development regulations intended to incentivize affordable and mixed-income housing development through regulatory inducements such as incentive zoning paired with objective development standards, or process incentives such as technical assistance in exchange for affordable housing no later than fall 2023.” Section 3. Environmental Review
The City Council finds and determines that the adoption of this Ordinance regarding Mixed Use Overlay standards of development in the Downtown Commercial Zone is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. Section 15061(b)(3) states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The Ordinance will not have a significant effect on the environment because only new standards consistent with the existing municipal code and State Law are provided and does not propose any physical construction.
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 11-1.15.03(C) of Title XI of the Lomita Municipal Code is amended to read as follows:
“Clear vision triangle shall mean an unoccupied triangular area located at the intersection of two vehicular passageways composed of either two streets, a street and an alley, a street and a driveway, or a driveway and a sidewalk. Two perpendicular triangle legs are measured from the corner intersection of property lines for a minimum distance of 10 feet each way along the lot line(s), or driveway based on the situation. The third leg of the triangle is a line joining the ends of the other two legs. Such triangular area shall remain clear of obstructions between three and 10 feet above grade.”
B. Section 11-1.58.06 of Title XI of the Lomita Municipal Code is amended to read as follows:
“Sec. 11-1.58.06. Standards of development
Premises within the mixed-use overlay zone shall be subject to the development standards prescribed in this section and those standards contained in part 6, "General Standards of Development."
Projects that are not considered mixed-use are subject to the underlying zoning regulations of its applicable zone.
September 5, 2023, Reg. CC Mtg., Page #510
Ordinance No. 856
(A) Mixed-Use Projects with Five (5) or More Residential Units (1) Minimum lot size. The minimum lot size for mixed-use developments shall be ten thousand (10,000) square feet.
(2) Yards. and sightlines.
(a) Front yard. None required.
(b) Side yard. None required, except that a building exceeding sixteen (16) feet in height on a lot or parcel in the mixed-use overlay zone which has a side lot line adjoining property in a residential zone shall have a side setback not less than ten (10) feet.
(c) Rear yard. None required, except that a building exceeding sixteen (16) feet in height on a lot or parcel in the mixed-use overlay zone which has a rear lot line adjoining property in a residential zone shall have a rear setback not less than ten (10) feet.
(d) Corner lots. To ensure adequate visibility for vehicles turning a corner, a clear vision triangle shall be created with ten (10) footlong perpendicular legs. (3) Minimum unit size.
Studio — Five hundred (500) square feet;
One bedroom —Seven hundred (700) square feet;
Two (2) bedrooms — Nine hundred (900) square feet;
Additional bedrooms — Two hundred (200) additional square feet per bedroom.
(4) Building height. No lot or parcel of land in the mixed-use overlay zone shall have a building or structure in excess of thirty-five (35) feet. (5) Percentage of nonresidential uses. Percentage of nonresidential uses for mixed-use projects shall be a minimum of thirty (30) percent. Mixed-use projects shall be consistent with the definition in Section 11-1.58.02. A deviation from this requirement may be granted subject to conditional use permit.
(6) Off-street parking and loading. For new mixed-use development, the commercial component shall have off-street parking and loading pursuant to Article 66, "Off-Street Parking, Storage and Loading." The parking ratio for the residential component of mixed-use projects is as follows.
Residential parking may be met by covered or open parking spaces.
Units between five hundred (500) and seven hundred (700) square feet — One space;
Units seven hundred one (701) square feet and greater — Two (2) spaces;
Guest parking — .25 spaces per unit.
September 5, 2023, Reg. CC Mtg., Page #511
Ordinance No. 856
(7) Ground floor building coverage. For visual interest at the pedestrian level, at least fifty (50) percent of the total ground floor building frontage of any new or reconstructed building facing the public street shall have the following: windows with clear glass, recessed entries, residential stoops, or recesses for outdoor dining areas. To calculate the total ground-floor frontage, use the length of the building frontage along the pedestrian realm times the first-floor height from floor to ceiling. (8) Open space.
