Part 1 — GENERAL PROVISIONS

Article 10. - Introductory Provisions

Sec. 11-1.10.01. - Authority.

This chapter is adopted pursuant to section 11 of article XI of the Constitution of the State of California and in compliance with the requirements of the Planning Law, title 7 of the Government Code.

Sec. 11-1.10-02. - Short title.

This chapter shall be known as the "Zoning Ordinance".

Sec. 11-1.10.03. - Purpose.

It is the purpose of this chapter to encourage, classify, designate, regulate, restrict, and segregate the highest and best location and use of buildings, structures, and other purposes in appropriate places; to regulate and limit the height, number of stories and size of buildings and other structures, hereafter designed, erected, or altered; to regulate and limit the density of population; to facilitate adequate

provisions for community utilities, such as transportation, water, sewage, schools, parks and other public requirements; to lessen congestion on streets; to promote the public health, safety, welfare and general prosperity with the aim of preserving a wholesome, serviceable and attractive community. This chapter shall also assist the implementation of the city's general plan and other precise plans.

A person shall not use any premises in any zone except as hereafter specifically permitted in this chapter and subject to all the regulations and conditions enumerated in this chapter.

Article 11. - Scope

Sec. 11-1.11.01. - Minimum requirement of this chapter.

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare.

Sec. 11-1.11.02. - Replacement of other ordinances.

The provisions of this chapter shall not be deemed or construed to repeal, amend, modify, alter or change any other ordinance or any part thereof not specifically repealed, amended, modified, altered or changed herein, except in such particulars or matters as this chapter is more restrictive than such other ordinance, or part thereof; and that in all particulars wherein this chapter is not more restrictive, each such other ordinance shall remain in full force and effect.

Sec. 11-1.11.03. - Reference to any portion of this chapter.

Whenever reference is made to any portion of this chapter, or of any other law or ordinance, the reference applies to all amendments and additions now or hereafter made.

Sec. 11-1.11.04. - Compliance with other ordinances and laws.

Nothing in this chapter shall be construed to authorize the use of any lot or parcel of land in violation of this chapter or any other applicable statute, ordinance or regulation.

Sec. 11-1.11.05. - Severability of any portion of this chapter.

If any provisions or portion of any provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby.

Sec. 11-1.11.06. - Continuation of previously granted variances.

All exceptions heretofore granted pursuant to the provisions of zoning ordinances of the city, as amended, shall be deemed to exist hereafter as variances pursuant to Article 70 (Zoning Ordinance Administration), and shall be subject to all the conditions and provisions governing such variances upon the effective date of this chapter.

(Ord. No. 733, § 2(pt. 2), 9-7-10)

Sec. 11-1.11.07. - Continuation of previously granted permits.

All permit uses heretofore lawfully existing under zoning ordinances of the city, as amended, shall continue in effect until revoked or terminated and shall be continued under these ordinances and shall be subject to all conditions governing such permit.

Sec. 11-1.11.08. - Continuation of existing nonconforming uses.

Any use established or conducted, or any building or improvement lawfully existing as a nonconforming use prior to the effective date of this chapter pursuant to zoning ordinance of the city, as amended, shall be

deemed to be continued under this chapter.

Sec. 11-1.11.09. - Lawfully established uses made nonconforming because of changes in standards of development.

A use which is not in violation of any provisions of this chapter and is a nonconforming use only because it does not meet the requirements of the standards of development may be changed or expanded as provided in Article 70 (Zoning Ordinance Administration) subject to all other provisions of this chapter or any other ordinance or law.

(Ord. No. 733, § 2(pt. 2), 9-7-10)

Sec. 11-1.11.10. - Procedure regarding pending proceedings.

When prior to the effective date of this chapter and pursuant to zoning ordinances of the city, as amended, an action has been taken, such action shall be deemed to have been taken pursuant to the provisions of this chapter and shall be processed, insofar as possible, in accordance with the provisions of this chapter. For the purpose of this section, action taken includes any of the following:

(1)

An application has been filed;

(2)

The commission or council has determined on its own initiative to hold a hearing;

(3)

A hearing has been held; or

(4)

A recommendation has been made.

Sec. 11-1.11.11. - License approval continued.

The rights given by any permit, license or other approval under any ordinance repealed by this chapter shall not be affected by such repeal; but such rights shall hereafter be exercised in accordance with the provisions of this chapter.

Sec. 11-1.11.12. - Violations of previous ordinance.

Any use established or conducted, or any building or improvement existing in violation of zoning ordinances of the city, as amended, upon the effective date of this chapter shall not be deemed to have acquired the status of a nonconforming use by reason of the adoption of this chapter, or any provision thereof. To the extent that such use, building or improvement was a violation of zoning ordinances of the city, as amended, or any other ordinance, statute or law, or in violation of this chapter, it shall be deemed a continuing violation.

Sec. 11-1.11.13. - Conviction of crime continued.

Any conviction for a crime under any ordinance which is repealed by this chapter, which crime is continued as a public offense by this chapter, constitutes a conviction under this chapter for any purpose for which it constituted a conviction under such repealed ordinance.

Sec. 11-1.11.14. - Repeals. (Reserved).

Article 12. - Declaration of Authority

Sec. 11-1.12.01. - Administration and enforcement.

The planning commission is hereby vested with the duty of administering and the power to enforce this chapter.

Sec. 11-1.12.02. - Regulation of power or duty by the commission.

Whenever by ordinance an administrative power is granted to or an administrative duty imposed upon the commission, the council may authorize or instruct the commission or its representatives to exercise such administrative power, or perform such administrative duty. The commission shall exercise all such powers and perform all such duties as instructed by the city council.

Sec. 11-1.12.03. - Assumption of power or duty of public officer.

Whenever a power is granted to or a duty imposed upon a public officer by this chapter, the power may be exercised or the duty may be performed by the commission, a deputy of the public officer, or a person authorized, pursuant to law or ordinance, by said officer, unless this chapter expressly provides otherwise.

Article 13. - Terminology

Sec. 11-1.13.01. - Gender.

When consistent with the context, words in the masculine gender include the feminine and neuter genders. Sec. 11-1.13.02. - May.

May is permissive.

Sec. 11-1.13.03. - Oath.

Oath includes affirmation.

Sec. 11-1.13.04. - Plural.

When consistent with the context, words in the plural include the singular.

Sec. 11-1.13.05. - Shall.

Shall is mandatory.

Sec. 11-1.13.06. - Singular.

When consistent with the context, words in the singular number shall include the plural.

Sec. 11-1.13.07. - Tenses.

When consistent with the context, words used in the present tense include the past and future tenses; and words in the future tense include the present tense.

Article 15. - Definitions

For the purpose of carrying out the intent of this chapter, the words, phrases and terms included herein shall be deemed to have the meaning ascribed to them in this article.

Sec. 11-1.15.01(A). -

Abut or abutting shall mean the same as adjoining.

Access shall mean the place, or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this chapter.

Accessory structure means a detached structure on the same lot or parcel of land as a principal structure and the use is incidental to the principal structure such as garage, carport, gazebo, cabanas, art studio, personal home gym, storage shed, trellis/lattice patio, swimming pool, spa, and other similar nonhabitable structures. An accessory structure does not include a principal structure, residential dwelling unit, accessory dwelling unit and junior accessory dwelling unit.

(Ord. No. 867U, § 5(Exh. A), 12-17-24; Ord. No. 868, § 5(Exh. A), 1-21-25)

Accessory use shall mean a use customarily incidental to, related and clearly subordinate to a principal use established on the same lot or parcel of land, which accessory use does not alter said principal use, or adversely affect other properties in the area.

Adjacent shall mean two (2) or more lots or parcels of land separated only by an alley, street, highway or recorded easement, or two (2) or more objects that lie near or close to each other.

Adjoining shall mean two (2) or more lots or parcels of land sharing a common boundary line, or two (2) or more objects in contact with each other.

Adult shall mean a person who is eighteen (18) years of age or older.

(Ord. No. 498, § 1, 7-20-92)

Adult day care shall mean any facility which provides nonmedical care and supervision to adults on less than a 24-hours-per-day basis.

(Ord. No. 498, § 1, 7-20-92)

Adult residential care shall mean any adult home, group care and similar facility which provides 24-hoursper-day nonmedical care and supervision to adults.

(Ord. No. 498, § 1, 7-20-92; Ord. No. 695, pt. 2, 12-18-06)

Alcoholic beverage shall mean any liquid containing one-half of one (0.5) percent alcohol or more by volume and which is fit for consumption either alone or when diluted, mixed or combined with other substances.

(Ord. No. 453, § II, 12-4-89)

Alley shall mean an unnamed public or private right-of-way less than forty (40) feet wide which affords a means of vehicular access to the side or rear of properties abutting a street or highway.

Alternative transportation shall mean the use of modes of transportation other than the single-passenger motor vehicle, including but not limited to carpools, vanpools, buspools, public transit, walking and bicycling.

(Ord. No. 510, § 2, 2-15-93)

Amendment shall mean a change in the wording, context or substance of this chapter, or a change in the zoning maps, which are part of this chapter when adopted by ordinance by the city council in the manner prescribed by law. (Ord. No. 696, pt. 1, 12-18-06)

Antique shop shall mean a place offering for sale antiques, which are works of art, pieces of furniture, decorative objects or the like, of or belonging to the past, at least thirty (30) years old.

(Ord. No. 696, pt. 1, 12-18-06)

Apartment house shall mean a building, or a portion of a building, designed or used for occupancy by three (3) or more families, living independently of each other and containing three (3) or more dwelling units.

(Ord. No. 696, pt. 1, 12-18-06)

Applicable development shall mean any development project that is determined to meet or exceed the project size threshold criteria contained in section 11-1.57.04.

(Ord. No. 510, § 2, 2-15-93)

Arcade shall mean establishments which maintain four (4) or more games of skill or amusement consisting of machines, games, devices, tables, boards or amusements, the operation of which is made possible by depositing coins, plate, token or disk into slot, crevice or other opening or receptacle or by payment of any fee or fees. The number of games for determination of whether or not an arcade exists shall be determined by counting each CRT or video screen with two (2) or less control devices as a single game regardless of whether or not the screens are joined as a single unit.

(Ord. No. 410, § 1, 1-15-87; Ord. No. 448, § I, 7-3-89)

Area as used in this chapter shall mean net area unless otherwise specified.

Area, net, shall mean that area of a lot or parcel of land exclusive of:

(1)

Public alleys, highways or streets,

(2)

Proposed public facilities such as alleyways, streets or other necessary public sites when included within a proposed development project,

(3)

Any portion of a site within the right-of-way of an existing public street,

(4)

That portion of a flag lot constituting the right-of-way connecting the lot with the public road,

(5)

That full width/length of a legal easement recorded on lots or parcels of records for a required street dedication, or for access to other properties.

(Ord. No. 498, § 1, 7-20-92)

Assembly hall shall mean any building, or portion of a building, used for public or private gatherings, with a maximum capacity for congregation in the assembly area of more than fifty (50) people (as determined the Department of Building and Safety). For example, and without limitation, assembly hall includes a club,

lodge, meeting hall, religious facility, auditorium, theater and similar kinds of facilities used for congregation purposes, whether available for public or private use. Unless otherwise specified in this Code, any use with an assembly area of more than fifty (50) people shall be classified as an assembly use for purposes of applying the standards in this Code. Uses that accommodate less than fifty (50) people in the assembly area shall be classified according to their respective primary activities.

(Ord. No. 748, § 2(pt. 4), 1-17-12; Ord. No. 796, § 3, 3-20-18)

Sec. 11-1.15.02(B). -

Bachelor apartment shall mean two (2) or more connecting guest rooms which do not contain cooking facilities and are designed, used or intended to be used, rented or hired out as living accommodations for any person as a single living unit.

Basement shall mean that portion of a building between floor and ceiling, which is entirely below ground level grade or partly below and partly above ground level grade, but so located that the vertical distance from ground level grade to the basement floor is greater than the vertical distance from ground level grade to the basement ceiling at any one point of the basement's exterior walls, except for subterranean garages and building code egress which may allow openings for vehicles and/or pedestrian egress openings not to exceed twenty-five (25) percent of the basement's linear feet of perimeter walls. Inclusive of the openings, the entire basement exterior wall surface may not average more than fifty (50) percent above ground level grade compared to the portion of the basement below ground level grade. False ceilings are not counted for the distance between grade and the ceiling.

(Ord. No. 867U, § 5(Exh. A), 12-17-24; Ord. No. 868, § 5(Exh. A), 1-21-25; Ord. No. 870U, § 5(Exh. A), 3-1825; Ord. No. 871, § 5(Exh. A), 4-1-25)

Bed and breakfast is an overnight accommodation with up to ten (10) guest rooms and an onsite or immediately adjacent kitchen that is used to prepare breakfasts for guests.

(Ord. No. 870U, § 5(Exh. A), 3-18-25; Ord. No. 871, § 5(Exh. A), 4-1-25)

Brewery with tasting room shall mean a facility which produces beer, ale, and other fermented malt beverages on site and have on-site ancillary tasting rooms open to the public with beer tasting limited to those produced on site. The facility may also sell alcoholic beverages for off-site consumption limited to those alcoholic beverages produced on site.

(Ord. No. 798, § 2, 5-15-18)

Brewpub shall mean a facility that prepares and serves food and alcoholic beverages for on-site sales and which also produces beer, ale, or other fermented malt beverages. The facility may also sell alcoholic beverages for off-site consumption limited to only those alcoholic beverages produced on site. The facility may produce up to seven thousand five hundred (7,500) barrels a year.

(Ord. No. 787, § 2, 5-2-17)

Building shall mean any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals, chattel or property of any kind.

Building, accessory, shall mean a detached subordinate building, the use of which is customarily incidental to that of the main building or to the principal use of the land and which is located on the same lot or parcel of land with the main building or principal use of the land.

Building frontage shall mean the building frontage is the measurement, in linear feet, of the building or buildings that front onto a major arterial street, not including driveways and pedestrian courtyards between buildings.

(Ord. No. 863, § 3(A), 10-3-24)

Building height shall be defined as the vertical distance as measured from the average level of the natural grade of that portion of the site covered by the building(s) to the highest point of the structure. For existing structures, height shall be measured from the existing improved grade adjacent to the structure to the highest point of the structure. In residential zones south of Pacific Coast Highway, any construction above sixteen (16) feet, as measured in the manner prescribed above, shall require a height variation permit.

(Ord. No. 412, § I, 5-18-87; Ord. No. 867U, § 5(Exh. A), 12-17-24; Ord. No. 868, § 5(Exh. A), 1-21-25)

Building, main, shall mean a building in which is conducted a principal use of the lot or parcel of land upon which it is situated. In a residential or agricultural zone any dwelling shall be deemed to be a main building upon the lot or parcel of land on which it is situated.

(Ord. No. 348, § 1, 4-4-83)

Buspool shall mean a vehicle carrying sixteen (16) or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule.

(Ord. No. 510, § 2, 2-15-93)

Sec. 11-1.15.03(C). -

The California Environmental Quality Act (CEQA) shall mean a statute that requires all jurisdictions in the state to evaluate the extent of environmental degradation posed by proposed development.

(Ord. No. 510, § 2, 2-15-93)

Cannabis or marijuana shall mean all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. "Cannabis/marijuana" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis/marijuana" also includes cannabis that is used for medical, non-medical, or other purposes. However, "cannabis/marijuana" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis/marijuana" also does not include industrial hemp, as defined in California Health and Safety Code section 11018.5.

(Ord. No. 793, § 4, 12-5-17)

Cannabis accessories means any equipment, products or materials of any kind which are intended for use, or designated for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.

(Ord. No. 793, § 4, 12-5-17)

Cannabis cultivation or "cultivate cannabis" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. Cannabis cultivation does not include the cultivation of six (6) or fewer live cannabis plants within a single private residence or fully enclosed accessory structure in accordance with Health and Safety Code section 11362.2.

(Ord. No. 793, § 4, 12-5-17)

Cannabis product means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

(Ord. No. 793, § 4, 12-5-17)

Carpool shall mean a vehicle carrying two (2) to six (6) persons commuting together to and from work on a regular basis.

(Ord. No. 510, § 2, 2-15-93)

Carport shall mean any freestanding structure, tent, or canopy designed to serve as a shelter for a vehicle, and having less than four (4) sides.

(Ord. No. 724, § 2(pt. 1), 5-18-09; Ord. No. 867U, § 5(Exh. A), 12-17-24; Ord. No. 868, § 5(Exh. A), 1-21-25)

Cellar shall mean same as a basement, except that the space is not conditioned for habitation.

(Ord. No. 867U, § 5(Exh. A), 12-17-24; Ord. No. 868, § 5(Exh. A), 1-21-25)

Child shall mean a person who is less than eighteen (18) years of age.

(Ord. No. 498, § 1, 7-20-92)

Child care center shall mean a facility other than a small or large family day care home in which less than 24-hours-per-day nonmedical care and supervision is provided for children in a group setting.

