septic tanks are prohibited.
b. Except for AD Us created solely by converting an existing single-family dwelling or a singlefamily accessory structure, the city may require a separate utility connection. (11) Design standards applicable to new construction of ADUs exceeding eight hundred (800) square feet and ADUs converted from existing structures adding more than one hundred fifty (150) square feet.
a. Building architecture including roof type, roof pitch, exterior materials, finishes.,_ and color shall match the primary dwelling.
b. Address numerals of all dwelling units shall be clearly visible from the street or displayed in a building directory.
c. ADUs shall have a main entrance separate from the primary dwelling and shall not have an interior connection to any other dwelling unit.
d. New entry door shall not open directly toward an alley. e. Replacement of the garage door shall include a new fac;ade. The new fac;ade shall include a minimum of one window or entryway.
f. Entryway shall include an exterior light fixture.
g. Tree preservation: Any plans for an addition or new construction shall identify the location of any mature trees onsite and provide protective measures to ensure preservation of mature trees. A mature tree is defined as any tree having a main trunk or stem measuring twenty-four (24) inches in diameter, or seventy-five (75) inches in circumference, measured at a height of four and one-half (4½) feet above ground level at the root crown. A removal includes moving a tree or removing more than one-third of a tree's vegetation. Sites without an existing mature tree must provide at least two (2) twenty-four (24) inch box trees within the front yard setback or open space area.
(12) Notice of construction.
a. At least thirty (30) business days bef.ore starting any oonstruction of an accessory dwelling unit, the property O'Nner shall gi,,ie 'Nritten notice to all the O\•mers of record of each of the adjacent residential parcels, which notioe shall include the f.ollowing inf.ormation:
1. Notice that construction has been authorized
2. The anticipated start and end dates f.or construction
3. The hours of construction
4. Contact information f.or the project manager (for construction related complaints)
5. Contact information for building division.
b. This notice requirement does not confer a right on the noticed persons or on anyone else to oomment on the project bef.ore permits are issued. Approval is ministerial. This notice requirement is purely to promote neighborhood ar.vareness and expectation. (1�i) Owner-occupancy. Subject to the requirements of Cafifornia Government Code Sec. 65852.2.
Reg CC Mtg, June 6, 2023, Page 225 of 244
I
Sec. 11-1.30.06. Accessory and junior accessory dwelling units. a. Effective January 1, 2020, the owner occupancy requirement is 1Naived until January 1, 2025, as provided in state law. The owner occupant requirement shall not be required for an accessory d1,•,1elling unit permitted betv,een January 1, 2020, to December 31, 2024, during which time the 01Nner occupant requirement is i,e,1ai1,1ed as provided in state law.
However, if the lot is developed with both an accessory dwelling unit and a junior accessory dwelling unit, the junior accessory dwelling unit is subject to the owner occupancy requirement.
(14�) Covenant restriction. Prior to issuance of the building permit for an accessory dwelling unitADU, a covenant restriction, approved by the city attorney, shall be recorded with the Los Angeles County Recorder's Office, which shall include the pertinent restrictions and limitations of an accessory dwelling unitADU identified in this section. Said covenant restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the recorded covenant restriction shall be filed with the community development department as part of the building permit application. The recorded covenant restriction shall state that:
a. The accessory dw-elling unitADU shall not be sold, or title transferred separate and apart from the remainder of the property, except as provided in Section 65852.26 of the Government Code; and
b. The accessory dwelling unitADU shall be restricted to the floor area and height allowed per the development standards at the time of building permit issuance; c. Any owner-occupancy requirement shall be consistent with California Government Code Sec. 65852.2. If the state allows the city to require owner-occupancy, the ADU shall be considered legal only so long as the owner resides at the property built with the ADU. _d. __ The accessory dwelling unitADU shall not be operated as a short-term rental or rented for a period less than thirty (30) days; and
�- The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with this provision may result in legal action against the property owner, including revocation of any right to maintain an aeeessory dwelling unitADU on the property.
(15) Illegal accessory d1Nelling unitADUs. This section shall not validate any existing illegal accessory d1Nelling unit/\DUs. Any conversions from illegal units to a conforming legal accessory dwelling t!RMDU shall be considered a new accessory d¥,relling unitADU subject to the provisions of this section.
a.
UMADU
Effective January 1, 2020, the property owner of a lot containing an accessory dwelling built before January 1, 2020, that receives a notice to correct a violation of building standards may submit an application to the community development department requesting that enforcement of the violation be delayed for up to five (5) years on the basis that correcting the violation is not necessary to protect health and safety as determined by t!RMDU
the building official; provided, that all other violations not related to the accessory dwelling are corrected. This provision shall expire January 1, 2030, as provided in state law.
(F) Junior accessory dwelling units.
(1) Purpose. The purpose of this section, junior accessory dwelling units, is to provide for the creation of junior accessory dwelling units consistent with California Government Code Section 65852.22, as amended from time to time. In any instance where there is conflict, state law shall govern. (2) Definitions.
a. Junior accessory dv;e!/.ing unit is a unit no more than five hundred (500) square feet in size and contained entirely within a proposed or existing single family dv,relling or within the 'Nalls of a garage attached to an existing single family dwelling. It shall include permanent
Reg CC Mtg, June 6, 2023, Page 226 of 244
Sec. 11-1.30.06. Accessory and junior accessory dwelling units. provisions for living, sleeping, eating, and cooking. A junior accessory d•.velling unit shall not be operated as a short term rental or rented for a period less than thirty (30) days. (J.f.) Applicability and permissible use.
a. One {1) JADU Junior accessory dwelling units areis allowed on lots that contain a proposed or existing single family dwelling. Junior accessory dwelling units are not allowed on a lot with more than one residenceper residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot. b. Junior accessory dwelling units may be combined with an accessory di.veiling unit on lots located within a residential or mixed use zone with a proposed or existing single family dwelling as pro1.iided in Section 65852.2(e) of the Go1.iernment Code. c. Junior accessory dv,ielling unitJADUs are prohibited on lots that contain multiple detached single-family dwellings.
