2. Up to two (2) accessory dwelling units shall be permitted as detached from the multifamily residential structure and may be attached or detached to each other.
(3) Height.
a. In accordance with CA Government Code Section 65852.2.
1. Attached or detached ADUs complying with a four (4) foot side and four (4) foot rear setback shall not exceed one story and a height of sixteen (16) feet.
2. On a lot that is within one-half (½) of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in section 21155 of the Public Resources Code, attached or detached ADUs complying with a four (4) foot. side and four (4) foot rear setback shall not exceed one story and a height of eighteen (18) feet. A local agency shall also allow an additional two (2) feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the of the primary dwelling unit.
3. On a lot with an existing or proposed multifamily, multistory dwelling, detached ADUs complying with a four (4) foot. side and four (4) foot rear setback shall not exceed a height of eighteen (18) feet.
4 A height of twenty-five (25) feet or the height limitation of in the zoning ordinance that applied to the primary dwelling,
whichever is lower, for an accessory dwelling unit that is attached to the primary dwelling. Pursuant to section 11-1.70.11 residential lots south of Pacific Coast Highway shall obtain a height variation permit for an attached ADU over sixteen (16) feet in height measured from the natural grade. Converted area from the existing dwelling is exempt from this requirement.
5. Any mandatory accessory dwelling unit height standard adopted by the State subsequent to this ordinance.
b. Local allowances.
1. An attached or detached accessory dwelling unit(s) complying with the primary structure's setback requirements of the underlying zone shall not exceed sixteen (16) feet at one story and twenty-seven (27) feet at two (2) stories. An individual ADU shall not exceed two (2) stories. Pursuant to section 11-1.70.11 residential lots south of Pacific Coast Highway shall obtain a height variation permit for an attached ADU over sixteen (16) March 19, 2024, Reg. CC Mtg., Page # 147
Ordinance No. 860
feet in height measured from the natural grade. Converted area from the existing dwelling is exempt from this requirement.
2. Subject to a conditional use permit (Sec. 11-1.70.09), each detached accessory dwelling unit upon a key lot or any
residential lot abutting a nonresidential zone along the residential lot’s rear property line with a twenty (20) foot front yard setback, ten (10) foot secondary front yard setback, five (5) foot side yard setback, and five (5) foot rear yard setback requirement shall not exceed twenty (20) feet if all the following are met. A one-story ADU does not qualify for this height provision; only two-story ADUs or two stacked ADUs may
qualify.
a. The total combined area for all buildings and structures shall not occupy more than fifty (50) percent of the rear yard setback area.
b. Pursuant to section 11-1.70.11 residential lots south of Pacific Coast Highway shall obtain a height variation
permit for an attached ADU over sixteen (16) feet in height measured from the natural grade.
c. ADU structures with exterior stairs shall locate the stairs on the side of the building facing the front property line. d. Accessible design features.
i. Entry route and door route no greater than two (2)
percent slope.
ii. Door openings 32 (thirty-two) inches clear minimum. iii. One-level ground-floor unit must provide at least one three-quarter or full bathroom that is a minimum of 8
(eight) feet 6 (six) inches by 8 (eight) feet 10 (ten)
inches and has minimum clear opening of either 36
inches by 36 inches or 30 inches by 48 inches for
toilet and sink, or two-story-unit with 200 feet of
ground-floor area must provide an ADA-compliant
half-bathroom.
iv. Route to bathroom minimum clear opening of 34
(thirty-four) inches.
v. Light switches, receptables and environmental
controls mounted between 15 (fifteen) inches and 48
(forty-eight) inches above the floor.
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Ordinance No. 860
(4) Setbacks.
a. Front yard. Twenty (20) feet to a front property line.
1. Secondary front. Ten (10) feet to property line.
b. Side yard. Four (4) feet to a side property line.
c. Rear yard. Four (4) feet to a rear property line.
d. Building separation. Six (6) feet to the exterior wall of a dwelling, garage, or accessory structure located on the same lot. e. Setbacks required by utility easements and recorded setbacks shall be maintained. No portion of an ADU shall be constructed on a public or private easement. Roof eaves may not be eliminated to meet this requirement.
f. No setback is required for an existing living area or existing accessory structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit. g. ADUs are not eligible for modifications to yard setbacks pursuant to Article 70.
(5) Lot coverage. An accessory dwelling unit exceeding eight hundred (800) square feet shall comply with the lot coverage and floor area ratio of underlying zone requirements of Article 30.
