SECTION 5: MISCELLANEOUS.
a. All translations shall be provided by professionally certified translators as set forth in Elections Code section 13307(b).
b. The statement of each candidate shall be printed in uniform type, style and spacing. c. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.
SECTION 6: ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the Voter Information Guide.
SECTION 7. That the City Clerk shall provide each candidate or the candidate’s representative a copy of this resolution at the time nominating petitions are issued.
SECTION 8. All previous resolutions establishing Council policy on payment for candidates’ statement are repealed.
SECTION 9. That this Resolution shall apply only to the General Municipal Election to be held on November 5, 2024.
SECTION 10. That the City Clerk shall certify the passage and adoption of this resolution and entre it into the book of original resolutions.
PASSED, APPROVED, AND ADOPTED this 4
th of June 2024.
________________________
Bill Uphoff, Mayor
ATTEST:
_________________________
Kathleen Horn Gregory, MMC, City Clerk
APPROVED AS TO FORM:
_________________________
Trevor Rusin, City Attorney
June 4, 2024, Reg. CC Mtg., Page # 320
TO: City Council
FROM: Andrew Vialpando, City Manager
PREPARED BY: Kathleen Horn Gregory, City Clerk
MEETING DATE: June 4, 2024
SUBJECT: Discussion and Consideration of Commissioner Appointments to the Parks and Recreation, Planning, and Public Safety and Traffic Commissions
RECOMMENDATION
Consider candidates to fill one seat (scheduled vacancies due to terms ending June 2024) each on the following commissions, with terms to end June 2028: Parks and Recreation Commission, Planning Commission, and Public Safety and Traffic Commission.
BACKGROUND
The city has established commissions which serve as advisory bodies to the City Council.
These commissions facilitate public input and citizen participation in the determination of city policies. Councilmembers appoint eligible citizens to serve on these commissions.
Terms for the following commissioners are set to expire on June 1, 2024:
Parks and Recreation Commission
Terry Winn
Planning Commission
Brenda Stephens
Public Safety and Traffic Commission
John Carmody
A public notice of the pending vacancies was posted on the City’s website and all public posting locations on April 16, 2024, and applications were accepted through May 29, 2024. New applicants were scheduled to be interviewed on June 4, 2024, and applicants that were previously interviewed were placed on the eligibility list for consideration.
Item No. SCH 8b
CITY OF LOMITA
CITY COUNCIL REPORT
June 4, 2024, Reg. CC Mtg., Page # 321
Below is a list of the current applicants:
Parks and Recreation Commission:
Winn, Terry (incumbent)
De Leon Allred, Christina
Kivett, George
Kyle, Wade (also interested in Public Safety and Traffic Commission) Planning Commission:
Stephens, Brenda (incumbent)
McGrath, Joe (also interested in Public Safety and Traffic Commission) Public Safety and Traffic Commission:
Carmody, John (incumbent)
Kyle, Wade (also interested in Parks and Recreation Commission) McGrath, Joe (also interested in Planning Commission)
Simmons, Lucas
OPTIONS
1. Make appointments.
2. Give staff alternative direction.
FISCAL IMPACT
None.
ATTACHMENTS
1. Applications
Reviewed by: Approved by:
Gary Y. Sugano Andrew Vialpando
Assistant City Manager City Manager
Prepared by:
Kathleen Horn Gregory, MMC
City Clerk
June 4, 2024, Reg. CC Mtg., Page # 322
Attachment No 1
June 4, 2024, Reg. CC Mtg., Page # 323
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June 4, 2024, Reg. CC Mtg., Page # 338
1 TO: City Council
FROM: Andew Vialpando City Manager
PREPARED BY: Emma Kelley, Parks & Recreation Director
MEETING DATE: June 4, 2024
SUBJECT: Discussion and Consideration of a Professional Services Agreement with James Event Productions, Inc. for Founder’s Day 2024 Equipment Rental and Fiscal Year 2022-24 Budget Appropriation
RECOMMENDATION
Authorize the City Manager to execute an agreement with James Event Productions Inc. for the Founder’s Day 2024 Equipment Rental in the amount of $47,750; and appropriate an additional $55,000 from the Fiscal Year 2024 General Fund Available Balance for the Founders Day Celebration event for a total amount of $205,000.
BACKGROUND
At its meeting on December 19, 2023, the City Council approved the 60th anniversary celebratory events for 2024. The Founders Day Celebration event will kick off our yearlong celebration of community events. A Founders Day Celebration Ad-Hoc Committee was subsequently appointed by the City Council. The Ad-Hoc consists of community stakeholders and two City Councilmembers, Mayor Pro-Tem Waronek and Councilmember Segawa and have met nine times to steer the planning of the event.
Founders Day is a two-day event on June 29th and June 30th where the City closes Narbonne Ave from 241st to Lomita Blvd. For the duration of the event, carnival rides, game booths, live music, food trucks, and vendors will set up on the street to help celebrate our 60th Anniversary.
DISCUSSION
Following last year’s 2023 Founders Day Celebration, a questionnaire was sent to Lomita residents requesting feedback and input on features they would like to see for future Founders Day events. Subsequently, staff presented the survey results to the City’s Special Event Ad-Hoc Committee. The survey results indicated that 46% of residents
CITY OF LOMITA
CITY COUNCIL REPORT
Item No SCH 8c
June 4, 2024, Reg. CC Mtg., Page # 339
2 wanted to see more rides and attractions for the 60th Anniversary celebration. Based on these findings, the Ad-Hoc Committee advised staff to plan for more rides and attractions.
Among the many features scheduled for the event is a series of carnival booths, rides, and equipment. Staff received one responsive proposal from James Event Production, Inc. at a cost of $47,750. Pursuant to the City’s Purchasing Ordinance Section 2-6.07 of the Lomita Municipal Code, any purchases or rentals over $20,000 require City Council approval.
Staff is recommending entering into an Agreement with James Event Productions Inc. for Founders Day 2024 Equipment Rentals. James Event Productions Inc. is the leading event production company in Southern California. Their experienced team of sales, management and production professionals brings the combined experience of more than 250 years of event planning to your special event.
Budget Appropriation
Due to the increased size and scope of the event, coupled with the limited availability of equipment given competing events in the area, expected costs for the event have exceeded early projections. The FY 2022-24 Adopted Budget included $150,000 for the event. Staff projects event costs to approach $205,000. If approved by the City Council, a budget amendment to appropriate an additional $55,000 in the FY 2022-24 Adopted Budget would be necessary.
FISCAL IMPACT
The FY 2022-24 Adopted Budget includes $150,000 for the 2024 Founders Day Celebration. An additional appropriation of $55,000 from the Fiscal Year 2024 General Fund Available Balance for the Founders Day Celebration event for a total of $205,000.
OPTIONS
1. Move staff recommendation.
2. Provide staff with other direction.
ATTACHMENTS
1. James Event Productions INC. Agreement with exhibits
2. List of Projected Expenses
June 4, 2024, Reg. CC Mtg., Page # 340
3 Reviewed by: Approved by:
___________________________
Gary Y. Sugano Andew Vialpando
Assistant City Manager City Manager
Prepared by:
__________________________
Emma Kelley
Parks & Recreation Director
June 4, 2024, Reg. CC Mtg., Page # 341
CONTRACT FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF LOMITA AND JAMES EVENT PRODUCTIONS, INC.
This AGREEMENT for equipment and attraction rentals is entered into this 4 th day of
June 2024, by and between the CITY OF LOMITA, a general law city and municipal corporation (“CITY”) and JAMES EVENT PRODUCTION, INC (“CONTRACTOR”).
R E C I T A L S
A. CITY does not have the personnel able and/or available to perform the services required under this agreement.
B. Therefore, CITY desires to contract out for equipment and attraction rentals.
C. CONTRACTOR warrants to CITY that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.
D. CITY desires to contract with CONTRACTOR to perform the services as described in Exhibit A of this Agreement.
NOW, THEREFORE, based on the foregoing recitals, CITY and CONTRACTOR agree as follows:
1. CONSIDERATION AND COMPENSATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, attached as Exhibit A;
B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONTRACTOR an amount not to exceed $47,750.00 for CONTRACTOR’s services, unless otherwise specified by written amendment to this Agreement.
D. CITY agrees to pay CONTRACTOR a deposit of $23,875.00 upon signing of this Agreement by both parties. The remaining balance shall be paid on June 21, 2024.
E. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his designee.
Attachment No. 1
June 4, 2024, Reg. CC Mtg., Page # 342
2. SCOPE OF SERVICES.
A. CONTRACTOR will perform the services and activities set forth in the SCOPE OF SERVICES attached hereto as Exhibit A and incorporated herein by this reference.
If any part of Exhibit A is inconsistent with the terms of this Agreement, the terms of this Agreement shall control.
B. Except as herein otherwise expressly specified to be furnished by CITY, CONTRACTOR will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement.
3. PAYMENTS. For CITY to pay CONTRACTOR as specified by this Agreement, CONTRACTOR must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period.
4. TIME OF PERFORMANCE.
A. The services of CONTRACTOR are to commence upon receipt of a notice to proceed from CITY and shall continue until all authorized work is completed to CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by CITY.
B. CITY may request to postpone the event by notifying CONTRACTOR in writing no less than one (1) day before the date of the event in the case of Acts of God, as defined as flash floods, tornado, hurricane, windstorm, earthquake or other natural disasters or when performance of this Agreement would be otherwise inadvisable, commercially impracticable, illegal, or impossible due to an event or circumstance beyond the parties’ control. Upon receiving such a request, CONTRACTOR will make reasonable efforts to reschedule the event within twelve (12) months of the date of the event. CONTRACTOR will apply any deposits received from CITY toward any expenses CONTRACTOR incurs as a result of the postponement, with the balance applying toward the contract price for the rescheduled event.
5. FAMILIARITY WITH WORK. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
6. KEY PERSONNEL. CONTRACTOR’s key person assigned to perform work under this Agreement is James Event Production INC. CONTRACTOR shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of CITY.
June 4, 2024, Reg. CC Mtg., Page # 343
7. TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on July 1, 2024, unless earlier termination occurs under Section 12 of this Agreement, or extended in writing in advance by both parties.
8. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONTRACTOR and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
9. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number.
10. PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all permits, licenses, and certificates that may be required by local, state and federal laws in connection with the performance of services under this Agreement, including a business license as specified in Title VI, Chapter 2 of the Lomita Municipal Code.
11. LAWS AND REGULATIONS; EMPLOYEE/LABOR CERTIFICATION.
CONTRACTOR shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. CONTRACTOR shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for CITY to terminate the Agreement for cause.
12. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing.
B. CONTRACTOR may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date.
C. In the event of such termination, CONTRACTOR shall cease services as of the date of termination, all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONTRACTOR shall, at CITY’s option, become CITY’s property, and CONTRACTOR will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination.
D. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
13. INDEMNIFICATION.
June 4, 2024, Reg. CC Mtg., Page # 344
A. CONTRACTOR shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorney’s fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of CITY. Should CITY in its sole discretion find CONTRACTOR’S legal counsel unacceptable, then CONTRACTOR shall reimburse CITY its costs of defense, including without limitation reasonable attorney’s fees, expert fees and all other costs and fees of litigation.
CONTRACTOR shall promptly pay any final judgment rendered against CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
B. The requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR as required by Section 18, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
14. ASSIGNABILITY. This Agreement is for CONTRACTOR’s professional services.
CONTRACTOR’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.
15. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only.
16. AUDIT OF RECORDS.
A. CONTRACTOR agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement.
CONTRACTOR agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, June 4, 2024, Reg. CC Mtg., Page # 345
records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement.
CONTRACTOR further agrees to maintain such records for a period of three (3) years following final payment under this Agreement.
B. CONTRACTOR will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement.
17. CORRECTIVE MEASURES. CONTRACTOR will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONTRACTOR will be given a reasonable amount of time as determined by CITY to implement said corrective measures. Failure of CONTRACTOR to implement required corrective measures shall result in immediate termination of this Agreement.
18. INSURANCE REQUIREMENTS.
A. CONTRACTOR, at CONTRACTOR’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:
1. Workers Compensation Insurance as required by law. CONTRACTOR shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against CITY, its officers, agents, employees, and volunteers for losses arising from work performed by CONTRACTOR for CITY.
2. General Liability Coverage. CONTRACTOR shall maintain commercial general liability insurance in an amount of not less than three million dollars ($3,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
3. Automobile Liability Coverage. CONTRACTOR shall maintain automobile liability insurance covering bodily injury and property damage for all activities of CONTRACTOR arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
4. Professional Liability Coverage. CONTRACTOR shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from June 4, 2024, Reg. CC Mtg., Page # 346
CONTRACTOR’S operations under this Agreement, whether such operations be by CONTRACTOR or by its employees, subcontractors, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per-occurrence basis. When coverage is provided on a “claims made basis,” CONTRACTOR will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated.
Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement and will cover CONTRACTOR for all claims made by CITY arising out of any errors or omissions of CONTRACTOR, or its officers, employees or agents during the time this Agreement was in effect.
B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by CITY, and shall be endorsed as follows. CONTRACTOR also agrees to require all contractors, and subcontractors to do likewise.
1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONTRACTOR, including materials, parts, or equipment furnished in connection with such work or operations.”
2. This policy shall be considered primary insurance as respects CITY, its elected or appointed officers, officials, employees, agents, and volunteers.
Any insurance maintained by CITY, including any self-insured retention CITY may have, shall be considered excess insurance only and shall not contribute with this policy.
3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
4. The insurer waives all rights of subrogation against CITY, its elected or appointed officers, officials, employees, or agents.
5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to CITY, its elected or appointed officers, officials, employees, agents, or volunteers.
6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days’ written notice has been received by CITY.
C. CONTRACTOR agrees to provide immediate notice to CITY of any claim or June 4, 2024, Reg. CC Mtg., Page # 347
loss against Contractor arising out of the work performed under this agreement.
CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
D. Any deductibles or self-insured retentions must be declared to and approved by CITY. At CITY’s option, CONTRACTOR shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
E. CONTRACTOR shall provide certificates of insurance with original endorsements to CITY as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with CITY at all times during the term of this Agreement.
F. Failure on the part of CONTRACTOR to procure or maintain required insurance shall constitute a material breach of contract under which CITY may terminate this Agreement pursuant to Section 12 above.
G. The commercial general and automobile liability policies required by this Agreement shall allow CITY, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the CONTRACTOR (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CONTRACTOR’S behalf upon CONTRACTOR’S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.
19. USE OF OTHER CONTRACTORS. CONTRACTOR must obtain CITY’s prior written approval to use any Contractors while performing any portion of this Agreement. Such approval must include approval of the proposed Contractor and the terms of compensation.
20. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONTRACTOR of the final payment made under this Agreement shall operate as and be a release of CITY from all claims and liabilities for compensation to the CONTRACTOR for anything done, furnished or relating to the CONTRACTOR’S work or services. Acceptance of payment shall be any negotiation of CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval June 4, 2024, Reg. CC Mtg., Page # 348
or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONTRACTOR, its employees, sub-Contractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by CITY for any defect or error in the work prepared by CONTRACTOR, its employees, sub-Contractors and agents.
21. CORRECTIONS. In addition to the above indemnification obligations, the CONTRACTOR shall correct, at its expense, all errors in the work which may be disclosed during CITY’S review of CONTRACTOR’S report or plans. Should the CONTRACTOR fail to make such correction in a reasonably timely manner, such correction shall be made by CITY, and the cost thereof shall be charged to CONTRACTOR. In addition to all other available remedies, CITY may deduct the cost of such correction from any retention amount held by CITY or may withhold payment otherwise owed CONTRACTOR under this Agreement up to the amount of the cost of correction.
22. NON-APPROPRIATION OF FUNDS. Payments to be made to CONTRACTOR by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONTRACTOR’S services beyond the current fiscal year, the Agreement shall cover payment for CONTRACTOR’S only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
23. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
CITY CONTRACTOR
City of Lomita
24300 Narbonne Avenue
Lomita, CA 90717
ATTN: City Manager
1116 North Olive Street
Anaheim CA 92801
ATTN: Jason Thibert
James Events Production INC.
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.
24. SOLICITATION. CONTRACTOR maintains and warrants that it has not employed nor retained any company or person, other than CONTRACTOR’s bona fide June 4, 2024, Reg. CC Mtg., Page # 349
employee, to solicit or secure this Agreement. Further, CONTRACTOR warrants that it has not paid nor has it agreed to pay any company or person, other than CONTRACTOR’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONTRACTOR breach or violate this warranty, CITY may rescind this Agreement without liability.
25. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONTRACTOR and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONTRACTOR’s or CITY’s obligations under this Agreement.
26. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
27. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written.
28. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
29. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s city administrator, or designee, may execute any such amendment on behalf of CITY.
30. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission, scanned and delivered via electronic mail, or delivered using digital signature technology approved by CITY. Such facsimile or electronic signatures will be treated in all respects as having the same effect as an original signature.
31. FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other.
32. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided.
June 4, 2024, Reg. CC Mtg., Page # 350
33. ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.
34. STATEMENT OF EXPERIENCE. By executing this Agreement, CONTRACTOR represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY.
CONTRACTOR represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private Contractors, and experience in dealing with public agencies all suggest that CONTRACTOR is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency.
35. DISCLOSURE REQUIRED. (CITY and CONTRACTOR initials required at one of the following paragraphs)
By their respective initials next to this paragraph, CITY and CONTRACTOR hereby acknowledge that CONTRACTOR is a “contractor” for the purposes of the California Political Reform Act because CONTRACTOR’S duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a)(2) or otherwise serves in a staff capacity for which disclosure would otherwise be required were CONTRACTOR employed by CITY. CONTRACTOR hereby acknowledges his or her assumingoffice, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the CITY’S Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to Contractor commencing services hereunder, the City’s Manager shall prepare and deliver to CONTRACTOR a memorandum detailing the extent of CONTRACTOR’S disclosure obligations in accordance with the CITY’S Conflict of Interest Code.
City Initials ______
Contractor Initials ______
OR
By their initials next to this paragraph, CITY and CONTRACTOR hereby acknowledge that CONTRACTOR is not a “contractor” for the purpose of the California Political Reform Act because CONTRACTOR’S duties and responsibilities are not within the scope of the definition of contractor in Fair Political Practice Commission Regulation 18700.3(a)(2) and is otherwise not serving in staff capacity in accordance with CITY’S Conflict of Interest Code.
City Initials ______
June 4, 2024, Reg. CC Mtg., Page # 351
Contractor Initials ______
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF LOMITA CONTRACTOR
Andrew Vialpando, City Manager By: Jason Thibert
James Event Productions INC.
ATTEST:
Kathleen Horn Gregory, MMC,
City Clerk
Taxpayer ID No.
APPROVED AS TO FORM:
Trevor Rusin, City Attorney
June 4, 2024, Reg. CC Mtg., Page # 352
5.30.2024 Page 1 of 5
May 30, 2024
Emma Kelley
CITY OF LOMITA
24300 Narbonne Ave.
Lomita, CA 90717
[email protected]
310.326.0140
EQUIPMENT AND ATTRACTION RENTAL CONTRACT
JAMES EVENT PRODUCTIONS, INC., 1116 N. Olive St., Anaheim, CA 92801-2541 (hereinafter referred to as "Producer") and City of Lomita (hereinafter referred to as "Client") hereby enter into this contract for Producer to rent equipment and/or amusement attractions as described below to Client.
DATE: Saturday & Sunday, June 29-30, 2024
TIME: Saturday, June 29: 10:00 am – 9:30 pm
Sunday, June 30: 10:00 am – 6:00 pm
SET UP TIME: Friday, June 28, 2024 after 1:00 PM TBD
(Exact time to be determined week of your event. Be assured that all equipment will be delivered and in place within a reasonable amount of time prior to your event.)
LOCATION: Lomita City Hall
24300 Narbonne Ave, Lomita, CA 90717
CONTACT: Emma C: 310.745.6990 / 424.305.0029
Ross C: 310.597.6425
JOB #: 08189-JT
Signed contract must be received in our office by Friday, May 31, 2024 to ensure all items are held for your event.
50% Deposit must be received in our office by Friday, June 7, 2024.
Exhibit A
June 4, 2024, Reg. CC Mtg., Page # 353
5.30.2024 Page 2 of 5
DATE: Saturday & Sunday, June 29-30, 2024
TIME: Saturday, June 29: 10:00 am – 9:30 pm
Sunday, June 30: 10:00 am – 6:00 pm
SET UP TIME: Friday, June 28, 2024, after 1:00 PM TBD
(Exact time to be determined week of your event. Be assured that all equipment will be delivered and in place within a reasonable amount of time prior to your event.) LOCATION: Lomita City Hall
24300 Narbonne Ave, Lomita, CA 90717
CONTACT: Emma C: 310.745.6990 / 424.305.0029
Ross C: 310.597.6425
JOB #: 08189-JT
Producer will provide the following:
ATTRACTIONS
On Narbonne Ave
Ferris Wheel
25’ x 55’ space needed
48” tall min to ride alone
Giant Slide
25’ x 115’ space needed
42” tall min
Rockwall
45’ x 25’ space needed
42” tall & 45lbs min & 225lbs max
Must have closed toe shoes
Wizzer
25’ x 25’ space needed
42” tall min to ride alone
Orbitron
15’ x 15’ space needed
42” tall min
James Express Trackless Train
with staff or prizes
Narbonne Lot (kid area)
Sm Swing Chair
35’ x 35’ space needed
36” tall min & 75lbs max
Traffic Circle
20’ x 20’ space needed
36” tall min & 75lbs max
Kids Carouse
25’ x 25’ space needed
36” tall min to ride alone & 75lbs max on horse
Lg Pirate
20’ x 30’ space needed
36” tall min to ride alone
Management / Insurance
Power and Distribution
Labor/Delivery
All Attendants and Operation.
Any permits required are the responsibility of the client.
June 4, 2024, Reg. CC Mtg., Page # 354
5.30.2024 Page 3 of 5
1. Terms of Payment
A. Client will pay $47,750.00 to Producer for the above-described equipment or attraction rental.
This amount represents a cash or check discount. There will be a 3.65% cost increase for all other transactions.
B. Upon signing of this agreement, Client agrees to pay to Producer a 50% deposit of $23,875.00.
The balance of the Contract is due by Friday, June 21, 2024.
2. Insurance
Producer will provide comprehensive general liability insurance and property damage in the total amount of Three Million Dollars ($3,000,000.00). Producer agrees to provide liability and property damage insurance in the amount of $3,000,000.00 naming your organization as additionally insured, a certificate for which to be issued by Producer's insurance company, if requested by Client, prior to the date of equipment or attraction rental. Client will provide Producer with a copy of comprehensive general liability insurance and property damage naming James Productions, Inc as additionally insured. Certificate to be provided prior to the event.
3. Indemnity
Client shall indemnify and hold harmless, Producer, its employees, executives and agents from and against any and all damages, liabilities, claims, costs, expenses, attorney’s fees, etc. incurred by Producer directly or indirectly, in connection with the rental of the above named rental equipment and/or attraction or attractions. Any injuries, damages or losses must be reported by any person to Producer on the day of the Event and failure to report such injury, damage or loss in writing may result in a waiver of insurance coverage. In such event, Producer shall bear no responsibility for such injury or damage.
4. Condition of Rental Equipment
Producer agrees to deliver equipment for rental in a safe and fully operable condition. Client agrees that all of Producer's safety instructions will be followed and assumes full liability for any damage to equipment as a result of Client's or any of Client's guests or Client's employees', executives' or agents' failure to follow Producer's instructions concerning said equipment.
June 4, 2024, Reg. CC Mtg., Page # 355
5.30.2024 Page 4 of 5
5. Cancellation
A. Client may cancel the Event by notifying Producer in writing, but such cancellation shall be subject to the following schedule of cancellation fees to be deducted from the deposit on hand or, if insufficient, to be paid with additional funds from Client to Producer:
1. If Producer receives Client’s written cancellation more than ninety (90) days before the date of the Event, the cancellation fee due from Client to Producer shall be 50% of the full contract price of the Event.
2. If Producer receives Client’s written cancellation between thirty (30) and ninety (90) days before the date of the Event, the cancellation fee due from Client to Producer shall be 75% of the full contract price of the Event.
3. If Producer receives Client’s written cancellation less than thirty (30) days before the date of the Event, the cancellation fee due from Client to Producer shall be 100% of the full contract price of the Event.
6. Postponement
A. Client may request to postpone the Event by notifying Producer in writing no less than thirty (30) days before the date of the Event. Upon receiving such a request, Producer will make reasonable efforts to reschedule the Event within twelve (12) months of the date of the Event.
Producer will apply any deposits received from Client toward any expenses Producer incurs as a result of the postponement, with the balance applying toward the contract price for the rescheduled Event.
B. Client may request to postpone the Event by notifying Producer in writing no less than one (1) day before the date of the Event in the case of Acts of God, as defined as flash floods, tornado, hurricane, windstorm, earthquake or other natural disasters or when performance of this Agreement would be otherwise inadvisable, commercially impracticable, illegal, or impossible due to an event or circumstance beyond the parties’ control. Upon receiving such a request, Producer will make reasonable efforts to reschedule the Event within twelve (12) months of the date of the Event. Producer will apply any deposits received from Client toward any expenses Producer incurs as a result of the postponement, with the balance applying toward the contract price for the rescheduled Event.
C. If, after reasonable efforts, Producer is unable to reschedule the Event within twelve (12) months of the date of the Event, Producer will retain any deposits received from Client as its full fee, and neither party shall have any further obligations to the other party under this Agreement.
June 4, 2024, Reg. CC Mtg., Page # 356
5.30.2024 Page 5 of 5
7. Inclement Weather or Acts of God
If the Client requests cancellation due to substantial inclement weather or acts of God, such as flooding, windstorm, earthquake and/or a public health emergency mandated by the CDC and Federal Government”, the Producer will make reasonable efforts to reschedule the Event.
Written notification of such requests by Client must be received by the Producer at its office not less than one (1) day prior to the Event. If the parties mutually agree prior to the Event to cancel and reschedule the Event, any deposits received from Client will be applied to the contract price for the rescheduled Event. If Producer, after reasonable efforts, is not able to reschedule the Event within twelve (12) months of the originally scheduled Event, the Producer will retain the deposits received from Client as its full fee and neither party shall have any further obligations to the other under this agreement. The final decision as to whether the cancellation of an Event should be held due to inclement weather or acts of God shall be at the sole discretion of the Producer. However, discretion shall be reasonably applied.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement which is effective on the date and year when executed by Producer.
A signed copy of this contract must be sent to James Event Productions prior to the Event date.