(4�) Development standards and requirements. Junior accessory d1Aielling unitJADUs shall comply with the following development standards and requirements:
a. Number of units. One !1.l.iunior accessory dwelling unitJADU shall be allowed on a lot. b. Owner-occupancy. The property owner shall reside on the lot. The owner may reside in the remaining portion of the single-family dwelling or the newly created junior accessory dwelling unitJADU.
c. A JADU shall not be operated as a short-term rental or rented for a period less than thirty {30) days.
GQ. Covenant restriction. A covenant restriction shall be completed and recorded, as provided in subsection (13) of this section.
a�. Location of junior accessory dwelling unitJADU. A junior accessory d1Nelling unitJADU shall be created within the walls of a proposed or existing single-family dwelling, or within the walls of a garage attached to an existing single-family dwelling. ef. Separate entry required. An exterior entrance is required for all junior accessory dwelling ¼:ffiftJADUs, independent of the exterior entrance for the single-family dwelling.._ and shall not open directly toward an alley.
fg. Kitchen requirements. The junior accessory dwelling unitJADU shall include an efficiency kitchen, which includes a cooking facility with appliances, a food preparation counter, and storage cabinets that are reasonable to size of the unit. gh. Common sanitation. Where a junior accessory dwelling unitJADU shares the bathroom facilities contained in the single-family dwelling, a direct unobstructed interior connection shall be provided at all times between the junior accessory dwelling unitJADU and the bathroom facilities, and the interior connection shall not require passage through a locked door ( except for a privacy lock on the bathroom door) or passage outside of the gross floor area of the junior accessory dv.ielling unitJADU or single=-family dwelling. (-51) Design standards.
a. Building architecture, exterior materials, finishes and color shall match the primary dwelling.
b. Address numerals of all dwelling units shall be clearly visible from the street or displayed in a building directory.
c. JADUs shall have a main entrance separate from the primary dwelling. d. New entry door shall not open directly toward an alley.
Reg CC Mtg, June 6, 2023, Page 227 of 244
Sec. 11-1.30.06. Accessory and junior accessory dwelling units. e. Replacement of the garage door shall include a new fac;:ade. The new fac;:ade shall include a minimum of one window or entryway.
f. Entryway shall include an exterior light fixture.
(e_§_) Parking. No parking is required for the junior accessory diNelling unitJADU beyond the required parking for the proposed or existing single-family dwelling. However, replacement parking for the existing single-family dwelling is required when an attached garage or portion thereof is converted ton junior accessory di.veiling unitJADU. Parking shall conform to the requirements of Article 66 of this Code.
(+§) Setbacks and other zoning regulations. The junior accessory di.velling unitJADU shall be considered a part of the single-family dwelling and shall be subject to the same requirements of the underlying zoning district as required for the single-family dwelling. (gZ) Density. For purposes of calculating allowable density under the general plan and zoning code a junior accessory dwelling unitJADU is an accessory use that does not count toward the allowable density for the lot.
(9§.) Maximum floor area. A junior accessory dwelling unitJADU shall not exceed five hundred (500) square feet in floor area.
(4-9�) Minimum floor area. A junior accessory di.veiling unitJADU shall provide a minimum floor area no less than one hundred fifty (150) square feet.
(1.Q4) Utility service. For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unitJADU shall not be considered a separate or new dwelling unit. An inspection may be assessed to confirm the junior accessory dwelling unitJADU complies with development standards.
(11�) Illegal junior accessory dwelling unitJADUs. This section shall not validate any existing illegal junior accessory dwelling unitJADUs. Any conversions from illegal units to a conforming legal junior aceessory di.velling unitJADU shall be considered a new junior aeeessory dwelling -lffi¼tJADU subject to the provisions of this section.
(1i�) Covenant restriction.
a. Prior to issuance of the building permit for a junior aceessory dwelling unitJADU, a covenant restriction, approved by the city attorney, shall be recorded with the Los Angeles County Recorder's Office, which shall include the pertinent restrictions and limitations of a junior accessory dwelling unitJADU identified in this section. Said covenant restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the recorded covenant restriction shall be filed with the community development department as part of the building permit application. The recorded covenant restriction shall state that:
1. The junior aeeessory dwelling unitJADU shall not be sold separately from the singlefamily dwelling;
2. The junior accessory dwelling unitJADU shall be restricted to the maximum size allowed per the development standards;
3. The junior aceessory dwelling unitJADU shall be considered legal only so long as either the single-family dwelling or the junior accessory di.veiling unitJADU is occupied by the property owner;
4. The junior accessory diNelling unitJADU shall not be operated as a short-term rental or rented for periods less than thirty (30) days;
5. The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with this provision may result in legal action against the property
Reg CC Mtg, June 6, 2023, Page 228 of 244
Sec. 11-1.30.06. Accessory and junior accessory dwelling units. owner, including revocation of any right to maintain a junior accessory dwelling w=i-i-tJADU on the property.