(6) Useable open space. Accessory dwelling units exceeding eight hundred (800) square feet shall provide, at a minimum, a continuous private recreation area of two hundred twenty-five (225) square feet with minimum interior dimensions of ten (10) feet. The private recreation shall be open and unobstructed from the ground to the sky and may be located within the interior, street side, or rear setback areas. (7) Floor area size.
a. Maximum floor area size for new construction units.
1. Attached accessory dwelling units with zero (0) bedrooms or one bedroom are subject to a maximum size of eight hundred fifty (850) square feet or fifty (50) percent of the size of the dwelling unit, whichever is less. Attached accessory dwelling units with two (2) or more bedrooms are subject to a maximum size of one thousand (1,000) square feet or fifty (50) percent of the size of the dwelling unit, whichever is less. In no event less than eight hundred (800) March 19, 2024, Reg. CC Mtg., Page # 149
Ordinance No. 860
square feet. Accessory dwelling units located on lots with multifamily dwelling structures shall not exceed eight hundred (800) square feet.
2. Detached accessory dwelling units with zero (0) bedrooms or one bedroom are subject to a maximum size of eight hundred fifty (850) square feet. The maximum size of an accessory dwelling unit with two (2) or more bedrooms is one thousand (1,000) square feet.
Accessory dwelling units located on lots with multifamily dwelling structures shall not exceed eight hundred (800) square feet. b. Minimum floor area size. An attached or detached accessory dwelling unit shall provide a minimum floor area no less than one hundred fifty (150) square feet.
c. Converted floor area size. The conversion of an existing accessory structure or a portion of the existing primary dwelling to an accessory dwelling unit is not subject to the maximum floor area size requirement when no expansion or addition is proposed beyond the physical dimensions of the structure or dwelling other than an expansion of not more than one hundred fifty (150) square feet limited to accommodating ingress and egress for the purpose of an accessory dwelling unit; otherwise the converted floor area size shall be governed by the maximum floor area size requirement. d. An accessory dwelling unit shall not be subject to the accessory buildings and structures requirements of section 11-1.30.05. e. Accessory structures including, but not limited to garages and patios attached to accessory dwelling units shall comply with section 11-
1.30.05—Accessory buildings and structures.
(8) Floor area ratio. In general, the floor area ratio for all ADUs shall be subject to the floor area ratio requirements of section 11-1.30.02.
However, ADUs which are eight hundred (800) square feet or less are exempt from floor area ratio calculation.
(9) Density. For purposes of calculating allowable density under the General Plan and Zoning Code an accessory dwelling unit is an accessory use that does not count toward the allowable density for the lot. (10) Parking and vehicular access.
a. One parking space is required per accessory dwelling unit. b. Parking shall be located on the same lot containing the accessory dwelling unit and may be provided as tandem parking on a driveway.
Parking shall conform to the requirements of Article 66.
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Ordinance No. 860
c. Parking for the accessory dwelling unit is waived pursuant to section 65825.2(d)(1) through (5) of the Government Code.
d. Replacement parking is not required if a garage or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit (11) City and public utilities.
a. All ADUs must be connected to public utilities, or their private equivalent, including water, electric, and sewer services. For example, if required by the building standards code, dwelling units that are proposed to be installed on a property with only septic tanks are prohibited.
b. Except for ADUs created solely by converting an existing singlefamily dwelling or a single-family accessory structure, the city may require a separate utility connection.
(12) Design standards applicable to new construction of ADUs exceeding eight hundred (800) square feet and ADUs converted from existing structures adding more than one hundred fifty (150) square feet. a. Building architecture including roof type, roof pitch, exterior materials, finishes and color shall match the primary dwelling. b. Address numerals of all dwelling units shall be clearly visible from the street or displayed in a building directory.
c. ADUs shall have a main entrance separate from the primary dwelling. d. New entry door shall not open directly toward an alley. e. Replacement of the garage door shall include a new façade. The new façade shall include a minimum of one window or entryway. f. Entryway shall include an exterior light fixture.
g. Tree preservation: Any plans for an addition or new construction shall identify the location of any mature trees onsite and provide protective measures to ensure preservation of mature trees. A mature tree is defined as any tree having a main trunk or stem measuring twentyfour (24) inches in diameter, or seventy-five (75) inches in circumference, measured at a height of four and one-half (4½) feet above ground level at the root crown. A removal includes moving a tree or removing more than one-third of a tree's vegetation. Sites without an existing mature tree must provide at least two 24-inch box trees within the front yard setback or open space area.