(Ord. No. 498, § 1, 7-20-92)

Children's home shall mean one (1) or more buildings used for the semipermanent twenty-four-hour care of orphans or other children deprived of parental care, operated by a public agency or a philanthropic or charitable organization, but shall not include commercial enterprises operated by such organizations or a correctional institution.

City shall mean the City of Lomita.

City council shall mean the city council of the City of Lomita.

Clear vision triangle shall mean an unoccupied triangular area located at the intersection of two (2) vehicular passageways composed of either two (2) streets, a street and an alley, a street and a driveway, or a driveway and a sidewalk. Two (2) perpendicular triangle legs are measured from the corner intersection of property lines for a minimum distance of ten (10) feet each way along the lot line(s), or driveway based on the situation. The third leg of the triangle is a line joining the ends of the other two (2) legs. Such triangular area shall remain clear of obstructions between three (3) and ten (10) feet above grade.

(Ord. No. 856, § 4(A), 9-19-23)

Club, private shall mean any building or premises used by an association of persons, whether incorporate or unincorporated, organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

Collective means any association, affiliation, or establishment jointly owned and operated by its members that facilitate the collaborative efforts of qualified patients and primary caregivers, as described in the Attorney General Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, issued by the Attorney General's Office in August 2008, as amended from time to time, which sets regulations intended to ensure the security and non-diversion of marijuana grown for medical use by qualified patients or primary caregivers.

(Ord. No. 777, § 1, 1-27-16; Ord. No. 778, § 1, 2-2-16)

Commercial cannabis activity means cultivation, manufacture, processing, storing, laboratory testing, packaging, labeling, transporting, distribution, or sale of cannabis or a cannabis product for medical, nonmedical, or any other purpose and includes the activities of any business licensed by the state or other government entity under division 10 of the California Business and Professions Code, or any provision of state law that regulates the licensing of cannabis businesses. Commercial cannabis activity includes medical marijuana dispensaries.

(Ord. No. 793, § 4, 12-5-17)

Commission shall mean the planning commission of the City of Lomita.

Concentrated cannabis means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate.

(Ord. No. 793, § 4, 12-5-17)

Contiguous shall mean the same as adjoining.

Convalescent home shall mean the same as rest home.

Court shall mean an open, unoccupied space, bounded on two (2) or more sides by the walls of a building. An inner court is a court entirely enclosed within the exterior walls of a building. All other courts are outer courts.

(Ord. No. 618, § 2, 3-6-00)

Cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.

(Ord. No. 777, § 1, 1-27-16; Ord. No. 778, § 1, 2-2-16)

Sec. 11-1.15.04(D). -

Delivery, as used in article 83, part 9, means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer. The term "delivery" does not include the distribution of cannabis from a mobile marijuana dispensary.

(Ord. No. 793, § 5, 12-5-17)

Designated parking space shall mean a parking space designated, assigned, or reserved for the exclusive use of one particular business' customers.

(Ord. No. 847, § 4(A), 4-18-23)

Developer shall mean the builder who is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing the provisions of all city ordinances as determined by the property owner.

(Ord. No. 510, § 2, 2-15-93)

Development shall as it pertains to article 57 only, mean the construction or addition of new building square footage. Additions to buildings which existed prior to the adoption of article 57 and which exceed the thresholds defined in section 11-1.57.04(B) shall comply with the applicable requirements but shall not be added cumulatively with existing square footage; existing square footage shall be exempt from these requirements. All calculations shall be based on gross square footage.

(Ord. No. 510, § 2, 2-15-93)

Development site shall mean a parcel or group of contiguous parcels that are proposed for development as one project.

(Ord. No. 863, § 3(A), 10-3-24)

Dispensary means a facility (medical or nonmedical) where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and cannabis products as part of a retail sale.

(Ord. No. 793, § 5, 12-5-17)

Distribution, as used in article 83, part 9, means the procurement, sale, and transport of cannabis and cannabis products between entities licensed under division 10 of the California Business and Professions Code, as they may be amended from time to time.

(Ord. No. 793, § 5, 12-5-17)

Driveway shall mean a vehicular access to an off-street parking space, parking lot or parking structurebeing public or private, or, where required, to provide fire department access and turnaround.

(Ord. No. 475, § 2, 2-4-91; Ord. No. 867U, § 5(Exh. A), 12-17-24; Ord. No. 868, § 5(Exh. A), 1-21-25)

Duplex shall mean the same as "dwelling, two-unit."

(Ord. No. 695, pt. 3, 12-18-06)

Dwelling, primary, shall mean a building used as a one-family, two-family or multi-family dwelling other than an accessory dwelling unit, junior accessory dwelling unit or two-unit housing development.

(Ord. No. 839, § 3, 9-6-22; Ord. No. 867U, § 5(Exh. A), 12-17-24; Ord. No. 868, § 5(Exh. A), 1-21-25)

Dwelling, one-family, shall mean a detached building designed or used exclusively for occupancy by onefamily and containing one dwelling unit.

Dwelling, two-family, shall mean a building designed or used exclusively for occupancy by two (2) families and containing two (2) dwelling units.

Dwelling, two-unit, shall mean a building containing two (2) dwelling units.

(Ord. No. 695, pt. 3, 12-18-06)

Dwelling, two-unit housing development means a housing development containing no more than two (2) residential dwelling units within a single-family residential zone, other than an accessory dwelling unit or junior accessory dwelling unit, that qualifies for ministerial review pursuant to California Government Code Section 65852.21. A housing development contains two (2) residential dwelling units if the development proposes no more than two (2) new residential dwelling units or proposes to add one new residential dwelling unit to one existing residential unit, or retention of two (2) existing legal non-conforming residential dwellings units where one or both units are subject to a proposed addition or alteration.

(Ord. No. 832U, § 9, 2-28-22; Ord. No. 834U, § 14(1), 4-5-22; Ord. No. 839, § 3, 9-6-22)

Dwelling unit shall mean one or more rooms in a building, or portion thereof, designed, intended to be used or used for occupancy for living and sleeping quarters, and containing only one kitchen.

(Ord. No. 695, pt. 3, 12-18-06)

Sec. 11-1.15.05(E). -

Emergency shelters. Housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

(Ord. No. 759, § 2, 7-1-13)

Explosives shall mean any explosive substance, having a power equal to or greater than that of ordinary black powder, including but not limited to blasting caps, detonating, fulminating or electric caps, gunpowder and dynamite, but shall not include fixed ammunition for small arms.

Sec. 11-1.15.06(F). -

Farm pet shall mean hen chickens, donkeys, ducks, geese, goats, horses, mules, sheep, turkeys and such other similar animals which in the opinion of the Lomita Planning Commission are neither more obnoxious nor detrimental to the public welfare than the animals enumerated above.

(Ord. No. 851, § 4(A), 5-16-23)

Fixed seats shall mean the number of seats in any bench, pew or chair attached to the floor or wall. Where benches or pews are not otherwise divided, a fixed seat shall be computed on a basis of one (1) for every clear lateral space of twenty-four (24) inches.

(Ord. No. 152, § 1, 4-14-73)

Floor area: see "Gross floor area."

(Ord. No. 475, § 2, 2-4-91)

Floor area ratio (F.A.R.) shall mean the gross square footage of the main or primary building(s) or structure(s) and all accessory building(s) or structure(s) including the required garage on a lot or parcel of land divided by the net lot area, as defined in section 11-1.15.01(A).

In calculating the floor area ratio (F.A.R.), the measurements from outside wall to outside wall, using gross square footage shall be used. The gross square footage includes the area of all floors of the main structure and all of the accessory structures, but excludes basements, decks, balconies, trellis/lattice patio and covered porches and patios enclosed on not more than two (2) sides.

(Ord. No. 498, § 1, 7-20-92; Ord. No. 867U, § 5(Exh. A), 12-17-24; Ord. No. 868, § 5(Exh. A), 1-21-25)

Food market: See "Mini-market."

(Ord. No. 453, § II, 12-4-89)

Foster family homes means any residential facility providing 24-hours-per-day care for six (6) or fewer foster children in the residence of the foster parent(s), including their family, in whose care the foster children have been placed.

(Ord. No. 498, § 1, 7-20-92)

Sec. 11-1.15.07(G). -

Garage shall mean an accessory building with a roof, not less than three (3) enclosed sides and an openable garage door on the fourth side.

(Ord. No. 440, § 5, 4-17-89; Ord. No. 867U, § 5(Exh. A), 12-17-24; Ord. No. 868, § 5(Exh. A), 1-21-25)

Gasoline service station shall be defined as any business which sells, vends or distributes motor vehicle fuel, alone or with any other land use.

(Ord. No. 453, § II, 12-4-89)

Grade, ground level, shall mean the lowest outside finished ground point of a building or structure.

(Ord. No. 327, § 1, 8-3-81)

Gross floor area shall mean the sum of the gross horizontal area of the total number of floors, including all areas below ground level, and accessory buildings on the same site measured from the outside walls, but exclusive of open atriums and open courts.

(Ord. No. 475, § 2, 2-4-91)

Ground floor shall refer to the lowest level within a building that is accessible from and within three (3) feet above or two (2) feet below the grade of the street.

(Ord. No. 863, § 3(A), 10-3-24)

Group homes shall mean a facility which provides twenty-four (24) hours-per-day nonmedical care and supervision to children and/or adults in a structured environment with services provided at least in part by staff employed by the licensee. Small family and foster family homes which provide care for six (6) or fewer children and/or adults on a twenty-four (24) hours basis are excluded from this definition.

(Ord. No. 498, § 1, 7-20-92)

Guesthouse shall mean living quarters located within an accessory building located on the same premises with a main building and occupied solely by members of the family, temporary guests or persons regularly employed on the premises. Such quarters shall have no kitchen and shall not be rented or otherwise used as a separate dwelling unit.

Sec. 11-1.15.08(H). -

Height: See "Building height."

(Ord. No. 867U, § 5(Exh. A), 12-17-24; Ord. No. 868, § 5(Exh. A), 1-21-25)

Height variation permit: Procedure whereby the-community and economic development director or planning commission may grant permission to construct a new building, addition or alteration to an existing building above sixteen (16) feet and not to exceed twenty-seven (27) feet in height in residential zones south of Pacific Coast Highway.

(Ord. No. 412, § II, 5-18-87; Ord. No. 498, § 1, 7-20-92; Ord. No. 867U, § 5(Exh. A), 12-17-24; Ord. No. 868, § 5(Exh. A), 1-21-25)

Home occupation shall mean any use customarily conducted in a residential area and carried on by the inhabitants thereof, for compensation, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which use does not change the character thereof or does not adversely affect the uses permitted in the district of which it is part.

Hospital shall mean an institution providing physical or mental health services, impatient or overnight accommodations, and medical or surgical care of the sick or injured.

Hotel shall mean any building or portion of any building with access provided through a common entrance, lobby or hallway to six (6) or more guest rooms, having no cooking facilities, and which rooms are designed, intended to be used or are used, rented or hired out as temporary or overnight accommodations for guests.

Household pet shall mean only the following domestic animals commonly kept in residence with man:

(1)

Canaries

(2)

Cats, domestic

(3)

Chinchillas

(4)

Chipmunks

(5)

Dogs

(6)

Finches (7) Gopher snakes (8) Guinea pigs

(9)

Hamsters

(10)

Hawks

(11)

King snakes

(12) Marmoset monkeys

(13) Mynah birds

(14)

Parrots, parakeets, amazons, cockatiels, cockatoos, lories, loikeets, love birds, macaws, and similar birds of the psittacine family

(15)

Pigeons

(16)

Rabbits

(17)

Ravens

(18)

Squirrel monkeys

(19)

Toucans

(20)

Tropical fish

(21)

Turtles

(22)

Vietnamese pot-bellied pig

(23)

White doves

(24)

White mice and rats

and such other similar animals which in the opinion of the Lomita Planning Commission are neither more obnoxious nor detrimental to the public welfare than the animals enumerated above.

(Ord. No. 498, § 1, 7-20-92)

Sec. 11-1.15.10(J). -

Junk and salvage yard shall mean any premises used for the keeping or storage of junk, including, but not limited to, iron and scrap metals, paper, rags, glass, wood and similar materials and shall include the dismantling of machinery or the storage or keeping for sale of parts and equipment resulting from dismantling or wrecking operations on said property or elsewhere. "Junk and salvage yard" shall also include the baling of cardboard, cardboard boxes, paper and paper cartons.

(Ord. No. 796, § 4, 3-20-18; Ord. No. 868, § 5(Exh. A), 1-21-25)

Sec. 11-1.15.11(K). -

Kitchen shall mean any space within a building designed, intended to be used or used for the cooking, or the preparation of food.

(Ord. No. 839, § 4, 9-6-22; Ord. No. 868, § 5(Exh. A), 1-21-25)

Sec. 11-1.15.12(L). -

Landscaping shall mean the planting and maintenance of some combination of trees, shrubs, vines, ground covers, flowers or lawns. In addition, the combination or design may include natural features such as rock and stone; and structural features, including but not limited to, fountains, reflecting pools, art works, screens, walls, fences and benches.

Large family day care home shall mean any residential home which provides day care, protection, and supervision for seven (7) to fourteen (14) children on a less than twenty-four (24) hours-per-day basis, including those children under the age of ten (10) who reside at the home or are the children of the caregiver.

(Ord. No. 498, § 1, 7-20-92; Ord. No. 839, § 5, 9-6-22)

Large family home shall mean any residential home providing twenty-four hours-per-day care, protection and supervision for seven (7) to twelve (12) children, including but not limited to foster children, physically, mentally or otherwise impaired children who require special care; and including those children under the age of ten (10) who reside at the home or are the children of the caregiver.

(Ord. No. 498, § 1, 7-20-92)

Lattice patio shall mean a structure that is either freestanding or that is attached to a dwelling unit. The lattice part of said patio shall be composed solely of support columns and crossed lattice members and shall conform to the following standards:

(a)

Cross members shall be permitted; and

(b)

The maximum width of the lattice member shall not exceed two (2) inches; and

(c)

The minimum separation from each parallel member shall be two (2) inches; and

(d)

Such lattice patio shall remain permanently unenclosed.

Laundromat, full-service is a full-service laundry that provides a personalized customer service where the staff members wash, dry and fold clothes and other fabrics, and, in some cases, provides options like pickup and delivery.

(Ord. No. 870U, § 5(Exh. A), 3-18-25; Ord. No. 871, § 5(Exh. A), 4-1-25)

Laundromat, self-service laundromat is a coin laundry, or coin wash, where the customer washes and/or dries clothes and other fabrics without the need for personalized professional help.

(Ord. No. 870U, § 5(Exh. A), 3-18-25; Ord. No. 871, § 5(Exh. A), 4-1-25)

Live-work/work-live units are single-tenant spaces that include both a residential unit and a commercial use such as an artist studio, photography studio or similar use. This differs from other types of mixed-use developments where the residential use and commercial or other nonresidential use is in different tenant spaces. Live-work units comprise one or more rooms with cooking space and sanitary facilities in conformance with the uniform building code (UBC) and adequate working space available for and regularly used by persons residing therein. Commercial portions of live-work units may also be utilized by employees not residing in the unit.

(Ord. No. 863, § 3(A), 10-3-24)

Loading area shall mean an off-street space or berth on the same lot with a main building or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading, and which has access from a street, alley, parking area or other permanent means of egress and ingress.

(Ord. No. 475, § 2, 2-4-91)

Lot shall mean:

(a)

A parcel of real property which is shown as a lot in a subdivision recorded as a final map with a number or other designation, on a plat recorded in the office of the county recorder of Los Angeles County; or

(b)

A parcel of land, the dimensions or boundaries of which are defined by a record of survey recorded pursuant to the provisions of the Subdivision Map Act of the State of California, in the office of the county recorder of Los Angeles County; or

(c)

A parcel of land registered under the Land Title Law (Torrens Title), and held under separate ownership from adjacent property on the effective date of this chapter.

Lot area shall mean the total area, measured in a horizontal plane, included within the lot lines of a lot or parcel of land.

Lot coverage shall mean the horizontal area measured within the outside of the exterior walls of all buildings and accessory structures on a lot including garages, carports, and covered porches. Lot coverage does not include swimming pools, spas, equipment, trellis/lattice patios, hardscape and groundlevel decks or patio slabs.

(Ord. No. 498, § 1, 7-20-92; Ord. No. 839, § 5, 9-6-22; Ord. No. 867U, § 5(Exh. A), 12-17-24; Ord. No. 868, § 5(Exh. A), 1-21-25)

Lot, flag, shall mean a lot not fronting on or abutting on public road and where access to the public road is by a narrow private right-of-way which is not a part of the buildable area of said lot.

(Ord. No. 498, § 1, 7-20-92)

Lot, key, shall mean a lot where the rear property line abuts the side property line of one or more lots and where such lots are not separated by an alley or any public way.

(Ord. No. 860, § 4(A), 4-2-24)

Lot line adjustment shall mean an adjustment of lot line between two (2) or more existing adjacent parcels, but not to exceed four (4) parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created.

