1 TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Laura MacMorran, Associate Planner
MEETING DATE: June 20, 2023
SUBJECT: Second Reading and Adoption of Ordinance No. 854 for Zoning Text Amendment No. 2023-06, Amending Lomita Municipal Code Title XI (Planning and Zoning) Modifying Accessory Dwelling Unit (ADU) Regulations, and Finding the Action to be Exempt from the California Environmental Quality Act
RECOMMENDATION
Adopt ordinance.
BACKGROUND
On June 6, 2023, the City Council introduced on first reading an ordinance amending various sections of Lomita Municipal Code Title XI (Planning and Zoning) pertaining to accessory dwelling units (ADUs), and to find the project statutorily exempt from the California Environmental Quality Act. This agenda item is to approve the second reading and adoption of the ordinance.
OPTIONS:
1. Approve the attached ordinance.
2. Do not approve the ordinance.
3. Provide staff with further direction.
FISCAL IMPACT
None.
ATTACHMENTS
1. Ordinance No. 854
Item No. 7i
CITY OF LOMITA
CITY COUNCIL REPORT
2 Reviewed by: Approved by:
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Reviewed by: Prepared by:
________________ ________________ ___
Brianna Rindge Laura MacMorran
Community & Economic Development Director Associate Planner Attachment 1
ORDINANCE NO. 854
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMITA
AMENDING LOMITA MUNICIPAL CODE TITLE XI (PLANNING AND
ZONING), CHAPTER 1 (ZONING), REVISING THE CITY’S
REGULATIONS FOR ACCESSORY DWELLING UNITS AND A
DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
THE CITY COUNCIL OF THE CITY OF LOMITA HEREBY ORDAINS AS FOLLOWS:
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 approval.
F. On June 6, 2023, City Council held a duly noticed public hearing to consider the proposed text amendment regarding Accessory Dwelling Units.
Section 2. General Plan
This Ordinance’s amendments to Title XI of the Lomita Municipal Code are consistent with, and in furtherance of, the City’s adopted General Plan as they effectuate the following Policies of the General Plan:
A. 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 No. 854
ordinance is consistent with state law and incentivizes better design by allowing an accessory dwelling unit to have the same height as the principal dwelling unit when meeting the zoning district’s principal dwelling unit setbacks.
B. Goal 2’s Policy 2.2 commits the City to modify ordinances intended to address a variety of housing types, and Goal 4’s Policy 4.4 commits the City to expand opportunities for housing access for those with special housing needs. Accessory dwelling units that exceed 800 square feet or are converted from existing structures adding more than 150 square feet shall design specific building components to accommodate a wheelchair.
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 and 65852.22 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 Recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.
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 11-1.30.06 (“Accessory and junior accessory dwelling units”) of Article 30 (“Residential Zones”) of Chapter 1 (“Zoning”) of Title XI of the Lomita Municipal Code is hereby amended in its entirety to read as follows:
“Section 11-1.30.06. - Accessory and junior accessory dwelling units. (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.
Ordinance No. 854
(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. (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 section, 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. ADUs 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 ADU otherwise in compliance with Ordinance No. 854
Section 65852.2(e) of the Government Code. An ADU 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. The combination of ADU categories set forth in Section 65852.2(e)(A) through (D) of the Government Code is prohibited.
(2) Applications for ADUs and JADUs shall be approved or denied 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 ADU or a JADU 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 ADU or the JADU until the city acts on the permit application to create the new single-family dwelling or multifamily dwelling, but the application to create the ADU or JADU 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 ADU or JADU 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) ADU per lot by converting space within the proposed or existing space of a singlefamily dwelling or existing structure or new construction of a detached ADU.
(5) It is prohibited to convert existing floor area or construct an ADU without first obtaining approval and issuance of a building permit. Such permit shall be issued if it is determined that the ADU will conform to the provisions of this section.
(6) ADUs of less than seven hundred fifty (750) square feet in size shall be exempt from all impact fees. ADUs 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 development standards (including, but not limited to lot coverage, floor area ratio, required building separation, and open space) are reduced Ordinance No. 854
solely to the extent necessary to allow one (1) of the following solely through building permit:
a. 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 single-family 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.
b. One (1) ADU and one (1) JADU per lot if all of the following apply:
1. The ADU is detached, new construction on a lot with a proposed or existing single-family dwelling;
2. The ADU is eight hundred (800) square feet or less;
3. The height of the ADU does not exceed the applicable height limit in subsection (E)(2) of this section;
4. The ADU maintains at least four (4) feoot side and rear yard setbacks;
5. The ADU 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), 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.
Ordinance No. 854
d. Converted on existing multifamily building. No more than twentyfive (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 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) ADU shall be allowed.