JAMES EVENT PRODUCTIONS, INC. CITY OF LOMITA
Jason Thibert Print
Date Sign
Date
June 4, 2024, Reg. CC Mtg., Page # 357
Founders Day Expenditure 2024
Fireworks America $19,000.00
Cinewav $495.00
Fun Services $28,720.00
James Event Production $47,750.00
Portable Restroom $4,269.10
Fencing $1,305.00
Mobile Stage $5,250.00
Sound System $5,070.00
Midnight Ride $1,500.00
Kelly Boyz $2,300.00
80’s All Starz $2,500.00
AbSOULute Band $1,800.00
Good Cop Bad Cop $825.00
Event Posters $200.00
Poster Design $100.00
Street Banner $233.33
Stage Banners $300.00
Table & Umbrella $925.50
Traffic Control $17,000.00
Night Security $9,750.00
LASD $23,000.00
60th Hats $9,233.44
Pins $5,218.30
60th Calendars $5,701.00
Water Bill insert $376.20
McCormick Ambulance $4,875.00
Ride/Game Wristband $303.65
Event Insurance $5,000.00
Miscellaneous $2,000.00
Grand Total $ 205,000.52
Attachment No. 2
June 4, 2024, Reg. CC Mtg., Page # 358
1 TO: City Council
FROM: Andrew Vialpando, City Manager
REVIEWED BY: Carla Dillon, P.E., Public Works Director
PREPARED BY: Frederic Aboujaoude, P.E., Principal Engineer MEETING DATE: June 4, 2024
SUBJECT: Discussion and Consideration to Adopt a Resolution Approving the City of Lomita’s Landscape Maintenance District No. 1 charges for Fiscal Year 2024-2025
RECOMMENDATION
Conduct the required public hearing, and adopt Resolution 2024-19 approving the Landscape Maintenance District No. 1 assessment for FY 2024-25.
BACKGROUND
At its regular scheduled meeting of April 16, 2024, the City Council adopted Resolution No. 2024-90 approving the Engineer’s Report for Landscape Maintenance District No. 1 for FY 2024-25, declaring the intent to levy and collect assessments within the Landscape Maintenance District No. 1, and setting a public hearing date of June 4, 2024. On April 2, 2024, the City Council adopted Resolution No. 2024-04 directing the Public Works Director to prepare and file the engineer’s report for LMD No. 1. The report is attached.
The total estimated cost of maintaining LMD No. 1 for fiscal year 2024-25, including the maintenance contractor, water, electricity, irrigation maintenance, tree trimming, and miscellaneous clean up and repair is $23,856.54. The current assessment on the 211 properties is $55.63 per parcel, for a total of $11,737.93, leaving a $12,118.61 shortfall proposed to be funded by the City’s general fund.
The attached resolution would approve the recommended continuation of the assessment of $55.63 per parcel within LMD No. 1 for fiscal year 2024-25. The Item No. PH 9a
CITY OF LOMITA
CITY COUNCIL REPORT
June 4, 2024, Reg. CC Mtg., Page # 359
2 assessment will be included on the property tax bill prepared by the County of Los Angeles.
OPTIONS:
1) Approve staff’s recommendation.
2) Provide alternative direction.
FISCAL IMPACT
The funds collected within the District will be utilized to maintain the areas incorporated within the District for Fiscal Year 2024-25. The general fund would subsidize the projected shortfall.
ATTACHMENT
1. Resolution
Reviewed by: Approved by:
___________________________
Gary Y. Sugano Andrew Vialpando
Assistant City Manager City Manager
Prepared by:
___________________________
Carla Dillon, P.E. Frederic Aboujaoude, P.E.
Public Works Director Principal Engineer
June 4, 2024, Reg. CC Mtg., Page # 360
RESOLUTION NO. 2024-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LOMITA, CALIFORNIA, APPROVING THE CITY OF LOMITA’S
LANDSCAPE MAINTENANCE DISTRICT NO. 1 CHARGES FOR
FISCAL YEAR 2024-25
SECTION 1. Recitals.
A. In 1979, the City Council created Lomita Landscape Maintenance District No. 1, which is located in the southeastern quadrant of the City.
B. The annual assessment is currently $55.63 for the purpose of landscape maintenance.
C. The City Council desires to collect the annual assessment on the County tax roll.
D. On April 2, 2024, the City Council adopted a resolution directing the Public Works Director/City Engineer to prepare and file a report in accordance with the Landscaping and Lighting Act of the Streets and Highway Code of the State of California.
E. The Public Works Director/City Engineer (the designated Engineer) in accordance with Section 22623 of the Act and provisions of the Municipal Code prepared and filed with the City Clerk an Engineer’s Report for the Fiscal Year 2024-25 and said report was presented to the City Council on April 16, 2024, and is attached hereto as Exhibit A (Engineer’s Report). The report contains a full and detailed description of the improvements, the boundaries of the assessment district, and the proposed assessments upon assessable lots and parcels of land within the district.
F. On April 16, 2024, the City Council adopted a resolution approving the Engineer’s Report and declaring the intention of the City Council to levy and collect assessments within the Lomita Landscape Maintenance District No. 1, for the fiscal year commencing July 1, 2024, to and ending June 30, 2025.
G. On June 4, 2024, a duly noticed public hearing was held relating to the continued collection of the assessment on the tax rolls, at which time the City Council heard and considered public comment.
H. The City Council has examined and reviewed the Engineer’s Report, and is satisfied with the description of the District, the improvements identified therein, each of the budget items and documents , and is satisfied that the proposed assessments and charges have been spread proportionately in Attachment No 1
June 4, 2024, Reg. CC Mtg., Page # 361
Resolution No. 2024-19
accordance with the special benefit each property receives from the improvements, operation, maintenance and services to be performed, as set forth in said Engineer’s Report or as modified by Council action and incorporated herein.
I. A majority protest on the continuation of the annual assessment has not been filed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOMITA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 2. In accordance with California Streets and Highways Code Section 22631, the boundary diagram of the Engineer’s Report showing assessable lots and parcels of land within the district is hereby confirmed and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.
SECTION 3. In accordance with the California Streets and Highways Code Section 22631, the City Council considered the Engineer’s Report and after such consideration, the City Council hereby confirms the assessment of $55.63 for each of the 211 parcels described in said report, for a total FY 2024-25 assessment amount of $11,737.93.
SECTION 4. For all parcels designated in the Report, the assessment shall be collected by the County of Los Angeles Tax Collector, at the same time and in the same manner as property taxes, together with the City and County property taxes and shall constitute an assessment on the parcels from which it is due.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution and, in accordance with California Streets and Highways Code Section 22641, immediately file the diagram and assessment, or a certified copy thereof, with the County of Los Angeles Tax Collector.
[Signatures on the following page]
June 4, 2024, Reg. CC Mtg., Page # 362
Resolution No. 2024-19
PASSED, APPROVED AND ADOPTED this 4
th day of June 2024.
_____________________________
William Uphoff, Mayor
ATTEST:
______________________________
Kathleen Horn Gregory, CMC, City Clerk
APPROVED AS TO FORM:
__________________________________
Trevor Rusin, City Attorney
June 4, 2024, Reg. CC Mtg., Page # 363
Exhibit A
CITY OF LOMITA
ENGINEER'S REPORT
PROPOSED ASSESSMENT
FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 1
TRACT 25201 (ROLLING RANCHOS)
COMMENCING FISCAL YEAR 2024/2025
INTENT MEETING: April 16, 2024
PUBLIC HEARING: June 4, 2024
Prepared By:
Frederic Aboujaoude, P.E.
Principal Engineer
June 4, 2024, Reg. CC Mtg., Page # 364
Engineer’s Report
Landscape Maintenance District No. 1
Fiscal Year 2024/2025
Proposed Assessment
Affidavit for the Engineer's Report
CITY OF LOMITA
LANDSCAPE MAINTENANCE DISTRICT NO.: 1
Tract 25201 (Rolling Ranchos)
Fiscal Year 2024/2025
This Report and the enclosed budget, assessments, diagram and descriptions outline the assessments to be levied for properties within the City of Lomita Landscape Maintenance District No.: 1, incorporating Tract 25201 (Rolling Ranchos) for Fiscal Year 2024/2025, pursuant to a resolution of the City Council as amended based on the majority protest proceedings for a proposed assessment increase. Reference is hereby made to the Los Angeles County Assessor's maps for a detailed description of the lines and dimensions of parcels within Landscape Maintenance District No. 1, Tract 25201 (Rolling Ranchos). The undersigned respectfully submits the enclosed Report as directed and amended by the City Council and pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500.
Dated this 16th day of April 2024
Prepared By:
Frederic Aboujaoude, P.E.
Principal Engineer
June 4, 2024, Reg. CC Mtg., Page # 365
Engineer’s Report
Landscape Maintenance District No. 1
Fiscal Year 2024/2025
Proposed Assessment
Introduction
The purpose of this Engineer's Report (hereinafter referred to as the "Report) is to set forth the engineering analysis and findings for the annual levy of assessments for the City of Lomita Landscape Maintenance District No.: 1 (hereinafter referred to as the "District"), for Fiscal Year 2024/2025, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereafter referred to as the "1972 Act"), and in compliance with the provisions of the California State Constitution Article XIIID (hereafter referred to as the "California Constitution").
This Report has been prepared pursuant to the order of the City Council of the City of Lomita (hereinafter referred to as the "City") for the annual levy of assessments for the District in accordance with Chapter 3, Section 22622 of the 1972 Act. The District was originally formed in 1979 and the City has annually levied assessments on properties within the District for the purpose of funding the annual maintenance, operation and servicing of the parkway landscaping and trail along the north side of Palos Verdes Drive North, that was installed in connection with and immediately adjacent to the residential development identified as Tract 25201 (Rolling Ranchos) which comprises all properties within the District.
As a result, this Report addresses the proposed assessment for Fiscal Year 2024/2025 based on an estimate of the current annual cost for the City to provide such improvements for the benefit of properties within the District. These annual costs and the resulting proposed assessment rate described herein, includes the estimated expenditures, revenues and fund balances that the City has estimated as necessary to properly maintain and service the improvements associated with the District.
The City Council may approve this Report as submitted or amended; and confirm and order the levy and collection of assessments so approved. In such case, the assessments for Fiscal Year 2024/2025 as approved or amended by the City Council shall be submitted to the County Auditor/Controller for inclusion on the property tax roll for each affected parcel.
For the purposes of this Report, the word "parcel" refers to an individual property assigned its own Assessor Parcel Number by the Los Angeles County Assessor's Office. The Los Angeles County Auditor/Controller uses Assessor Parcel Numbers and specific Fund Numbers to identify properties assessed for special benefit assessments on the tax roll.
This report consists of five (5) parts:
June 4, 2024, Reg. CC Mtg., Page # 366
Engineer’s Report
Landscape Maintenance District No. 1
Fiscal Year 2024/2025
Proposed Assessment
Part I
Plans and Specifications: A general description of the District boundaries and the proposed improvements for which parcels are assessed. The parcels within the District are inclusive the residential development identified as Tract 25201 (Rolling Ranchos) and the proposed assessments as outlined in this Report are based on the improvements that provide a special benefit to the properties within the District.
Part II
The Method of Apportionment: A discussion of benefits the improvements and services provide to properties within the District and the method of calculating each property's proportional special benefit and annual assessment. This section also identifies and outlines the Assessment Range Formula that provides for an annual adjustment to the initial maximum assessment rate identified in this Report, thereby establishing set limits on future assessments, but also providing for reasonable cost adjustments due to inflation.
Part IlI
The Proposed Budgets: An estimate of the annual costs to operate, maintain, and service the landscape improvements and appurtenant facilities. This budget includes an estimate of anticipated annual direct maintenance costs and incidental expenses including, but not limited to labor, materials, equipment and administration expenses as well as the collection of appropriate fund balances necessary to support the improvements for the District. The proposed maximum assessment rate identified in the budget of this Report establishes the proposed new maximum assessment rate for Fiscal Year 2024/2025 and shall be adjusted annually by the Assessment Range Formula described in the method of apportionment.
Part IV
Boundary Diagram: A Diagram showing the exterior boundaries of the District is provided in this Report and includes all parcels determined to receive special benefits from the improvements. Parcel identification, the lines, and dimensions of each lot, parcel, and subdivision of land within the District are shown on the Los Angeles County Assessor's Parcel Maps and shall include any subsequent lot line adjustments or parcel changes therein. Reference is hereby made to the Los Angeles County Assessor's Parcel Maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District. A diagram showing the overall boundaries of the District is on file with the City Clerk and the Lomita Public Works Department, and by reference is made part of this Report.
June 4, 2024, Reg. CC Mtg., Page # 367
Engineer’s Report
Landscape Maintenance District No. 1
Fiscal Year 2024/2025
Proposed Assessment
Part V
Proposed Assessments: A listing of the calculated maximum assessment amount associated with each parcel within the District. The calculated maximum assessment amount described herein constitutes an increase to the previously adopted maximum assessment and this new assessment will be presented to the property owners of record in a ballot proceeding as required pursuant to the provisions of the California Constitution. Said new or increased assessment represents each parcel's calculated proportional amount of the improvement costs proposed commencing in Fiscal Year 2024/2025 based on the estimated net annual cost to maintain and service the improvements as outlined in the budget(s) and method of apportionment contained in this Report.
June 4, 2024, Reg. CC Mtg., Page # 368
Engineer’s Report
Landscape Maintenance District No. 1
Fiscal Year 2024/2025
Proposed Assessment
Part I – Plans and Specifications
Description of the District
In general, the District provides for the continued maintenance, servicing, and operation of the landscape improvements and appurtenant facilities located within the public rightof-way adjacent to the residential development identified as Tract 25201 (Rolling Ranchos) within the City. This residential development and the improvements are located on the north side of Palos Verdes Drive North, generally between Western Avenue (on the east) and Rolling Vista Drive (on the west). The properties within the District include two hundred and eleven (211) Single-Family Residential properties identified on all or a portion of Book 7549 Pages 01 through 05 of the Los Angeles County Assessor's Parcel Maps.
Improvements and Services
Improvements and Services Authorized by the 1972 Act
As generally defined by the 1972 Act and may be applicable to this Districts as well as the Consolidated District, the improvements and associated assessments may include one or more of the following:
• The installation or planting of landscaping;
• The installation or construction of statuary, fountains, and other ornamental structures and facilities;
• The installation or construction of public lighting facilities including, but not limited to streetlights and traffic signals;
• The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof;
The installation of park or recreational improvements, including, but not limited to, all of the following:
• Land preparation, such as grading, leveling, cutting, and filling, sod, landscaping, irrigation systems, sidewalks, and drainage.