Reg CC Mtg, June 6, 2023, Page 229 of 244
TO: Planning Commission
FROM: Laura MacMorran, Associate Planner
THROUGH: Brianna Rindge, Director of Community & Economic Development MEETING DATE: May 8, 2023
SUBJECT: Discussion and Consideration of Zoning Text Amendment No. 2023-06, an Ordinance Amending Lomita Municipal Code Title XI (Planning and Zoning) Modifying Accessory Dwelling Unit (ADU) Regulations per California State Mandates and Finding the Action to be Exempt from the California Environmental Quality Act
RECOMMENDATION
Adopt a resolution recommending the City Council adopt Zoning Text Amendment 2023-06 and find the request exempt from the California Environmental Quality Act (CEQA).
BACKGROUND
The City most recently updated its regulations for ADUs on September 6, 2022, through Ordinance No. 838. Additional amendments of the State’s accessory dwelling unit law went into effect January 1, 2023, increasing detached accessory dwelling unit height standards in certain situations. Per California Government Code Section 65852.2(a)(6), when a local jurisdiction’s standards do not align with the State’s standards, the local ordinance is null and replaced with the State’s provisions. In order to restore beneficial Lomita-specific standards, the City must adopt an updated ordinance.
The State requires cities to submit new ordinances to the State Department of Housing and Community Development (HCD) within 60 days of adoption, and there is no prereview. Last year, the City sent its most-recent ordinance to HCD; however, instead of reviewing for approval or denial, HCD informed the City that it was suspending its review for the year, presumably due to pending State law at the time.
ANALYSIS
Approved and proposed State bills trigger the following necessary amendments to Lomita’s ADU regulations.
Item No. PH 4b
Attachment No 3
Reg CC Mtg, June 6, 2023, Page 230 of 244
1) HEIGHT STANDARDS
Lomita’s 2022 ordinance allowed a maximum height of 27’ for attached and detached ADUs that met the underlying zoning districts’ setback requirements. This provision enables some projects to shrink the building’s footprint and frees limited ground floor space for uses that need to be located on the ground, such as yards, trees, vehicle parking, and trash areas. It also reduces the construction cost, particularly on multi-family properties, where two accessory dwelling units are permitted. The ordinance maintains a provision that properties south of Pacific Coast Highway remain subject to the height variation permit process.
2) UNIT SIZE
State law allows a municipality to limit the maximum size of an ADU to 1,000 ft2; however, absent a local ordinance, an ADU is permitted up to 1,200 ft2. Lomita’s 2022 ordinance set the maximum unit size at 1,000 ft2. The proposed ordinance reestablishes the 1,000 ft2 maximum size. Unit size directly correlates to cost and the need for less expensive housing has been well-established. Also, space on the ground is finite and as previously discussed a multitude of uses need ground location. By capping each ADU at 1,000 ft2, the rent for the unit should be less expensive and there will exist more opportunity for ground-level uses.
The Housing Element directs the City to create incentives for increasing ADU production.
Such ideas will be discussed during the General Plan and Comprehensive Zoning Code Update, along with density bonus incentives and lot consolidation incentives. For example, the City may allow more square footage for an attached ADU if it is designed within the primary dwelling unit’s buildable envelope. This may be a win-win situation as the ability to create a larger unit might entice people to use the air space and create vertical two-story projects, instead of horizontal single-story projects. 3) OWNER-OCCUPANCY
Currently, State law does not allow a local jurisdiction to impose an owner-occupancy requirement on ADUs. This provision sunsets January 1, 2025 (CA Gov. Code Sec. 65852.2(c)(2)). Assembly Bill No. 976 would permanently remove the owner-occupancy requirement. As of April 23, 2023, this bill has passed the Assembly Local Government Committee and the Assembly Housing and Community Development Committee. Should the bill not pass, the current owner-occupancy exemption would remain until January 1, 2025; however, should the bill pass, Lomita’s local ordinance would become noncompliant. For this reason, staff recommends removing the owner-occupancy requirement and replacing it with a reference to the Government Code. This reference to State law should preserve the City’s ordinance.
4) CONSTRUCTION NOTICE
The existing ordinance requires that a construction notice be sent to the neighboring property owners. The provision has good intentions; however, the City does not require single-family, multi-family, or commercial construction projects to provide any such notice. In recent memory, staff has not received any complaints about an ADU under construction. HCD has the potential to view such a requirement as an impediment to ADU Reg CC Mtg, June 6, 2023, Page 231 of 244
creation, so staff recommends a conservative approach to securing HCD’s approval and removing this provision. Separately, the City could consider a construction notice sign on all sites, if desired.
5) OTHER RELEVANT 2023-2024 BILLS
In addition to AB No 976 (no owner-occupancy requirement), the State is processing other bills that will impact or have the potential to impact Lomita.
Bill Title or Summary Potential Impact
AB
1033
Would authorize a local agency
to adopt a local ordinance to
allow the separate conveyance
of the primary dwelling unit and
accessory dwelling unit or units
as condominiums, as specified.
The State would provide local jurisdictions
with the option to allow condominiums;
however, it is not a requirement. Allowing
properties to create separate ownership
may be an incentive strategy to ADU
development; however, the implications for
existing single-family zoned properties with
multiple units would require further study.
AB
1332
Section 65852.27 would require
local agencies to develop a
program for preapproval for
ADU plans by 1/1/2025 and
approve or deny an application
within 30 days using said plans.
The City would need to adopt preapproved
plans. LA County is already in the process
of developing plans; however, the City may
wish to create its own version(s). The
requirement should not affect the proposed
ordinance.
6) NON-SUBSTANTIVE CLEAN-UP
The proposed ordinance cleans up existing code without any tangible changes to code.