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Ordinance No. 860
(13) Owner-occupancy shall adhere to Government Code section 65852.2. (14) Illegal accessory dwelling units. This section shall not validate any existing illegal accessory dwelling units. Any conversions from illegal units to a conforming legal accessory dwelling unit shall be considered a new accessory dwelling unit subject to the provisions of this section. a. Effective January 1, 2020, the property owner of a lot containing an accessory dwelling unit built before January 1, 2020, that receives a notice to correct a violation of building standards may submit an application to the community development department requesting that enforcement of the violation be delayed for up to five (5) years on the basis that correcting the violation is not necessary to protect health and safety as determined by the building official; provided, that all other violations not related to the accessory dwelling unit are corrected. This provision shall expire January 1, 2030, as provided in state law.
(E) Junior accessory dwelling units.
(1) Purpose. The purpose of this section, junior accessory dwelling units, is to provide for the creation of junior accessory dwelling units consistent with California Government Code section 65852.22, as amended from time to time. In any instance where there is conflict, state law shall govern.
(2) Definitions.
a. Junior accessory dwelling unit is a unit no more than five hundred (500) square feet in size and contained entirely within a proposed or existing single-family dwelling or within the walls of a garage attached to an existing single-family dwelling. It shall include permanent provisions for living, sleeping, eating, and cooking. A junior accessory dwelling unit shall not be operated as a short-term rental or rented for a period less than thirty (30) days. (3) Applicability and permissible use.
a. Junior accessory dwelling units are allowed on lots that contain a proposed or existing single-family dwelling. Junior accessory dwelling units are not allowed on a lot with more than one residence. b. Junior accessory dwelling units may be combined with an accessory dwelling unit on lots located within a residential or mixed-use zone with a proposed or existing single-family dwelling as provided in section 65852.2(e) of the Government Code.
March 19, 2024, Reg. CC Mtg., Page # 152
Ordinance No. 860
c. Junior accessory dwelling units are prohibited on lots that contain multiple detached single-family dwellings.
(4) Development standards and requirements. Junior accessory dwelling units shall comply with the following development standards and requirements:
a. Number of units. One junior accessory dwelling unit shall be allowed on a lot.
b. Owner-occupancy. The property owner shall reside on the lot. The owner may reside in the remaining portion of the single-family dwelling or the newly created junior accessory dwelling unit. c. Covenant restriction. A covenant restriction shall be completed and recorded, as provided in subsection (13) of this section. d. Location of junior accessory dwelling unit. A junior accessory dwelling unit shall be created within the walls of a proposed or existing single-family dwelling, or within the walls of a garage attached to an existing single-family dwelling.
e. Separate entry required. An exterior entrance is required for all junior accessory dwelling units, independent of the exterior entrance for the single-family dwelling and shall not open directly toward an alley. f. Kitchen requirements. The junior accessory dwelling unit shall include an efficiency kitchen, which includes a cooking facility with appliances, a food preparation counter, and storage cabinets that are reasonable to size of the unit.
g. Common sanitation. Where a junior accessory dwelling unit shares the bathroom facilities contained in the single-family dwelling, a direct unobstructed interior connection shall be provided at all times between the junior accessory dwelling unit and the bathroom facilities, and the interior connection shall not require passage through a locked door (except for a privacy lock on the bathroom door) or passage outside of the gross floor area of the junior accessory dwelling unit or single-family dwelling.
(5) Design standards.
a. Building architecture, exterior materials, finishes and color shall match the primary dwelling.
b. Address numerals of all dwelling units shall be clearly visible from the street or displayed in a building directory.
March 19, 2024, Reg. CC Mtg., Page # 153
Ordinance No. 860
c. JADUs shall have a main entrance separate from the primary dwelling.
d. New entry door shall not open directly toward an alley. e. Replacement of the garage door shall include a new façade. The new façade shall include a minimum of one window or entryway. f. Entryway shall include an exterior light fixture.
(6) Parking. No parking is required for the junior accessory dwelling unit beyond the required parking for the proposed or existing single-family dwelling. However, replacement parking for the existing single-family dwelling is required when an attached garage or portion thereof is converted to a junior accessory dwelling unit. Parking shall conform to the requirements of Article 66.
(7) Setbacks and other zoning regulations. The junior accessory dwelling unit shall be considered a part of the single-family dwelling and shall be subject to the same requirements of the underlying zoning district as required for the single-family dwelling.
(8) Density. For purposes of calculating allowable density under the General Plan and Zoning Code a junior accessory dwelling unit is an accessory use that does not count toward the allowable density for the lot.
(9) Maximum floor area. A junior accessory dwelling unit shall not exceed five hundred (500) square feet in floor area.
(10) Minimum floor area. A junior accessory dwelling unit shall provide a minimum floor area no less than one hundred fifty (150) square feet. (11) Utility service. For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. An inspection may be assessed to confirm the junior accessory dwelling unit complies with development standards.