• Lights, playground equipment, play courts, and public restrooms. • The acquisition of land for park, recreational, or open-space purposes or any existing improvement otherwise authorized pursuant to this section.
The maintenance or servicing, of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement including but not limited to:
June 4, 2024, Reg. CC Mtg., Page # 369
Engineer’s Report
Landscape Maintenance District No. 1
Fiscal Year 2024/2025
Proposed Assessment
• Repair, removal, or replacement of all or any part of any improvements; • Grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities;
• Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury;
• The removal of trimmings, rubbish, debris, and other solid waste; • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti;
• Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; • Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.
Incidental expenses associated with the improvements including, but not limited to:
• The costs of the report preparation, including plans, specifications, estimates, diagram, and assessment;
• The costs of printing and advertising, and publishing, posting and mailing of notices;
• Compensation payable to the County for collection of assessments; • Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
• Costs associated with any elections held for the approval of a new or increased assessment.
Description of the Improvements
Generally, the District was established to ensure the ongoing maintenance, operation, servicing of the landscape improvements, trails (pathways), appurtenant improvements, and facilities within the public right-of-way on the north side of Palos Verdes Drive North. The construction and installation of the path within this right-of-way was financed by a state grant in conjunction with the City of Rolling Hills Estates and the landscaping and irrigation system was constructed by force account utilizing City and California Conservation Corps personnel. Originally, the annual assessments for properties within the District were established to fully fund the annual maintenance and servicing of these improvements, but over time the annual assessment revenues no longer support the full maintenance of these improvements and over time, it has been necessary for the City to utilize increasingly more General Fund revenues to support the cost of these improvements.
The maintenance and servicing of the improvements generally includes, but is not limited to all materials, equipment, utilities, labor and incidental expenses required for the annual operation and maintenance of such improvements, as well as the June 4, 2024, Reg. CC Mtg., Page # 370
Engineer’s Report
Landscape Maintenance District No. 1
Fiscal Year 2024/2025
Proposed Assessment
performance of periodic repairs and replacement as needed to provide for the proper operation and functioning of the sidewalk and pathway as well as the growth, health, and appearance of landscaping and trees. The improvements for the District include, but are not limited to:
• Approximately 48,000 square feet of irrigated landscaping and trees on the north side of Palos Verdes Drive North adjacent to the southern boundary of Tract 25201 (A distance of approximately 1,600 Linear Feet); and, • Approximately 20,640 square feet of trails and sidewalks on the north side of Palos Verdes Drive North adjacent to the southern boundary of Tract 25201; and, • Approximately 1,200 square feet of walkway between Palos Verdes Drive North and Via Vera.
Maintenance of the landscape improvements generally includes the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of the improvements including but not limited to: cultivation, irrigation, trimming and fertilizing of the plant material; treating for disease or injury; weed and vector control; normal repair and servicing of the irrigation system; removal of trimmings, rubbish, debris, and other solid waste; and removal or covering of graffiti on related hardscape surfaces; as well as the performance of periodic repairs and rehabilitation activities (available funding permitting) that are associated with those improvements.
Documentation and maps of the location and extent of the improvements to be maintained by the District are on file at the City of Lomita Public Works Department.
Excluded Improvements
The improvements for the District, exclude the median islands on Palos Verdes Drive North that are also adjacent to Tract 25201 (Rolling Ranchos). The cost of maintaining these median islands were budgeted and paid for by the City as a general benefit and no portion of the cost to maintain these improvements shall be assessed as special benefit to the parcels within the District. Improvements located on private property including any landscaping or fences are the responsibility of those individual property owners and are not maintained by this District.
June 4, 2024, Reg. CC Mtg., Page # 371
Engineer’s Report
Landscape Maintenance District No. 1
Fiscal Year 2024/2025
Proposed Assessment
Part II – Method of Apportionment
The 1972 Act permits the establishment of assessment districts by agencies for providing certain public improvements, which include the construction, maintenance and servicing of public lights, landscaping, and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements."
The method of apportionment described in this Report for allocation of special benefit assessments utilizes commonly accepted engineering practices and have been established pursuant to the 1972 Act and the provisions of the California Constitution.
The formula used for calculating assessments in this District reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on benefit to each parcel.
Benefit Analysis
Each of the proposed improvements, the associated costs, and assessments have been reviewed, identified, and allocated based on special benefit pursuant to the provisions of the 1972 Act and the California Constitution. The improvements to be provided by the District and for which properties will be assessed have been identified as local improvements specifically associated with the properties within Tract 25201. As such, the ongoing operation, servicing, and maintenance of these improvements directly affect those properties. Therefore, it is reasonable to conclude that the annual costs of ensuring the maintenance and operation of the improvements are considered a distinct and special benefit to the residential properties within this development and District.
The method of apportionment (also referred to as the "method of assessment") previously established for this District and summarized herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements, and the desirability and marketability of those properties is enhanced by well-maintained landscaping in close proximity to the properties. As defined by Article XIIID, Section 4 of the California Constitution:
"Special benefit means a particular and distinct benefit over and above general benefits conferred on real property located in the District or to the public at large." The special benefits associated with such landscape improvements may include:
• Enhanced desirability of properties through association with the improvements. • Improved aesthetic appeal of properties providing a positive representation of the June 4, 2024, Reg. CC Mtg., Page # 372
Engineer’s Report
Landscape Maintenance District No. 1
Fiscal Year 2024/2025
Proposed Assessment
area.
• Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping.
• Environmental enhancement through improved erosion resistance, dust, and debris control.
• Increased sense of pride in ownership of property within the District resulting from well-maintained improvements associated with the properties. • Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities including abatement of graffiti.
• Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise.
The preceding special benefits contribute to the overall aesthetic value and desirability of each of the assessed parcels and thereby provide a special enhancement to those properties. Furthermore, it has been determined that the lack of funding to property service and maintain such improvements would likely have a direct negative impact on those properties.
General Benefit
In reviewing the improvements and the proximity of those improvements to properties within the District as well as adjacent properties outside of the boundaries of the District, and the reasons for installing and constructing such improvements; it is apparent that the need to maintain these particular improvements are exclusively a local issue and are directly associated with only the parcels within Tract 25201 (Rolling Ranchos), and the condition of these improvements and the level of service provided will directly affect only those properties.
Although the improvements are within public areas or easements and include amenities that may be available or visible to the public at large, these improvements are not necessarily required nor desired by any properties or developments outside the development. As such, it has been determined that these improvements provide no measurable benefit (special or general) to properties outside the District or to the public at large but are clearly a distinct and special benefit to only properties within the District.
Assessment Methodology
Upon review of the improvements, it has been determined that each of the residential parcels within the District will receive substantially similar and proportional special benefits from the improvements to be provided. As such, the most appropriate apportionment of maintenance costs and special benefit is an equal per parcel distribution. This method of apportionment is used to proportionately allocate the net annual cost of the improvements (special benefit) to each parcel. The total amount to be levied in the District is shared and assessed equally to each benefiting parcel.
June 4, 2024, Reg. CC Mtg., Page # 373
Engineer’s Report
Landscape Maintenance District No. 1
Fiscal Year 2024/2025
Proposed Assessment
The following formula is used to arrive at the levy amount for each parcel within the District.
The preceding benefit formula appropriately reflects the composition of the parcels within the District and the improvements and services to be provided and fairly apportion the costs based on the special benefits to each assessable parcel. Dedicated public easements or rights-of-ways that are part of the District improvements; or utility rights-of-way, common areas, sliver parcels and bifurcated lots or any other property that cannot be developed; receive no special benefit from District improvements and are not assessed.
Part III – Proposed Budget
The following budget outlines the City's estimate of anticipated expenditures, revenues and fund balances to provide annual maintenance and operation of the District improvements within the revenues available from the assessments and the City’s planned contribution of funds to the District. The maximum assessment rate established for the District is based on the budget information presented herein and shall be used to calculate each parcel's proportional assessment obligation in accordance with the method of apportionment outlined in this Report for Fiscal Year 2024/2025.
The most recent lien on the 211 residences is $55.63 per parcel, for a total of $11,737.93. This total consists of utilities, landscape maintenance services, irrigation maintenance, administration, and assessor's fees. An estimated $12,118.61 contribution from the City is required to maintain assessments at the current levy of $55.63. The Engineer's report indicates an assessment of $55.63 per parcel for 2024/2025, as determined from the following information:
Contract costs and City services for landscape maintenance services ($18,750.36); utility costs for water and electricity ($4,208.18); administration costs ($898.00) for the 2024/2025 fiscal year. The total service cost is $23,856.54. The City subsidy to the District for 2024/25 will be $12,118.961.
Total Balance to Levy
Total Assessable Parcels
= Parcel Levy Amount
June 4, 2024, Reg. CC Mtg., Page # 374
Engineer’s Report
Landscape Maintenance District No. 1
Fiscal Year 2024/2025
Proposed Assessment
Assessment Calculation
Assessment = [(Contract Services + Utilities + Irrigation Maintenance + Administration and Assessor’s Fee - Reserves + City Contribution)] / Number of Parcels.
Part IV – Boundary Diagram
A District Boundary Diagram for the City of Lomita Landscape Maintenance District No.:
1 showing the overall boundaries of the District is provided on the following page.
Specific parcel identification, the lines and dimensions of each lot, parcel and subdivision of land within the boundaries of the District shall be inclusive of the corresponding parcels shown on the Los Angeles County Assessor's Parcel Maps as they existed at the time of the passage of the Resolution of Intention, and shall include all subsequent subdivisions, lot line adjustments or parcel changes therein. Reference is hereby made to Part V of this Report for a listing of the parcels within the District that correspond to the Los Angeles County Assessor's maps. Engineer's Report Landscape Maintenance District No. 1, Fiscal Year 2024/2025.
$
$ 4,208.18
$ 898.00
$ 23,856.54
$ -
211
F.Y. 2024-2025 Assessment Fee = $ 55.63
Sum Total =
Less Reserves (-)
City Contribution (-)
Divided by the Number of Parcels (211) (/)
Utilities (+)
Administration & Assessor's Fee (+)
$ 12,118.61
Contract and City Services (+) 18,750.36
June 4, 2024, Reg. CC Mtg., Page # 375
Engineer’s Report
Landscape Maintenance District No. 1
Fiscal Year 2024/2025
Proposed Assessment
June 4, 2024, Reg. CC Mtg., Page # 376
Engineer’s Report
Landscape Maintenance District No. 1
Fiscal Year 2024/2025
Proposed Assessment
Part V – 2024/ 2025 Assessment Roll
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Los Angeles County Assessor Parcel Maps and/or the Los Angeles County Secured Tax Roll for the year in which this Report is prepared. The proposed assessment for each parcel has been prepared in accordance with the assessment rates presented in the budget and the method of apportionment described in this Report.
The assessment information for each parcel as outlined in this Report and confirmed by the City Council shall be submitted to the County Auditor/Controller to be included on the property tax roll for Fiscal Year 2024/2025. If the parcels or assessment numbers referenced by this Report are re-numbered, re-apportioned or changed by the County Assessor's Office after approval of this Report, the new parcel or assessment numbers with the appropriate assessment amount will be submitted to the County Auditor/Controller. If the parcel change made by the County includes a parcel split, parcel merger, or tax status change, the assessment amount submitted on the new parcels will be based on the method of apportionment and assessment rates approved in this Report by the City Council.
Assessed
Record No.
Assessor
Parcel
Number
Description Maximum
Assessment
Proposed
Assessment
FY 2024/2025
1 7549-009-001 Single-Family Residential $55.63 $55.63
2 7549-009-002 Single-Family Residential $55.63 $55.63
3 7549-009-003 Single-Family Residential $55.63 $55.63
4 7549-009-004 Single-Family Residential $55.63 $55.63
5 7549-009-005 Single-Family Residential $55.63 $55.63
6 7549-009-006 Single-Family Residential $55.63 $55.63
7 7549-009-007 Single-Family Residential $55.63 $55.63
8 7549-009-008 Single-Family Residential $55.63 $55.63
9 7549-009-009 Single-Family Residential $55.63 $55.63
10 7549-009-010 Single-Family Residential $55.63 $55.63 11 7549-009-011 Single-Family Residential $55.63 $55.63 12 7549-009-012 Single-Family Residential $55.63 $55.63 13 7549-009-013 Single-Family Residential $55.63 $55.63 14 7549-009-014 Single-Family Residential $55.63 $55.63 15 7549-009-015 Single-Family Residential $55.63 $55.63 16 7549-009-016 Single-Family Residential $55.63 $55.63 17 7549-009-017 Single-Family Residential $55.63 $55.63 18 7549-009-018 Single-Family Residential $55.63 $55.63 19 7549-009-019 Single-Family Residential $55.63 $55.63 20 7549-009-020 Single-Family Residential $55.63 $55.63 21 7549-009-021 Single-Family Residential $55.63 $55.63 22 7549-010-001 Single-Family Residential $55.63 $55.63 23 7549-010-002 Single-Family Residential $55.63 $55.63 24 7549-010-003 Single-Family Residential $55.63 $55.63 25 7549-010-004 Single-Family Residential $55.63 $55.63 26 7549-010-005 Single-Family Residential $55.63 $55.63 June 4, 2024, Reg. CC Mtg., Page # 377
Engineer’s Report
Landscape Maintenance District No. 1
Fiscal Year 2024/2025
Proposed Assessment
Assessed
Record No.