(Ord. No. 414, § 6, 6-1-87)

Lot line, front, shall mean a line separating an interior lot from a street or highway, or a line separating the narrower street frontage of a corner lot from the street or highway. In the case of a flag lot, the front lot line is the property line most parallel to the street or highway other than the flag staff.

(Ord. No. 867U, § 5(Exh. A), 12-17-24; Ord. No. 868, § 5(Exh. A), 1-21-25)

Lot line, rear, shall mean a lot line which is opposite and most distant from the front lot line. For a triangular or goreshaped lot, the rear lot line shall mean a line ten (10) feet in length within the lot which is parallel to the front lot line, or parallel to the chord of a curved front lot line, and at the maximum distance from the front lot line.

Lot line, side, shall mean any lot boundary line which is not a front lot line or a rear lot line.

Lot merger shall mean merging of two (2) or more contiguous parcels which are under the same ownership, for the purpose of construction on or across the existing lot lines between the contiguous parcels, or where one of the parcels does not conform to current standards for minimum lot area or dimensions.

(Ord. No. 414, § 6, 6-1-87)

Lot, through, shall mean an interior lot having a frontage on two (2) streets and/or highways.

(Ord. No. 867U, § 5(Exh. A), 12-17-24; Ord. No. 868, § 5(Exh. A), 1-21-25)

Lot width shall mean the horizontal distance between the side lot lines measured at right angles to the lot depth line or the average of the lot width where the lot width across the front and rear lot lines are different at any point thereto, excluding the flag staff for flag lots.

(Ord. No. 298, § 1, 5-7-79; Ord. No. 391, § 1, 12-2-85; Ord. No. 796, § 5, 3-20-18; Ord. No. 867U, § 5(Exh. A), 12-17-24; Ord. No. 868, § 5(Exh. A), 1-21-25)

Sec. 11-1.15.13(M). -

Manufacture, as used in article 83, part 9, means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

(Ord. No. 793, § 6, 12-5-17)

Marijuana shall have the same meaning as the definition of that word in Health and Safety Code § 11018.

(Ord. No. 714, § 2, 6-16-08)

Massage establishment shall mean an establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

(Ord. No. 705, pt. 1, 7-2-07)

MAUCRSA means the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in division 10 of the Business and Professions Code, as the same may be amended from time to time.

(Ord. No. 793, § 6, 12-5-17)

Medical clinic shall mean any facility providing physical or mental health service to persons and medical or surgical case of persons sick or injured but shall not include inpatient or overnight accommodations. Medical clinic includes health center, health clinic and doctors' offices.

Medical marijuana dispensary means any association, cooperative, club, co-op, delivery service, collective, and any other similar use that distributes, dispenses, stores, sells, exchanges, processes, delivers, cultivates, makes available, transmits and/or gives away marijuana in the city involved in the sale, possession, cultivation, use, and/or distribution of marijuana for medicinal purposes in accordance with Health and Safety Code sections 11362.5 and 11362.7 et seq.

(Ord. No. 714, § 2, 6-16-08; Ord. No. 777, § 2, 1-27-16; Ord. No. 778, § 2, 2-2-16)

Merchandise shall mean goods, wares, merchandise or other tangible personal property but does not include novelties, curios and curiosa.

Mini-market or food market shall be defined as a small market with a broad array of grocery products, including but no limited to dairy products, health and beauty aids, paper goods, household maintenance items, fast food, candy, soft drinks, packaged alcoholic beverages for off-site consumption, etc., provided that a conditional use permit has been obtained for the sale of alcoholic beverages.

(Ord. No. 453, § II, 12-4-89)

Mixed-use projects/mixed-use developments are those that combine residential and nonresidential uses on the same project site, either vertically (such as when residential uses are located over commercial uses) or horizontally (such as when the street frontage of a site is devoted to commercial uses with residential uses behind). Mixed-use developments feature structural separations between the residential and nonresidential spaces to allow the two (2) uses to be rented, leased, sold or occupied separately. Mixed-use developments that do not contain structural separations between the residential and nonresidential uses may be approved by the planning commission on a case-by-case basis. In order to be considered a mixeduse project, the project must have a minimum of two (2) distinct land uses.

(Ord. No. 863, § 3(A), 10-3-24)

Mobile marijuana dispensaries means any dispensary, cooperative, association, club, business, collective, operator, or provider that does not have a fixed storefront and which operates solely as a mobile retail outlet which transports or delivers, or arranges the transportation or delivery, of cannabis to a person for non-medicinal use.

(Ord. No. 793, § 6, 12-5-17)

Mobile home park shall mean any lot or parcel of land where mobile home or trailer sites are rented or leased, or offered for rent or lease for one or more mobile home trailer coaches.

Motel shall mean a building or group of buildings where a minimum of eighty (80) percent of the living units have no kitchen or cooking facilities, but have individual sleeping units, with garage attached or parking space conveniently located to each unit, all for the temporary use by automobile tourists or transients; includes auto courts, tourist courts and motor lodges.

(Ord. No. 113, § 1, 6-7-71; Ord. No. 298, § 1, 5-7-79; Ord. No. 637, § 2, 3-19-01)

Motor inn shall mean the same as motel.

Mural shall mean a pictorial representation, painting, or other artwork, that is made integral with an exterior wall surface, and that does not specifically identify goods or services offered by the business on the premises or include a commercial advertising message by a business not on the premises.

(Ord. No. 855, § 4(A), 9-5-23)

Sec. 11-1.15.14(N). -

Neon tubing shall mean a glass or plastic tubing utilizing electric energy combined with gaseous substance to create light source.

Nonconforming structure shall mean any structure or improvement of land or property that was lawfully established in compliance with all applicable ordinances and laws at the time of approval, but which, due to the application of the chapter or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which the structure or improvement is located.

(Ord. No. 867U, § 5(Exh. A), 12-17-24; Ord. No. 868, § 5(Exh. A), 1-21-25)

Nonconforming use shall mean any use of land or property that was lawfully established and in compliance with all applicable ordinances and laws at the time the use was established, but which, due to any amendment thereto, the use is no longer permitted or is subject to a conditional use permit or minor conditional use permit based on the zone in which the use is located.

(Ord. No. 867U, § 5(Exh. A), 12-17-24; Ord. No. 868, § 5(Exh. A), 1-21-25)

Nursery school shall mean a school providing a day care for pre-elementary school age children.

(Ord. No. 551, § 1, 8-7-95)

Sec. 11-1.15.15(O). -

Off-site sale liquor establishment shall be defined as a food market, supermarket, drugstore, liquor store, convenience store, etc., which sells alcoholic beverages for off-premises consumption and not for resale.

Off-street parking shall mean a parking area located off any public right-of-way, alley or private street which shall be provided as required by this title.

(Ord. No. 475, § 2, 2-4-91)

On-site sale liquor establishment shall be defined as any establishment such as "bona fide restaurant" which sells alcoholic beverages for on-premises consumption. Typical on-site sale uses include ballrooms, dance bars, piano bars, cocktail lounges, restaurants, night clubs, VFW posts or other private clubs, etc.

(Ord. No. 453, § II, 12-4-89)

Opening in reference to a subterranean garage door and/or pedestrian egress shall mean any portions of a basement with an exposed exterior wall surface daylighting more than fifty (50) percent.

(Ord. No. 870U, § 5(Exh. A), 3-18-25; Ord. No. 871, § 5(Exh. A), 4-1-25)

Operative: See "Vehicle."

Outdoor advertising shall mean the use of a sign or signs soliciting public support or directing public attention to the sale, lease, hire or use of any objects, products, services or functions which are not produced, sold or otherwise available on the premises where such sign is erected or maintained.

Sec. 11-1.15.16(P). -

Parcel of land shall mean a contiguous quantity of land in the possession of, or owned, by, or recorded as the property of, the same claimant or person.

Parking aisle shall mean driving areas between rows of parking spaces or a row of parking spaces and an area adjacent thereto.

(Ord. No. 475, § 2, 2-4-91)

Parking area shall mean that part of a parcel or lot used or intended to be used for the parking and/or storage of vehicles, including access drives, aisles and maneuvering area.

(Ord. No. 475, § 2, 2-4-91)

Parking space shall mean a readily accessible area, but not including driveways, ramps, loading or work area maintained exclusively for the parking of one (1) motor vehicle.

Patient (qualified) and qualified patient shall have the same definition as Health and Safety Code section 3362.7, as may be amended, and which means a person who is entitled to the protections of Health and Safety Code section 11362.5. For the purposes of this article, qualified patient shall include a person with an identification card, as that term is defined by Health and Safety Code section 11362.7 et seq.

(Ord. No. 793, § 7, 12-5-17)

Person shall mean any individual firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, district, political subdivision, foreign country, or any other group or combination acting as a unit.

Planned development shall mean the planning, construction or implementation and operation of any use or structure, or a combination of uses and structures, on a single parcel of land based on a comprehensive and complete design or plan treating the entire complex of land, structures and uses as a single project.

Preferential parking shall mean parking spaces designated or assigned, through use of a sign or painted space markings for carpool and vanpool vehicles carrying commuter passengers on a regular basis that are provided in a location more convenient to a place of employment than parking spaces provided for singleoccupant vehicles.

(Ord. No. 510, § 2, 2-15-93)

Primary caregiver shall have the same definition as Health and Safety Code § 11362.7, as may be amended.

(Ord. No. 793, § 7, 12-5-17)

Principal structure means the same as "dwelling, primary."

(Ord. No. 867U, § 5(Exh. A), 12-17-24; Ord. No. 868, § 5(Exh. A), 1-21-25)

Property owner shall mean the legal owner of a development who serves as the lessor to a tenant. The property owner shall be responsible for complying with the provisions of all city ordinances either directly or by delegating such responsibility as appropriate to a tenant and/or his agent.

(Ord. No. 510, § 2, 2-15-93)

Public art shall be defined as an original, permanent work created in any variety of media by a professional artist. This may encompass sculptures, murals, photography, original graphic arts, water features, neon creations, glassworks, mosaics, unique lighting displays, or any mix of these and other media forms. It also includes permanent furnishings or fixtures attached to a building or its grounds, as well as certain architectural elements like decorative handrails and stained glass that are aesthetically enhanced beyond their functional use.

(Ord. No. 863, § 3(A), 10-3-24)

Sec. 11-1.15.18(R). -

Recreation equipment shall mean vehicles and equipment ordinarily used for recreational activities, including, but not limited to: boats, house trailers, camp trailers, motor homes and similar equipment and vehicles which in the opinion of the planning commission fall into this category.

(Ord. No. 475, § 2, 2-4-91)

Recycling area (areas for recycling) shall mean space allocated for collecting and loading of recyclable materials.

Religious facility shall mean a facility operated by religious organizations for worship, or the promotion of religious activities with a maximum capacity for congregation in the assembly area of more than fifty (50) people (as determined by the department of building and safety). Religious facility includes, without limitation, a church, mosque, synagogue, temple, or similar places for religious worship. Accessory uses on the same site associated with a religious facility are permitted (such as living quarters for clergy and staff and religious school and child day care facility), provided that the accessory use:

(1)

Is customarily a part of, and clearly incidental and secondary to, the place of worship;

(2)

Does not change the character of the religious facility; and

(3)

The use is authorized by the same type of land use permit required for the religious facility itself.

Nonaccessory uses, including, without limitation, full-time educational institutions, hospitals and other potentially related operations (for example, a recreational camp) are classified according to their respective primary activities.

(Ord. No. 748, § 2(pt. 5), 1-17-12)

Residence shall mean one or more rooms designed, used or intended to be used as permanent living quarters and not as temporary or overnight accommodations.

(Ord. No. 695, pt. 5, 12-18-06)

Responsible person shall have the same definition as section 1-5.02 of the Lomita Municipal Code.

(Ord. No. 793, § 8, 12-5-17)

Rest home shall mean a home offering or providing lodging, meals, nursing, dietary or other personal services to convalescents, invalids or aged persons but does not include surgery or the care of persons with contagious or communicable diseases. "Rest home" includes convalescent home and home for the aged.

Room shall mean an unsubdivided portion of the interior of a dwelling, excluding bathrooms, kitchens, closets, hallways, and service porches.

Rooming house shall mean a residence or dwelling, other than a hotel as defined in this article, wherein three (3) or more rooms, with or without individual or group cooking facilities, are rented to individuals under separate oral or written rental agreements or leases, whether or not an owner, agent, or property manager is in the residence. Rooming house includes boarding house and lodging house.

(Ord. No. 383, § 1, 2-19-85; Ord. No. 527, § 2, 11-21-94; Ord. No. 731, § 2(pt. 1), 6-7-10; Ord. No. 839, § 6, 9-6-22; Ord. No. 845, § 4(F, G), 3-21-23)

Sec. 11-1.15.19(S). -

Sanitarium and sanatorium shall mean the same as "rest home."

Satellite antenna shall mean an accessory use which is a device designed or used for the reception of television or other signals from orbiting satellites.

Self-storage facility shall mean any building or other place which is improved with a structure containing separate modules for the storage of property for personal use by the renter, and no materials of hazardous nature, nor shall there be warehousing of wholesale and/or retail materials and/or products.

(Ord. No. 828, § 4, 1-18-22)

Shared parking space shall mean a private parking area used jointly by two (2) or more uses.

(Ord. No. 847, § 4(A), 4-18-23)

Short-term parking space shall mean a customer parking space which shall not be occupied by the same vehicle for no more than thirty (30) minutes at a time.

(Ord. No. 847, § 4(A), 4-18-23)

Sign shall mean any method of display or part thereof, for visual communication that shall include any announcement, declaration, demonstration, display, illustration or insignia, which is used to advertise or promote the interests of any person, business, group or enterprise, and shall include accessory signs and outdoor advertising.

Sign, accessory, shall mean any sign other than outdoor advertising.

Single-family residential zone shall have the same meaning as in California Government Code Section 65852.21. A single-family residential zone includes the A-1 and R-1 zones.

(Ord. No. 832U, § 9, 2-28-22; Ord. No. 834U, § 14(2), 4-5-22; Ord. No. 839, § 7, 9-6-22)

Single-room occupancy housing unit (SRO): A residential facility where individual secure rooms are rented to a one- or two-person household. Rooms are generally one hundred fifty (150) to three hundred seventyfive (375) square feet in size and include a sink, closet and toilet, with shower and kitchen facilities typically shared. SRO units are rented on a weekly or monthly basis.

(Ord. No. 759, § 2, 7-1-13)

Significant view shall mean a view that is at least forty-five (45) degrees as seen from an area not more than sixteen (16) feet above natural grade, and not in any required setback areas.

(Ord. No. 724, § 2(pt. 2), 5-18-09)

Small family day care home shall mean any residential home which provides day care, protection, and supervision for eight (8) or fewer children on a less than twenty-four (24) hours-per-day basis, including those children under the age of ten (10) who reside at the home or are the children of the caregiver.

(Ord. No. 839, § 7, 9-6-22)

Small family home shall mean any residential home providing twenty-four (24) hours-per-day care, protection and supervision for six (6) or fewer children, including but not limited to foster children, physically, mentally or otherwise impaired children who require special care, and including those children under the age of ten (10) who reside at the home or are the children of the caregiver.

(Ord. No. 498, § 1, 7-20-92)

South Coast Air Quality Management District (SCAQMD) is the regional authority appointed by the California Legislature to meet federal standards and otherwise improve air quality in the South Coast Air Basin, of which the city is a part.

(Ord. No. 510, § 2, 2-15-93)

State shall mean the State of California.

Story shall mean that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above, "Story" includes a basement but not a cellar.

Story, half, shall mean a story with at least two (2) of its opposite sides situated immediately under a sloping roof, with the floor area of said story not in excess of two-thirds of the floor area of the floor immediately below it.

Street shall mean a public or private right-of-way, other than a parkway, major or secondary highway, freeway, or alley, whose function is to carry vehicular traffic and/or provide vehicular access to abutting property.

String lights shall mean two (2) or more exposed lamps, reflectorized bulbs or artificial illuminating devices which are energized. String lights strung along a glass surface of a business or when outlining a building shall be controlled in the same manner as neon tubing.

Structure shall mean anything constructed or erected, which requires a fixed location on the ground, or is attached to something having a fixed location on the ground.

Structure, advertising, shall mean a structure existing, erected or maintained to serve exclusively as a stand, frame or background for the support or display of signs.

(Ord. No. 379, § 1, 12-3-84; Ord. No. 553, § 1, 8-7-95; Ord. No. 759, § 2, 7-1-13; Ord. No. 845, § 4(A), 3- 21-23)

Sec. 11-1.15.20(T). -

Tenant shall mean the lessee of facility space at an applicable development project.

(Ord. No. 510, § 2, 2-15-93; Ord. No. 696, pt. 2, 12-18-06)

Thrift store shall mean a profit or nonprofit business or organization that engages in or specializes in the sale or resale of previously owned or used goods and merchandise from an area greater than twenty-five (25) percent of the total floor area devoted to retail sales. A specialty retail store that sells used merchandise, including, but not limited to, used record stores, used bookstores, used furniture stores, and sports trading card stores, shall not be considered a thrift store for the purpose of this chapter.