CEQA
This proposed code amendment has been assessed in accordance with the California Public Resources Code (CPRC) 21080.17. The California Environmental Quality Act (CEQA) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Section 65852.2 of the Government Code, which is the code section for the State’s Accessory Dwelling Unit law.
PUBLIC NOTICE
Notices of this hearing dated April 29, 2023 were published in the Daily Breeze Newspaper, and posted at City Hall and Lomita Park.
OPTIONS
1. Recommend approval to the City Council as recommended by staff.
2. Recommend approval to the City Council with amendments.
3. Provide staff with further direction.
Reg CC Mtg, June 6, 2023, Page 232 of 244
ATTACHMENTS
1. Resolution with Exhibit A Draft Ordinance
2. Lomita Municipal Code Redlined
Prepared by: Reviewed by:
Laura MacMorran Brianna Rindge, AICP
Associate Planner Community & Economic Development Director Reg CC Mtg, June 6, 2023, Page 233 of 244
Sec. 11-1.30.06. Accessory and junior accessory dwelling units. Attachment 2
(A) Purpose.
(1) The purpose of this section, is to provide for the creation of accessory dwelling units and junior accessory dwelling units consistent with Sections 65852.2 and 65852.22 of the Government Code, as amended from time to time. In any instance where there is conflict, state law shall govern.
(B) Definitions.
(1) Accessory dwelling unit/ADU has the same meaning as that stated in Government Code Section 65852.2 as that section may be amended from time to time. (2) Attached or Attached ADU means an ADU that shares at least one common wall with the primary dwelling unit.
(3) Converted ADU means an ADU that is constructed within all or a portion of the legally permitted existing interior space of an accessory structure or within all or a portion of the permitted existing interior space of a dwelling structure, including bedrooms, attached garages, and storage areas. (4) Detached or Detached ADU means an ADU that is physically separated from, but located on the same lot as, a primary dwelling unit.
(5) Existing. A structure is "existing" if it was legally constructed, and the construction has passed all required final inspections.
(6) Junior accessory dwelling unit/JADU is a unit no more than five hundred (500) square feet in size and contained entirely within a proposed or existing single-family dwelling or within the walls of a garage attached to an existing single-family dwelling. It shall include permanent provisions for living, sleeping, eating, and cooking. shall have same meaning as that stated in Government Code Section 65852.22(h)(1) as that section may be amended from time to time. (7) Public transit has the same meaning as that stated in Government Code Section 65852.2 as that section may be amended from time to time.
(8) Floor area of an accessory dwelling unit means, for the purpose of this chaptersection, the area of each floor level included within the walls enclosing each dwelling unit. The floor area shall be measured from the outside face of the walls enclosing each dwelling unit including all closet space and storage areas contained within the unit, including habitable basements and attics, but not including unenclosed porches, balconies, or any enclosed garages or carports. For purposes of calculating allowable floor area of accessory dwelling units based on a proportion of the size of the primary residence, only the livable floor area of the primary residence shall be counted.
The floor area of any other structures, for purposes of calculating total floor area, lot coverage, or other calculations, shall be calculated in the manner described in the relevant zoning regulations.
(C) Applicability and permissible use.
(1) Accessory dwelling units required by state law. Accessory dwelling unitsADUs required by state law are allowed on lots located within a residential or mixed-use zone as provided in Section 65852.2(e) of the Government Code, in compliance with all applicable provisions of subsection (E) of this section, development standards and requirements, except for those provisions which do not allow an accessory dwelling unitADU otherwise in compliance with Section 65852.2(e) of the Government Code. An accessory dwelling unitADU pursuant to Section 65852.2(e)(1)(B) of the Government Code shall be limited to a maximum floor area size of eight hundred (800) square feet and a maximum height of sixteen (16) feet. The combination of accessory dwelling unitADU categories set forth in Section 65852.2(e)(A) through (D) of the Government Code is prohibited. (2) Applications for accessory dwelling unitsADUs and junior accessory dwelling unitsJADUs shall be approved or denied reviewed within sixty (60) days from the date the city receives a complete application if there is an existing single-family or multifamily dwelling on the lot. If the application to create an accessory dwelling unitADU or a junior accessory dwelling unitJADU is submitted Reg CC Mtg, June 6, 2023, Page 234 of 244
Sec. 11-1.30.06. Accessory and junior accessory dwelling units. Attachment 2
with a permit application to create a new single-family dwelling or multifamily dwelling on the lot, the city may delay acting on the application for the accessory dwelling unitADU or the junior accessory dwelling unitJADU until the city acts on the permit application to create the new singlefamily dwelling or multifamily dwelling, but the application to create the accessory dwelling unitADU or junior accessory dwelling unitJADU shall be considered without discretionary review or hearing. If the applicant requests a delay, the sixty (60) day time period shall be tolled for the period of the delay.
(3) Approval of a permit for the creation of an accessory dwelling unitADU or junior accessory dwelling unitJADU shall not be conditioned on the correction of nonconforming zoning conditions, building code violations, or unpermitted structures on the subject property. However, this does not prevent the city from enforcing compliance with applicable building standards in accordance with California Health and Safety Code Section 17980.12. (4) For the purpose of this section, a structure with two (2) or more attached dwellings on a single lot is considered a multifamily dwelling structure. Multiple detached single-family dwellings on the same lot are not considered multifamily dwellings. A lot with multiple detached single-family dwellings is eligible for creation of one (1) accessory dwelling unitADU per lot by converting space within the proposed or existing space of a single-family dwelling or existing structure or new construction of a detached accessory dwelling unitADU.
