Item 9b — Lomita City Council, June 6, 2023

1 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• Replaces the out-of-date height requirements with the current State height requirements;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
2 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 3 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 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
Ordinance No. 854

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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′
Ordinance No. 854

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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′
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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.

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(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 Ordinance No. 854

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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.

Ordinance No. 854

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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 Ordinance No. 854

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(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
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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.

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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
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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 Ordinance No. 854

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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 Ordinance No. 854

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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.

Ordinance No. 854

Page 14 of 15 ends

(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.

Ordinance No. 854

Page 15 of 15 ends

________________________________
Barry Waite, Mayor
ATTEST:
_____________________________________
Kathleen Horn Gregory, MMC, City Clerk
Approved as to Form:
_________________________
Trevor Rusin, City Attorney
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
Resolution No. 2023-13

Page 2 ends

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.

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

Page 1 of 10 ends

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:

Page 2 of 10 ends

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

Page 3 of 10 ends

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.

Page 4 of 10 ends

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.

Page 5 of 10 ends

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.

Page 6 of 10 ends

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

Page 7 of 10 ends

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.

Page 8 of 10 ends

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

Page 9 of 10 ends

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.

Page 10 of 10 ends

1 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
2 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 3 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.
4 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 Sec. 11-1.30.06. Accessory and junior accessory dwelling units. Attachment 2

Page 1 of 10 ends

(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 Sec. 11-1.30.06. Accessory and junior accessory dwelling units. Attachment 2

Page 2 of 10 ends

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:

Sec. 11-1.30.06. Accessory and junior accessory dwelling units. Attachment 2

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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

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 Sec. 11-1.30.06. Accessory and junior accessory dwelling units. Attachment 2

Page 4 of 10 ends

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.

Sec. 11-1.30.06. Accessory and junior accessory dwelling units. Attachment 2

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(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.

Sec. 11-1.30.06. Accessory and junior accessory dwelling units. Attachment 2

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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.

Sec. 11-1.30.06. Accessory and junior accessory dwelling units. Attachment 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 Sec. 11-1.30.06. Accessory and junior accessory dwelling units. Attachment 2

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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.

Sec. 11-1.30.06. Accessory and junior accessory dwelling units. Attachment 2

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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 Sec. 11-1.30.06. Accessory and junior accessory dwelling units. Attachment 2

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owner, including revocation of any right to maintain a junior accessory dwelling unitJADU on the property.

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

Lomita City CouncilJune 6, 2023

Lomita City Council
June 6, 2023