(Ord. No. 696, pt. 2, 12-18-06)

Transportation demand management (TDM) shall mean the alteration of travel behavior—usually on the part of commuters—through programs of incentives, services, and policies. TDM addresses alternatives to single-occupant vehicles such as carpooling and vanpooling, and changes in work schedules that move trips out of the peak period or eliminate them altogether (as is the case in telecommuting or compressed work weeks).

(Ord. No. 510, § 2, 2-15-93; Ord. No. 696, pt. 2, 12-18-06)

Trip reduction shall mean reduction in the number of work-related trips made by single-occupant vehicles.

(Ord. No. 510, § 2, 2-15-93)

Turnaround area shall mean that area of a street, alley or parking lot reserved to allow a vehicle to reverse its direction of travel.

(Ord. No. 475, § 2, 2-4-91)

Turning radius shall mean the radius of a circular arc required for a vehicle to change or reverse its direction of travel.

(Ord. No. 475, § 2, 2-4-91; Ord. No. 759, § 2, 7-1-13; Ord. No. 845, § 4(B), 3-21-23)

Sec. 11-1.15.21(U). -

Urban lot split means a ministerial application for a parcel to subdivide an existing parcel located within a single-family residential zone into two (2) parcels, as authorized by Section 66411.7 of the Government Code.

(Ord. No. 832U, § 9, 2-28-22; Ord. No. 834U, § 14(3), 4-5-22; Ord. No. 839, § 8, 9-6-22)

Use shall mean and include construction, establishment, maintenance, alteration, enlargement, operation and occupancy.

Sec. 11-1.15.22(V). -

Vanpool shall mean a vehicle carrying seven (7) or more persons commuting together to and from work on a regular basis, usually in a vehicle with a seating arrangement designed to carry seven (7) to fifteen (15) adult passengers, and on a prepaid subscription basis.

(Ord. No. 510, § 2, 2-15-93)

Variance shall mean a modification of a literal provision of this chapter, granted by an administrative or quasi-judicial act in accordance with the provisions of this chapter.

Vehicle shall mean an automobile, motorcycle, vehicle driven by the handicapped, motorhome and any other power-operated equipment/machine customarily used for transportation and or recreation.

(Ord. No. 475, § 2, 2-4-91)

Vehicle, operative, shall mean a vehicle legally operational for the road.

(Ord. No. 475, § 2, 2-4-91)

View is a scene, not located within the immediate area, such as, but not limited to, the ocean, Los Angeles Basin, city lights, harbor, shoreline, off-shore islands, valley, ravine, equestrian trails or pastoral environment. "View" does not include developable vacant land.

(Ord. No. 412, § III, 5-18-87)

Sec. 11-1.15.25(Y). -

Yard shall mean an open space on a lot or parcel of land, other than a court, unoccupied and unobstructed by a building from the ground upward.

Yard, front, shall mean a landscaped yard extending across the full front width of the lot or parcel of land. The depth of a required front yard shall be a specified horizontal distance between the front lot line and a line parallel thereto on the lot or parcel of land.

(Ord. No. 440, § 6, 4-17-89; Ord. No. 852, § 4(A), 5-16-23)

Yard, rear, shall mean a yard extending across the full width of the lot or parcel of land to the rear of the main structure. The depth of a required rear yard shall be a specified horizontal distance between the rear lot line and a line parallel thereto on the lot or parcel of land.

Yard, side, shall mean a yard extending from the required front yard, or the front lot line where no front yard is required, to the rear of the main structure or to the rear lot line where no rear yard is required. The width of the required side yard shall be specified horizontal distance between each side lot line and a line parallel thereto on the lot or parcel of land. Where a side yard is bounded by a street or highway, the width of such required side yard shall be a specified horizontal distance between the side lot line on the street or highway side, where said side lot line is coterminous with the street line of a fully widened street or highway, or the ultimate street line of a partially widened street or highway, and a line parallel thereto on the lot or parcel of land.

PART 2. - ESTABLISHMENT OF ZONES

Article 20. - Designation of Zones[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 535, § 2, adopted Dec. 5, 1994, provided that §§ 11-1.21.01 and 11-1.23.01, being the sole substantive sections of Arts. 21 and 23, be renumbered as §§ 11-1.20.02 and 11-1.20.03 in Art. 20; hence, Arts. 21 and 23 are reserved.

Sec. 11-1.20.01. - List of zones.

Property not designated in a zoning district shall be unclassified.

(Ord. No. 165, §§ 1, 2(a), 5-6-74; Ord. No. 535, § 1, 12-5-94; Ord. No. 845, § 4(L), 3-21-23; Ord. No. 863, § 3(B), 10-3-24)

Sec. 11-1.20.02. - Zoning map.

The Zoning Map of the City of Lomita is adopted by reference and shall hereafter be in effect and exist pursuant to and as a part of this chapter and shall be known and designated as the zoning map.

(Ord. No. 535, § 2, 12-5-94)

Sec. 11-1.20.03. - Uncertainty of boundaries.

Where uncertainty exists as to boundaries of any zone shown upon a zoning map, or any part thereof, the following provisions shall apply:

Where boundaries are indicated as approximately following lot lines or the center line of highways, streets or alleys, such lines shall be construed to be such boundaries.

Where a public highway, street or alley, or any portion thereof is officially vacated or abandoned, the area comprising such vacated highway, street or alley shall acquire the zone classification of the property to which it reverts.

3.

Areas in dedicated highways, streets or alleys, shall be deemed to be unclassified and in the case of highways, streets or alleys permitted to be used only for purposes lawfully allowed.

(Ord. No. 535, § 2, 12-5-94)

Article 21. - Reserved

Note— See the editor's note to Art. 20.

Article 23. - Reserved

Note— See the editor's note to Art. 20.

Article 25. - Special Purpose Zones

Sec. 11-1.25.01. - Designation of special purpose zones.

O-S Open space and recreation

Sec. 11-1.25.02. - Intent and purpose.

The special purpose zones are established to attain the goals of the general plan relative to recreation areas, undeveloped lands, areas with hazard restrictions and areas with natural resources. The special purpose zones may also provide incentives for specialized types of development not normally permitted in the basic zones contained in this ordinance but which comply with the city's development policies contained in the general plan.

(Ord. No. 535, § 3, 12-5-94)

Article 26. - Zone O-S

Sec. 11-1.26.01. - Intent and purpose.

Zone O-S is established in compliance with the City of Lomita General Plan and the California Open Space Lands Act to provide for the preservation, maintenance and enhancement for the recreational and natural resources of the City of Lomita. It is the purpose and intent of this zone:

(1)

To provide for the continual availability of open space lands for outdoor recreational use;

(2)

To protect water resources by maintaining open areas to recharge groundwater;

(3)

To protect ecological and habitat areas to assure continued survival of wildlife and vegetation;

(4)

To protect sites of historical, archaeological, cultural, scenic or scientific value;

(5)

To reduce the risk to public safety through the protective management of seismic, floodprone, fire, geologic and other natural hazard areas.

(Ord. No. 535, § 4, 12-5-94)

Sec. 11-1.26.02. - Principal uses permitted.

Premises in Zone O-S may be used for the following principal uses:

(1)

Arboretums;

(2)

Athletic fields excluding stadiums;

(3)

Beehives;

(4)

Campgrounds;

(5)

Cultural heritage sites and historical monuments;

(6)

Existing easements for underground pipelines;

(7)

Riding and hiking trails, excluding trails for motorized vehicles;

(8)

Public water reservoirs and related facilities;

(9)

Wildlife preserves and sanctuaries.

(Ord. No. 715, § 2, 6-16-08)

Sec. 11-1.26.03. - Accessory uses permitted.

Premises in zone O-S may be used for accessory uses provided such uses are established on the same lot or parcel of land, are incidental to and do not substantially alter the character of any permitted principal use, including but not limited to:

(1)

Antennas, for receiving, relaying and transmitting signals relative to emergency services.

(2)

Pedestrian and vehicular safety control boxes and devices.

(3)

Signs as permitted in Article 67.

(4)

Structures for the provision of public utility service to permitted principal uses.

(Ord. No. 715, § 2, 6-16-08)

Sec. 11-1.26.04. - Uses subject to commission's review and approval.

Premises in Zone O-S may be used for the following purposes subject to review and approval by the commission, pursuant to the provisions of Article 70, "Zoning Ordinance Administration":

(1)

Accessory buildings not more than four hundred (400) square feet and not for permanent human occupancy.

(2)

Comfort stations.

(3)

Grading in excess of five hundred (500) cubic yards.

(4)

Nursery stock including the raising of flowers, herbs and vegetables.

(5)

Parking lots accessory to a principal use permitted in this zone.

(6)

Stands for the display and sale of agricultural or horticultural products lawfully produced on the same lot or parcel.

(Ord. No. 535, § 4, 12-5-94; Ord. No. 733, § 2(pt. 2), 9-7-10)

Sec. 11-1.26.05. - Uses by conditional use permit.

Premises in Zone O-S may be used for the following purposes, provided a permit has been first obtained, pursuant to the provisions of Article 70, "Zoning Ordinance Administration":

(1)

Caretaker residences for principal uses permitted in this zone.

(2)

Communication equipment buildings.

(3)

Electric distribution and transmission substations.

(4)

Golf courses.

(5)

Golf driving ranges.

(6)

Military reservations.

(7)

Museums, public.

(8)

Parks and playgrounds including normal appurtenant facilities.

(9)

Refreshment stands.

(Ord. No. 535, § 4, 12-5-94; Ord. No. 733, § 2(pt. 2), 9-7-10)

Sec. 11-1.26.06. - Standards of development.

Premises in Zone O-S shall be subject to the development standards prescribed in this Article and those standards contained in Part 6, "General Standards of Development".

(A)

Lot area: Each lot or parcel of land created in Zone O-S after the adoption of this ordinance [December 5, 1994] shall have a minimum lot area of not less than five thousand (5,000) square feet.

(B)

Lot width and frontage: Each lot or parcel of land created after the adoption of this ordinance shall be reviewed for lot width and street frontage to provide adequate buffer area to insure compatibility with adjoining uses and access to public streets.

(C)

Height limit: No structure in Zone O-S except historic structures shall exceed thirty-five (35) feet in height.

(Ord. No. 535, § 4, 12-5-94)

Article 27. - 24000 Crenshaw Boulevard Specific Plan

Sec. 11-1.27.01. - 24000 Crenshaw Boulevard Specific Plan location.

The 24000 Crenshaw Boulevard Specific Plan (the "24000 Crenshaw Blvd. Specific Plan") applies to the 2.516 net acre property located at 24000 Crenshaw Boulevard, on the northwest side of Lomita, and is generally bound by Crenshaw Blvd. to the west and Lomita Blvd. to the south. The precise boundaries of the 24000 Crenshaw Boulevard Specific Plan are depicted on Figure 1.

==> picture [240 x 339] intentionally omitted <==

(Ord. No. 791, § 3, 10-3-17)

The following uses shall be permitted in the development area subject to the provisions of this chapter:

(1)

Multiple-family dwellings and amenities commonly associated to multi-family dwellings, including without limitation, leasing office, pool, roof deck, community room and fitness center.

(Ord. No. 791, § 3, 10-3-17)

Sec. 11-1.27.03. - Density.

Dwelling unit density shall not exceed eighty-eight (88) units per acre. In addition, the dwelling unit density in this specific plan shall be no greater than one dwelling unit per every four hundred ninety (490) square feet of net land area.

(Ord. No. 791, § 3, 10-3-17)

Sec. 11-1.27.04. - Maximum building height.

The maximum building height of all structures shall not exceed sixty-four (64) feet two (2) inches from the average grade plane along Crenshaw and Lomita Blvds. and sixty-four (64) feet zero inches from the average grade plane along the east property line. Staircases and elevator shafts and other minor accessory

structures may exceed these height limits to the minimum extent necessary for compliance with the required by the building code of the City of Lomita.

(Ord. No. 791, § 3, 10-3-17)

Sec. 11-1.27.05. - Setbacks.

Minimum setbacks for structures above finished ground level shall be provided as follows:

(a)

Front (Crenshaw Blvd.): sixteen (16) feet.

(b)

Rear (East Property Line): thirty-four (34) feet.

(c)

Side (Lomita Blvd.): ten (10) feet.

(d)

Side (North Specific Plan Line): none.

(e)

No setbacks shall be required for a subterranean parking structure located below the finished ground level.

(Ord. No. 791, § 3, 10-3-17)

Sec. 11-1.27.06. - Open space.

(1)

Private usable open space. Private usable open space, such as a patio or a balcony, shall be provided for all units greater than one thousand (1,000) square feet in area. This private usable open space shall be distinguished from adjacent spaces by a wall, decorative wrought iron fence and/or landscape. The private usable open space for each unit shall be no less than forty (40) square feet in area.

(2)

Public open space. Public useable open space, including active recreation open space and passive open space (including landscaping), shall be provided and shall occupy at least thirty (30) percent of the total unbuilt land area.

(Ord. No. 791, § 3, 10-3-17)

Sec. 11-1.27.07. - Dwelling unit area.

The gross area per dwelling unit, not including patios or balconies, shall be no less than five hundred fifty (550) square feet for studio units, no less than six hundred fifty (650) square feet for one-bedroom units, and no less than nine hundred fifty (950) square feet for two-bedroom units.

(Ord. No. 791, § 3, 10-3-17)

Sec. 11-1.27.08. - Loading.

No off-street loading spaces shall be required.

(Ord. No. 791, § 3, 10-3-17)

Sec. 11-1.27.09. - Parking and drive aisles.

(1)

There shall be a blended parking ratio no less than 1.86 parking spaces per unit with one space per four (4) units allocated to guests. For a project providing two hundred twenty (220) dwelling units, a minimum of four hundred nine (409) parking spaces shall be provided.

(2)

Tandem parking may be arranged to be no more than two (2) spaces in depth with no more than fourteen (14) tandem stalls for twenty-eight (28) spaces.

(3)

Standard parking stalls shall be nine (9) feet by nineteen (19) feet. Compact stalls shall be nine (9) feet by fifteen (15) feet. There shall be no more than ninety-eight (98) compact stalls. Required guest spaces shall be standard parking stall size.

(4)

Drive aisles shall be a minimum twenty-four (24) feet in width for two-way traffic.

(5)

Parking management plan required. Parking shall be designed in accordance with a parking management plan subject to community development director approval. The parking management plan shall indicate the location and allocation of parking stalls for individual units, visitors, and for physically handicapped designated spaces.

(6)

Tandem spaces shall only be assigned to two-bedroom units.

(7)

All guest spaces shall be clearly marked.

(8)

All parking spaces and driveway aprons within parking structures shall be constructed of concrete.

(Ord. No. 791, § 3, 10-3-17)

Lighting shall be designed to provide safety and security and shall serve to unify and enhance the appearance of the residential development. All lighting shall be in accordance with a lighting plan and photometric plan. The lighting plan shall examine the degree to which exterior lighting affects adjacent uses and shall consider the light source, level of illumination, and hours of illumination. The photometric plan shall depict the anticipated light levels generated by all exterior lights located on adjacent properties and immediately beyond the residential development boundaries. Both plans shall be subject to community development director or designee approval and shall ensure that light fixtures and illumination levels do not adversely impact aesthetics and architectural elements of the development.

(Ord. No. 791, § 3, 10-3-17)

All walls or fences shall be of decorative concrete, brick, block, vinyl, or decorative wrought iron, or a combination of the above. The design of walls and fences and the selection of landscape materials shall result in unifying elements throughout the development area. All walls and fences shall be coordinated to serve a common theme in terms of design, color, materials and location. The design, color, material and location of walls and fences shall be subject to the approval of the community development director or designee.

(Ord. No. 791, § 3, 10-3-17)

Sec. 11-1.27.12. - Signs.

(A)

Intent and purpose. The intent and purpose of this section is to establish a framework for a comprehensive system of sign controls governing the display, design, construction, installation, and maintenance of signs that will discourage indiscriminate and unregulated erection and maintenance of signs and other visual media which tend to create a garish, gaudy, and unsafe atmosphere and which tend to be out of harmony with the goals and objectives of the community.

(B)

Definitions.

(1)

Address sign shall mean a sign that identifies the building's legal numeric address and is visible from the closest streets and/or public access points. An address sign may also contain the legal address's street name. The copy height of address signs shall be no less than four (4) inches and no greater than eighteen (18) inches.

(2)

Area of sign includes the entire area within any type of perimeter or border which may enclose the outer limits of any writing, representation, emblem, figure, or character, including all open space. The area of the sign having no such perimeter or border shall be computed by enclosing the entire area within a parallelogram or triangle of the smallest size sufficient to cover the entire area of the sign and computing the area of the parallelogram or triangle. Decorative panels or face plates considered an integral part of the building design shall not be included as sign area.

When each letter of a sign is mounted individually against the face of a building and said letters are more than one foot apart, the area of each letter and its background face plate, if any, shall be computed separately as a portion of the total permitted wall sign area.

Sign area for double-faced signs area of both faces shall be included in the sign area.