(a) Recreation and open space shall be provided for each mixed-use project. The required minimum amount of open space for a mixeduse project is two hundred (200) square feet per unit. The minimum open space may be met through a combination of common and private open space. All required open space shall be useable. (b) A minimum of twenty-five (25) percent of all open space shall be planted area including trees, shrubs and gardens. Planters and planting containers may be counted toward this requirement. (c) Common open space shall require a minimum width of ten (10) feet and be a minimum of two hundred (200) square feet in area. (d) Projects that propose a public open space component as part of a mixed-use project may request a waiver from the open space requirement pursuant to Article 70 (Zoning Ordinance
Administration).
(9) Utilities. All new utilities shall be placed underground. (10) Satellite antennas. Satellite antennas when fully screened from the public right-of-way may be ground or roof mounted but may not exceed the height limit of buildings or structures in this zone.
(11) Walls.
(a) Each lot or parcel of land in the mixed-use overlay zone which has a side or rear lot line adjoining property in a residential zone shall have a solid masonry wall, not less than six (6) feet in height, established along said side and rear lot lines except as otherwise provided in section 11-1.66.08(1) and except where such adjoining property is used in conjunction with such commercial lot. (b) No wall shall be required if the building is located on a property line adjoining residential zones. However, windows shall not be located on the side of a commercial building which adjoins residential zones.
(B) Mixed-Use Projects with Four (4) or Less Residential Units in the Downtown, Commercial (D-C) Zone
September 5, 2023, Reg. CC Mtg., Page #512
Ordinance No. 856
(1) Definitions. For purposes of this subsection, the following definitions will apply:
(a) Concession shall mean a reduction in development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission. (b) Incentive shall mean a modification to development standards, of zoning code requirements or architectural design requirements. (2) Development standards.
(a) No minimum lot size.
(b) Yards and sightlines.
(i) Front yard. None required.
(ii) Side yard. None required, except that a building exceeding sixteen (16) feet in height on a lot or parcel in the mixed-use overlay zone which has a side lot line adjoining property in a residential zone shall have a side setback not less than ten (10) feet.
(iii) Rear yard. None required, except that a building exceeding sixteen (16) feet in height on a lot or parcel in the mixed-use overlay zone which has a rear lot line adjoining property in a residential zone shall have a rear setback not less than ten (10) feet.
(iv)Corner lots. To ensure adequate visibility for vehicles turning a corner, a clear vision triangle shall be created with ten (10) footlong perpendicular legs. (v) Exemption. Existing buildings converting existing floor area or up to one-hundred fifty (150) square feet for ingress/egress shall be exempt from setback and sightline requirements. (3) Further development standards.
(a) Maximum average unit size (no minimum size greater than CA Health & Safety Code Section 17958.1).
Studio — Five hundred fifty (550) square feet;
One (1) bedroom— Eight hundred (800) square feet;
Two (2) bedrooms— One thousand (1,000) square feet;
Additional bedrooms — Two hundred (200) additional square feet per bedroom.
(b) Building height. No lot or parcel of land in the mixed-use overlay zone shall have a building or structure in excess of thirty-five (35) September 5, 2023, Reg. CC Mtg., Page #513
Ordinance No. 856
feet. Existing buildings converting existing space shall be exempt from height requirements.
(c) Percentage of nonresidential uses. Percentage of nonresidential uses shall be a minimum of thirty (30) percent. Mixed-use projects shall be consistent with the definition in Section 11-1.58.02. A deviation from this requirement may be granted subject to conditional use permit.
(d) Off-street parking and loading. For new mixed-use development, the commercial component shall have off-street parking and loading pursuant to Article 66, "Off-Street Parking, Storage and Loading." The parking ratio for the residential component of mixeduse projects is as follows. Parking may be met by covered or open parking spaces, but not enclosed parking spaces.
Units between five hundred (500) and seven hundred (700) square feet — One space;
Units seven hundred one (701) square feet and greater — Two (2) spaces;
Guest parking — One (1) space total per project.
(e) Building ground floor
(i) Fronting Narbonne Avenue or Lomita Boulevard, only
nonresidential uses may be located on the ground floor, with the exception of ingress/egress for units located above the ground floor. Commercial ground floor area shall not be converted to residential ground floor area, with the exception of ingress/egress for units located above the ground floor. (ii) Building coverage. For visual interest at the pedestrian level, at least fifty (50) percent of the total ground floor building frontage of any new or reconstructed building facing the public street shall have the following: windows with clear glass, recessed entries, residential stoops, or recesses for outdoor dining areas.
To calculate the total ground-floor frontage, use the length of the building frontage along the pedestrian realm times the firstfloor height from floor to ceiling. (f) Open space.
