1 TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Laura MacMorran, Associate Planner
MEETING DATE: September 5, 2023
SUBJECT: Discussion and Consideration of Zoning Text Amendment No. 2023-07 Amending Lomita Municipal Code Title XI (Planning and Zoning) to Create Mixed-Use Overlay District Regulations for Four or Fewer Residential Unit Developments Within the Downtown, Commercial (D-C) Zone within the Mixed-Use Overlay District
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 Article 58 (Mixed Use Overlay District) to update regulations, remove the minimum lot size requirement for four-or-fewer-residential-unit developments within the D-C (Downtown, Commercial) Zone within the Mixed-Use Overlay District, and Article 15 (Definitions); find the project is categorically exempt from the California Environmental Quality Act (CEQA); and direct staff to schedule the second reading and adoption of the ordinance.
PLANNING COMMISSION RECOMMENDATION
On August 14th, after continuing July 10th’s public hearing, the Planning Commission voted unanimously (6-0) to recommend the adoption of the draft ordinance (Attachment 1; redline version provided as Attachment 2).
BACKGROUND
At the July 25, 2023, public workshop for the City’s General Plan Update, attended by approximately 50 Lomita residents and/or workers, the group discussed the topic of “Land Use & Design” within Lomita. The public was invited to place stickers on their own map denoting where in the city they’d like to see certain land uses change or continue.
Unprompted, a large number of attendees in several different working groups indicated that they’d like to see more residential-over-commercial vertical mixed-use in the Downtown Lomita area. It was also a popular response in the General Plan community Item No. PH 9a
CITY OF LOMITA
CITY COUNCIL REPORT
2 survey, which garnered responses from 165 Lomita residents and employees. The project team noted this popular desire and it will be incorporated into the forthcoming recommendations for the updated General Plan.
On June 2, 2023, Chinzo Machida (owner of 24333 Narbonne Avenue) and Luis De Moraes applied for a zone text amendment to remove the minimum lot size requirement for mixed-use projects containing four or fewer residential units in the D-C Zone within the Mixed-Use Overlay Zone and to allow development standard concessions and incentives for creating deed-restricted affordable housing. The applicant’s site contains an approximately 7,520 ft2two-story commercial building on a 6,900 ft2lot. A gym occupies the ground floor, and three offices totaling 1,500 ft2 offices occupy the second floor. The applicant reports difficulty in renting out the second floor space to office uses and would like to convert the office use to residential use, as it is within the Mixed-Use Overlay Zone.
The City created the Mixed-Use Overlay (MUO) District in 2006, establishing that only projects with a lot area of at least 10,000 ft2 are eligible for mixed-use development. Since the MUO District was adopted, four mixed-use projects have been development: three are in the Commercial, General (C-G) Zone and one is in the D-C Zone. The lot size requirement intends to promote lot consolidation, which would lead to redevelopment, more efficient land use based on the density calculation methodology, and optimal use of the land given the development standards.
In conjunction with the applicants’ amendment, the applicant and staff propose minor changes to align the Lomita Municipal Code with State laws, update standards, and clean up a procedural inconsistency.
ANALYSIS
The proposed amendment is in response to limitations on mixed-use lots possessing less than 10,000 ft2, an increased demand for housing, preservation of the character and scale of the Downtown-Commercial Zone, the adopted 6th Cycle Housing Element commitments, and the need for other minor revisions.
A large part of Lomita’s land subdivision is irregular. In the MUO-Districted D-C Zone, property sizes range from 3,000 ft2to nearly 28,000 ft2 and properties contain a variety of building styles, ages, and heights. This eclectic mix contributes to Lomita’s character and small-town identity. Twenty-eight (28) of the 47 properties with MUO-Districted D-C Zone designation are less than 10,000 ft2. As such, a small lot is not an extraordinary and unusual condition, so the findings for a variance cannot be made and a zone text amendment is necessary.
In order for two small properties to combine and create a 10,000-square-foot or more property, many variables factor into the equation. One such variable is two adjacent property owners must be willing to merge or sell. To date, not a single mixed-use project has combined lots from different sellers. Even though Mr. Machida’s property is consistent with the zoning designations and the land use designation, the likelihood that 3 24333 Narbonne Avenue will merge with either of the neighboring properties (a cityowned parking lot and The Lomita Feed Store) is unlikely; and therefore, this property, and others, cannot develop residential units.
1) D-C ZONE MIXED-USE PROJECTS WITH FOUR OR FEWER RESIDENTIAL UNITS See Section 11-1.58.06(B) of the draft ordinance (Attachment 1) The proposed amendment offers an additional pathway for the creation of affordable housing on properties within the MUO-Districted D-C Zone with four or less residential units by providing similar incentives afforded to properties having five or more residential units based on the State’s Density Bonus Law. The land use, zoning, and overlay district will not change through this ordinance.