(3)

Building identification sign shall mean a sign containing any of the following information, and no more; the name of the building, any portion of which is located on the same site area on which the sign is located, and the address of such building.

(4)

Directional sign shall mean a sign that is intended to provide directions for motorists entering a site from a public right-of-way to on-site parking or loading.

(5)

Door nameplate shall mean a sign containing the name of the businesses on the premises, and/or the street address and number only, and shall be affixed to the door shall occupy no more than ten (10) percent of the door area.

(6)

Monument sign is a freestanding sign where the base of the structure connects to the ground and is supported primarily by an internal structural framework or integrated into landscaping or other solid structural features other than support poles.

(7)

Parking entrance and exit signs shall mean a sign in close proximity to the driveway. Copy on the signs to be limited to information or instructions to guide motorists and/or assist with vehicle circulation.

(8)

Private regulatory signs shall mean a sign that provides information on regarding conduct on private property. Examples include, no trespassing, no dumping, no parking, towing and other similar signs.

(9)

Real estate sign shall mean a sign relating to the sale, lease, rental or other disposition of the real property on which the sign is located and shall be temporary in nature.

(10)

Sign shall mean any name, figure, character, outline, spectacle, display, delineation, announcement, signboard, device, appliance, a combination thereof, or any other thing of similar nature to attract attention outdoors or on the face or wall of any building, and shall include all parts, portions, units and material composing the same, together with the frame background, and support or anchorage therefor as the case may be, but shall not include official notices authorized by a court, public body or public officer, nor directional, warning or information signs authorized by federal, state or municipal authority.

(11)

Temporary sign shall mean a sign with commercial or non-commercial text which is intended to be displayed for less than sixty (60) days. Temporary signs shall include banners, and portable signs constructed of plywood, wallboard or similar light, rigid material which is not affixed in a permanent manner to the ground or to any structure.

(12)

Wall sign shall mean a sign affixed to an exterior wall of any building and projects not more than one foot from the building wall and does not project above the parapet wall of the building to which it is affixed. A sign painted on the face, side or rear wall of a building shall be considered as a wall sign. The face of the sign and the lettering shall be parallel to the wall of the building.

(13)

Window sign shall mean a sign affixed to the interior of a window.

(C)

General conditions.

(1)

All provisions set forth in section 11-1.67.03(A) must be complied with.

(2)

Sign review and approval.

a.

Applicability. No sign, except those identified as exempt in section 11-1.27.12(6), may be erected, constructed, altered or relocated without first obtaining sign approval.

b.

Authority. The community and economic development director, or designee, is responsible for determining compliance with this section and is responsible for sign approval.

c.

Procedure.

1.

Applications for a sign review must be submitted to the city with the applicable fees.

2.

Sign plans must be drawn to scale and show the following:

i.

Dimensions in inches.

ii.

Lettering style and size in inches.

iii.

Construction details.

iv.

An elevation of the proposed sign drawn to scale.

v.

Color samples and material samples, where appropriate, identified by using the Pantone system.

vi.

For illuminated signs, Nits or foot candle data.

d.

Expiration. If the work authorized under a sign approval is not completed within one year after the date of issuance, the sign permit is void.

e.

Unapproved signs. Should any sign be displayed or erected without receiving approval from the city, the city shall cause the sign to be abated subject to section 1-2.01 of the Municipal Code.

(D)

Permanent signs.

(1)

Building identification sign.

a.

The total combined area of all walls and/or monument signs shall be 1.25 square feet for each dwelling unit located on the lot or parcel.

b.

The total quantity of all signs shall not to exceed five (5) signs.

1.

Monument sign.

i.

One sign shall be allowed to identify the building, so long as it does not interfere with or obstruct the visibility of pedestrians and vehicular traffic.

ii.

The maximum height shall be six (6) feet from the lowest finished grade.

iii.

The area for each face shall be counted separately.

iv.

The sign shall be setback at least two (2) feet from the property line.

v.

The sign may be externally illuminated, in accordance with subsection (7).

2.

Wall sign.

i.

No more than four (4) wall signs shall be allowed to identify the building.

ii.

A singular sign shall not exceed one-half (0.5) a square foot for each dwelling unit located on the lot or parcel.

iii.

All signs shall be mounted flush against the wall of the building and shall not project above the parapet wall.

iv.

The sign may be externally illuminated, in accordance with subsection (7).

(2)

Address sign.

a.

Address signs are permissible provided they are visible from the closest street and/or public access located on the ground floor.

b.

The copy height of address sign shall be no less than four (4) inches and no greater than eighteen (18) inches.

c.

The sign may be illuminated with halo lighting and subject to subsection (7).

(3)

Parking entrance and exit signs. The maximum sign size shall be fourteen (14) square feet.

(E)

Temporary signs.

(1)

Initial for lease banner.

a.

One banner shall be allowed with a maximum area of six hundred ninety-seven (697) square feet.

b.

The banner shall be mounted on the wall of the building and shall not be higher than the height of the building to which it is attached.

c.

The sign shall not be illuminated.

d.

This provision shall sunset twelve (12) months after the certificate of occupancy is issued.

e.

The expiration date shall not be extended.

(2)

Banner.

a.

One banner sign shall be allowed, so long as it does not interfere with or obstruct the visibility of pedestrians and vehicular traffic.

b.

The sign may be ground or building mounted.

c.

The sign may be displayed for up to sixty (60) consecutive days per approved application and up to twice per calendar year for a maximum of one hundred twenty (120) days.

d.

The maximum size shall be thirty-six (36) inches by twenty-four (24) inches.

(3)

Failure to remove the temporary sign(s) after expiration of the permitted time period and failure to maintain the sign(s) in good condition will result in the city causing the sign(s) to be abated subject to section 1-2.01 of the Lomita Municipal Code.

(F)

Exempt signs permanent and temporary.

(1)

Directional signs.

a.

Directional signs shall contain only directional information and not any advertising message.

b.

The maximum sign area shall be two (2) square feet and the maximum height shall be forty-two (42) inches.

c.

The number and location of directional signs shall be at the discretion of the community and economic development director.

(2)

Door nameplate.

a.

Shall be non-illuminated and affixed to the interior of a door.

b.

A door nameplate shall have a maximum height of two (2) feet and a maximum width of two (2) feet per glazing pane.

c.

It shall be located only on the ground floor.

(3)

Private incidental regulatory signs.

a.

The maximum area shall not exceed twelve (12) square feet in surface area per/face and no more than oneinch thick.

b.

A lot may have up to two (2) signs per street frontage and an unlimited quantity of signs not visible from the public rights-of-way.

c.

Such signs shall contain no advertising, logos, or other promotional information.

(4)

Real estate sign.

a.

The type of sign may be either a wall or a monument sign.

b.

One sign shall be allowed per frontage and the maximum size shall be no more than fifteen (15) square feet per face.

c.

Real estate signs shall be removed with fifteen (15) days after such property is no longer for sale, lease, or exchange.

(5)

Window sign.

a.

It shall be non-illuminated and affixed to the interior of a window.

b.

A window sign shall have a maximum height of two (2) feet and a maximum width of two (2) feet per glazing pane.

c.

It shall be located only on the ground floor.

(G)

Illumination.

(1)

Unless authorized in this section, signs shall not be illuminated.

(2)

A wall sign(s), if illuminated, shall be illuminated by a single color continuous halo-lit light.

(3)

A monument sign, if illuminated, shall be illuminated by one single color continuous light per face.

(4)

Lighting shall not cause a hazard, create a glare, or be distracting.

(5)

The brightness level shall, to the satisfaction of the director of community and economic development, be consistent with the lighting in the area and not pose a nuisance or danger.

(6)

The community and economic development director's decision may be appealed to the planning commission per section 11-1.70.07, "site plan review." The decision of the planning commission may be appealed to the city council pursuant to the provisions for "appeals" set forth in this article.

(Ord. No. 791, § 3, 10-3-17; Ord. No. 827, § 4, 2-1-22; Ord. No. 844, § 4(A, B), 3-21-23)

Mechanical equipment, devices or facilities that are ancillary to residential dwelling units including, but not limited to, antennas, air conditioning systems, and filtration systems, are permitted in accordance with the following:

(1)

Air conditioning and filtration systems.

a.

Units shall be prohibited on private open space areas, including patios and balconies, and shall be located on the roof of residential buildings. In all cases, the units shall be neither visible nor audible from any adjacent properties, structures or streets. All residential units shall be provided with central air conditioning systems.

b.

The mechanical equipment shall comply with the city's noise ordinance.

c.

The air conditioning and filtration system units shall be screened by parapet walls to eliminate noise and visibility. Raised parapets shall be a minimum of six inches greater than the height of all units and shall be subject to the approval of the community development director.

(2)

Satellite dish antennas. Satellite dish antennas shall be located to be hidden from public view from the street level.

(Ord. No. 791, § 3, 10-3-17)

Trash facilities, including trash chutes, trash receptacles, or bins, shall be located wholly within the parking area or residential structures and hidden from public view to eliminate aesthetic impacts. Trash storage areas shall be designed in accordance with a solid waste plan. The solid waste plan shall identify the location of trash facilities and/or storage areas and should identify on-site scheduled trash pick-up times and shall be subject to review and approval by the community development director. Trash facilities shall be clean and free of debris.

(Ord. No. 791, § 3, 10-3-17)

Due to the urbanized nature of the surrounding area and the limited project size, the 24000 Crenshaw Blvd. Specific Plan area is currently provided with adequate facilities and services for sewage, water, drainage, solid waste disposal, and energy. As limited in size and intensity of use by the 24000 Crenshaw Blvd.

Specific Plan, the 24000 Crenshaw Blvd. Specific Plan area will not require the development of additional sewage, water, solid waste disposal, energy, or other essential facilities. In addition, all utility construction, connections and maintenance shall conform to the provisions of the City of Lomita Municipal Code.

(Ord. No. 791, § 3, 10-3-17)

Sec. 11-1.27.16. - Applicability of other standards.

All other development standards shall be governed by the city's zoning code. When uncertainly over applicability of requirements exists, standards applicable to the Residential Variable Density (RVD) and multi-family residential development, shall apply. In the event of a conflict between this Specific Plan and the zoning code, the Specific Plan shall control.

(Ord. No. 791, § 3, 10-3-17)

PART 3. - RESIDENTIAL ZONES Article 30. - Residential Zones[[3]]

Footnotes:

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Editor's note— Ord. No. 724, § 2(pt. 4), adopted May 18, 2009, amended art. 30 in its entirety and enacted similar provisions as set out herein. The former art. 30 derived from Ord. No. 618, § 1, adopted March 6, 2000.

Sec. 11-1.30.00. - Purpose and intent.

(A)

The residential zones are established to provide a range of housing types and densities to accommodate different life stages and income segments of the community.

(B)

Designation of residential zones:

(Ord. No. 724, § 2(pt. 4), 5-18-09; Ord. No. 839, § 9, 9-6-22; Ord. No. 863, § 3(C), 10-3-24)

Sec. 11-1.30.01. - Uses.

Table 11-1.30.A: Permitted Uses In Residential Zones

Notes:

1.

New buildings and additions requiring additional parking must receive site plan review approval pursuant to this title.

2.

Nonprofit organizations which existed prior to 1979 may apply for a conditional use permit provided that the school is located on the same site as the organization.

3.

ADUs and JADUs are either subject to a building permit only or ADU.

4.

These uses are only permitted with a primary use as determined by the director of community and economic department.

(Ord. No. 724, § 2(pt. 4), 5-18-09; Ord. No. 731, § 2(pt. 2), 6-7-10; Ord. No. 744, § 2, 6-20-11; Ord. No. 748, § 2(pt. 6), 1-17-12; Ord. No. 759, § 2, 7-1-13; Ord. No. 796, §§ 7, 8, 3-20-18; Ord. No. 832U, § 9, 2-28-22; Ord. No. 834U, § 14(4), 4-5-22; Ord. No. 839, § 9, 9-6-22; Ord. No. 845, § 4(C), 3-21-23; Ord. No. 851, § 4(B), 5-16-23; Ord. No. 863, § 3(C), 10-3-24; Ord. No. 867U, § 5(Exh. A), 12-17-24; Ord. No. 868, § 5(Exh. A), 1-21-25)

Table 11-1.30.B: Residential Zones Development Standards

Notes:

1.

Modifications to yard setbacks subject to the provisions for "Modifications" (section 11-1.70.08) and "Site plan review" (section 11-1.70.07).

2.

Fifty (50) feet of frontage must be on a dedicated public or private street, except for urban lot splits (section 11-1.30.15). A lot fronting a turnaround portion of a cul-de-sac may be forty (40) feet wide. Modification subject to development standards and requirements applicable to section 11-1.30.17 for planned residential development.

3.

Density subject to the general plan land use designation of the subject property as outlined below. Note that the general plan ranges are not code required minimums, i.e., housing could be constructed at less than 10.9 du/ac in the R-2 zone (residential—medium density).

a.

Residential—Agricultural; 0 - 10.89 du/ac.

b.

Residential—Low density; 5.8 - 10.89 du/ac.

c.

Residential—Medium density; 10.9 - 19.79 du/ac.

d.

Residential—High density; 19.8 - 43.6 du/ac.

4.

Setback equals ten (10) percent of the lot width, but not less than three (3) feet and need not exceed five (5) feet.

5.

Residential properties located south of Pacific Coast Highway shall be limited to sixteen (16) feet, and no more than one-story, excluding basement, in height unless a height variation permit is granted (section 11-

1.70.11).

6.

Accessory structures are limited to one-story, except for ADUs and JADUs which are subject to the height limits in section 11-1.30.06.

7.

Refer to section 11-1.30.14 for additional requirements.

8.

Refer to section 11-1.30.15 for development standards applicable to urban lot splits; section 11-1.30.16 for development standards applicable to two-unit residential development; and section 11-1.30.17 for planned residential development.

9.

Refer to section 11-1.30.17 for development standards applicable to planned residential developments.

10.

Garages shall be located a minimum of twenty (20) feet from secondary front property line.

11.

Garages must maintain a ten-foot distance from an alley centerline.

12.

Accessory structures are also subject to section 11-1.30.05 (Accessory buildings and structures).

13.

Swimming pools, spas, trellis/lattice patios and existing garages are not included in the maximum combined area of accessory structures.

(Ord. No. 724, § 2(pt. 4), 5-18-09; Ord. No. 796, § 9, 3-20-18; Ord. No. 832U, § 9, 2-28-22; Ord. No. 834U, § 14(4), 4-5-22; Ord. No. 839, § 9, 9-6-22; Ord. No. 852, § 4(B), 5-16-23; Ord. No. 854, § 4(A), 6-20-23; Ord. No. 863, § 3(C), 10-3-24; Ord. No. 867U, § 5(Exh. A), 12-17-24; Ord. No. 868, § 5(Exh. A), 1-21-25)

Sec. 11-1.30.03. - General standards of development.

The following general standards of development apply to all property in residential zones, except two-unit housing developments described in section 11-1.30.16.

(A)

A minimum of fifty (50) percent of the front yard shall be irrigated and landscaped with drought-tolerant species and adhere to the city's "water conservation ordinance" found at chapter 4 of title XII of this Code.

(B)

Single-story side yard additions may follow the existing legal building line provided that the setback is no less than three (3) feet from the property line. Site plan approval shall be required for second-story additions with less than a five-foot setback.

(C)

Garages shall not occupy more than fifty (50) percent of the linear frontage facing the right-of-way.

(D)

A minimum distance of six (6) feet is required between all buildings unless otherwise provided by the zoning ordinance and eaves may not be closer than three (3) feet.

(E)

Carports are only permitted subject to the provisions for "Modifications" (section 11-1.70.08) and "Site plan review" (section 11-1.70.07).

(F)

Solar collectors and solar energy systems may exceed height limits and setback requirements mandated by this Code to the minimum extent necessary for their safe and efficient operation in accordance with the California Buildings Code and other applicable provisions of state law. Where feasible, ancillary solar equipment shall be located inside a building or screened from public view. Solar collectors and solar energy systems shall require written approval by the director of community development or the designee of that individual to ensure compliance with this subsection.

(Ord. No. 724, § 2(pt. 4), 5-18-09; Ord. No. 832U, § 9, 2-28-22; Ord. No. 834U, § 14(5), 4-5-22; Ord. No. 839, § 9, 9-6-22; Ord. No. 867U, § 5(Exh. A), 12-17-24; Ord. No. 868, § 5(Exh. A), 1-21-25)

Sec. 11-1.30.04. - Location of other structures and projections into yards.

The following requirements apply to structures and projections into required yards:

(A)

Surface-mounted architectural features such as, but not limited to, cornices, eaves, and chimneys may project up to fifty (50) percent or two and one-half (2.5) feet into the required side yard setback, whichever is less, and up to five (5) feet in the required front, rear, and corner side yard setback.

(B)

Lattice and covered unenclosed porches located along the first floor and attached to a principal structure may project up to ten (10) feet into the required front and rear setback irrelevant of the unit's conformity to setback requirements.