Assessor
Parcel
Number
Description
Maximum
Assessment
Proposed
Assessment
FY 2024/2025
27 7549-010-006 Single-Family Residential $55.63 $55.63 28 7549-010-007 Single-Family Residential $55.63 $55.63 29 7549-010-008 Single-Family Residential $55.63 $55.63 30 7549-010-009 Single-Family Residential $55.63 $55.63 31 7549-010-010 Single-Family Residential $55.63 $55.63 32 7549-010-011 Single-Family Residential $55.63 $55.63 33 7549-010-012 Single-Family Residential $55.63 $55.63 34 7549-010-013 Single-Family Residential $55.63 $55.63 35 7549-010-014 Single-Family Residential $55.63 $55.63 36 7549-010-015 Single-Family Residential $55.63 $55.63 37 7549-010-016 Single-Family Residential $55.63 $55.63 38 7549-010-017 Single-Family Residential $55.63 $55.63 39 7549-011-001 Single-Family Residential $55.63 $55.63 40 7549-011-002 Single-Family Residential $55.63 $55.63 41 7549-011-003 Single-Family Residential $55.63 $55.63 42 7549-011-004 Single-Family Residential $55.63 $55.63 43 7549-011-005 Single-Family Residential $55.63 $55.63 44 7549-011-006 Single-Family Residential $55.63 $55.63 45 7549-011-007 Single-Family Residential $55.63 $55.63 46 7549-011-008 Single-Family Residential $55.63 $55.63 47 7549-011-009 Single-Family Residential $55.63 $55.63 48 7549-011-010 Single-Family Residential $55.63 $55.63 49 7549-011-011 Single-Family Residential $55.63 $55.63 50 7549-011-012 Single-Family Residential $55.63 $55.63 51 7549-011-013 Single-Family Residential $55.63 $55.63 52 7549-011-014 Single-Family Residential $55.63 $55.63 53 7549-011-015 Single-Family Residential $55.63 $55.63 54 7549-011-016 Single-Family Residential $55.63 $55.63 55 7549-011-017 Single-Family Residential $55.63 $55.63 56 7549-011-018 Single-Family Residential $55.63 $55.63 57 7549-011-019 Single-Family Residential $55.63 $55.63 58 7549-011-020 Single-Family Residential $55.63 $55.63 59 7549-011-021 Single-Family Residential $55.63 $55.63 60 7549-011-022 Single-Family Residential $55.63 $55.63 61 7549-011-023 Single-Family Residential $55.63 $55.63 62 7549-011-024 Single-Family Residential $55.63 $55.63 63 7549-011-025 Single-Family Residential $55.63 $55.63 64 7549-011-026 Single-Family Residential $55.63 $55.63 65 7549-011-027 Single-Family Residential $55.63 $55.63 66 7549-011-028 Single-Family Residential $55.63 $55.63 67 7549-012-001 Single-Family Residential $55.63 $55.63 68 7549-012-002 Single-Family Residential $55.63 $55.63 69 7549-012-003 Single-Family Residential $55.63 $55.63 70 7549-012-004 Single-Family Residential $55.63 $55.63 71 7549-012-005 Single-Family Residential $55.63 $55.63 72 7549-012-006 Single-Family Residential $55.63 $55.63 73 7549-012-007 Single-Family Residential $55.63 $55.63 74 7549-012-008 Single-Family Residential $55.63 $55.63 75 7549-012-009 Single-Family Residential $55.63 $55.63 76 7549-012-010 Single-Family Residential $55.63 $55.63 77 7549-012-011 Single-Family Residential $55.63 $55.63 78 7549-012-012 Single-Family Residential $55.63 $55.63 79 7549-012-013 Single-Family Residential $55.63 $55.63 80 7549-012-014 Single-Family Residential $55.63 $55.63 June 4, 2024, Reg. CC Mtg., Page # 378
Engineer’s Report
Landscape Maintenance District No. 1
Fiscal Year 2024/2025
Proposed Assessment
Assessed
Record No.
Assessor
Parcel
Number Description
Maximum
Assessment
Proposed
Assessment
FY 2024/2025
81 7549-012-015 Single-Family Residential $55.63 $55.63 82 7549-012-016 Single-Family Residential $55.63 $55.63 83 7549-012-017 Single-Family Residential $55.63 $55.63 84 7549-012-018 Single-Family Residential $55.63 $55.63 85 7549-012-019 Single-Family Residential $55.63 $55.63 86 7549-012-020 Single-Family Residential $55.63 $55.63 87 7549-012-021 Single-Family Residential $55.63 $55.63 88 7549-012-022 Single-Family Residential $55.63 $55.63 89 7549-012-023 Single-Family Residential $55.63 $55.63 90 7549-012-024 Single-Family Residential $55.63 $55.63 91 7549-012-025 Single-Family Residential $55.63 $55.63 92 7549-012-026 Single-Family Residential $55.63 $55.63 93 7549-012-027 Single-Family Residential $55.63 $55.63 94 7549-012-028 Single-Family Residential $55.63 $55.63 95 7549-012-029 Single-Family Residential $55.63 $55.63 96 7549-012-030 Single-Family Residential $55.63 $55.63 97 7549-012-031 Single-Family Residential $55.63 $55.63 98 7549-012-032 Single-Family Residential $55.63 $55.63 99 7549-012-033 Single-Family Residential $55.63 $55.63 100 7549-012-034 Single-Family Residential $55.63 $55.63 101 7549-013-001 Single-Family Residential $55.63 $55.63 102 7549-013-002 Single-Family Residential $55.63 $55.63 103 7549-013-003 Single-Family Residential $55.63 $55.63 104 7549-013-004 Single-Family Residential $55.63 $55.63 105 7549-013-005 Single-Family Residential $55.63 $55.63 106 7549-013-006 Single-Family Residential $55.63 $55.63 107 7549-013-007 Single-Family Residential $55.63 $55.63 108 7549-013-008 Single-Family Residential $55.63 $55.63 109 7549-013-009 Single-Family Residential $55.63 $55.63 110 7549-013-010 Single-Family Residential $55.63 $55.63 111 7549-013-011 Single-Family Residential $55.63 $55.63 112 7549-013-012 Single-Family Residential $55.63 $55.63 113 7549-013-013 Single-Family Residential $55.63 $55.63 114 7549-013-014 Single-Family Residential $55.63 $55.63 115 7549-013-015 Single-Family Residential $55.63 $55.63 116 7549-013-016 Single-Family Residential $55.63 $55.63 117 7549-013-017 Single-Family Residential $55.63 $55.63 118 7549-013-018 Single-Family Residential $55.63 $55.63 119 7549-013-019 Single-Family Residential $55.63 $55.63 120 7549-013-020 Single-Family Residential $55.63 $55.63 121 7549-013-021 Single-Family Residential $55.63 $55.63 122 7549-013-022 Single-Family Residential $55.63 $55.63 123 7549-013-023 Single-Family Residential $55.63 $55.63 124 7549-013-024 Single-Family Residential $55.63 $55.63 125 7549-013-025 Single-Family Residential $55.63 $55.63 126 7549-013-026 Single-Family Residential $55.63 $55.63 127 7549-013-027 Single-Family Residential $55.63 $55.63 128 7549-013-028 Single-Family Residential $55.63 $55.63 129 7549-013-029 Single-Family Residential $55.63 $55.63 130 7549-013-030 Single-Family Residential $55.63 $55.63 131 7549-013-031 Single-Family Residential $55.63 $55.63 132 7549-013-032 Single-Family Residential $55.63 $55.63 133 7549-014-001 Single-Family Residential $55.63 $55.63 134 7549-014-002 Single-Family Residential $55.63 $55.63 June 4, 2024, Reg. CC Mtg., Page # 379
Engineer’s Report
Landscape Maintenance District No. 1
Fiscal Year 2024/2025
Proposed Assessment
Assessed
Record No.
Assessor
Parcel
Number Description
Maximum
Assessment
Proposed
Assessment
FY 2024/2025
135 7549-014-003 Single-Family Residential $55.63 $55.63 136 7549-014-004 Single-Family Residential $55.63 $55.63 137 7549-014-005 Single-Family Residential $55.63 $55.63 138 7549-014-006 Single-Family Residential $55.63 $55.63 139 7549-014-007 Single-Family Residential $55.63 $55.63 140 7549-014-008 Single-Family Residential $55.63 $55.63 141 7549-014-009 Single-Family Residential $55.63 $55.63 142 7549-014-010 Single-Family Residential $55.63 $55.63 143 7549-014-011 Single-Family Residential $55.63 $55.63 144 7549-014-012 Single-Family Residential $55.63 $55.63 145 7549-014-013 Single-Family Residential $55.63 $55.63 146 7549-014-014 Single-Family Residential $55.63 $55.63 147 7549-014-015 Single-Family Residential $55.63 $55.63 148 7549-014-016 Single-Family Residential $55.63 $55.63 149 7549-014-017 Single-Family Residential $55.63 $55.63 150 7549-014-018 Single-Family Residential $55.63 $55.63 151 7549-014-019 Single-Family Residential $55.63 $55.63 152 7549-014-020 Single-Family Residential $55.63 $55.63 153 7549-014-021 Single-Family Residential $55.63 $55.63 154 7549-014-022 Single-Family Residential $55.63 $55.63 155 7549-014-023 Single-Family Residential $55.63 $55.63 156 7549-014-024 Single-Family Residential $55.63 $55.63 157 7549-014-025 Single-Family Residential $55.63 $55.63 158 7549-014-026 Single-Family Residential $55.63 $55.63 159 7549-014-027 Single-Family Residential $55.63 $55.63 160 7549-014-028 Single-Family Residential $55.63 $55.63 161 7549-014-029 Single-Family Residential $55.63 $55.63 162 7549-014-030 Single-Family Residential $55.63 $55.63 163 7549-015-001 Single-Family Residential $55.63 $55.63 164 7549-015-002 Single-Family Residential $55.63 $55.63 165 7549-015-003 Single-Family Residential $55.63 $55.63 166 7549-015-004 Single-Family Residential $55.63 $55.63 167 7549-015-005 Single-Family Residential $55.63 $55.63 168 7549-015-006 Single-Family Residential $55.63 $55.63 169 7549-015-007 Single-Family Residential $55.63 $55.63 170 7549-015-008 Single-Family Residential $55.63 $55.63 171 7549-015-009 Single-Family Residential $55.63 $55.63 172 7549-015-010 Single-Family Residential $55.63 $55.63 173 7549-015-011 Single-Family Residential $55.63 $55.63 174 7549-015-012 Single-Family Residential $55.63 $55.63 175 7549-015-013 Single-Family Residential $55.63 $55.63 176 7549-015-014 Single-Family Residential $55.63 $55.63 177 7549-015-015 Single-Family Residential $55.63 $55.63 178 7549-015-016 Single-Family Residential $55.63 $55.63 179 7549-015-017 Single-Family Residential $55.63 $55.63 180 7549-015-018 Single-Family Residential $55.63 $55.63 181 7549-015-019 Single-Family Residential $55.63 $55.63 182 7549-015-020 Single-Family Residential $55.63 $55.63 183 7549-015-021 Single-Family Residential $55.63 $55.63 184 7549-015-022 Single-Family Residential $55.63 $55.63 185 7549-015-023 Single-Family Residential $55.63 $55.63 186 7549-015-024 Single-Family Residential $55.63 $55.63 187 7549-015-025 Single-Family Residential $55.63 $55.63 188 7549-015-026 Single-Family Residential $55.63 $55.63 June 4, 2024, Reg. CC Mtg., Page # 380
Engineer’s Report
Landscape Maintenance District No. 1
Fiscal Year 2024/2025
Proposed Assessment
Assessed
Record No.
Assessor
Parcel
Number Description
Maximum
Assessment
Proposed
Assessment
FY 2024/2025
189 7549-015-027 Single-Family Residential $55.63 $55.63 190 7549-015-028 Single-Family Residential $55.63 $55.63 191 7549-015-029 Single-Family Residential $55.63 $55.63 192 7549-015-030 Single-Family Residential $55.63 $55.63 193 7549-015-031 Single-Family Residential $55.63 $55.63 194 7549-015-032 Single-Family Residential $55.63 $55.63 195 7549-015-033 Single-Family Residential $55.63 $55.63 196 7549-015-034 Single-Family Residential $55.63 $55.63 197 7549-015-035 Single-Family Residential $55.63 $55.63 198 7549-015-036 Single-Family Residential $55.63 $55.63 199 7549-015-037 Single-Family Residential $55.63 $55.63 200 7549-015-038 Single-Family Residential $55.63 $55.63 201 7549-015-039 Single-Family Residential $55.63 $55.63 202 7549-015-040 Single-Family Residential $55.63 $55.63 203 7549-015-041 Single-Family Residential $55.63 $55.63 204 7549-015-042 Single-Family Residential $55.63 $55.63 205 7549-015-043 Single-Family Residential $55.63 $55.63 206 7549-015-044 Single-Family Residential $55.63 $55.63 207 7549-016-001 Single-Family Residential $55.63 $55.63 208 7549-016-002 Single-Family Residential $55.63 $55.63 209 7549-016-003 Single-Family Residential $55.63 $55.63 210 7549-016-004 Single-Family Residential $55.63 $55.63 211 7549-016-005 Single-Family Residential $55.63 $55.63 Total $11,737.93 $11,737.93
June 4, 2024, Reg. CC Mtg., Page # 381
1 TO: City Council Item No. PH 9b
FROM: Andrew Vialpando, City Manager
PREPARED BY: Brianna Rindge, Director of Community & Economic Development DATE: June 4, 2024
SUBJECT: Discussion and Consideration of Zoning Text Amendment No. 2024- 04, an Ordinance Amending Various Sections of Lomita Municipal Code Title XI (Planning and Zoning) Chapter 1 (Zoning) to Add Indoor Recreational Uses Permitted by a Conditional Use Permit or By Right within the C-R (Commercial-Retail), C-G
(Commercial-General), and D-C (Downtown, Commercial) Zoning Districts
RECOMMENDATION
Conduct a public hearing and concur with Planning Commission’s recommendation to introduce on first reading an ordinance to amend the Lomita Municipal Code to add indoor recreation uses permitted by a conditional use permit or by right within the City’s commercial zoning districts and finding exemption from the California Environment Quality Act (CEQA).