(i) Recreation and open space shall be provided for each mixeduse project. The required minimum amount of open space for a mixed-use project is two hundred (200) square feet per unit.
The minimum open space may be met through a combination of common and private open space. All required open space shall be useable.
September 5, 2023, Reg. CC Mtg., Page #514
Ordinance No. 856
(ii) A minimum of twenty-five (25) percent of all open space shall be planted area including trees, shrubs and gardens. Planters and planting containers may be counted toward this
requirement.
(iii) Common open space shall require a minimum width of ten (10) feet and be a minimum of two hundred (200) square feet in area. (g) Utilities. All new utilities shall be placed underground. (h) Satellite antennas. Satellite antennas when fully screened from the public right-of-way may be ground or roof mounted but may not exceed the height limit of buildings or structures in this zone. (i) Walls.
(i) Each lot or parcel of land in the mixed-use overlay zone which has a side or rear lot line adjoining property in a residential zone shall have a solid masonry wall, not less than six (6) feet in height, established along said side and rear lot lines except as otherwise provided in section 11-1.66.08(1) and except where such adjoining property is used in conjunction with such commercial lot.
(ii) No wall shall be required if the building is located on a property line adjoining residential zones. However, windows shall not be located on the side of a commercial building which adjoins residential zones.
(4) Affordable residential unit(s).
(a) This subsection applies to any proposed mixed-use project with four (4) or less residential units, when an applicant proposes to reserve a portion of the units for lower income households. In exchange for reserving affordable residential units, the applicant shall be eligible to select incentives or concessions to relieve the project of either two or three requirements listed within subsection (B)(3), as follows:
(i) Two (2) incentives or concessions for projects that include one (1) unit for a lower income household.
(ii) Three (3) incentives or concessions for projects that include at least two (2) units for lower income households, or one unit for a very low income household.
(b) To be eligible for the incentives or concessions, the unit(s) shall be rented at an affordable rent for lower income or very low income as defined in Health and Safety Code Section 50053(b), and shall only be rented to either lower income households, as defined in California Health and Safety Code Section 50105, or very low income households, as defined in Health and Safety Code Section September 5, 2023, Reg. CC Mtg., Page #515
Ordinance No. 856
50079.5, for a minimum of thirty (30) years. Prior to the issuance of a building permit for any unit at the property or mixed-use project, the owner of the property shall execute and record on the property a deed restriction, in a form approved by the director and the city attorney, establishing legal restrictions consistent with this section. (c) The affordable unit(s) shall be comparable, both in size and quantity of bedrooms and bathrooms, to the largest market rate unit(s).
(d) For proposed projects that meet the eligibility requirements set forth in this subsection, the director of community development shall ministerially grant the incentives or concessions as part of the site plan review process.”
Section 5. Severability
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.
September 5, 2023, Reg. CC Mtg., Page #516
Ordinance No. 856
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. ________________________________
Barry Waite, Mayor
ATTEST:
_____________________________________
Kathleen Horn Gregory, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Trevor Rusin, City Attorney
September 5, 2023, Reg. CC Mtg., Page #517
Sec. 11-1.15.13(C)
Clear vision triangle shall mean an unoccupied triangular area located at the intersection of two vehicular passageways composed of either two streets, a street and an alley, a street and a driveway, or a driveway and a sidewalk. Two perpendicular triangle legs are measured from the corner intersection of property lines for a minimum distance of 10 feet each way along the lot line(s), or driveway based on the situation. The third leg of the triangle is a line joining the ends of the other two legs. Such triangular area shall remain clear of obstructions between three and 10 feet above grade.
Sec. 11-1.58.06. Standards of development
Premises within the mixed-use overlay zone shall be subject to the development standards prescribed in this section and those standards contained in part 6, "General Standards of Development".
Projects that are not considered mixed-use are subject to the underlying zoning regulations of its applicable zone.
(A) Mixed-Use Projects with Five (5) or More Residential Units (a1) Minimum lot size. 1.The minimum lot size for mixed-use developments shall be ten thousand (10,000) square feet.
(b2) Yards. and sightlines.
1.(a) Front yard. None required.
2.(b) Side yard. None required, except that a building exceeding sixteen (16) feet in height on a lot or parcel in the mixed-use overlay zone which has a side lot line adjoining property in a residential zone shall have a side setback not less than ten (10) feet.