(C)

Decks, balconies, open stairways, and other types of landings with any portion located above grade or ground floor, whichever is higher, may project up to five (5) feet into the principal structure's front, rear, and

corner side yard setbacks. The floor of any landing must be located at least six (6) feet below the maximum height limit for that zone. Access to any deck located above the ground level shall be provided directly from interior living space.

(D)

Rain conductors, spouts, utility service risers, and shutoff valves may project a maximum distance of onefoot into any required yard setback.

(E)

Utility equipment locations excluding solar equipment.

(1)

All ground-mounted utility equipment shall be a minimum of two (2) feet from interior property lines, ten (10) feet from corner property lines and not located within the required front yard setback area. All groundmounted utility equipment shall be effectively screened from public view.

(2)

Utility and mechanical equipment that is visible from the public right-of-way or an adjacent property may not be located on the roof of a single-family residence.

(3)

Modifications to the requirements in subsection (1) and (2) above may be made subject to the provisions for "Modifications" (section 11-1.70.08) and "Site plan review" (section 11-1.70.07).

(F)

Pool and spa-equipment shall be a minimum of three (3) feet from interior property lines, ten (10) feet from the secondary front and not located within the front yard.

(G)

Roof eaves may project a maximum of two and one-half (2.5) feet into a required yard provided it maintains a two and one-half (2.5)-foot setback from all property lines.

(Ord. No. 724, § 2(pt. 4), 5-18-09; Ord. No. 832U, § 9, 2-28-22; Ord. No. 834U, § 14(6), 4-5-22; Ord. No. 839, § 9, 9-6-22; Ord. No. 867U, § 5(Exh. A), 12-17-24; Ord. No. 868, § 5(Exh. A), 1-21-25)

Sec. 11-1.30.05. - Accessory buildings and structures.

(A)

This section does not apply to accessory dwelling units as described in section 11-1.30.06 and two-unit housing developments described in section 11-1.30.16.

(B)

In addition to any other applicable development standards, accessory structures must meet the following requirements:

(1)

No kitchen, bathrooms, permanent dividing wall, or drain pipes larger than two (2) inches shall be constructed in said structure, except for outdoor kitchens.

(2)

Maximum combined area for accessory buildings and structures shall not occupy more than fifty (50) percent of the required rear yard, except for pools, spas, ground-mounted equipment, patio slabs and ongrade decks. Modifications to this requirement may be made subject to the provisions for "Modifications" (section 11-1.70.08) and "Site plan review" (section 11-1.70.07).

(Ord. No. 724, § 2(pt. 4), 5-18-09; Ord. No. 796, § 10, 3-20-18; Ord. No. 832U, § 9, 2-28-22; Ord. No. 834U, § 14(7), 4-5-22; Ord. No. 839, § 9, 9-6-22; Ord. No. 867U, § 5(Exh. A), 12-17-24; Ord. No. 868, § 5(Exh. A), 1-21-25)

Sec. 11-1.30.06. - Accessory dwelling units.

(A)

Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.

(B)

Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:

(1)

Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.

(2)

Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

(3)

Considered in the application of any local ordinance, policy, or program to limit residential growth.

(4)

Required to correct a nonconforming zoning condition, as defined in subsection (C)(8) below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code § 17980.12.

(C)

Definitions. As used in this section, terms are defined as follows:

(1)

Accessory dwelling unit or ADU means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

a.

An efficiency unit, as defined by California Health and Safety Code § 17958.1; and

b.

A manufactured home, as defined by California Health and Safety Code § 18007.

(2)

Accessory structure means a structure that is accessory and incidental to a dwelling located on the same lot.

(3)

Complete independent living facilities means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

(4)

Efficiency kitchen means a kitchen that includes all of the following:

a.

A cooking facility with appliances.

b.

A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

(5)

Junior accessory dwelling unit or JADU means a residential unit that satisfies all of the following:

a.

It is no more than five hundred (500) square feet of interior livable space in size.

b.

It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family

structure.

c.

It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.

d.

If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

e.

It includes an efficiency kitchen, as defined in subsection (C)(4) above.

(6)

Livable space means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

(7)

Living area means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

(8)

Nonconforming zoning condition means a physical improvement on a property that does not conform with current zoning standards.

(9)

Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

(10)

Proposed dwelling means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

(11)

Public transit means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

(12)

Tandem parking means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

(D)

Approvals. The following approvals apply to ADUs and JADUs created under this section:

(1)

Ministerial ADU and building permits required. Every ADU and JADU requires an ADU permit and a building permit. The city will review and approve permit applications in accordance with subsection (D)(3) below.

(2)

Processing fee. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance. The ADU-permit processing fee is determined by the director of community and economic development and approved by the city council by resolution.

(3)

Process and timing.

a.

Completeness.

(i)

Determination in fifteen (15) days. The city will determine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within fifteen (15) business days after the city receives the application submittal.

(ii)

Incomplete items. If the city's determination under subsection (D)(3)a(i) above is that the application is incomplete, the city's notice must list the incomplete items and describe how the application can be made complete.

(iii)

Cure. After receiving a notice that the application is incomplete, the applicant may cure and address the items that were deemed by the city to be incomplete.

(iv)

Subsequent submittals. If the applicant submits additional information to address incomplete items, within fifteen (15) business days of the subsequent submittal the city will determine in writing whether the additional information remedies all the incomplete items that the city identified in its original notice. The city may not require the application to include an item that was not included in the original notice.

(v)

Deemed complete. If the city does not make a timely determination as required by this subsection a, the application or resubmitted application is deemed complete for the purposes of subsection (D)(3)c below.

(vi)

Appeal of incompleteness. An applicant may appeal the city's determination that the application is incomplete by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within sixty (60) business days after receipt of the appeal.

b.

No discretion or hearing. Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing.

c.

Deadline to approve or deny ministerial approvals. The city must approve or deny an application to create an ADU or JADU within sixty (60) days from the date that the city receives a complete application. If the city has not approved or denied the complete application within sixty (60) days, the application is deemed approved unless either:

(i)

The applicant requests a delay, in which case the sixty (60) day time period is tolled for the period of the requested delay, or

(ii)

When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

d.

Denial. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the sixty (60) day time period established by subsection (D)(3)c above.

e.

Appeal of denial. An applicant may appeal the city's denial of the application by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the denial

and provide a final written determination to the applicant within sixty (60) business days after receipt of the appeal.

f.

Concurrent review of demolition. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

(E)

Classes.

(1)

Class 1: Statutorily regulated. Class 1 ADUs and JADUs are approved under Government Code § 66323. If an ADU or JADU complies with each of the general requirements in subsection (F) below, it is allowed in each of the scenarios provided in this subsection (E)(1). An ADU and JADU approved under subsection (E) (1)a may be combined with an ADU approved under subsection (E)(1)b, and ADUs approved under subsection (E)(1)c may be combined with ADUs approved under subsection (E)(1)d.

a.

Converted on lot with single-family. One ADU as described in this subsection (E)(1)a and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

(i)

Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to one hundred fifty (150) additional square feet if the expansion is limited to accommodating ingress and egress; and

(ii)

Has exterior access that is independent of that for the single-family dwelling; and

(iii)

Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

(iv)

The JADU complies with the requirements of Government Code §§ 66333 through 66339.

b.

Limited detached on lot with single-family. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling, if the detached ADU satisfies each of the following limitations:

(i)

The side- and rear-yard setbacks are at least four (4) feet.

(ii)

The total floor area is eight hundred (800) square feet of livable space or smaller.

(iii)

The peak height above grade does not exceed the applicable height limit in subsection (F)(2) below.

c.

Converted on lot with multifamily. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (E)(1)c, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to twenty-five (25) percent of the existing multifamily dwelling units.

d.

Limited detached on lot with multifamily. No more than two (2) detached ADUs on a lot with a proposed multifamily dwelling, or up to eight (8) detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:

(i)

The side- and rear-yard setbacks are at least four (4) feet. If the existing multifamily dwelling has a rear or side yard setback of less than four (4) feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.

(ii)

The peak height above grade does not exceed the applicable height limit provided in subsection (F)(2) below.

(iii)

If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.

(2)

Class 2: Locally regulated. Class 2 ADUs are approved under Government Code §§ 66314—66322. Except for Class 1 ADUs approved under subsection (E)(1) above, all ADUs are subject to the standards set forth in subsections (F) and (G) below.

(F)

General requirements. The following requirements apply to all Class 1 and Class 2 ADUs and JADUs:

(1)

Zoning.

a.

A Class 1 ADU approved under subsection (E)(1) above may be created on a lot in a residential or mixeduse zone.

b.

A Class 2 ADU approved under subsection (E)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

c.

In accordance with Government Code § 66333(a), a JADU may only be created on a lot zoned for singlefamily residences.

(2)

Height.

a.

Except as otherwise provided by subsections (F)(2)b and (F)(2)c below, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed sixteen (16) feet in height.

b.

A detached ADU may be up to eighteen (18) feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half (½) mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Public Resources Code § 21155, and the ADU may be up to two (2) additional feet in height (for a maximum of twenty (20) feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

c.

A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed eighteen (18) feet in height.

d.

An ADU that is attached to the primary dwelling may not exceed twenty-five (25) feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (F)(2)d may not exceed two (2) stories.

e.

For purposes of this subsection (F)(2), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.

f.

Extra height available.

(i)

An ADU may exceed the applicable height limit in subsections (a) through (d) above if the space below the ADU is used to provide parking spaces on grade, in which case the ADU may reach the maximum height for a principal structure under section 11-1.30.03.

(ii)

The portion of the ADU that is within the increase in height that is allowed by this subsection (f) is subject to the principal structure setbacks.

(iii)

South of Pacific Coast Highway, any extra height under this subsection (f) requires a height variation permit under section 11-1.70.11.

(iv)

The extra height allowed under this subsection (f) is not available for an ADU that is on a lot with an existing or proposed multifamily dwelling that is over one thousand (1,000) square feet in floor area.

(v)

For an application that uses the extra height under this subsection (f) to be complete, the application must include an executed and notarized, ready-to-record deed restriction in a form approved by the city that limits the use of the at-grade parking area below the ADU to permanent parking and requiring the owner to remove the extra-height portion of the structure before the ground-level area may be used for anything other than parking.

(3)

Fire sprinklers.

a.

Fire sprinklers are required in an ADU or JADU if sprinklers are required in the primary residence.

b.

The construction of an ADU or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

(4)

Rental term. No ADU or JADU may be rented for a term that is shorter than thirty (30) days. This prohibition applies regardless of when the ADU or JADU was created.

(5)

No separate conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code § 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

(6)

Septic system. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five (5) years or, if the percolation test has been recertified, within the last ten (10) years.

(7)

Owner occupancy.

a.

ADUs. ADUs are not subject to an owner-occupancy requirement.

b.

JADUs.

(i)

Generally. As required by state law, JADUs are generally subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence.

(ii)

Exceptions. The owner-occupancy requirement in this subsection (f)(7)b does not apply in either of the following situations:

(I)

The JADU has separate sanitation facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure).

(II)

The property is entirely owned by another governmental agency, land trust, or housing organization.

(8)

Deed restriction. Prior to issuance of a certificate of occupancy for a JADU, a deed restriction must be recorded against the title of the property in the county recorder's office and a copy filed with the community and economic development director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:

a.

The JADU may not be sold separately from the primary dwelling.

b.

The JADU is restricted to the approved size and to other attributes allowed by this section.

c.

The deed restriction runs with the land and may be enforced against future property owners.

d.

The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the director, providing evidence that the JADU has in fact been eliminated. The community and economic development director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the director's determination consistent with other provisions of this Code. If the JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of a JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

e.

The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.

(9)

Building and safety.

a.

Must comply with building code. Subject to subsection (F)(9)b below, all ADUs and JADUs must comply with all local building code requirements.

b.

No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in California Building Code § 310, unless the building official or code enforcement division officer makes a written finding based on substantial evidence in the record that the

construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (F)(9)b prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

(10)

Certificate of occupancy timing.

a.

Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit.

b.

Limited exception for state-declared emergencies. Notwithstanding subsection (F)(10)a above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:

(i)

The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025.

(ii)

The primary dwelling was substantially damaged or destroyed by an event referenced in the Governor's state of emergency proclamation.

(iii)

The ADU has been issued construction permits and has passed all required inspections.

(iv)

The ADU is not attached to the primary dwelling.

(G)

Specific ADU requirements. The following requirements apply only to Class 2 ADUs approved under subsection (E)(2) above. This subsection (G) does not apply to Class 1 ADUs or JADUs approved under subsection (E)(1) above.

(1)

Maximum size.

a.

The maximum size of a detached or attached ADU subject to this subsection (G) is eight hundred fifty (850) square feet of interior livable space for a studio or one-bedroom unit and one thousand (1,000) square feet of interior livable space for a unit with two (2) or more bedrooms.

b.

An attached ADU that is created on a lot with an existing primary dwelling is further limited to fifty (50) percent of the floor area of the existing primary dwelling.

c.

Application of other development standards in this subsection (G), such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (G)(1)b above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU have less than eight hundred (800) square feet of interior livable space.

(2)

Floor area ratio (FAR). No ADU subject to this subsection (G) may cause the total FAR of the lot to exceed sixty (60) percent, subject to subsection (G)(1)c above.

(3)

Setbacks.

a.

ADUs that are subject to this subsection (G) must conform to four (4) foot side and rear setbacks. ADUs that are subject to this subsection (G) must conform to twenty (20) foot front setbacks, subject to subsection (G)(1)c above.

b.

No setback is required for an ADU that is subject to this subsection (G) if the ADU is constructed in the same location and to the same dimensions as an existing structure.

(4)

Lot coverage. No ADU subject to this subsection (G) may cause the total lot coverage of an R2 or R3 zoned lot to exceed eighty percent (80) percent, subject to subsection (G)(1)c above.

(5)

Passageway. No passageway, as defined by subsection (C)(9) above, is required for an ADU.

(6)

Parking.

a.

Generally. One off-street parking space is required for each ADU or bedroom, whichever is less. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (C)(12) above.

b.

Exceptions. No parking under subsection (G)(6)a is required in the following situations:

(i)

The ADU is located within one-half (½) mile walking distance of public transit, as defined in subsection (C) (11) above.

(ii)

The ADU is located within an architecturally and historically significant historic district.

(iii)

The ADU is part of the proposed or existing primary residence or an accessory structure.

(iv)

When on-street parking permits are required but not offered to the occupant of the ADU.

(v)

When there is an established car share vehicle stop located within one block of the ADU.

(vi)

When the permit application to create an ADU is submitted with an application to create a new singlefamily or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (G)(6)b(i) through (v) above.

c.

No replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

(7)

Architectural requirements.

a.

The materials and colors of the exterior walls, roof, and windows and doors must be the same as those of the primary dwelling.

b.

The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

c.

The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.

d.

The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

e.

The interior horizontal dimensions of an ADU must be at least ten (10) feet wide in every direction, with a minimum interior wall height of seven (7) feet.

f.

No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.

g.

All windows and doors in an ADU less than thirty (30) feet from a property line that is not a public right-of-

way line must either be (for windows) clerestory with the bottom of the glass at least six (6) feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

(8)

Allowed stories. No ADU subject to this subsection (G) may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph (F)(2)d of this section.

(H)

Fees. The following requirements apply to all Class 1 ADUs and JADUs and Class 2 ADUs that are approved under subsections (E)(1) or (E)(2) above.

(1)

Impact fees.

a.

No impact fee is required for a JADU or for an ADU that has less than seven hundred fifty (750) square feet of interior livable space. For purposes of this subsection (H)(1), "impact fee" means a "fee" under the Mitigation Fee Act (Government Code § 66000(b)) and a fee under the Quimby Act (Government Code § 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

b.

A JADU or ADU with less than five hundred (500) square feet of interior livable space does not increase assessable space by five hundred (500) square feet for purposes of Education Code § 17620(a)(1)(C), and is therefore not subject to school fees under Education Code § 17620.

c.

Any impact fee that is required for an ADU that has seven hundred fifty (750) square feet or more of interior livable space must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)

(2)

Utility fees.

a.

If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

b.

Except as described in subsection (H)(2)a, JADUs and converted ADUs on a single-family lot that are created under subsection (E)(1)a above are not required to have a new or separate utility connection directly between the JADU or ADU and the utility. Nor is a connection fee or capacity charge required. Notwithstanding the rest of this paragraph, a direct utility connection is required for separate conveyance of an ADU when separate conveyance is allowed under this Code.

c.

Except as described in subsection (H)(2)a, all ADUs that are not covered by subsection (H)(2)b require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.

(i)

The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.

(ii)

The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.

(I)

Nonconforming zoning code conditions, building code violations, and unpermitted structures.

(1)

Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

(2)

Unpermitted ADUs and JADUs constructed before 2020.

a.

Permit to legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:

(i)

The ADU or JADU violates applicable building standards, or

(ii)

The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (section 11-1.30.6).

b.

Exceptions.

(i)

Notwithstanding subsection (I)(2)a above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code § 17920.3.

(ii)

Subsection (I)(2)a above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code § 17920.3.