BACKGROUND
Upon the reduction of COVID-19 pandemic social distancing restrictions, the demand for group recreational activities has grown significantly. The desire for these types of uses was echoed throughout the General Plan Update public engagement process in 2023.
The City has received multiple requests for commercial indoor recreation activities involving uses not fully addressed by the Lomita Municipal Code (LMC). Staff recommends updating the LMC to provide comprehensive guidance on regulation of the following indoor recreational uses driven by economic development and community health efforts:
• Gymnasiums;
• Workout studios;
CITY OF LOMITA
CITY COUNCIL REPORT
June 4, 2024, Reg. CC Mtg., Page # 382
2 • Course-based indoor recreation including escape rooms, mini-golf, laser tag, skating, trampoline parks, and obstacle courses;
• Bay-based indoor recreation including, but not limited to, bowling alleys, axe throwing alleys, darts alleys, and golf simulation; and • Computer-based indoor recreation including virtual reality and esports.
A few businesses such as a golf simulator and a yoga studio opted to utilize the Municipal Code’s “Determination of Similarity” process to earn use allowance through a public process where Planning Commission may approve a specific use outside of a zoning text amendment. The upcoming zoning ordinance amendment will remove this ability so that the Municipal Code remains clear and transparent to the public.
Lomita’s three commercial zones with specified uses are described below.
D-C Zone (Downtown, Commercial)
• Article 49 of LMC Title XI
• Location: Downtown Lomita (Narbonne Ave. at Lomita Blvd. and further north along Narbonne Ave.)
• “Intent and purpose: The Zone D-C is established to promote the revitalization and development of the downtown area. This zone promotes a wide range of commercial retail, service, and entertainment uses.”
C-G Zone (Commercial, General)
• Article 45 of LMC Title XI
• Location: Lomita Blvd., Narbonne Ave., Western Ave. except Downtown Lomita • “Intent and purpose: Zone C-G is established to provide for regional commercial needs. This zone provides for intensive commercial activities and specialized service establishments that require a central location within a large urban population. This zone would also permit the development of wholesale businesses and major financial administrative centers that may serve an entire region.” C-R Zone (Commercial-Retail)
• Article 48 of LMC Title XI
• Location: Pacific Coast Highway
• “Intent and purpose: Zone C-R is established to provide for regional retail sale needs. This zone provides for retail activities and limited service establishments.”
ANALYSIS
Upon research of several nearby cities, staff observed that others permit many indoor recreational uses by right but lack regulation for some of the more modern uses. Staff proposes amending the use regulations for these three commercial zoning districts as conveyed in the redline (Attachment 1 Exhibit A) and summarized below. By-right indicates the use may be approved administratively while CUP means the use will only be allowed through the public Conditional Use Permit process as approved by Planning Commission.
June 4, 2024, Reg. CC Mtg., Page # 383
3 Use C-R C-G D-C
Gymnasiums and workout studios with a
capacity of more than forty (40) people By-right By-right Not permitted Workout studios with a capacity of ten
(10) to forty (40) total class members
and staff members per class.
By-right By-right
By-right above
ground floor;
otherwise CUP
Workout studios with a capacity of less
than ten (10) total customers and staff
members.
By-right above
ground floor;
otherwise CUP
CUP
By-right above
ground floor;
otherwise CUP
Course-based indoor recreation
including escape rooms, mini-golf, laser
tag, skating, trampoline parks, and
obstacle courses.
By-right By-right CUP
Bay-based indoor recreation including,
but not limited to, bowling alleys, axe
throwing alleys, darts alleys, and golf
simulation
CUP CUP CUP
Computer-based indoor recreation
including virtual reality, esports, and
arcade games.
By-right above
ground floor;
otherwise CUP
By-right
By-right above
ground floor;
otherwise CUP
In general, the ordinance proposes to expand investment opportunities by-right for direct wellness activities and permit the more nuanced indoor recreational uses through Planning Commission approval except where such businesses may fill above-ground vacancies. The ordinance also includes unsubstantial clean-up (5 instances) as notated in the redline (Attachment 1 Exhibit A).
Planning Commission approval would still be required for the following (no change to these regulations proposed):
a. Any new building construction (with the exception of minor additions not increasing the required parking within the C-G Zone);
b. Any alcohol sales; and/or
c. Outdoor elements.
The parking ordinance already covers the newly itemized uses as they fall under the already regulated categories of “indoor recreational entertainment” or “mixed-use commercial developments”. Additionally, the proposal strikes “parking lots” from the list of uses permitted by-right as parking is already required per Lomita Municipal Code based on the use associated with the parking.
Both the existing and upcoming General Plans support the proposed changes in several ways. First, the changes would expand investment opportunities and attract modern uses not yet contemplated by municipal codes across the region, allowing such a business in Lomita to become a regional draw and increase the number of visitors. Additionally, such June 4, 2024, Reg. CC Mtg., Page # 384
4 locations of recreational uses will likely expand patronage to nearby businesses, as people choose to visit a restaurant or other service before or after their recreation time.
CEQA
The proposal is not subject to the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a “project” as defined by CEQA Guidelines Section 15378. The Zoning Text Amendment will specify commercial uses within a zoning district. In addition, adoption of the Zoning Text Amendment does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Further projects subject to the proposed Zoning Text Amendment will require a discretionary permit and CEQA review and will be analyzed at the appropriate time in accordance with CEQA and the City’s Municipal Code. The Zoning Text Amendment is further exempt from CEQA pursuant to Section 15301 (Existing Facilities) because the actions identified in the ordinance are limited to the specification of commercial uses not previously contemplated by the municipal code yet similar to permitted uses established by the municipal code.
The Zone Text Amendment would not result in any expansion of existing commercial uses or of the public’s use of City right-of-way. Additionally, the Zone Text Amendment is exempt from CEQA because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3).)
FISCAL IMPACT
The legislative amendments are not expected to create additional revenue or additional expenses.
PUBLIC NOTICE
Notice of this hearing dated May 23, 2024, was published in the Daily Breeze Newspaper and posted at City Hall and Lomita Park.
OPTIONS
1. Accept Planning Commission’s recommendation and introduce the ordinance on first reading and find the project exempt from the California Environmental Quality Act (CEQA).
2. Do not approve.
3. Provide alternate direction.
June 4, 2024, Reg. CC Mtg., Page # 385
5 ATTACHMENTS
1. Proposed Ordinance
2. Redlined Changes to Lomita Municipal Code
Reviewed by: Approved by:
Gary Y. Sugano Andrew Vialpando
Assistant City Manager City Manager
Reviewed by:
Brianna Rindge
Community & Economic Development Director
June 4, 2024, Reg. CC Mtg., Page # 386
ORDINANCE NO. 862
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMITA,
CALIFORNIA, AMENDING VARIOUS SECTIONS OF LOMITA
MUNICIPAL CODE TITLE XI (PLANNING AND ZONING), CHAPTER 1 (ZONING), TO ADD INDOOR RECREATIONAL USES PERMITTED BY A
CONDITIONAL USE PERMIT OR BY RIGHT WITHIN THE C-R
(COMMERCIAL-RETAIL), C-G (COMMERCIAL-GENERAL), AND D-C
(DOWNTOWN, COMMERCIAL) ZONING DISTRICTS AND A
DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Section 1. Recitals.
A. Per Section 11-1.45.01 of Lomita Municipal Code, the intent and purpose of the CG (Commercial, General) Zoning District is to provide for regional commercial needs including intensive commercial activities and specialized service establishments that require a central location within a large urban population.
B. Per Section 11-1.48.01 of Lomita Municipal Code (adopted by Ordinance No. 444), the intent and purpose of the C-R (Commercial-Retail) Zoning District is to provide for regional retail sale needs and limited service establishments.
C. Per Section 11-1.49.01 of Lomita Municipal Code (adopted by Ordinance No. 595), the intent and purpose of the D-C (Downtown, Commercial) Zoning District is to promote the revitalization and development of the downtown area including a wide range of commercial retail, service, and entertainment uses.
D. The City desires to amend Title XI of the Lomita Municipal Code to provide for the ability of indoor recreation uses to locate within the city either by-right or through a conditional use permit.
E. On May 13, 2024, the Planning Commission held a duly noticed public hearing on Zone Text Amendment No. 2024-04, where public testimony was accepted on the item and recommended City Council approve the zoning text amendment and find the project exempt from the California Environmental Quality Act (CEQA).
F. On June 4, 2024, the City Council held a duly noticed public hearing to consider the proposed text amendment.
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.
Attachment No. 1
June 4, 2024, Reg. CC Mtg., Page # 387
Ordinance No. 862
A. Economic Development Policy 1: The City will promote and support revitalization within the City's commercial districts.
B. Economic Development Policy 2: The City will continue to encourage the development of prosperous tourist, commercial, and entertainment uses along Pacific Coast Highway.
C. Economic Development Policy 3: The City will promote the improvement and revitalization of existing commercial areas and neighborhood shopping centers.
D. Economic Development Policy 4: The City will encourage a balance of land uses within Lomita to meet the needs of residents and visitors.
E. Economic Development Policy 5: The City will encourage a diversity of land uses and businesses within the City's commercial districts.
F. Economic Development Policy 8: The City will strive to attract destination-oriented businesses that will stimulate commercial activity and investments in the community.
G. Resource Management Policy 1: Lomita will work to expand recreational open space areas and facilities to meet current and projected needs of Lomita residents.
H. Land Use Policy 2: The City will strive to promote the provision of schools, parks, and recreation areas to serve the residential neighborhoods.
I. Land Use Policy 7: Commercial development and employment opportunities will be promoted to maintain a sound economic base and to stimulate investment in the City.
J. Land Use Policy 9: The City will work to protect and promote property values by promoting the more efficient use of underutilized properties and structures consistent with the City's economic development.
K. Land Use Policy 15: The City may allow the opportunity for new mixed use development within key commercial districts.
L. Land Use Policy 17: The City will promote the maintenance and preservation of activities that contribute to the City's economic and employment base.
M. Land Use Policy 19: The City will strive to develop a pedestrian downtown that is economically viable and promotes a wide range of activities.
N. Circulation Element Policy 4: The City will be proactive in assessing the impact of future land uses and development on the local system.
June 4, 2024, Reg. CC Mtg., Page # 388
Ordinance No. 862
Section 3. Environmental Review
The proposal is not subject to the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15060(c)(3) because it is not a “project” as defined by CEQA Guidelines Section 15378. The Zoning Text Amendment will specify commercial uses within a zoning district. In addition, adoption of the Zoning Text Amendment does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Further projects subject to the proposed Zoning Text Amendment will require a discretionary permit and CEQA review and will be analyzed at the appropriate time in accordance with CEQA and the City’s Municipal Code. The Zoning Text Amendment is further exempt from CEQA pursuant to Section 15301 (Existing Facilities) because the actions identified in the ordinance are limited to the specification of commercial uses not previously contemplated by the municipal code yet similar to permitted uses established by the municipal code.
The Zone Text Amendment would not result in any expansion of existing commercial uses or of the public’s use of City right-of-way. Additionally, the Zone Text Amendment is exempt from CEQA because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3).)
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 11-1.45.02 (“Principal uses permitted”) of Title XI of the Lomita Municipal Code is amended to read as follows:
“Sec. 11-1.45.02. Principal uses permitted.
Premises in Zone C-G may be used for the following principal uses:
(1) Any use similar to the following uses which the commission finds to fall within the intent and purpose of this zone, that will not be more obnoxious or materially detrimental to the public welfare and which the commission finds to be of a comparable nature and of the same class as the uses enumerated in this section.
(2) Automobile sales and rentals.
(3) Bakery shops, including baking only when incidental to retail sales from the premises.
(4) Bicycle, scooter and similar vehicle rentals.
(5) Billiard and pool halls.
June 4, 2024, Reg. CC Mtg., Page # 389
Ordinance No. 862
(6) Blueprint shops.
(7) Commercial printers.
(8) Electric distribution substations including microwave facilities incorporated as a part of a public utility installation.
(9) Employment agencies.
(10) Glass edging, beveling and silvering in connection with the sale of mirrors and glass decorating furniture.
(11) Horticultural nurseries, including the growing of nursery stock, but not including medical marijuana dispensaries, cannabis cultivation, or any other commercial cannabis activity.
(12) Laboratories, medical or dental, not including medical marijuana dispensaries, cannabis cultivation, or any other commercial cannabis activity. (13) Locksmith shops.
(14) Mail-order houses, not to include warehousing.
(15) Manufacturer's agent, carrying no inventory other than samples. (16) Mimeographing and addressograph services.
(17) Pet shops, household pets only.
(18) Photography studios.
(19) Post offices.
(20) Restaurants and cafes not serving alcoholic beverages. (21) Sale of new and used merchandise at retail only.
(22) Servicing of consumer electronic equipment and components repair. (23) Transient miniature kiddy rides of less than ten (10) pieces of equipment, not to exceed twenty-five (25) feet in height.
(24) Truck sales and rental agencies.
(25) Typewriter sales and incidental repairs.
(26) Upholstery shops.
June 4, 2024, Reg. CC Mtg., Page # 390
Ordinance No. 862
(27) Veterinary outpatient clinics, household pets only, no animal to be kept overnight.
(28) Watch repair shops.
(29) Barber and beauty shops.
(30) Civic center uses, banks, savings and loan and credit unions. (31) Cleaning and dyeing agencies, including incidental spotting, sponging, pressing and repairs.
(32) Dental clinics, including laboratories in conjunction therewith. (33) Dry cleaning, self-service.
(34) Laundries, self-service.
(35) Markets and grocery stores not selling alcoholic beverages. (36) Shoe repair shops.
(37) Medical clinics, including laboratories and prescription pharmacies in conjunction therewith, not including medical marijuana dispensaries, cannabis cultivation, or any other commercial cannabis activity. (38) Offices, business and professional.
(39) Parks, public.
(40) Gymnasiums and workout studios with a capacity of more than forty (40) people.