3.(c) Rear yard. None required, except that a building exceeding sixteen (16) feet in height on a lot or parcel in the mixed-use overlay zone which has a rear lot line adjoining property in a residential zone shall have a rear setback not less than ten (10) feet.
4.(d) Corner lots. On corner lots, setbacks, building and wall heights shall be reviewed on a case-by-case basis To ensure adequate visibility for vehicles entering and existing [exiting] the site.turning a corner, a clear vision triangle shall be created with ten (10) foot-long perpendicular legs.
(c3) Minimum unit size.
Studio — Five hundred (500) square feet;
One bedroom —Seven hundred (700) square feet;
Two (2) bedrooms — Nine hundred (900) square feet;
Additional bedrooms — Two hundred (200) additional square feet per bedroom.
Attachment 2
September 5, 2023, Reg. CC Mtg., Page #518
(d4) Building height. No lot or parcel of land in the mixed-use overlay zone shall have a building or structure in excess of thirty-five (35) feet. Height limits in excess of these limits may be considered by the Planning Commission subject to a conditional use permit.
(e5) Percentage of nonresidential uses. Percentage of nonresidential uses for mixed-use projects shall be a minimum of thirty (30) percent. Mixed-use projects shall be consistent with the definition in Section 11-1.58.02. A deviation from this requirement may be granted subject to conditional use permit.
(f6) Off-street parking and loading. For new mixed-use development, the commercial component shall have off-street parking and loading pursuant to Article 66, "Off-Street Parking, Storage and Loading." The parking ratio for the residential component of mixed-use projects is as follows.
Residential parking may be met by covered or open parking spaces.
Units between five hundred (500) and seven hundred (700) square feet — One space;
Units seven hundred one (701) square feet and greater — Two (2) spaces; Guest parking — .25 spaces per unit.
Residential parking may be met by covered or open parking spaces. Shared parking is encouraged with new mixed-use projects and shall be allowed pursuant to the approval of a minor conditional use permit. (g7) Ground floor building coverage. For visual interest at the pedestrian level, at least fifty (50) percent of the total ground floor building frontage of any new or reconstructed building facing the public street shall have the following: windows with clear glass, recessed entries, residential stoops, or recesses for outdoor dining areas. To calculate the total ground-floor frontage, use the length of the building frontage along the pedestrian realm times the first floor height from floor to ceiling.
(h8) Open space.
1.(a) Recreation and open space shall be provided for each mixed-use project. The required minimum amount of open space for a mixeduse project is two hundred (200) square feet per unit. The minimum open space may be met through a combination of common and private open space. All required open space shall be useable.
2.(b) A minimum of twenty-five (25) percent of all open space shall be planted area including trees, shrubs and gardens. Planters and planting containers may be counted toward this requirement.
3.(c) Common open space shall require a minimum width of ten (10) feet and be a minimum of two hundred (200) square feet in area.
4.(d) Projects that propose a public open space component as part of a mixed-use project may request a waiver from the open space September 5, 2023, Reg. CC Mtg., Page #519
requirement pursuant to Article 70 (Zoning Ordinance
Administration).
(i9) Utilities. All new utilities shall be placed underground. (j10) [Satellite antennas.] Satellite antennas when fully screened from the public right-of-way may be ground or roof mounted but may not exceed the height limit of buildings or structures in this zone.
(k11) Walls.
(a) Each lot or parcel of land in the mixed-use overlay zone which has a side or rear lot line adjoining property in a residential zone shall have a solid masonry wall, not less than six (6) feet in height, established along said side and rear lot lines except as otherwise provided in section 11-
1.66.08(1) and except where such adjoining property is used in conjunction with such commercial lot.
(b) No wall shall be required if the building is located on a property line adjoining residential zones. However, windows shall not be located on the side of a commercial building which adjoins residential zones. (l) Deviations from standards. Deviations from mixed-use development standards may be considered through the conditional use permit process. (B) Mixed-Use Projects with Four (4) or Less Residential Units in the Downtown, Commercial (D-C) Zone
(1) Definitions. For purposes of this subsection, the following definitions will apply:
(a) Concession shall mean a reduction in development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission.
(b) Incentive shall mean a modification to development standards, of zoning code requirements or architectural design requirements. (2) Development standards.