(J)

Nonconforming ADUs and discretionary approval. Any proposed ADU or JADU that would otherwise be allowed under this section but that does not conform to the objective design or development standards set forth in subsections (A) through (I) of this section may be allowed by the city with a conditional use permit, in accordance with the other provisions of this title.

(Ord. No. 724, § 2(pt. 4), 5-18-09; Ord. No. 796, § 11, 3-20-18; Ord. No. 838, § 3, 9-6-22; Ord. No. 854, § 4(B), 6-20-23; Ord. No. 860, § 4(B), 4-2-24; Ord. No. 865U, § 4(Exh. A), 12-3-24; Ord. No. 866, § 5(Exh. A),

12-17-24; Ord. No. 879, § 5(Exh. A), 12-16-25; Ord. No. 882, § 5(Exh. A), 1-20-26; Ord. No. 883, § 5(Exh. A), 2-17-26)

Editor's note— Ord. No. 865U, § 4(Exh. A), adopted Dec. 3, 2024, amended the title of § 11-1.30.06 to read as herein set out. The former § 11-1.30.06 title pertained to Accessory and junior accessory dwelling units.

Sec. 11-1.30.07. - Fences, hedges, and walls.

The following requirements apply to fence, hedges, and walls:

(A)

Fences, hedges, and walls within the required front yard setback shall not exceed forty-two (42) inches in height.

(B)

Fences, hedges, and walls within the required secondary front yard- corner lots shall not exceed forty-two (42) inches in height.

(C)

Fences, hedges, and walls along rear and interior side property lines shall not exceed six (6) feet in height.

(D)

Fences, hedges, and walls shall be erected to not create visual obstruction of vehicular and pedestrian traffic.

(E)

A gate across a vehicular driveway shall not be located in the front or secondary front-corner setback from the property line.

(F)

The height of a fence or wall shall be measured from the side with the higher finished grade.

(G)

Fences and walls shall be built with attractive, durable materials, including, but not limited to redwood, wrought iron, textured concrete block, vinyl specifically manufactured as fencing material, or formed concrete with reveals. Chainlink fencing, corrugated metal fencing, and/or fiberglass fencing, and "tennis windscreens" are not permitted within the front yard or secondary front yard areas.

(H)

All fences, hedges and walls shall be maintained in an orderly, neat, and safe condition.

(I)

Deviations to fence and wall height requirements may be made subject to "site plan review" and "modification" approval.

(Ord. No. 724, § 2(pt. 4), 5-18-09; Ord. No. 839, § 9, 9-6-22)

(A)

Household pets are permitted in all residential zones provided that the number does not exceed three (3) dogs or cats over the age of six (6) months.

(B)

Roosters (male chickens) are not permitted on any residential property.

(C)

Hens (female chickens) are permitted within the A-1 and R-1 Zones subject to the following:

(1)

A maximum of five (5) hens plus offspring under three (3) months of age may be permitted on one lot.

(2)

Any hen shall be provided with proper shelter and protection from the weather at all times, subject to the following requirements:

a.

The coop shall be structurally sound and shall be maintained in good repair and maintained in a sanitary condition, to protect the animals from injury or illness, to contain the animals, and to restrict the entrance of other animals.

b.

The coop shall be constructed of material easily cleaned and shall be kept in a sanitary condition. The structure shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required, according to the physical need of the animals, with sufficient light to allow observation of animals and sanitation.

c.

The coop floor area shall include a minimum of ten (10) square feet per hen over three (3) months of age and a maximum of one hundred (100) square feet in total.

d.

The coop shall only be located within the rear yard.

e.

The coop shall be located at least five (5) feet from any property line.

f.

The coop shall be located at least five (5) feet from any residential building used for the habitation of human beings.

g.

The coop shall be located at least thirty-five (35) feet from any public street curb.

h.

The coop shall be located at least fifty (50) feet from any lot located within a commercial zone or a lot containing a hospital or a school.

i.

The coop shall be no taller than eight (8) feet from ground level.

(D)

All other farm pets are permitted in the A-1 Zone subject to the following:

(1)

A minimum lot size of nine thousand five hundred (9,500) square feet.

(2)

Each horse, mule, or donkey shall have a minimum enclosed area of five hundred (500) square feet for the first such animal and three hundred (300) square feet for each additional animal.

(3)

Farm pets shall be kept a minimum distance of fifty (50) feet from any lot located within a commercial zone or a lot containing a hospital or a school.

(4)

A maximum of three (3) horses, mules, donkeys, or any combination thereof may be permitted on one lot.

(5)

The total number of farm pets shall not exceed twelve (12) on one lot.

(Ord. No. 724, § 2(pt. 4), 5-18-09; Ord. No. 839, § 9, 9-6-22; Ord. No. 851, § 4(C), 5-16-23)

Sec. 11-1.30.09. - Manufactured homes.

Manufactured homes are permitted provided that they meet the following requirements:

(A)

The manufactured home shall have the insignia of approval by the U.S. Department of Housing and Urban Development as set forth in Health and Safety Code (HSC) Section 18026 and as defined in 18007, as amended.

(B)

It shall be attached to a permanent foundation system and in compliance with all applicable building regulations.

(C)

It shall have a minimum width of twenty (20) feet.

(D)

It shall be covered with an exterior material customarily used on conventional dwellings and approved by the director of community development. The exterior covering material shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation.

(E)

The roof pitch shall not be less than a two-inch vertical rise for each twelve (12) inches of horizontal run and shall have eaves.

(F)

It shall have a porch consistent with the architecture of the surrounding neighborhood as determined by the director of community development.

(Ord. No. 724, § 2(pt. 4), 5-18-09; Ord. No. 839, § 9, 9-6-22)

Sec. 11-1.30.10. - State licensed community care and large family childcare facilities with seven or more persons.

(A)

Applicability. The following development and operation standards apply to state licensed community care facilities and large family childcare facilities with seven (7) or more persons. Residential care facilities serving six (6) or fewer residents, in addition to the caregiver, are allowed in all zoning districts that permit single-family residences and shall not be required to meet any requirement of this section.

(B)

A state licensed community care facility with seven (7) or more residents in addition to the caregiver shall be subject to the following:

(1)

No part of a parcel containing a community care facility with seven (7) or more residents shall be located closer than three hundred (300) feet to any part of another parcel containing a community care facility with seven (7) or more children and/or adults, on a twenty-four (24) hours-per-day basis.

(2)

The proposed use shall be licensed by the state and shall be conducted in a manner that complies with applicable provisions of the California Health and Safety Code for this kind of occupancy. If the state license is suspended or revoked, the conditional use permit may also be suspended or revoked.

(C)

Large family day care homes shall be subject to the following:

(1)

The business shall be operated in a single-family dwelling unit.

(2)

No other licensed large family day care home shall be located within six hundred (600) feet of the exterior property boundaries of the proposed property.

(3)

Business signs shall be prohibited in order to preserve the integrity of the residential neighborhood.

(4)

Hours of outdoor play activities shall only be permitted between the hours of 8:00 a.m. to 8:00 p.m.

(5)

The facility shall comply with State Fire Marshal standards for large-family day care facilities.

(6)

Provide a drop-off/pickup area, such as a driveway area, to minimize interference with traffic and promote the safety of the children.

(7)

On-site garages and parking areas needed to meet the parking requirements of the zone shall not be converted to any other use.

(8)

All necessary permits and licenses shall be obtained from the department of social services and the facility shall meet all State requirements as specified in the Health and Safety Code.

(9)

Separate all outdoor play areas from vehicular circulation, parking areas, equipment enclosures, unsecured storage areas, refuse and recycling areas.

(10)

Enclose all outdoor play areas with a natural barrier, wall, fence or other solid structure having a maximum height of six (6) feet and conforming to all requirements of this Code. If an outdoor play area is located within thirty (30) feet of a residential use, a six-foot high block wall shall be constructed along the property line. Should said wall obstruct pedestrian or vehicular visibility, or otherwise be not permitted pursuant to the zoning ordinance, an alternate method of buffering shall be designed, including, but not limited to, a landscape buffer area, subject to approval by the director of community development.

(D)

General requirements:

(1)

Should the care provider not be the owner of the property, the owner shall provide a written authorization for the use.

(2)

A city business license shall be obtained.

(3)

The facility may also be subject to other requirements (e.g., California Health and Safety Code, the California Administrative Code, and the Uniform Building Code).

(Ord. No. 724, § 2(pt. 4), 5-18-09; Ord. No. 839, § 9, 9-6-22)

Sec. 11-1.30.11. - Home occupations.

(A)

Home occupations may be conducted in residential zones provided the home occupation is approved in writing by the director of community development as valid and conforming with the following criteria and conditions and provided further that the applicant agrees thereto in writing:

(1)

There shall be no more than one employee for the home occupation other than the members of the resident family.

(2)

Total floor area devoted to the home occupation shall not exceed four hundred (400) square feet. This may be in either the home and/or in an accessory structure.

(3)

The use shall not generate pedestrian or vehicular traffic appreciably beyond that normal to the district in which it is located.

(4)

The use shall not generate commercial vehicle traffic for delivery of materials appreciably beyond that normal to the district in which it is located.

(5)

There shall be no use of material or mechanical equipment not recognized as being part of normal household or hobby uses.

(6)

There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes.

(7)

There shall be no excessive or unsightly outdoor storage of materials or supplies for purposes other than those permitted in the district in which it is located.

(8)

The home occupation shall not involve the use of signs or structures other than those permitted in the district of which it is a part.

(9)

In no way shall the appearance of the structure be so altered or the conduct of the occupation within the structure be such that the structure may be reasonably recognized as serving a nonresidential use either by color, materials or construction, lighting, signs, sounds or noises, vibrations, and so forth.

(B)

Should the director of community development deny an application for a home occupation use, the applicant may file an appeal in writing within five (5) working days of the denial, to the planning commission.

(Ord. No. 724, § 2(pt. 4), 5-18-09; Ord. No. 839, § 9, 9-6-22)

Editor's note— Ord. No. 733, § 2(pt. 1), adopted Sept. 7, 2010, repealed § 11-1.30.12, which pertained to height variation permit and derived from Ord. No. 724, § 2(pt. 4), adopted May 18, 2009.

Sec. 11-1.30.13. - Reasonable accommodation.

(A)

Purpose and definition. The purpose of this section is to establish the process for disabled persons to request reasonable accommodation in the application of the city's zoning laws where necessary to afford the disabled person an equal opportunity to use and enjoy a dwelling within the city. "Reasonable accommodation" means providing persons with disabilities flexibility in the application of city programs, including city land-use, zoning and building regulations, policies, practices and procedures, or waiving certain requirements when it is necessary to provide meaningful access to city programs or to eliminate barriers to housing opportunities for persons with disabilities.

(B)

Process for requesting reasonable accommodation.

(1)

A completed application form and the required fee provided by the community development department.

a.

A description of how the property will be used by the disabled individual(s);

b.

The basis for the claim that the fair housing laws apply to the individual(s) and evidence satisfactory to the city supporting the claim, which may include a letter from a medical doctor or other licensed health care professional, a handicapped license, or any other appropriate evidence;

c.

A detailed explanation of why the accommodation is reasonable and necessary to afford the applicant an equal opportunity to use and enjoy a dwelling in the city;

d.

Verification by the applicant that the property is the primary residence of the person for whom reasonable accommodation is requested.

(C)

Decision on application.

(1)

The director of community development shall consider an application for a reasonable accommodation. The director shall issue a written determination within thirty (30) days of the date of receipt of a completed application and may (1) grant the accommodation request with or without nondiscriminatory conditions of approval, (2) deny the request, or (3) refer the matter to a hearing officer.

(2)

The hearing officer shall consider an application for any reasonable accommodation request referred to it by the director. The hearing officer shall (1) grant the accommodation request with or without nondiscriminatory conditions of approval, or (2) deny the request. Notice of the hearing officer meeting shall be made in writing, ten (10) days prior to the meeting and mailed to the applicant and property owners who are located immediately adjacent to the subject property.

(3)

If necessary to reach a determination on any request for reasonable accommodation, the director of community development may request further information from the applicant consistent with this chapter, specifying in detail what information is required. In the event a request for further information is made, the thirty-day period to issue a written determination shall be stayed until the applicant reasonably responds to the request.

a.

The director of community development or hearing officer shall approve the request for a reasonable accommodation subject to the following findings:

1.

The housing, which is the subject of the request for reasonable accommodation, will be occupied as the primary residence by an individual protected under the fair housing laws.

2.

The request for reasonable accommodation is necessary to make specific housing available to one or more individuals protected under the fair housing laws.

3.

The requested reasonable accommodation will not impose an undue financial or administrative burden on the city.

4.

The requested accommodation will not require a fundamental alteration of the zoning or building laws, policies and/or procedures of the city.

5.

The reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this chapter.

6.

That the reasonable accommodation shall only be applicable to the particular individual(s) or property.

(D)

Appeals.

(1)

The director of community development's decision on a minor reasonable accommodation may be appealed to a hearing officer within ten (10) days of the date the city issues the written determination.

a.

The appellant shall pay an appeal fee as established by resolution of the city council.

b.

The hearing officer shall conduct a hearing as described within this title prior to taking action on the appeal.

c.

The appeal shall be filed with a written statement of the basis for the appeal and shall state all facts and arguments known to support the claim.

(E)

Waiver of time periods. Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this section or may request a continuance regarding any decision or consideration by the city of the

pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the city, shall not constitute failure by the city to provide for prompt decisions on applications and shall not be a violation of any required time period set forth in this section.

(F)

Modifications requested by the applicant. The applicant may request modifications to the approved request for reasonable accommodation. The application for modification shall be submitted, processed, and reviewed in the same manner as a new application.

(G)

Modifications or revocations initiated by the city.

(1)

The director of community development may make changes or revoke the approval of applications when conditions of approval are violated, it is necessary to resolve a nuisance, or when the application contained incorrect, false, or misleading information.

(2)

The director of community development will notify the applicant of the change or revocation of the approval by mail no later than the next business day after the decision. The applicant may appeal the director of community development's decision to as set forth in this section.

(Ord. No. 724, § 2(pt. 4), 5-18-09; Ord. No. 839, § 9, 9-6-22; Ord. No. 845, § 4(H), 3-21-23)

Sec. 11-1.30.14. - Senior citizen housing and multiple-family housing development standards.

(A)

Applicability. The following development standards apply to multiple-family housing with three (3) or more units located on one parcel and senior citizen housing developments.

(B)

General standards of development.

(1)

[Distance.] Ten-foot minimum distance shall be required between buildings.

(2)

Minimum unit sizes.

a.

Senior housing.

1.

Efficiency as defined in Health and Safety Code Section 17958.1.

2.

Studio apartment: three hundred fifty (350) square feet.

3.

One bedroom, four hundred (400) square feet.

4.

Two (2) bedrooms, six hundred (600) square feet.

b.

Multiple-family housing.

1.

Efficiency as defined in Health and Safety Code Section 17958.1.

2.

One (1) bedroom, eight hundred (800) square feet.

Two (2) bedrooms, one thousand (1,000) square feet.

4.

An additional one hundred fifty (150) square feet per bedroom over two (2).

(3)

[Parking.] In addition to the requirements for "off-street parking, storage and loading" in this title, the following parking requirements shall apply.

a.

Two (2) parking spaces per unit.

b.

Tandem parking shall be permitted subject to site plan approval by the planning commission.

c.

Garages shall not occupy more than fifty (50) percent of the linear building frontage facing the right-of-way and shall be set back a minimum of five (5) feet from the front facade of the residential building.

d.

One guest parking space per two (2) units. Residential units having a minimum of twenty-five (25) feet of frontage on a public street shall not be counted towards the number of units used to calculate the required number of guest parking spaces.

(4)

[Reduction in parking requirements.] The planning commission may approve a reduction in parking spaces pursuant to the following:

a.

In compliance with § 65915 and § 65918 of the California Government Code, the city shall utilize parking requirements for a density bonus project upon the written request of a developer.

b.

Completed parking study and with approval of a minor conditional use permit if the following additional findings can be made:

1.

The intent of the parking regulations, in compliance with all other applicable provisions of this chapter, is met; and

2.

Sufficient parking would be provided to serve the use intended and potential future uses of the subject parcel.

(5)

Open space. A minimum of three hundred (300) square feet of open space per residential dwelling unit, with a minimum dimension of ten (10) feet in any direction is required. At least fifty (50) percent of the above described area shall be developed for recreational or patio uses. Required side yards shall not count towards this requirement.

(6)

Laundry facilities. One washer and dryer shall be required for every six (6) units.

(7)

Trash areas. Projects shall provide adequate trash storage space as determined by the planning commission and the building official. Trash containers shall be stored within designated storage areas only and not within the garage parking area.

(8)

Street width. Private streets and driveways shall meet the requirements of the Los Angeles County Fire Department for access and circulation. The planning commission may approve private streets for subdivisions which do not meet the minimum street frontage requirements as part of a conditional use permit.

(9)

Sewer study. For projects with five (5) or more units, a sewer area study shall be submitted with the application. The study shall show the project's impact on local and main sewer capacity. If deficiencies are identified, the study shall also show what upgrades are proposed to correct the deficiencies.