(5) It is prohibited to convert existing floor area or construct an accessory dwelling unitADU without first obtaining approval and issuance of a building permit. Such permit shall be issued if it is determined that the accessory dwelling unitADU will conform to the provisions of this section. (6) Applicant shall pay all applicable development impact fees established by city council resolution.
Accessory dwelling unitADUs of less than seven hundred fifty (750) square feet in size shall be exempt from all impact fees. Accessory dwelling unitADUs of greater than 750 square feet in size shall be charged impact fees established by city council resolution. Such fees shall be charged proportionately in relation to the square footage of the primary dwelling unit. (D) State- exempt accessory dwelling units and junior accessory dwelling units. (1) Within a residential zone or the Mixed-Use Overlay District, All all development standards (including, but not limited to lot coverage, floor area ratio, required building separation, and open space) are reduced solely to the extent necessary to allow either one (1) of the following solely through building permit:
ba. One (1) ADU and one (1) JADU on a lot if all of the following apply:
1. Each unit is located either:
(i) Within the space of a proposed single-family dwelling; or (ii) Within the space of an existing single-family dwelling or accessory structure;
2. Each unit maintains exterior access that is independent of that for the primary singlefamily dwelling;
3. Each unit maintains side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes;
4. The JADU complies with the requirements of California Government Code Sec. 65852.22; and
5. Each unit may include an expansion of not more than one hundred fifty (150) square feet beyond the physical dimensions of the existing accessory structure; such expansion beyond the physical dimensions of the existing accessory structure is limited to accommodating ingress and egress.
ab. One (1) ADU and one (1) JADU Onper a lot if all of the following apply:
Reg CC Mtg, June 6, 2023, Page 235 of 244
Sec. 11-1.30.06. Accessory and junior accessory dwelling units. Attachment 2
1. The ADU is detached, new construction on a lot with a proposed or existing singlefamily dwelling;
2. , one attached or detached ADU thatThe ADU is eight hundred (800) square feet or less;
3. The , with a height of the ADU does not exceeding the applicable height limit in subsection (E)(2) of this section;sixteen (16) feet,
4. The ADU maintainswith setbacks of at least four (4) foot feet from the side and rear yards setbacks;
5. The ADU and complies with applicable front yard setbacks; and.
6. The JADU complies with subsection (D)(1)(a) of this section. c. On a lot with an existing or proposed multifamily dwelling, up to two (2) detached ADUs that are eight hundred (800) square feet or less and which have a height not exceeding the applicable height limit in subsection (E)(2)sixteen (16) feet, and which comply with setbacks of at least four (4) feet from the side and rear yards, and which comply with front yard setbacks, provided that, If the existing multifamily dwelling has a rear or side yard setback of less than four (4) feet, the city will not require any modification to the existing multifamily dwelling as a condition of approving the ADU. d. Converted on existing multifamily building. No more than twenty-five (25) percent of the number of the existing units, but at least one (1) unit, shall be permitted as ADUs constructed within the non-livable space and are shall be enclosed on at least three (3) sides (e.g., storage rooms, boiler rooms, attics, basements, or garages) of the existing multifamily dwelling structure provided that applicable building codes are met; fractions shall be rounded down to the next lower number of dwelling units, except that at least one (1) accessory dwelling unitADU shall be allowed.
(E) Development standards and requirements for Aaccessory dwelling units. shall comply with the following development standards and requirements:
(1) Number of units.
a. For lots with an existing or proposed single-family dwelling, one (1) accessory dwelling unitADU shall be allowed on a lot.
b. For lots with an existing or proposed multifamily residential dwelling structure
1. No more than twenty-five (25) percent of the number of the existing units, but at least one unit, shall be permitted as ADUs constructed within the non-livable space and are enclosed on at least three (3) sides (e.g., storage rooms, boiler rooms, attics, basements, or garages) of the existing multifamily dwelling structure provided that applicable building codes are met; Fractions shall be rounded down to the next lower number of dwelling units, except that at least one (1) accessory dwelling unitADU shall be allowed.
2. Up to two (2) accessory dwelling unitADUs shall be permitted as detached from the multifamily residential structure and may be attached or detached to each other. (2) Height.
a. Attached or dDetached ADUs on a lot with an existing or proposed single family or multifamily dwelling unit and complying with a four (4) feet side and four (4) feet rear setback shall not exceed one story and a height of sixteen (16) feet. b. On a lot that is within one-half of one (0.5) mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, detached ADUs complying with a four (4) foot side and four (4) foot rear setback shall not exceed a height of eighteen (18) feet. For such ADUs, an additional two Reg CC Mtg, June 6, 2023, Page 236 of 244
Sec. 11-1.30.06. Accessory and junior accessory dwelling units. Attachment 2
feet in height is allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
c. On a lot with an existing or proposed multifamily, multistory dwelling, detached ADUs complying with a four (4) foot side and four (4) foot rear setback shall not exceed a height of eighteen (18) feet.
d. A height of twenty-five (25) feet or the maximum height of the principal structure according to Section 11-1.30.02 of this Code, whichever is lower, is the height limit for an accessory dwelling unitADU that is attached to the principal dwelling. Pursuant to Section 11-1.70.11, residential lots south of Pacific Coast Highway shall obtain a height variation permit for an attached ADU over sixteen (16) feet in height measured from the natural grade. Converted area from the existing dwelling is exempt from this requirement. e. An attached or detached accessory dwelling unitADU complying with the setback requirements of the underlying zone shall not exceed sixteen (16) feet at one story and twenty-seven (27) feet at two (2) stories. ADUs shall not exceed two (2) stories. Pursuant to Section 11-1.70.11, residential lots south of Pacific Coast Highway shall obtain a height variation permit for an attached ADU over sixteen (16) feet in height measured from the natural grade. Converted area from the existing dwelling is exempt from this requirement. c. Properties located South of Pacific Coast Highway.