(12) Illegal junior accessory dwelling units. This section shall not validate any existing illegal junior accessory dwelling units. Any conversions from illegal units to a conforming legal junior accessory dwelling unit shall be considered a new junior accessory dwelling unit subject to the provisions of this section.
(13) Covenant restriction.
March 19, 2024, Reg. CC Mtg., Page # 154
Ordinance No. 860
a. Prior to issuance of the building permit for a junior accessory dwelling unit, a covenant restriction, approved by the city attorney, shall be recorded with the Los Angeles County Recorder's Office, which shall include the pertinent restrictions and limitations of a junior accessory dwelling unit identified in this section. Said covenant restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the recorded covenant restriction shall be filed with the community development department as part of the building permit application. The recorded covenant restriction shall state that:
1. The junior accessory dwelling unit shall not be sold separately from the single-family dwelling
2. The junior accessory dwelling unit shall be restricted to the maximum size allowed per the development standards
3. The junior accessory dwelling unit shall be considered legal only so long as either the single-family dwelling or the junior accessory dwelling unit is occupied by the property owner
4. The junior accessory dwelling unit shall not be operated as a shortterm rental or rented for periods less than thirty (30) days
5. The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with this provision may result in legal action against the property owner, including revocation of any right to maintain a junior accessory dwelling unit on the property.” Section 5. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part hereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part thereof.
The City Council of the City of Lomita hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid.
Section 6 . Effective Date
This ordinance shall take effect thirty (30) days after the date of its passage; and prior to fifteen (15) days after its passage, the City Clerk shall cause a copy of this ordinance to be published in accordance with the provisions of the law. The City Clerk shall certify the adoption of this ordinance.
PASSED, APPROVED, AND ADOPTED, this _____ day of _________, 2024.
March 19, 2024, Reg. CC Mtg., Page # 155
Ordinance No. 860
________________________________
Bill Uphoff, Mayor
ATTEST:
_____________________________________
Kathleen Horn Gregory, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Trevor Rusin, City Attorney
March 19, 2024, Reg. CC Mtg., Page # 156
Rand D. Relatores
Rand Architecture
VIA ELECTRONIC MAIL
February 7, 2024
Re: 26038 -26044 Oak Street A.D.U.'s
Zoning Text Amendment requesting additional 3'-10” to make 19'-10” maximum height for 2-story A.D.U.
Dear Mayor, City Council Members, and Planning Commissioners:
We would like to thank you in advance for your time and consideration of our proposed zoning text amendment (ZTA)requesting additional 3'-10” to allow 19'-10” maximum height for a 2-story A.D.U at 26038-26044 Oak Street.
We are requesting a ZTA because originally our plan and building design followed the ever constant changing State of California and City of Lomita design guidelines. Our initial design for a maximum 18' building height with an additional 2' for the roof slope for a total of 20' in height met the guidelines. The design requirement of our site needing to be closer than 0.5 miles from a local mass transit stop was met! All of the design requirements were met. Only to find out that the bus stop intervals at our closest Bus Stop location needed to be no greater than 15 minutes intervals. Currently our local bus stops' intervals are between 22-27 minutes! Therefore we are requesting a Zone Text Amendment approval.
The statewide need for more housing brings along the need for creative solutions in tight spaces. We believe that a 2-story development will have many advantages and brings design solutions and positive space planning with amenities. Our proposed 2-story design will reduce the lot coverage by minimum 50% and will create over 2,000 SF of usable open space. Our current senior tenants and young children can use it for recreation space. The 2-story concept allows us to design a detached structure away and separated from the existing site structures. Avoiding any new construction from attaching to the existing units therefore eliminating any disruptions and/or possible displacement of the current tenants from their homes. Additionally, the 2-story design allows for better environmental design. Eliminating attached common walls on 1 or even 2 sides with zero window openings commonly found in attached 1-story units. This allows for more natural light and privacy. It also allows space to provide an open private balcony area (5'x12'). Lastly, there will be a considerable reduction in construction costs by “stacking” identically designed units vertically. Not only will there be a reduction in building costs but a considerable reduction in construction wastes and materials! Single family homes and 2-story low density multi-unit properties surround our site. Some design concessions were made to “mirror” the context of the immediate neighborhood. We increased the minimum 4' rear yard setback and positioned the building back 1' additional foot making it a 5' rear yard setback. We designed a “low profile” building keeping the ceiling heights at minimum 8' and the minimum allowed flat roof slope design that will drain towards the north side yard. Keeping our building height below 20' high at 19'-10”!