(41) Workout studios with a capacity of ten (10) to forty (40) total class members and staff members per class.
(42) Course-based indoor recreation including escape rooms, mini-golf, laser tag, skating, trampoline parks, and obstacle courses.
(43) Computer-based indoor recreation including virtual reality, esports, and arcade games.”
B. Section 11-1.45.05 (“Uses by conditional use permit”) of Title XI of the Lomita Municipal Code is amended to read as follows:
“Sec. 11-1.45.05. Uses by conditional use permit.
June 4, 2024, Reg. CC Mtg., Page # 391
Ordinance No. 862
Premises in Zone C-G may be used for the following purposes, provided a conditional use permit has first been obtained, pursuant to the provisions of Article 70, "Zoning Ordinance Administration":
(1) Automobile body and fender shops, repair, painting and upholstering, provided that such activity is conducted within an enclosed building and automobile repair garages, provided all operations are conducted within a building enclosed on three (3) sides.
(2) Bakery goods distributor.
(3) Bars and cocktail lounges, pursuant to Article 56 of the Lomita Zoning Code. (4) Brewpub as defined in Section 11-1.15.02(B) and pursuant to Article 56 (Alcoholic Beverages) of the Lomita Zoning Code.
(5) Business and professional schools.
(6) Car washes.
(7) Drive-in restaurants.
(8) Electrical, plumbing and contractors' shops.
(9) Equipment rentals.
(10) Extended day care centers.
(11) Feed and grain sales.
(12) Mortuaries.
(13) Novelty retail or service specialty establishments purveying primarily novelties, curios, curiosa and related items.
(14) Nursery schools.
(15) Restaurants and cafes serving alcoholic beverages, pursuant to Article 56 of the Lomita Zoning Code.
(16) Single-family residence: provided, however, that such is a legal nonconforming use or is being used under a conditional use permit at the time the application is filed, and provided further, that a conditional use permit granted under this provision shall be automatically revoked and terminated in the event of any change, substitution, addition or modification of the use of said premises, whether permitted in the zone or not.
(17) Theaters (with a capacity of more than fifty (50) people).
June 4, 2024, Reg. CC Mtg., Page # 392
Ordinance No. 862
(18) Thrift stores subject to standards contained in Section 11-1.68.08. (19) Wholesale businesses.
(20) Assembly halls, subject to the provisions of section 11-1.68.04. (21) Buildings exceeding thirty-five (35) feet in height. (22) Fueling service stations.
(23) Hospitals.
(24) Schools, and unless otherwise exempted by the school district, schools with a total school capacity of more than fifty (50) students (as determined by the department of building and safety) shall be subject to the development standards in section 11-1.68.04.
(25) Bay-based indoor recreation including, but not limited to, bowling alleys, axe throwing alleys, darts alleys, and golf simulation.”
C. Section 11-1.48.02 (“Principal uses permitted”) of Title XI of the Lomita Municipal Code is amended to read as follows:
“Sec. 11-1.48.02. Principal uses permitted.
Premises in Zone C-R may be used for the following principal uses:
(A) Any use similar to the following uses which the commission finds to fall within the intent and purpose of this zone that will not be more obnoxious or materially detrimental to the public welfare and which the commission finds to be of a comparable nature and of the same class as the uses enumerated in this section.
(1) Appliance stores.
(2) Antique shops.
(3) Auto parts (new and reconditioned).
(4) Bakeries (retail only).
(5) Banks and savings and loan institutions.
(6) Bicycle sales and rentals.
(7) Blueprinting shops.
(8) Camera sales and repair.
June 4, 2024, Reg. CC Mtg., Page # 393
Ordinance No. 862
(9) Clothing stores.
(10) Computer equipment, sales and repair.
(11) Confectionery stores.
(12) Drug stores, not including medical marijuana dispensaries, cannabis cultivation, or any other commercial cannabis activity. (13) Fine art galleries (commercial).
(14) Florist shops.
(15) Food markets (excluding the sale of alcoholic beverages). (16) Furniture stores.
(17) Hardware and home improvement stores, provided that all building materials, nursery stock, etc., are stored in an enclosed building. (18) Home furnishing stores.
(19) Jewelry stores and incidental repair.
(20) Meat stores.
(21) Notions and dry goods stores.
(22) Paint stores.
(23) Pet shops (not including grooming and boarding).
(24) Photo processing and print shops.
(25) Printing and copying.
(26) Restaurants and cafes (not serving alcoholic beverages). (27) Shoe stores.
(28) Sporting goods stores.
(29) Stationery and book stores.
(30) Video and audio recording sales and rental.
(31) Watch sales and repair.
(32) Gymnasiums and workout studios with a capacity of more than forty (40) people.
June 4, 2024, Reg. CC Mtg., Page # 394
Ordinance No. 862
(33) Workout studios with a capacity of ten (10) to forty (40) total class members and staff members per class.
(34) Course-based indoor recreation including escape rooms, mini-golf, laser tag, skating, trampoline parks, and obstacle courses.
(B) The following additional uses provided, however, that the ground floor area occupied by said use or uses may not exceed thirty (30) percent of the ground floor area on any lot or parcel of land where the total ground floor area exceeds five thousand (5,000) square feet.
(1) Barber shops.
(2) Beauty shops, including nail care.
(3) Laundry and dry cleaning agencies (not including laundromats or wholesale dry cleaning or laundry plants).
(4) Locksmiths.
(5) Offices, business and professional.
(6) Photography studios.
(7) Shoe repair.
(8) Tailors and dressmakers.
(9) Television and radio repair (not including automobile stereo installation). (10) Theaters, movie.
(11) Upholstery shops (the front of the shop must be retail in appearance). (12) Workout studios with a capacity of less than ten (10) total customers and staff members.
(13) Computer-based indoor recreation including virtual reality, esports, and arcade games.”
D. Section 11-1.48.04(A) (“Uses by conditional use permit”) of Title XI of the Lomita Municipal Code is amended to read as follows:
“Subsection (A) of Sec. 11-1.48.04. Uses by conditional use permit. (1) Automobile rental, with the following restrictions and requirements:
(a) All vehicles must be less than two (2) years old and maintained in good condition.
June 4, 2024, Reg. CC Mtg., Page # 395
Ordinance No. 862
(b) No automobile sales are permitted on the same premises without the planning commission's approval.
(c) No advertising is allowed on the rental vehicles except identification tags or decals permitted by the planning commission.
(d) No repairs or truck rentals are permitted.
(e) All rental vehicles must be stored on-site.
(2) Automobile, boat, trailer and recreational vehicle sales, new and used, including servicing, mechanical repairs, painting, body and fender repair and rental when such uses are in conjunction with the primary use. (3) Brewery with tasting room as defined in Section 11-1.15.02(B) and pursuant to Article 56 (Alcoholic Beverages) of the Lomita Zoning Code. (4) Brewpub as defined in section 11-1.15.02(B) and pursuant to article 56 (Alcoholic Beverages) of the Lomita Zoning Code.
(5) Fueling service stations that do not include servicing and repair facilities. (6) Fueling service stations with ancillary automated car-wash facilities that do not include servicing and repair facilities.
(7) Hotels and motor inns, subject to architectural review by the planning commission. The establishment of these uses must, as a minimum, have in excess of thirty-five (35) units.
(8) Hotels and motor inns, subject to architectural review by the planning commission and subject to the special development standards contained in section 11-1.68.07.
(9) Outdoor storage or display provided that the planning commission shall require information on the specific materials to be stored or displayed and the following possible conditions:
(a) Screening fences or walls.
(b) Special setbacks relative to the materials stored or displayed. (c) Time limits.
(d) Special regulations relative to access by trucks.
(e) Other conditions deemed necessary to protect the public health, safety, and welfare.
June 4, 2024, Reg. CC Mtg., Page # 396
Ordinance No. 862
(10) Packaged liquor stores exceeding three thousand (3,000) square feet in floor area provided that such use is not located closer than fifteen hundred (1,500) feet from another packaged liquor store, including food markets selling packaged liquor.
(11) Packaged liquor when ancillary to food sales, pursuant to Article 56 of the Lomita Zoning Code.
(12) Restaurants and cafes serving alcoholic beverages, pursuant to Article 56 of the Lomita Zoning Code.
(13) Theaters, movie (not covered under 11-1.48.02(B)). (14) Thrift stores subject to standards contained in section 11-1.68.08. (15) Bay-based indoor recreation including, but not limited to, bowling alleys, axe throwing alleys, darts alleys, and golf simulation.
(16) Workout studios with a capacity of less than ten (10) total customers and staff members games (not covered under 11-1.48.02(B)).
(17) Computer-based indoor recreation including virtual reality, esports, and arcade games (not covered under 11-1.48.02(B)).”
E. Section 11-1. 49.02 (“Principal uses permitted”) of Title XI of the Lomita Municipal Code is amended to read as follows:
“Sec. 11-1.49.02. - Principal uses permitted.
Premises in zone D-C may be used for the following principal uses:
(A) Any use similar to the following uses which the commission finds to fall within the intent and purpose of this zone that will not be more obnoxious or materially detrimental to the public welfare and which the commission finds to be of a comparable nature and of the same class as the uses enumerated in this section.
(1) Antique shops.
(2) Bakeries (retail only).
(3) Basic personal services including: barber/beauty shop, dry cleaner, nail/manicure shop, tailoring, and shoe repair. Permanent makeup is permitted as an ancillary use to a beauty or nail shop. (4) Confectionery stores/ice cream parlors.
(5) Florist shops.
June 4, 2024, Reg. CC Mtg., Page # 397
Ordinance No. 862
(6) Permanent flower stand or news stand within the right-of-way subject to an encroachment permit or license agreement.
(7) Food markets (excluding the sale of alcoholic beverages). (8) Restaurants and cafes (not serving alcoholic beverages). (9) Retail sale and the ancillary service of merchandise. Not including home furnishing, or specialty home improvement stores.
(B) The following additional uses located above the ground floor of the building in which they are located:
(1) Office, business and professional, including medical. (2) Personal improvement uses such as: music studio, tutoring, children's group classes, and dance/karate studio, with less than fifty (50) persons based upon occupant load as determined by building and safety. (3) Computer-based indoor recreation including virtual reality, esports, and arcade games.
(4) Workout studios with a capacity of ten (10) to forty (40) total class members and staff members per class.
(5) Workout studios with a capacity of less than ten (10) total customers and staff members.”
F. Section 11-1. 49.04(A) (“Permitted uses by conditional use permit”) of Title XI of the Lomita Municipal Code is amended to read as follows:
“Subsection (A) of Sec. 11-1.49.04. Permitted uses by conditional use permit (1) Brewpub as defined in section 11-1.15.02(B) and pursuant to article 56 (alcoholic beverages) of the Lomita Zoning Code.
(2) Outdoor vending from a retail store: Flower, plant, or clothing sales in conjunction with sale of related products from a retail store. (3) Off-site sale of alcohol at service and retail establishments as an accessory use, and pursuant to article 56 of the Lomita Zoning Code. (4) Packaged liquor when ancillary to food sales, pursuant to article 56 of the Lomita Zoning Code.
(5) Restaurants, bars, cocktail lounges, nightclubs and cafes serving alcoholic beverages, pursuant to article 56 of the Lomita Zoning Code.
June 4, 2024, Reg. CC Mtg., Page # 398
Ordinance No. 862
(6) Residential uses permitted under the mixed use overlay designation pursuant to section 11-1.58 of the Lomita Municipal Code.
(7) Theaters, live stage and movie.
(8) Wine stores and ancillary wine tasting, and pursuant to article 56 of the Lomita Zoning Code.
(9) Bay-based indoor recreation including, but not limited to, bowling alleys, axe throwing alleys, darts alleys, and golf simulation.
(10) Course-based indoor recreation including escape rooms, mini-golf, laser tag, skating, trampoline parks, and obstacle courses.
(11) The following additional uses located on the ground floor of the building in which they are located:
(a) Workout studios with a capacity of ten (10) to forty (40) total class members and staff members per class.
(b) Workout studios with a capacity of less than ten (10) total customers and staff members.
(c) Computer-based indoor recreation including virtual reality, esports, and arcade games.”
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.
June 4, 2024, Reg. CC Mtg., Page # 399
Ordinance No. 862
PASSED, APPROVED, AND ADOPTED, this ___ day of June, 2024. ________________________________
Bill Uphoff, Mayor
ATTEST:
_____________________________________
Kathleen Horn Gregory, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Trevor Rusin, City Attorney
June 4, 2024, Reg. CC Mtg., Page # 400
Attachment 2 Exhibit A
Sec. 11-1.45.02. Principal uses permitted.
Premises in Zone C-G may be used for the following
principal uses:
(1) Any use similar to the following uses which the
commission finds to fall within the intent and
purpose of this zone, that will not be more
obnoxious or materially detrimental to the
public welfare and which the commission finds
to be of a comparable nature and of the same
class as the uses enumerated in this section.
(2) Reserved.
(3)(2) Automobile sales and rentals.
(4)(3) Bakery shops, including baking only when
incidental to retail sales from the premises.
(5)(4) Bicycle, scooter and similar vehicle rentals.
(6)(5) Billiard and pool halls.
(7)(6) Blueprint shops.
(8) Repealed by Ord. No. 473, § 2, 1-7-91.
(9)(7) Commercial printers.
(10)(8) Electric distribution substations including
microwave facilities incorporated as a part of
a public utility installation.
(11)(9) Employment agencies.
(12)(10) Glass edging, beveling and silvering in
connection with the sale of mirrors and glass
decorating furniture.
(13)(11) Horticultural nurseries, including the growing of nursery stock, but not including medical
marijuana dispensaries, cannabis cultivation,
or any other commercial cannabis activity.
(14)(12) Laboratories, medical or dental, not including medical marijuana dispensaries, cannabis
cultivation, or any other commercial cannabis
activity.
(15)(13) Locksmith shops.