Properties
affected by
the proposed
ordinance are
shown in red.
4 For mixed-use projects with four or fewer residential units, the draft ordinance proposes no minimum lot size. At 22-units/acre, a property with less than 9,900 ft2 would only be able to build four units. A 9,900-square-foot property would be eligible to build five units and can elect to use the State’s Density Bonus law. This amendment offers a path for those properties and creates a more level playing field to further facilitate the development of affordable housing in the community.
The proposed mixed-use standards mostly replicate the existing standards;, but there are a few differences intended to preserve Lomita’s downtown character.
Development requirements typically set a minimum unit size, and the State requires at least 150 ft2 per unit. Lomita’s existing mixed-use unit size standards require a studio unit to be at least 500 ft2, a one-bedroom to be at least 700 ft2, a two-bedroom to be at least 900 ft2, and additional bedrooms to be at least 200 ft2. However, the Code does not set a maximum unit size. Without a cap, a residential unit can be as big as the developer desires, and the floor area occupied by residential uses has the potential to shrink the floor area available for nonresidential (commercial) uses.
Staff recommends implementing an average maximum unit size standard for projects with four or fewer units. These average maximum unit sizes are larger than the City’s minimum and contain ample room. Studios must average 550 ft2t or less; one-bedrooms must average 800 ft2 or less, two-bedrooms must average 1,000 ft2 or less, and additional bedrooms can add up to 200 ft2. In general, smaller units tend to cost less, and tend to be occupied by only one household. In addition, by capping the residential unit sizes, it is more likely that the desired 30% commercial space to 70% residential space ratio will be met.
One other difference between the four-or-fewer-unit standards and the five-or-more-unit standards is the requirement that the ground floor space fronting Narbonne Avenue and Lomita Boulevard be occupied with commercial/nonresidential uses. Though mixed-use typically implies street-fronting commercial, this ordinance ensures it is explicitly stated. 2) AFFORDABLE UNIT AND INCENTIVES AND CONCESSIONS
See Section 11-1.58.06(B)(3) of the draft ordinance (Attachment 1) Staff analyzed all MUO-Districted properties within the D-C Zone. Most of these properties contain 60-year-old plus buildings and would find it challenging or impossible to meet all the development standards. Providing incentives to or concessions from development standards to create affordable housing is recognized nationwide as a costeffective, and privately funded approach to develop affordable housing.
The proposed Affordable Unit provision is modeled after the State’s Density Bonus Law (CA Gov. Code 65915), which allows a developer to receive a certain number of incentives to or concessions from a local jurisdiction’s development standards in exchange for creating deed-restricted affordable housing. 5 Inflexible requirements can often hinder economic development, and conversely easing these requirements supports future development potential. For example, Lomita allows D-C Zone commercial uses within 500 feet of a municipal parking lot to reduce onsite parking supply (LMC Sec. 11-1.49.06(D)). Over the last few years, several businesses in the D-C Zone have benefited from this provision, and thereby the City and its existing residents have too.
Similar to commercial development, residential standards are very influential. Affordable housing, and mixed-income housing is generally considered a public good, and in consideration for that public good, either financial incentives (not proposed) or nonfinancial incentives, such as modified development requirements, are often considered to support the development.
The applicant has applied to convert existing space, but if the space was new commercial space off-site parking would be required. The following table illustrates the differences in parking requirements generated by commercial versus residential use.
Commercial v. Residential Parking Requirements Example
Use Parking Ratio Quantity Parking Spaces Required
Commercial:
Office/Personal
Service/Retail
1 space/300 ft2
(Sec. 11-1.66.03(C)) 1,500 ft2 5 spaces
Residential:
Studio + Guest
1 space/unit
+.25 spaces/unit
(Sec. 11-1.58.06(f))
3 units,
each at
500 ft2
3 spaces
+ 1 space
4 spaces
Under the Lomita Municipal Code parking requirements, a commercial use requires more parking spaces than three studio apartments.
