1 TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Laura MacMorran, Associate Planner
MEETING DATE: September 19, 2023
SUBJECT: Second Reading and Adoption of Ordinance No. 856 for Zoning Text Amendment No. 2023-07 Amendment 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
RECOMMENDATION
Adopt the ordinance and find the project categorically exempt from the California Environmental Quality Act (CEQA).
BACKGROUND
On September 5, 2023, the City Council introduced 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) of Lomita Municipal Code Title XI (Planning and Zoning). 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.
Item No. 7i
CITY OF LOMITA
CITY COUNCIL REPORT
2 ATTACHMENTS
1. Ordinance No. 856
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. Chapter 1 of Title XI of Lomita Municipal Code establishes allowable uses, definitions, and development standards of properties within all zoning districts in the City.
B. On July 10, 2023 and August 14, 2023, the Planning Commission held duly noticed public hearings on Zone Text Amendment No. 2023-07 where public testimony was accepted on the item and on August 14, 2023 recommended City Council approval.
C. On September 5, 2023, City Council held a duly noticed public hearing to consider the proposed text amendment to Title XI of the Lomita Municipal Code to amend mixed-use standards of development 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 with a Mixed-Use Overlay.
The Recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.
.
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.
Attachment No. 1
Ordinance No. 856
B. Housing Element Program 7 requires the City to evaluate a range of incentivebased and regulatory approaches to facilitate the development of housing for lower-income households. 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.” 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."
Ordinance No. 856
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 (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;
Ordinance No. 856
Units seven hundred one (701) square feet and greater — Two (2) spaces;
Guest parking — .25 spaces per unit.
(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.
Ordinance No. 856
(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) 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.
Ordinance No. 856
(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 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.
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 19th day of September 2023. ________________________________
Barry Waite, Mayor
ATTEST:
_____________________________________
Kathleen Horn Gregory, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Trevor Rusin, City Attorney