(a) No minimum lot size.
(b) Yards and sightlines.
(i) Front yard. None required.
(ii) Side yard. None required, except that a building exceeding sixteen (16) feet in height on a lot or parcel in the mixed-use overlay zone which has a side lot line adjoining property in a residential zone shall have a side setback not less than ten (10) feet.
(iii) Rear yard. None required, except that a building exceeding sixteen (16) feet in height on a lot or parcel in the mixed-use overlay zone which has a rear lot line adjoining property in a residential zone shall have a rear setback not less than ten (10) feet.
September 5, 2023, Reg. CC Mtg., Page #520
(iv)Corner lots. To ensure adequate visibility for vehicles turning a corner, a clear vision triangle shall be created with ten (10) foot-long perpendicular legs.
(v) Existing buildings converting existing floor area or up to one-hundred fifty (150) square feet for ingress/egress shall be exempt from setback and sightline requirements.
(3) Further development standards.
(a) Maximum average unit size (no minimum size).
Studio — Five hundred fifty (550) square feet;
One (1) bedroom— Eight hundred (800) square feet;
Two (2) bedrooms— One thousand (1,000) square feet;
Additional bedrooms — Two hundred (200) additional square feet per bedroom.
(b) Building height. No lot or parcel of land in the mixed-use overlay zone shall have a building or structure in excess of thirty-five (35) feet. Existing buildings converting existing space shall be exempt from height requirements.
(c) Percentage of nonresidential uses. Percentage of nonresidential uses shall be a minimum of thirty (30) percent. Mixed-use projects shall be consistent with the definition in Section 11-1.58.02. A deviation from this requirement may be granted subject to conditional use permit.
(d) Off-street parking and loading. For new mixed-use development, the commercial component shall have off-street parking and loading pursuant to Article 66, "Off-Street Parking, Storage and Loading." The parking ratio for the residential component of mixed-use projects is as follows. Parking may be met by covered or open parking spaces, but not enclosed parking spaces.
Units between five hundred (500) and seven hundred (700) square feet — One space;
Units seven hundred one (701) square feet and greater — Two (2) spaces; Guest parking — One (1) space total per project.
(e) Building ground floor.
(i) Fronting Narbonne Avenue or Lomita Boulevard, only nonresidential uses may be located on the ground floor, with the exception of ingress/egress for units located above the ground floor. Commercial ground floor area shall not be converted to residential ground floor area, with the exception of ingress/egress for units located above the ground floor.
(ii) Building coverage. For visual interest at the pedestrian level, at least fifty (50) percent of the total ground floor building frontage of any new or September 5, 2023, Reg. CC Mtg., Page #521
reconstructed building facing the public street shall have the following:
windows with clear glass, recessed entries, residential stoops, or recesses for outdoor dining areas. To calculate the total ground-floor frontage, use the length of the building frontage along the pedestrian realm times the first-floor height from floor to ceiling. (f) Open space.
(i) Recreation and open space shall be provided for each mixed-use project. The required minimum amount of open space for a mixed-use project is two hundred (200) square feet per unit. The minimum open space may be met through a combination of common and private open space. All required open space shall be useable.
(ii) A minimum of twenty-five (25) percent of all open space shall be planted area including trees, shrubs and gardens. Planters and planting containers may be counted toward this requirement.
(iii) Common open space shall require a minimum width of ten (10) feet and be a minimum of two hundred (200) square feet in area.
(g) Utilities. All new utilities shall be placed underground. (h) Satellite antennas. Satellite antennas when fully screened from the public right-of-way may be ground or roof mounted but may not exceed the height limit of buildings or structures in this zone.
(i) Walls.
(i) Each lot or parcel of land in the mixed-use overlay zone which has a side or rear lot line adjoining property in a residential zone shall have a solid masonry wall, not less than six (6) feet in height, established along said side and rear lot lines except as otherwise provided in section 11-
1.66.08(1) and except where such adjoining property is used in conjunction with such commercial lot.
(ii) No wall shall be required if the building is located on a property line adjoining residential zones. However, windows shall not be located on the side of a commercial building which adjoins residential zones. (4) Affordable residential unit(s).