Unlike the State’s program, the proposed ZTA adheres to the City’s existing General Plan’s densities and does not award bonus units – it instead maximizes the use of existing spaces while further incentivizing the development of affordable housing. 3) OTHER AMENDMENTS FOR CONSISTENCY
See Section 11-1.58.06(A)(1), and Section 11-1.15.13(C) of the draft ordinance (Attachment 1)
The draft amendment proposes a) to revise a subjective standard, and b) to replace one entitlement process with a more appropriate entitlement. a) Lomita’s Mixed-use Standards of Development contains a corner lot provision to ensure that vehicles have adequate visibility at intersections. For example, 24516 Narbonne Avenue applied this standard to its design and created an active outdoor use for the open space. As written, the Code doesn’t provide prescriptive standards, instead each project is evaluated on a “case-by-case basis”. Case-by-case is a 6 subjective criterion and could be seen as contrary to Streamlined Affordable Housing (SB 35) and the Housing Crisis Act (SB 330). The update adds specific values to this sightline standard. A clear vision triangle starts at intersection of the property lines that are parallel to each street and extends for ten feet in each direction. The third triangle leg connects the two 10’ segments. The term “clear vision triangle” is defined and based on definitions found in the American Planning Association’s Dictionary. There may be situations where conditions, such as the direction of a one-way street or alley, make it unnecessary for a clear visibility triangle. If there’s a project that would not obstruct sightlines, then the project may apply for a modification. b) The existing standards of development section states that the maximum building height and other standards can be deviated from through the conditional use permit process. While the conditional use permit (CUP) process consolidates the potential number of entitlements because a CUP is already required for a mixed-use project, a CUP pertains to special land uses that are not allowed by-right and is designed to address their operating characteristics, impacts, and consistency with the General Plan’s policies. Also, CUPs can be revoked or terminated. Deviations from objective and quantifiable standards of development generally require a variance, or if specified a modification with a site plan review. None of the existing zoning districts use a conditional use permit to deviate from a development standard; therefore, staff has removed a sentence from former subparagraph (d) pertaining to the building’s height.
It is not necessary to add language in the Mixed-Use Overlay District’s Standards of Development that a variance may be obtained in order to deviate from the development standards, and subparagraph (l) has been deleted. Lomita Municipal Code Article 70 Paragraph 10 (Zone Variance) stipulates that “The Commission, or City Council on appeal may grant a Variance from the required development standards, with or without conditions…”. If the City Council desires to place a lesser burden on deviating from any or all development standards, it could make certain standards eligible for a modification pursuant to Article 70 Paragraph 8.
The one exception to the requirement for a variance to deviate from a development standard is the required percentage of nonresidential uses. The 6th Cycle HE’s Program 12: Lot Consolidation stated that a deviation from the minimum commercial percentage is considered through the conditional use permit process. To require a request for a reduction to meet the higher standards necessary for a variance could be seen to create an impediment to the development of housing. As the nonresidential use percentage pertains specifically to the land’s use, a CUP remains an appropriate avenue and does not unnecessarily hinder future development of housing.
GENERAL PLAN CONSISTENCY
The zone text amendment is consistent with the Land Use Element’s mixed-use designation.
7 The Amendment advances the 6
th Cycle Housing Element (HE) Policy 2.4 to ‘promote
and encourage innovation and creativity in housing development through regulations that increase transparency and flexibility in the development approval process’. Removing the lot size requirement in the MUO D-C Zone encourages innovation in housing development.
In addition, the City committed to evaluating a range of incentive-based and regulatory approaches to facilitate the development of housing for lower-income households in HE Program 7: Incentives and Regulations. One specific objective is to “Improve 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.” This ordinance demonstrates both an incentive-based approach to creating affordable housing and technical assistance in performing the research, analysis, and creating new, more flexible, standards for smallsized mixed-use mixed-income projects.
CEQA
The project 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 proposed text amendment will not have a significant effect on the environment because the proposed amendments would provide for new standards consistent with State Law and do not propose any physical construction.
PUBLIC NOTICE
Notices of this hearing dated August 24, 2023, were published in the Daily Breeze Newspaper and posted at City Hall and Lomita Park.
OPTIONS:
1. Introduce the ordinance on first reading as recommended by the Planning Commission.
2. Introduce the ordinance on first reading with amendments.
3. Do not approve the first reading of the ordinance.
4. Provide staff alternative direction.
8 ATTACHMENTS
1. Draft Ordinance
2. Redline Ordinance
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. 856
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMITA, CALIFORNIA, APPROVING ZONING TEXT AMENDMENT 2023-07
AMENDING LOMITA MUNICIPAL CODE TITLE XI (PLANNING AND
ZONING), CHAPTER 1 (ZONING), REVISING THE CITY’S
REGULATIONS FOR MIXED-USE OVERLAY DISTRICT TO UPDATE
STANDARDS; TO ALLOW MIXED-USE DEVELOPMENTS CONTAINING
FOUR OR FEWER UNITS WITHIN THE DOWNTOWN COMMERCIAL (DC) ZONE; TO DEFINE A TERM 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 mixed-use developments 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 mixed-use standards of development regulations as necessary to allow for four or fewer units on properties with less than 10,000 square feet, and to establish affordable housing incentives in the Downtown-Commercial Zone.
C. On July 10, 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 ___________.
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
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. Housing Element Policy 2.4 which is to promote and encourage innovation and creativity in housing development through regulations that increase transparency and flexibility in the development approval process.
B. Housing Element Program 7 which requires the City to evaluate a range of incentive-based and regulatory approaches to facilitate the development of housing for lower-income households. One specific objective is to “Improve Attachment No. 1
Ordinance No. 856
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.
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.
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
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) 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.
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 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.
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
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
(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 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.
(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 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.
(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.