1. An accessory dwelling unit attached to the primary dwelling or a detached accessory dwelling unit shall not exceed sixteen (16) feet and shall not exceed one story.
Pursuant to Section 11-1.70.11 residential lots south of Pacific Coast Highway shall obtain a height variation permit for new structures or additions over sixteen (16) feet in height measured from the natural grade. Converted area from the existing dwelling is exempt from this requirement.
(3) Setbacks.
a. Front yard. Twenty (20) feet to a front property line.
1. Secondary front. Ten (10) feet to property line.
b. Side yard. Four (4) feet to a side property line.
c. Rear yard. Four (4) feet to a rear property line.
d. Building separation. Six (6) feet to the exterior wall of a dwelling, garage, or accessory structure located on the same lot.
e. Setbacks required by utility easements and recorded setbacks shall be maintained. No portion of an ADU shall be constructed on a public or private easement. Roof eaves may not be eliminated to meet this requirement.
f. No setback is required for an existing living area or existing accessory structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unitADU or to a portion of an accessory dwelling unitADU.
g. ADUs are not eligible for modifications to yard setbacks pursuant to Article 70. (4) Lot coverage. An accessory dwelling unitADU exceeding eight hundred (800) square feet shall comply with the lot coverage and floor area ratio of underlying zone requirements of Article 30. (5) Useable open space. Accessory dwelling unitADUs exceeding eight hundred (800) square feet shall provide, at a minimum, a continuous private recreation area of two hundred twenty-five (225) square feet with minimum interior dimensions of ten (10) feet. The private recreation shall be open and unobstructed from the ground to the sky and may be located within the interior, street side, or rear setback areas.
Reg CC Mtg, June 6, 2023, Page 237 of 244
Sec. 11-1.30.06. Accessory and junior accessory dwelling units. Attachment 2
(6) Floor area size.
a. Maximum floor area size for new construction units.
1. Attached accessory dwelling unitsADUs with zero (0) bedrooms or one (1) bedroom are subject to a maximum size of eight hundred fifty (850) square feet or fifty (50) percent of the size of the dwelling unit, whichever is less.
2. Attached accessory dwelling unitsADUs with two (2) or more bedrooms are subject to a maximum size of one thousand (1,000) square feet or fifty (50) percent of the size of the dwelling unit, whichever is less, and. Iin no event less than eight hundred (800) square feet.
3. Attached or detached ADUAccessory dwelling units located on lots with multifamily dwelling structures shall not exceed eight hundred (800) square feet each.
24. Detached accessory dwelling unitADUs with zero (0) bedrooms or one bedroom are subject to a maximum size of eight hundred fifty (850) square feet.
5. Detached ADUsThe maximum size of an accessory dwelling unit with two (2) or more bedrooms are subject to a maximum size of is one thousand (1,000) square feet.
Accessory dwelling units located on lots with multifamily dwelling structures shall not exceed eight hundred (800) square feet.
b. Minimum floor area size. An attached or detached accessory dwelling unitADU shall provide a minimum floor area no less than one hundred fifty (150) square feet. c. Converted floor area size. The conversion of an existing accessory structure or a portion of the existing primary dwelling to an accessory dwelling unitADU is not subject to the maximum floor area size requirement when no expansion or addition is proposed beyond the physical dimensions of the structure or dwelling other than an expansion of not more than one hundred fifty (150) square feet limited to accommodating ingress and egress for the purpose of an accessory dwelling unitADU; otherwise the converted floor area size shall be governed by the maximum floor area size requirement. d. An accessory dwelling unitADU shall not be subject to the accessory buildings and structures requirements of Section 11-1.30.05.
e. Accessory structures including, but not limited to garages and patios attached to accessory dwelling unitADUs shall comply with Section 11-1.30.05 - accessory buildings and structures.
(7) Floor area ratio. In general, the floor area ratio for all ADUs shall be subject to the floor area ratio requirements of Section 11-1.30.02. However, ADUs which are eight hundred (800) square feet or less are exempt from floor area ratio calculation.
(8) Density. For purposes of calculating allowable density under the General Plan and Zoning Code an accessory dwelling unitADU is an accessory use that does not count toward the allowable density for the lot.
(9) Parking and vehicular access.
a. One (1) parking space is required per accessory dwelling unitADU. b. Parking shall be located on the same lot containing the accessory dwelling unitADU and may be provided as tandem parking on a driveway. Parking shall conform to the requirements of Article 66 of this Code.
c. Parking for the accessory dwelling unitADU is waived pursuant to Section 65825.2(d)(1) through (5) of the Government Code.
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d. Replacement parking is not required if a garage or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unitADU or converted to an accessory dwelling unitADU.