(a) This subsection applies to any proposed mixed-use project with four (4) or less residential units, when an applicant proposes to reserve a portion of the units for lower income households. In exchange for reserving affordable residential units, the applicant shall be eligible to select incentives or concessions to relieve the project of either two or three requirements listed within subsection (B)(3), as follows:
(i) Two (2) incentives or concessions for projects that include one (1) unit for a lower income household.
September 5, 2023, Reg. CC Mtg., Page #522
(ii) Three (3) incentives or concessions for projects that include at least two (2) units for lower income households, or one unit for a very low income household.
(b) The unit(s) shall be rented at an affordable rent for lower income or very low income as defined in Health and Safety Code Section 50053(b), and shall only be rented to either lower income households, as defined in California Health and Safety Code Section 50105, or very low income households, as defined in Health and Safety Code Section 50079.5, for a minimum of thirty (30) years. Prior to the issuance of a building permit for any unit at the property or mixed-use project, the owner of the property shall execute and record on the property a deed restriction, in a form approved by the director and the city attorney, establishing legal restrictions consistent with this section.
(c) To be eligible for the incentives or concessions, the affordable unit(s) shall be comparable, both in size and quantity of bedrooms and bathrooms, to the largest market rate unit(s).
(d) For proposed projects that meet the eligibility requirements set forth in this subsection, the director of community development shall ministerially grant the incentives or concessions as part of the site plan review process.
September 5, 2023, Reg. CC Mtg., Page #523
1 TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Lina Hernandez, Senior Management Analyst
MEETING DATE: September 5, 2023
SUBJECT: Discussion and Consideration of an Ordinance Amending Lomita Municipal Code Title V (Sanitation and Health), Chapter 3 (Integrated Waste Management), Section 5-3.20(e), Permitting the Collection of Delinquent Solid Waste Rates on the Property Tax Rolls
RECOMMENDATION
After conducting a public hearing, and after the City Attorney reads the title, that the City Council introduces on first reading an ordinance amending Title V (Sanitation and Health), Chapter 3 (Integrated Waste Management), Section 5-3.20(e) of the Lomita Municipal Code, permitting the collection of delinquent solid waste rates on the property tax rolls, and make a determination that the project is categorically exempt from the California Environmental Quality Act (CEQA).
BACKGROUND/ANALYSIS
Included with the September 5, 2023, City Council agenda is an item for the City Council’s consideration to amend the solid waste agreement with Arakelian Enterprises, Inc. (DBA Athens Services). As part of the negotiations with Athens Services, it was proposed to establish by separate ordinance (attached to this staff report) a process to assess nonpayment on tax rolls.
Currently the Lomita Municipal Code states that “if solid waste, recycling, and organic waste services fees and charges (and any applicable interest or penalties) are not paid within thirty (30) days of the date payment was due, solid waste, recyclables, and organic waste service may be discontinued and collection of the unpaid amount may be undertaken by any lawful means available to the city or to a solid waste enterprise providing solid waste, recyclable, and organic waste service shall refund any advance collection fees.”
Item No. PH 9b
CITY OF LOMITA
CITY COUNCIL REPORT
September 5, 2023, Reg. CC Mtg., Page #524
2 The attached proposed ordinance extends the time period of non-payment from 30 days to 60 days and stipulates that delinquent accounts may be placed on the property tax rolls for collection as set forth in Government Code section 38790.1 or other applicable law, as is common with many jurisdictions. In addition, Athens Services will be permitted to take action as is legally available to collect past due amounts from single-family or multi-family customers with cart collection service, including removing recycling carts and organic waste carts, and reducing the customer to the smallest size refuse cart. Athens may only discontinue service if doing so does not pose a health hazard and if Athens notifies the city at least five days in advance when a container will be removed, and the city will have the ability to disapprove discontinuance of service if, in the sole discretion of city, such discontinuance may pose a health hazard.
In summary, adoption of the ordinance would allow the city to request that the Los Angeles County Tax Assessor place delinquent 60-day past due amounts on property tax rolls for collection along with the property taxes.
OPTIONS
1) Approve the first reading of the ordinance.
2) Do not approve the first reading of the ordinance.
3) Provide staff alternate direction.
FISCAL IMPACT
None. The City of Lomita would place delinquent past due amounts on the property tax rolls on a periodic basis. Any amounts received would be remitted to Athens Services after subtracting the city’s reasonable administrative costs.