(E) Development standards and requirements for accessory dwelling units. (1) Number of units.
a. For lots with an existing or proposed single-family dwelling, one (1) ADU shall be allowed on a lot.
b. For lots with an existing or proposed multifamily residential dwelling structure
1. No more than twenty-five (25) percent of the number of the existing units, but at least one unit, shall be permitted as ADUs constructed within the non-livable space and are enclosed on at least three (3) sides (e.g., storage rooms, boiler rooms, attics, basements, or garages) of the existing multifamily dwelling structure provided that applicable building codes are met; Fractions shall be rounded down to the next lower
number of dwelling units, except that at least one (1) ADU shall be allowed.
2. Up to two (2) ADUs shall be permitted as detached from the multifamily residential structure and may be attached or detached to each other.
(2) Height.
a. Detached 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 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 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 Ordinance No. 854
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 ADU 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 ADU 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. (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 ADU or to a portion of an ADU.
g. ADUs are not eligible for modifications to yard setbacks pursuant to Article 70.
(4) Lot coverage. An ADU 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. ADUs exceeding eight hundred (800) square feet shall provide, at a minimum, a continuous private recreation area Ordinance No. 854
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.
(6) Floor area size.
a. Maximum floor area size for new construction units.
1. Attached ADUs 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 ADUs 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 in no event less than eight hundred (800) square feet.
3. Attached or detached ADUs located on lots with multifamily dwelling structures shall not exceed eight hundred (800) square feet each.
4. Detached ADUs with zero (0) bedrooms or one bedroom are subject to a maximum size of eight hundred fifty (850) square feet.
5. Detached ADUs with two (2) or more bedrooms are subject to a maximum size of one thousand (1,000) square feet.
b. Minimum floor area size. An attached or detached ADU 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 ADU 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 ADU; otherwise the converted floor area size shall be governed by the maximum floor area size requirement.
d. An ADU 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 ADUs 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.
Ordinance No. 854
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 ADU 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 ADU.
b. Parking shall be located on the same lot containing the ADU 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 ADU 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 ADU or converted to an ADU.
(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 singlefamily dwelling or a single-family 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.
Ordinance No. 854
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) Owner-occupancy. Subject to the requirements of California Government Code Sec. 65852.2.
(13) Covenant restriction. Prior to issuance of the building permit for an ADU, 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 ADU 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 ADU 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 ADU 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 ADU shall not be operated as a short-term rental or rented for a period less than thirty (30) days; and
e. 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 ADU on the property.
Ordinance No. 854
(15) Illegal ADUs. This section shall not validate any existing illegal ADUs.
Any conversions from illegal units to a conforming legal ADU shall be considered a new ADU subject to the provisions of this section. a. Effective January 1, 2020, the property owner of a lot containing an ADU 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 ADU 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) Applicability and permissible use.
a. One (1) JADU is allowed per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot.
b.
c. JADUs are prohibited on lots that contain multiple detached single-family dwellings.
(3) Development standards and requirements. JADUs shall comply with the following development standards and requirements:
a. Number of units. One (1) JADU 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 singlefamily dwelling or the newly created JADU. c. A JADU shall not be operated as a short-term rental or rented for a period less than thirty (30) days.
d. Covenant restriction. A covenant restriction shall be completed and recorded, as provided in subsection (13) of this section. e. Location of JADU. A JADU 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.
Ordinance No. 854
f. Separate entry required. An exterior entrance is required for all JADUs, independent of the exterior entrance for the single-family dwelling, and shall not open directly toward an alley.
g. Kitchen requirements. The JADU 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.
h. Common sanitation. Where a JADU shares the bathroom
facilities contained in the single-family dwelling, a direct unobstructed interior connection shall be provided at all times between the JADU 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 JADU or single-family dwelling.
(4) 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.
(5) Parking. No parking is required for the JADU 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 JADU.
Parking shall conform to the requirements of Article 66 of this Code. (6) Setbacks and other zoning regulations. The JADU 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.
(7) Density. For purposes of calculating allowable density under the general plan and zoning code a JADU is an accessory use that does not count toward the allowable density for the lot.
(8) Maximum floor area. A JADU shall not exceed five hundred (500) square feet in floor area.
Ordinance No. 854
(9) Minimum floor area. A JADU shall provide a minimum floor area no less than one hundred fifty (150) square feet.
(10) Utility service. For purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit. An inspection may be assessed to confirm the JADU complies with development standards.
(11) Illegal JADUs. This section shall not validate any existing illegal JADUs. Any conversions from illegal units to a conforming legal JADU shall be considered a new JADU subject to the provisions of this section.
(12) Covenant restriction.
a. Prior to issuance of the building permit for a JADU, 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 JADU 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 JADU shall not be sold separately from the single-family dwelling;
2. The JADU shall be restricted to the maximum size allowed per the development standards;
3. The JADU shall be considered legal only so long as either the single-family dwelling or the JADU is occupied by the property owner;
4. The JADU 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 JADU 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 Ordinance No. 854
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.
____________________________
Barry Waite, Mayor
PASSED, APPROVED, AND ADOPTED this
ATTEST:
____________________________
Kathleen Horn Gregory, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Trevor Rusin, City Attorney
6th day of June 2023.