(10) City and public utilities.
a. All ADUs must be connected to public utilities, or their private equivalent, including water, electric, and sewer services. For example, if required by the building standards code, dwelling units that are proposed to be installed on a property with only septic tanks are prohibited.
b. Except for ADUs created solely by converting an existing single-family dwelling or a singlefamily accessory structure, the city may require a separate utility connection. (11) Design standards applicable to new construction of ADUs exceeding eight hundred (800) square feet and ADUs converted from existing structures adding more than one hundred fifty (150) square feet.
a. Building architecture including roof type, roof pitch, exterior materials, finishes, and color shall match the primary dwelling.
b. Address numerals of all dwelling units shall be clearly visible from the street or displayed in a building directory.
c. ADUs shall have a main entrance separate from the primary dwelling and shall not have an interior connection to any other dwelling unit.
d. New entry door shall not open directly toward an alley. e. Replacement of the garage door shall include a new façade. The new façade shall include a minimum of one window or entryway.
f. Entryway shall include an exterior light fixture.
g. Tree preservation: Any plans for an addition or new construction shall identify the location of any mature trees onsite and provide protective measures to ensure preservation of mature trees. A mature tree is defined as any tree having a main trunk or stem measuring twenty-four (24) inches in diameter, or seventy-five (75) inches in circumference, measured at a height of four and one-half (4½) feet above ground level at the root crown. A removal includes moving a tree or removing more than one-third of a tree's vegetation. Sites without an existing mature tree must provide at least two (2) twenty-four (24) inch box trees within the front yard setback or open space area.
(12) Notice of construction.
a. At least thirty (30) business days before starting any construction of an accessory dwelling unit, the property owner shall give written notice to all the owners of record of each of the adjacent residential parcels, which notice shall include the following information:
1. Notice that construction has been authorized
2. The anticipated start and end dates for construction
3. The hours of construction
4. Contact information for the project manager (for construction-related complaints)
5. Contact information for building division.
b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. This notice requirement is purely to promote neighborhood awareness and expectation. (132) Owner-occupancy. Subject to the requirements of California Government Code Sec. 65852.2.
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a. Effective January 1, 2020, the owner-occupancy requirement is waived until January 1, 2025, as provided in state law. The owner-occupant requirement shall not be required for an accessory dwelling unit permitted between January 1, 2020, to December 31, 2024, during which time the owner-occupant requirement is waived as provided in state law.
However, if the lot is developed with both an accessory dwelling unit and a junior accessory dwelling unit, the junior accessory dwelling unit is subject to the owner-occupancy requirement.
(143) Covenant restriction. Prior to issuance of the building permit for an accessory dwelling unitADU, a covenant restriction, approved by the city attorney, shall be recorded with the Los Angeles County Recorder's Office, which shall include the pertinent restrictions and limitations of an accessory dwelling unitADU identified in this section. Said covenant restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the recorded covenant restriction shall be filed with the community development department as part of the building permit application. The recorded covenant restriction shall state that:
a. The accessory dwelling unitADU shall not be sold, or title transferred separate and apart from the remainder of the property, except as provided in Section 65852.26 of the Government Code; and
b. The accessory dwelling unitADU shall be restricted to the floor area and height allowed per the development standards at the time of building permit issuance; c. Any owner-occupancy requirement shall be consistent with California Government Code Sec. 65852.2. If the state allows the city to require owner-occupancy, the ADU shall be considered legal only so long as the owner resides at the property built with the ADU. d. The accessory dwelling unitADU shall not be operated as a short-term rental or rented for a period less than thirty (30) days; and
ed. The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with this provision may result in legal action against the property owner, including revocation of any right to maintain an accessory dwelling unitADU on the property.
(15) Illegal accessory dwelling unitADUs. This section shall not validate any existing illegal accessory dwelling unitADUs. Any conversions from illegal units to a conforming legal accessory dwelling unitADU shall be considered a new accessory dwelling unitADU subject to the provisions of this section.
a. Effective January 1, 2020, the property owner of a lot containing an accessory dwelling unitADU built before January 1, 2020, that receives a notice to correct a violation of building standards may submit an application to the community development department requesting that enforcement of the violation be delayed for up to five (5) years on the basis that correcting the violation is not necessary to protect health and safety as determined by the building official; provided, that all other violations not related to the accessory dwelling unitADU are corrected. This provision shall expire January 1, 2030, as provided in state law.
(F) Junior accessory dwelling units.
(1) Purpose. The purpose of this section, junior accessory dwelling units, is to provide for the creation of junior accessory dwelling units consistent with California Government Code Section 65852.22, as amended from time to time. In any instance where there is conflict, state law shall govern. (2) Definitions.
a. Junior accessory dwelling unit is a unit no more than five hundred (500) square feet in size and contained entirely within a proposed or existing single-family dwelling or within the walls of a garage attached to an existing single-family dwelling. It shall include permanent Reg CC Mtg, June 6, 2023, Page 240 of 244
Sec. 11-1.30.06. Accessory and junior accessory dwelling units. Attachment 2
provisions for living, sleeping, eating, and cooking. A junior accessory dwelling unit shall not be operated as a short-term rental or rented for a period less than thirty (30) days. (32) Applicability and permissible use.
a. One (1) JADU Junior accessory dwelling units areis allowed on lots that contain a proposed or existing single-family dwelling. Junior accessory dwelling units are not allowed on a lot with more than one residenceper residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot. b. Junior accessory dwelling units may be combined with an accessory dwelling unit on lots located within a residential or mixed-use zone with a proposed or existing single-family dwelling as provided in Section 65852.2(e) of the Government Code. c. Junior accessory dwelling unitJADUs are prohibited on lots that contain multiple detached single-family dwellings.