ATTACHMENT
1) Draft Ordinance
2) Public Hearing Notice
Reviewed by: Approved by:
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Prepared by:
_______________________
Lina Hernandez
Senior Management Analyst
September 5, 2023, Reg. CC Mtg., Page #525
ORDINANCE NO. 857
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMITA,
CALIFORNIA, AMENDING LOMITA MUNICIPAL CODE TITLE V
(SANITATION AND HEALTH), CHAPTER 3 (INTEGRATED WASTE
MANAGEMENT), SECTION 5-3.20(e), PERMITTING THE COLLECTION
OF DELINQUENT SOLID WASTE RATES ON THE PROPERTY TAX
ROLLS, AND A DETERMINATION THAT THE PROJECT IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
THE CITY COUNCIL OF THE CITY OF LOMITA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Environmental Review. Pursuant to Section 15061(b)(3) of the California Code of Regulations, this project is exempt from California Environmental Quality Act (CEQA) regulations. In accordance with Section 15061(b)(3) of the CEQA Guidelines, adoption of this ordinance is exempt in that it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment.
Section 2. Subsection (e) of Section 5-3.20 of the Lomita Municipal Code is hereby amended to read as follows:
Sec. 5-3.20. - Fees, franchises permits and licenses.
***
(e) Liability for fees.
(1) Each person required by this chapter to arrange for solid waste, recyclables, and organic waste collection shall be liable for the fees and charges for such collection.
(2) To protect public health, safety and well-being and to control the spread of vectors, the person responsible for day-to-day operation of each premises in the city shall make arrangements for collection, recycling and disposal of solid wastes, recyclables, and organic waste generated or accumulated on those premises in accordance with the requirements of this chapter. The fees and charges (plus any interest or penalties) shall be due and payable on the date stated on the bill. The person(s) responsible for day-to-day operation of each premises in the city at which solid waste, recyclables, and organic waste subject to this chapter is generated or accumulated shall be liable for the payment of all charges (plus any interest or penalties) for solid waste, recyclables, and organic waste services, including any recycling charges. (3) If solid waste, recycling, and organic waste service fees and charges (and any applicable interest or penalties) are not paid within sixty (60) days of the date payment was due, the delinquencies may be placed on the property tax rolls for collection as set forth in Government Code section 38790.1 or other Attachment No. 1
September 5, 2023, Reg. CC Mtg., Page #526
Ordinance No. 857
applicable law. Such authority shall be in addition to other available collection remedies provided by law.
(4) Upon receipt of written notice from the person responsible for day-to-day operation of a premises in the city to discontinue solid waste, recyclables, and organic waste collection services because the person in charge of day-to-day operations has obtained a self-haul permit in accordance with section 5-3.60 of this chapter, or because the premises are vacant, the solid waste enterprise providing solid waste, recyclable, and organic waste service shall refund any advance collection fees.
***
Section 3. Effective Date. This ordinance shall take effect thirty (30) days after the date of its passage and adoption; and within fifteen (15) days after its passage and adoption, 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. ____________________________
Barry M. Waite
ATTEST: Mayor
Kathleen Horn Gregory, City Clerk
APPROVED AS TO FORM:
Trevor Rusin, City Attorney
September 5, 2023, Reg. CC Mtg., Page #527
City of Lomita
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Lomita City Council will hold a public hearing at 6:00 p.m. on Tuesday, September 5, 2023, to consider the following:
AN AMENDMENT TO LOMITA MUNICIPAL CODE TITLE V (SANITATION AND HEALTH), CHAPTER 3 (INTEGRATED WASTE MANAGEMENT), SECTION 5-3.20(e), PERMITTING THE
COLLECTION OF DELINQUENT SOLID WASTE RATES ON THE PROPERTY TAX ROLLS,
AND A DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The public hearing will take place in the Council Chambers at Lomita City Hall, 24300 Narbonne Avenue, Lomita, CA 90717. At the public hearing you may appear and be heard, or you may write to the City Council in support of or in opposition to these matters.
For more information, please contact the City Manager’s Office between the hours of 7:30 a.m. and 5:30 p.m., Monday through Thursday and 8:00 a.m. to 5:00 p.m. on alternating Fridays at (310) 325-7110, ext. 107 or via email at [email protected].
Linda Abbott, Deputy City Clerk
Dated: August 25, 2023
Attachment No. 2
September 5, 2023, Reg. CC Mtg., Page #528