(16)(14) Mail-order houses, not to include
warehousing.
(17)(15) Manufacturer's agent, carrying no inventory
other than samples.
(18)(16) Mimeographing and addressograph services.
(19) Parking lots and parking buildings, pursuant to
the provisions of Article 66 (Off-Street
Parking, Storage and Loading).
(20)(17) Pet shops, household pets only.
(21)(18) Photography studios.
(22)(19) Post offices.
(23)(20) Restaurants and cafes not serving alcoholic
beverages.
(24)(21) Sale of new and used merchandise at retail
only.
(25)(22) Servicing of consumer electronic equipment
and components repair.
(26) Skating rinks.
(27)(23) Transient miniature kiddy rides of less than ten (10) pieces of equipment, not to exceed
twenty-five (25) feet in height.
(28)(24) Truck sales and rental agencies.
(29)(25) Typewriter sales and incidental repairs.
(30)(26) Upholstery shops.
(31)(27) Veterinary outpatient clinics, household pets
only, no animal to be kept overnight.
(32)(28) Watch repair shops.
(33)(29) Barber and beauty shops.
(34)(30) Civic center uses, banks, savings and loan
and credit unions.
(35)(31) Cleaning and dyeing agencies, including
incidental spotting, sponging, pressing and
repairs.
(36)(32) Dental clinics, including laboratories in
conjunction therewith.
(37)(33) Dry cleaning, self-service.
(38)(34) Laundries, self-service.
(39)(35) Markets and grocery stores not selling
alcoholic beverages.
(40)(36) Shoe repair shops.
(41)(37) Medical clinics, including laboratories and
prescription pharmacies in conjunction
therewith, not including medical marijuana
dispensaries, cannabis cultivation, or any
other commercial cannabis activity.
(42)(38) Offices, business and professional.
(39) Parks, public.
(40) Gymnasiums and workout studios with a
capacity of more than forty (40) people.
(41) Workout studios with a capacity of ten (10) to
forty (40) total class members and staff
members per class.
(42) Course-based indoor recreation including
escape rooms, mini-golf, laser tag, skating,
trampoline parks, and obstacle courses.
(43) Computer-based indoor recreation including
virtual reality, esports, and arcade games.
June 4, 2024, Reg. CC Mtg., Page # 401
Sec. 11-1.45.05. Uses by conditional use permit.
Premises in Zone C-G may be used for the following
purposes, provided a conditional use permit has first
been obtained, pursuant to the provisions of Article 70, "Zoning Ordinance Administration":
(1) Reserved.
(2) Arcades.
(3)(1) Automobile body and fender shops, repair,
painting and upholstering, provided that such
activity is conducted within an enclosed
building and automobile repair garages,
provided all operations are conducted within a
building enclosed on three (3) sides.
(4)(2) Bakery goods distributor.
(5)(3) Bars and cocktail lounges, pursuant to Article
56 of the Lomita Zoning Code.
(6)(4) Brewpub as defined in Section 11-1.15.02(B)
and pursuant to Article 56 (Alcoholic
Beverages) of the Lomita Zoning Code.
(7)(5) Business and professional schools.
(8)(6) Car washes.
(9) [Repealed by Ord. No. 519.]
(10)(7) Drive-in restaurants.
(11)(8) Electrical, plumbing and contractors' shops.
(12)(9) Equipment rentals.
(13)(10) Extended day care centers.
(14)(11) Feed and grain sales.
(15) Gymnasiums (with a capacity of more than fifty
(50) people).
(16)(12) Mortuaries.
(17)(13) Novelty retail or service specialty
establishments purveying primarily novelties,
curios, curiosa and related items.
(14) Nursery schools.
(18)(15) Restaurants and cafes serving alcoholic
beverages, pursuant to Article 56 of the
Lomita Zoning Code.
(19)(16) Single-family residence: provided, however,
that such is a legal nonconforming use or is
being used under a conditional use permit at
the time the application is filed, and provided
further, that a conditional use permit granted
under this provision shall be automatically
revoked and terminated in the event of any
change, substitution, addition or modification
of the use of said premises, whether permitted
in the zone or not.
Attachment 2 Exhibit A
(20)(17)Theaters (with a capacity of more than fifty
(50) people).
(21)(18)Thrift stores subject to standards contained
in Section 11-1.68.08.
(22)(19)Wholesale businesses.
(23)(20)Assembly halls, subject to the provisions
of section 11-1.68.04.
(24)(21)Buildings exceeding thirty-five (35) feet in
height.
(25)(22)Fueling service stations.
(26)(23)Hospitals.
(24) Schools, and unless otherwise exempted by
the school district, schools with a total school
capacity of more than fifty (50) students (as
determined by the department of building and
safety) shall be subject to the development
standards in section 11-1.68.04.
(25) Bay-based indoor recreation including, but not
limited to, bowling alleys, axe throwing alleys,
darts alleys, and golf simulation.
Sec. 11-1.48.02. Principal uses permitted.
Premises in Zone C-R may be used for the following
principal uses:
(A) Any use similar to the following uses which the
commission finds to fall within the intent and
purpose of this zone that will not be more
obnoxious or materially detrimental to the public
welfare and which the commission finds to be of a
comparable nature and of the same class as the
uses enumerated in this section.
(1) Appliance stores.
(2) Antique shops.
(3) Auto parts (new and reconditioned).
(4) Bakeries (retail only).
(5) Banks and savings and loan institutions.
(6) Bicycle sales and rentals.
(7) Blueprinting shops.
(8) Camera sales and repair.
(9) Clothing stores.
(10) Computer equipment, sales and repair.
(11) Confectionery stores.
(12) Drug stores, not including medical marijuana
dispensaries, cannabis cultivation, or any
other commercial cannabis activity.
(13) Fine art galleries (commercial).
June 4, 2024, Reg. CC Mtg., Page # 402
Attachment 2 Exhibit A
(14) Florist shops.
(15) Food markets (excluding the sale of alcoholic
beverages).
(16) Furniture stores.
(17) Hardware and home improvement stores,
provided that all building materials, nursery
stock, etc., are stored in an enclosed building.
(18) Home furnishing stores.
(19) Jewelry stores and incidental repair.
(20) Meat stores.
(21) Notions and dry goods stores.
(22) Paint stores.
(23) Pet shops (not including grooming and
boarding).
(24) Photo processing and print shops.
(25) Printing and copying.
(26) Restaurants and cafes (not serving alcoholic
beverages).
(27) Shoe stores.
(28) Sporting goods stores.
(29) Stationery and book stores.
(30) Video and audio recording sales and rental.
(31) Watch sales and repair.
(32) Gymnasiums and workout studios with a
capacity of more than forty (40) people.
(33) Workout studios with a capacity of ten (10) to
forty (40) total class members and staff
members per class.
(31) Course-based indoor recreation including
escape rooms, mini-golf, laser tag, skating,
trampoline parks, and obstacle courses.
(B) The following additional uses provided, however,
that the ground floor area occupied by said use or
uses may not exceed thirty (30) percent of the
ground floor area on any lot or parcel of land where
the total ground floor area exceeds five thousand
(5,000) square feet.
(1) Barber shops.
(2) Beauty shops, including nail care.
(3) Laundry and dry cleaning agencies (not
including laundromats or wholesale dry
cleaning or laundry plants).
(4) Locksmiths.
(5) Offices, business and professional.
(6) Photography studios.
(7) Shoe repair.
(8) Tailors and dressmakers.
(9) Television and radio repair (not including
automobile stereo installation).
(10) Theaters, movie.
(11) Upholstery shops (the front of the shop must
be retail in appearance).
(12) Workout studios with a capacity of less than
ten (10) total customers and staff members.
(11) Computer-based indoor recreation including
virtual reality, esports, and arcade games.
Subsection (A) of Sec. 11-1.48.04. Uses by
conditional use permit.
(1) Automobile rental, with the following restrictions
and requirements:
(a) All vehicles must be less than two (2) years
old and maintained in good condition.
(b) No automobile sales are permitted on the
same premises without the planning
commission's approval.
(c) No advertising is allowed on the rental
vehicles except identification tags or decals
permitted by the planning commission.
(d) No repairs or truck rentals are permitted.
(e) All rental vehicles must be stored on-site.
(2) Automobile, boat, trailer and recreational vehicle
sales, new and used, including servicing,
mechanical repairs, painting, body and fender
repair and rental when such uses are in
conjunction with the primary use.
(3) Brewery with tasting room as defined in Section
11-1.15.02(B) and pursuant to Article
56 (Alcoholic Beverages) of the Lomita Zoning
Code.
(4) Brewpub as defined in section 11-1.15.02(B)
and pursuant to article 56 (Alcoholic Beverages)
of the Lomita Zoning Code.
(5) Fueling service stations that do not include
servicing and repair facilities.
(6) Fueling service stations with ancillary automated
car-wash facilities that do not include servicing
and repair facilities.
(7) Hotels and motor inns, subject to architectural
review by the planning commission. The
establishment of these uses must, as a
minimum, have in excess of thirty-five (35) units.
June 4, 2024, Reg. CC Mtg., Page # 403
(8) Hotels and motor inns, subject to architectural
review by the planning commission and subject
to the special development standards contained
in section 11-1.68.07.
(9) Outdoor storage or display provided that the
planning commission shall require information
on the specific materials to be stored or
displayed and the following possible conditions:
(a) Screening fences or walls.
(b) Special setbacks relative to the materials
stored or displayed.
(c) Time limits.
(d) Special regulations relative to access by
trucks.
(e) Other conditions deemed necessary to
protect the public health, safety and welfare.
(10) Packaged liquor stores exceeding three
thousand (3,000) square feet in floor area
provided that such use is not located closer then
[than] fifteen hundred (1,500) feet from another
packaged liquor store, including food markets
selling packaged liquor.
(11) Packaged liquor when ancillary to food sales,
pursuant to Article 56 of the Lomita Zoning
Code.
(12) Restaurants and cafes serving alcoholic
beverages, pursuant to Article 56 of the Lomita
Zoning Code.
(13) Theaters, movie (not covered under 11-
1.48.02(B)).
(14) Thrift stores subject to standards contained
in section 11-1.68.08.
(15) Bay-based indoor recreation including, but not
limited to, bowling alleys, axe throwing alleys,
darts alleys, and golf simulation.
(16) Workout studios with a capacity of less than ten
(10) total customers and staff members games
(not covered under 11-1.48.02(B)).
(14) Computer-based indoor recreation including
virtual reality, esports, and arcade games (not
covered under 11-1.48.02(B)).
Sec. 11-1.49.02. - Principal uses permitted.
Premises in zone D-C may be used for the following
principal uses:
(A) Any use similar to the following uses which the
commission finds to fall within the intent and
purpose of this zone that will not be more
obnoxious or materially detrimental to the public
Attachment 2 Exhibit A
welfare and which the commission finds to be of a
comparable nature and of the same class as the
uses enumerated in this section.
(1) Antique shops.
(2) Bakeries (retail only).
(3) Basic personal services including:
barber/beauty shop, dry cleaner,
nail/manicure shop, tailoring, and shoe repair.
Permanent makeup is permitted as an
ancillary use to a beauty or nail shop.
(4) Confectionery stores/ice cream parlors.
(5) Florist shops.
(6) Permanent flower stand or news stand within
the right-of-way subject to an encroachment
permit or license agreement.
(7) Food markets (excluding the sale of alcoholic
beverages).
(8) Restaurants and cafes (not serving alcoholic
beverages).
(9) Retail sale and the ancillary service of
merchandise. Not including home furnishing,
or specialty home improvement stores.
(B) The following additional uses located above the
ground floor of the building in which they are
located:
(1) Office, business and professional, including
medical.
(2) Personal improvement uses such as: music
studio, tutoring, children's group classes,
fitness center/health club, and dance/karate
studio, with less than fifty (50) persons
based upon occupant load as determined by
building and safety.
(3) Computer-based indoor recreation including
virtual reality, esports, and arcade games.
(4) Workout studios with a capacity of ten (10)
to forty (40) total class members and staff
members per class.
(2)(5) Workout studios with a capacity of less than
ten (10) total customers and staff members.
Subsection (A) of Sec. 11-1.49.04. Permitted uses
by conditional use permit
(1) Brewpub as defined in section 11-1.15.02(B) and
pursuant to article 56 (alcoholic beverages) of the
Lomita Zoning Code.
(2) Outdoor vending from a retail store: Flower, plant, or clothing sales in conjunction with sale of related
products from a retail store.
June 4, 2024, Reg. CC Mtg., Page # 404
Attachment 2 Exhibit A
(3) Off-site sale of alcohol at service and retail
establishments as an accessory use, and pursuant
to article 56 of the Lomita Zoning Code.
(4) Packaged liquor when ancillary to food sales,
pursuant to article 56 of the Lomita Zoning Code.
(5) Restaurants, bars, cocktail lounges, nightclubs
and cafes serving alcoholic beverages, pursuant
to article 56 of the Lomita Zoning Code.
(6) Residential uses permitted under the mixed use
overlay designation pursuant to section 11-1.58 of
the Lomita Municipal Code.
(7) Theaters, live stage and movie.
(8) Wine stores and ancillary wine tasting, and
pursuant to article 56 of the Lomita Zoning Code.
(9) Bay-based indoor recreation including, but not
limited to, bowling alleys, axe throwing alleys,
darts alleys, and golf simulation.
(10) Course-based indoor recreation including escape
rooms, mini-golf, laser tag, skating, trampoline
parks, and obstacle courses.
(11) The following additional uses located on the
ground floor of the building in which they are
located:
(a) Workout studios with a capacity of ten (10)
to forty (40) total class members and staff
members per class.
(b) Workout studios with a capacity of less
than ten (10) total customers and staff
members.
(8)(c) Computer-based indoor recreation
including virtual reality, esports, and
arcade games
June 4, 2024, Reg. CC Mtg., Page # 405