(43) Development standards and requirements. Junior accessory dwelling unitJADUs shall comply with the following development standards and requirements:
a. Number of units. One (1) junior accessory dwelling unitJADU shall be allowed on a lot. b. Owner-occupancy. The property owner shall reside on the lot. The owner may reside in the remaining portion of the single-family dwelling or the newly created junior accessory dwelling unitJADU.
c. A JADU shall not be operated as a short-term rental or rented for a period less than thirty (30) days.
cd. Covenant restriction. A covenant restriction shall be completed and recorded, as provided in subsection (13) of this section.
de. Location of junior accessory dwelling unitJADU. A junior accessory dwelling unitJADU shall be created within the walls of a proposed or existing single-family dwelling, or within the walls of a garage attached to an existing single-family dwelling. ef. Separate entry required. An exterior entrance is required for all junior accessory dwelling unitJADUs, independent of the exterior entrance for the single-family dwelling, and shall not open directly toward an alley.
fg. Kitchen requirements. The junior accessory dwelling unitJADU shall include an efficiency kitchen, which includes a cooking facility with appliances, a food preparation counter, and storage cabinets that are reasonable to size of the unit. gh. Common sanitation. Where a junior accessory dwelling unitJADU shares the bathroom facilities contained in the single-family dwelling, a direct unobstructed interior connection shall be provided at all times between the junior accessory dwelling unitJADU and the bathroom facilities, and the interior connection shall not require passage through a locked door (except for a privacy lock on the bathroom door) or passage outside of the gross floor area of the junior accessory dwelling unitJADU or single- family dwelling. (54) Design standards.
a. Building architecture, exterior materials, finishes and color shall match the primary dwelling.
b. Address numerals of all dwelling units shall be clearly visible from the street or displayed in a building directory.
c. JADUs shall have a main entrance separate from the primary dwelling. d. New entry door shall not open directly toward an alley.
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e. Replacement of the garage door shall include a new façade. The new façade shall include a minimum of one window or entryway.
f. Entryway shall include an exterior light fixture.
(65) Parking. No parking is required for the junior accessory dwelling unitJADU beyond the required parking for the proposed or existing single-family dwelling. However, replacement parking for the existing single-family dwelling is required when an attached garage or portion thereof is converted to a junior accessory dwelling unitJADU. Parking shall conform to the requirements of Article 66 of this Code.
(76) Setbacks and other zoning regulations. The junior accessory dwelling unitJADU shall be considered a part of the single-family dwelling and shall be subject to the same requirements of the underlying zoning district as required for the single-family dwelling. (87) Density. For purposes of calculating allowable density under the general plan and zoning code a junior accessory dwelling unitJADU is an accessory use that does not count toward the allowable density for the lot.
(98) Maximum floor area. A junior accessory dwelling unitJADU shall not exceed five hundred (500) square feet in floor area.
(109) Minimum floor area. A junior accessory dwelling unitJADU shall provide a minimum floor area no less than one hundred fifty (150) square feet.
(101) Utility service. For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unitJADU shall not be considered a separate or new dwelling unit. An inspection may be assessed to confirm the junior accessory dwelling unitJADU complies with development standards.
(112) Illegal junior accessory dwelling unitJADUs. This section shall not validate any existing illegal junior accessory dwelling unitJADUs. Any conversions from illegal units to a conforming legal junior accessory dwelling unitJADU shall be considered a new junior accessory dwelling unitJADU subject to the provisions of this section.
(123) Covenant restriction.
a. Prior to issuance of the building permit for a junior accessory dwelling unitJADU, a covenant restriction, approved by the city attorney, shall be recorded with the Los Angeles County Recorder's Office, which shall include the pertinent restrictions and limitations of a junior accessory dwelling unitJADU identified in this section. Said covenant restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the recorded covenant restriction shall be filed with the community development department as part of the building permit application. The recorded covenant restriction shall state that:
1. The junior accessory dwelling unitJADU shall not be sold separately from the singlefamily dwelling;
2. The junior accessory dwelling unitJADU shall be restricted to the maximum size allowed per the development standards;
3. The junior accessory dwelling unitJADU shall be considered legal only so long as either the single-family dwelling or the junior accessory dwelling unitJADU is occupied by the property owner;
4. The junior accessory dwelling unitJADU shall not be operated as a short-term rental or rented for periods less than thirty (30) days;
5. The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with this provision may result in legal action against the property Reg CC Mtg, June 6, 2023, Page 242 of 244
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owner, including revocation of any right to maintain a junior accessory dwelling unitJADU on the property.
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NOTICE OF EXEMPTION
Project Title: ZONE TEXT AMENDMENT NO. 2023-06
Project Description:
ZONE TEXT AMENDMENT NO. 2023-06, An amendment to Lomita Municipal Code Article 30 (Residential Zones) modifying the zoning code related to Accessory Dwelling Units, Junior Accessory Dwelling Units. Initiated by the City of Lomita.
Finding:
The City Council of the City of Lomita has reviewed the above proposed project and found it to be exempt from the provisions of the California Environmental Quality Act (CEQA).
Ministerial Project
Categorical Exemption
X Statutory Exemption
Emergency Project
Quick Disapproval [CEQA Guidelines, Section 15270]
No Possibility of Significant Effect [CEQA Guidelines, Section 15061(b)(3)] Supporting Reasons:
This proposed code amendment has been assessed in accordance with the California Public Resources Code (CPRC) 21080.17. The California Environmental Quality Act (CEQA) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Section 65852.2 of the Government Code, which is the code section for the State’s Accessory Dwelling Unit law.
Therefore, City Council has determined that there is no substantial evidence that the project may have a significant effect on the environment. (Date) Laura MacMorran
Associate Planner
Community & Economic Development
Department
Planning Division
24300 Narbonne Avenue
Lomita, CA 90717
310/325-7110
FAX 310/325-4024
Attachment No 4
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