Attachment 3
March 19, 2024, Reg. CC Mtg., Page # 157
Along with this letter, drawings are attached that will help illustrate our design concept. There a 2 site plans, one with a 2-story design illustrating the large open spaces and the other a 1-story design showing the considerable lot coverage and leaving minimal open space. The remaining drawings are cross sections through the property illustrating the scale and height of neighboring structures immediately adjacent to our proposed 2-story design along with the setbacks and open spaces between the existing and proposed structures. Section A-A shows that our proposed building will be 1' to 4' lower that the neighboring structures. Section B-B shows a 15' building separation between our proposed building and our neighbor to the East at 2066 w. 261st Street along with natural privacy provided by dense tree and shrubs growth on the neighbors side. Lastly, our Plot Plan will show that our proposed building is actually placed immediately adjacent to the open rear yard of our neighbor located at 2070 W. 261st Street. Our building is ideally located wheres the worst late afternoon sun during the winter time will cast the shadow from our proposed structure onto the open yard of the neighbor and NOT onto their home on the property.
If you have any questions prior to our scheduled Planning Commission and City Council meetings, please feel free to contact me at 310-530-6543 or via electronic mail at [email protected] or Rick Buchta at 310-493-9195 or via electronic mail at [email protected]. Thank you again in advance for your consideration of this zoning text amendment.
Sincerely,
Rand D. Relatores, Architect C24070
Rand Architecture
CC: Laura MacMorran – Associate Planner, City of Lomita Rick Buchta – RBR Properties
Annemarie Carretta – RBR Properties
March 19, 2024, Reg. CC Mtg., Page # 158
Attachment 4
Sample of South Bay Cities’ Local ADU Heights
Agency ADU Height Single-Family ADU Height Multi-Family City of El
Segundo
26’ for a flat roof
32’ for a pitched roof
26’ for a flat roof
32’ for a pitched roof
City of
Gardena
18’; or
18’ single-story detached +2’ for roof pitch; or
25’, if on top of a garage
18’; or
18’ single-story detached +2’. for
roof pitch;
25’ if on top of a garage
City of
Manhattan
Beach
Two-stories are allowed outside the Coastal
Zone
26’, if on top of a garage
Two-stories are allowed outside the
Coastal Zone
26’, if on top of a garage
City of
Inglewood
35’, if built on top of an existing accessory
structure
35’-40’, if built on top of an existing
accessory structure, depending on
zone
City of
Lawndale
18’; or
18’ single-story detached +2 ‘ for roof pitch; or
25’ two-story attached to existing two-story
home
18’; or
18’. single-story detached + 2’. for
roof pitch; or
25’. two-story attached to existing
two-story multifamily
City of
Torrance
Designated Areas
Attached Detached
18’ one-story 20’ one-story
27’ two-story 23’. two-story
Limited Designated Areas
Attached Detached
18’ one-story 16’.
25’ two-story State Law
Follows State Law
March 19, 2024, Reg. CC Mtg., Page # 159
Attachment
March 19, 2024, Reg. CC Mtg., Page # 160
5 March 19, 2024, Reg. CC Mtg., Page # 161
NOTICE OF EXEMPTION
Project Title: ZONE TEXT AMENDMENT NO. 2024-01
Project Description:
ZONE TEXT AMENDMENT NO. 2024-01, An amendment to Lomita Municipal Code Article 30 (Residential Zones) modifying the zoning code related to Accessory Dwelling Unit height. Initiated by the Rand Relatores and Rick Butcha.
Finding:
The City Council of the City of Lomita has reviewed the above proposed project and found it to be exempt from the provisions of the California Environmental Quality Act (CEQA).
Ministerial Project
Categorical Exemption
X Statutory Exemption
Emergency Project
Quick Disapproval [CEQA Guidelines, Section 15270]
No Possibility of Significant Effect [CEQA Guidelines, Section 15061(b)(3)] Supporting Reasons:
This proposed code amendment has been assessed in accordance with the California Public Resources Code (CPRC) 21080.17. The California Environmental Quality Act (CEQA) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Section 65852.2 of the Government Code, which is the code section for the State’s Accessory Dwelling Unit law.
Therefore, City Council has determined that there is no substantial evidence that the project may have a significant effect on the environment. (Date) Laura MacMorran
Associate Planner
Community & Economic Development
Department
Planning Division
24300 Narbonne Avenue
Lomita, CA 90717
310/325-7110
FAX 310/325-4024
Attachment 6
March 19, 2024, Reg. CC Mtg., Page # 162
Attachment No. 7
March 19, 2024, Reg. CC Mtg., Page # 163
March 19, 2024, Reg. CC Mtg., Page # 164