(10)

Water study. For projects with five (5) or more units, a water study shall be submitted with the application. The study shall show the project's impact on local water availability and fire flow. If deficiencies are identified, the study shall also show what upgrades are proposed to correct the deficiencies.

(11)

Density. In compliance with § 65915 and § 65918 of the California Government Code, the city shall provide a density bonus and an additional incentive(s) for qualified affordable and senior housing developments upon the written request of a developer, unless the city makes a written finding based on substantial evidence that the additional incentive(s) is not necessary to make the housing development economically affordable to the occupants.

(12)

Additional senior housing requirements.

a.

Occupancy. Residents shall meet the requirements described in Section 51.3 of the California Civil Code or any successor statute or regulation. No one other than a senior person shall be the principal occupant or lessee of a unit constructed in compliance with this section. No person shall permit any person to violate this section. No person shall rent any housing to any person who may not lawfully occupy the same in compliance with the provisions of this section.

b.

Elevators. For structures over one story in height, a minimum of one elevator shall be provided. Additional elevators may be required based on the design of the structures. The elevator shall be centrally located and in close proximity to entries. An elevator shall not be required for detached single-family residential units that are two (2) stories in height.

c.

Laundry facilities. Space for a washer and dryer shall be provided within each unit.

(Ord. No. 724, § 2(pt. 4), 5-18-09; Ord. No. 839, § 9, 9-6-22; Ord. No. 845, § 4(J), 3-21-23)

Sec. 11-1.30.15. - Urban lot splits.

(A)

Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code Section 66411.7.

(B)

Definition. An "urban lot split" means a ministerial application to subdivide an existing parcel located within a single-family residential zone into two (2) parcels, as authorized by Section 66411.7 of the Government Code and complying with the provision of Section 11-2.76.1.

(C)

Application.

(1)

Only individual property owners may apply for an urban lot split. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, limited partnership, limited liability company, C corporation, S corporation, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Revenue and Taxation Code Section 214.15).

(2)

An application for an urban lot split must be submitted on the city's approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within thirty (30) days after the application is submitted.

(3)

The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the Code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

(D)

Approval.

(1)

An application for a parcel map for an urban lot split is approved or denied ministerially, by the community development director, without discretionary review.

(2)

A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires three (3) months after approval.

(3)

The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

(4)

The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this Code.

(E)

[Requirements.] An urban lot split must satisfy each of the following requirements:

(1)

Map Act compliance.

a.

The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et. seq., "SMA"), including implementing requirements in this Code, except as otherwise expressly provided in this section.

b.

If an urban lot split violates any part of the SMA, the city's subdivision regulations, including this section, or any other legal requirement:

1.

The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including, but not limited to an action for damages or to void the deed, sale, or contract.

2.

The city has all the remedies available to it under the SMA, including, but not limited to the following:

i.

An action to enjoin any attempt to sell, lease, or finance the property.

ii.

An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

iii.

Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to ten thousand dollars ($10,000.00), or both; or a misdemeanor.

iv.

Record a notice of violation.

v.

Withhold any or all future permits and approvals.

3.

Notwithstanding Section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split.

c.

Zone. The lot to be split is in the A-1 or R-1 single-family residential zone.

d.

Lot location.

1.

The lot is not located on a site that is any of the following:

i.

Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

ii.

A wetland.

iii.

Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

iv.

A hazardous waste site that has not been cleared for residential use.

v.

Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

vi.

Within a 100-year flood hazard area, unless the site has either:

(a)

Been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or

(b)

Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

vii.

Within a regulatory floodway, unless all development on the site has received a no-rise certification.

viii.

Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

ix.

Habitat for protected species.

x.

Land under conservation easement.

2.

The purpose of subpart A.4.a above is merely to summarize the requirements of Government Code Section 65913.4(a)(6)(B)-(K). (See Gov. Code § 66411.7(a)(3)(C).)

e.

Not historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.

f.

No prior urban lot split.

1.

The lot to be split was not established through a prior urban lot split.

2.

The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.

g.

No impact on protected housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:

1.

Housing that is income-restricted for households of moderate, low, or very low income.

2.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.

3.

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060-7060.7) at any time in the fifteen (15) years prior to submission of the urban lot split application.

4.

Housing that has been occupied by a tenant in the last three (3) years. The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including, but not limited to, surveying owners of nearby properties; and

the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

h.

Lot size and configuration.

1.

The lot to be split must be at least two thousand four hundred (2,400) square feet.

2.

The resulting lots must each be at least one thousand two hundred (1,200) square feet.

3.

Each of the resulting lots must be between sixty (60) percent and forty (40) percent of the original lot area.

4.

Side lines shall be at right angles to the streets on which the lots front and substantially parallel to each other; or project radially from the approximate center locus on cul-de-sac streets and other curves or knuckles having a radial curve of less than one hundred (100) feet and project in essentially straight lines.

i.

Easements.

1.

The owner must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.

2.

Each easement must be shown on the tentative parcel map.

3.

Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subpart B above.

j.

Lot frontage.

Where fifty (50) feet of frontage on a public right-of-way is not proposed for both lots created by an urban lot split, each lot shall have a minimum of thirty (30) feet of frontage on a public right-of-way and an average width of thirty (30) feet, or

2.

Where thirty (30) feet of frontage on a public right-of-way is not proposed for both lots created by an urban lot split, one of the lots shall be provided with access by a corridor of at least twelve (12) feet but not more than fifteen (15) feet of frontage on a public street.

3.

Where one of the lots created by an urban lot split does not propose frontage on a public right-of-way, direct access to the public right-of-way must be provided through an access corridor easement for ingress and emergency access of at least twelve (12) feet but not more than fifteen (15) feet of frontage on a public street.

4.

The access corridor shall be kept free and clear of building or structures of any kind except for lawful fences and underground or overhead utilities. Public right-of-way must be provided through an access corridor easement for ingress and emergency access of at least twelve (12) feet but not more than fifteen (15) feet of frontage on a public street.

k.

Unit standards.

1.

No more than two (2) dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under Section 11-1.30.16 of this Code, an ADU, or a JADU.

l.

Separate conveyance.

1.

Within a resulting lot.

i.

Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.

ii.

Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.

iii.

All fee interest in a lot and all dwellings on the lot must beheld equally and undivided by all individual property owners.

2.

Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, or if the two (2) lots share a driveway, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two (2) lots.

m.

Regulation of uses.

1.

Residential-only. No non-residential use is permitted on any lot created by urban lot split.

2.

No short-term rentals. No dwelling unit on a lot that is created by an urban lot split or containing a two-unit residential development may be rented for a period of less than thirty (30) days.

3.

Owner occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three (3) years after the urban lot split is approved.

4.

Housing Crisis Act replacement housing obligations. If the proposed development will result in the demolition of protected housing, as defined in California Government Code Section 66300, the applicant shall replace each demolished protected unit and comply with all applicable requirements imposed pursuant to subsection (d) of Government Code Section 66300.

n.

Deed restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:

Expressly prohibits the use of any lot created by an urban lot split for any rental of any dwelling on the property for a period of less than thirty (30) days.

2.

Expressly prohibits any non-residential use of the lots created by the urban lot split.

3.

Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

4.

States that the property is formed by an urban lot split and is therefore, subject to the city's urban lot split regulations, including all applicable limits on dwelling size and development and the only development permitted on the lot are two-unit projects subject to Section 11-2.76.1.

(F)

Specific adverse impacts.

(1)

Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

(2)

"Specific adverse impact" has the same meaning as in Gov. Code § 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).

(3)

The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

(Ord. No. 832U, § 9, 2-28-22; Ord. No. 834U, § 14(8), 4-5-22; Ord. No. 837, § 6, 8-16-22)

Sec. 11-1.30.16. - Two-unit housing development.

(A)

Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code Section 65852.21.

(B)

Definition. A "two-unit housing development" means a housing development containing no more than two (2) residential dwelling units within a single-family residential zone, other than an accessory dwelling unit or junior accessory dwelling unit, that qualifies for ministerial review pursuant to California Government Code Section 65852.21. A housing development contains two (2) residential dwelling units if the development proposes no more than two (2) new residential dwelling units or proposes to add one new residential dwelling unit to one existing residential unit, or retention of two (2) existing legal non-conforming residential dwellings units where one or both units are subject to a proposed addition or alteration.

(C)

Application.

(1)

Only individual property owners may apply for an urban lot split. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust

that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, limited partnership, limited liability company, C corporation, S corporation, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Revenue and Taxation Code Section 214.15).

(2)

An application for a two-unit project must be submitted on the city's approved form.

(3)

The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

(4)

Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within thirty (30) days after the application is submitted.

(5)

The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the Code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

(D)

Approval.

(1)

An application for a two-unit project is approved or denied ministerially, by the community development director.

(2)

The ministerial approval of a two-unit project does not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements.

(3)

The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

(4)

The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this Code.

(E)

Requirements. A two-unit project must satisfy each of the following requirements:

(1)

Map Act compliance. The lot must have been legally subdivided.

(2)

Zone. The lot is in the A-1 or R-1 single-family residential zone.

(3)

Lot location.

a.

The lot is not located on a site that is any of the following:

1.

Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

2.

A wetland.

3.

Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

A hazardous waste site that has not been cleared for residential use.

5.

Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

6.

Within a 100-year flood hazard area, unless the site has either:

i.

Been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or

ii.

Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

7.

Within a regulatory floodway, unless all development on the site has received a no-rise certification.

8.

Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

9.

Habitat for protected species.

10.

Land under conservation easement.

(4)

Not historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.

(5)

No impact on protected housing. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:

a.

Housing that is income-restricted for households of moderate, low, or very low income.

b.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.

c.

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060—7060.7) at any time in the fifteen (15) years prior to submission of the urban lot split application.

d.

Housing that has been occupied by a tenant in the last three (3) years. The applicant and the owner of a property for which a two-unit project is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including, but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

(6)

Unit standards, development standards and design criteria.

a.

Quantity.

1.

No more than two (2) dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under Section 11-1.30.16 of this Code, an ADU, or a JADU.

2.

A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under state law and the city's ADU ordinance.

b.

Unit size.

1.

The total floor area of each primary dwelling built that is developed under this section shall not exceed eight hundred (800) square feet.

Each new primary dwelling unit shall be at least the following minimum sizes based on the number of sleeping rooms provided:

i.

Studio/one bedroom: five hundred (500) square feet.

ii.

More than one bedroom: seven hundred (700) square feet.

3.

A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than eight hundred (800) square feet is limited to the lawful floor area at the time of the two-unit project. The unit may not be expanded.

4.

A primary dwelling that was legally established prior to the two-unit project and that is smaller than eight hundred (800) square feet may be expanded to eight hundred (800) square feet after or as part of the twounit project.

c.

Demolition cap. The two-unit project may not involve the demolition of more than twenty-five (25) percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three (3) years.

d.

Lot coverage. The maximum lot coverage shall not exceed fifty (50) percent. The lot coverage shall include all buildings and structures (primary and accessory), covered porches and patios and covered parking areas. This lot coverage standard shall apply to the maximum extent feasible so that two (2) primary dwelling units on the lot at eight hundred (800) square feet are permitted.

e.

Open space. Each new primary dwelling unit shall provide, at a minimum, a continuous private recreation area of two hundred twenty-five (225) square feet with minimum interior dimensions of ten (10) feet. The private recreation shall be open and unobstructed from the ground to the sky and may be located within the interior, street side or rear setback areas. This open space standard shall apply to the maximum extent feasible so that two (2) primary dwelling units on the lot at eight hundred (800) square feet are permitted.

f.

Setbacks.

1.

New primary dwelling units. The following minimum setbacks from the property lines shall be observed for each new primary dwelling unit and any garages and accessory structures that are attached to a new primary dwelling unit. Detached garages and accessory structures shall comply with the setbacks contained in subsection 2. The required setbacks shall be maintained open and unobstructed from the ground to the sky, except for the permitted intrusions.

i.

Front setback: twenty (20) feet.

ii.

Interior side setback: four (4) feet.

iii.

Street side setback: ten (10) feet.

iv.

Rear setback: four (4) feet.

2.

Detached garages and accessory structures. The following minimum setbacks from the property lines shall be observed for detached garages and accessory structures on a lot

i.

Front setback: twenty (20) feet.

ii.

Interior side setback: four (4) feet.

iii.

Street side setback: ten (10) feet.

iv.

Rear setback: four (4) feet or minimum ten (10) feet from centerline of alley.

3.

Any construction occurring on a lot that abuts a street that has not been fully improved shall observe all building setbacks from the ultimate right-of-way of the street.

Exceptions. Notwithstanding subpart E.6.f above:

i.

Existing structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

ii.

A required minimum setback may be reduced pursuant to this section to the degree it would (i) physically preclude the development or maintenance of two (2) dwelling units on a lot or (ii) physically preclude any new primary dwelling unit from being eight hundred (800) square feet in floor area; but in no event may any structure be less than four (4) feet from a side or rear property line.

iii.

Permitted intrusions. The following permitted intrusion may project into any required setback a maximum of two (2) feet: cornices, eaves, belt courses, sills, buttresses, planter boxes, masonry planters, guard railings, chimneys, and architectural projections with no floor area, including, but not limited to, windows and pilasters.

g.

Parking. Off-street parking for an existing primary dwelling unit shall continue to be provided in accordance with the standards of the underlying zone. Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:

1.

The lot is located within one-half mile walking distance of either (i) a corridor with fixed route bus service with service intervals no longer than fifteen (15) minutes during peak commute hours, or (ii) a major transit stop as defined by Section 21064.3 of the California Public Resources Code, including, but not limited to the intersection of two (2) or more major bus routes with a frequency of service interval of fifteen (15) minutes or less during the morning and afternoon peak commute periods.

2.

The site is located within one block of a car-share vehicle location. A car share vehicle is a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization allowing for hourly or daily service.

h.

Utilities. Each primary dwelling unit on a lot must have its own direct utility connection to the utility/public service provider. Submitted plans shall show the location and dimension of all above ground and underground utility and public service facilities serving each lot and each dwelling unit and the location and dimensions of all related easements.

i.

Unit height; stories. Each new primary dwelling unit shall be one story, constructed at ground level, and shall not be more than sixteen (16) feet in height measured from ground level to the highest point on the roof.

j.

Building separation. Except as otherwise allowed by state law, a minimum building separation of six (6) feet shall be maintained between all detached structures on a lot, including all residential units, garages and accessory structures.

k.

Tree preservation. Any plans for an addition or new construction shall identify the location of any mature trees onsite and provide protective measures to ensure preservation of mature trees. A mature tree is defined as any tree having a main trunk or stem measuring twenty-four (24) inches in diameter, or seventyfive (75) inches in circumference, measured at a height of four and one-half (4½) feet above ground level at

the root crown. A removal includes moving a tree or removing more than one-third (⅓) of a tree's vegetation. Sites without an existing mature tree must provide at least two (2) twenty-four (24) inch box trees within the front yard setback or open space area.

l.

[Main entry.] Each new primary dwelling unit shall have a main entry that is clearly defined, and to the extent possible, be oriented directly toward the street(s) in order to provide a consistency with the neighborhood character. The main entry shall be covered, with a minimum depth of three (3) feet. Each covered entry shall be in proportion to the building and shall incorporate architectural features that are used in the overall building design.

m.

Water heaters. Each new primary dwelling unit shall have a separate hot water heater. The location of the water heater shall be incorporated into the design of each unit. No exterior water heater enclosures shall be permitted. Tankless water heaters may be utilized subject to compliance with applicable building codes.

n.

Refuse storage areas. All developments shall provide each unit with the appropriate number of containers for recyclables, organics and non-recyclable solid waste ("trash containers") as required by the designated waste hauler, and shall comply with the following:

1.

Trash containers shall be stored within designated storage areas only and not within the garage parking area.

The area required for each container shall be a minimum of thirty-eight (38) inches by thirty-eight (38) inches.

3.

The trash areas shall be paved and accessed by gates and a walkway for ease of taking trash containers to and from the street.

o.

Building and safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city's current code.

p.

Affordability. Second units, and both units of a two-unit development, if rented, shall only be rented at an affordable rent for lower-income households, as defined in Health and Safety Code Section 50053, and shall only be rented to lower-income households, as defined in Health and Safety Code Section 50079.5, for a minimum of thirty (30) years. Prior to the issuance of a certificate of occupancy for any second unit or any unit of a two-unit development, the owner of the property shall execute and record on the property a deed restriction, in a form approved by the director and the city attorney, establishing legal restrictions consistent with this section.

q.

Other standards. All other applicable standards of this Code shall apply to the extent these standards do not conflict with this section of state law.

(7)

Separate conveyance.

a.

Primary dwelling units on the lot may not be owned or conveyed separately from each other.

b.

Condominium airspace divisions and common interest developments are not permitted within the lot.

c.

All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

(8)

Regulation of uses.

a.

Residential-only. No non-residential use is permitted on the lot.

b.

No short-term rentals. No dwelling unit on the lot may be rented for a period of less than thirty (30) days.

c.

Owner occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile.

(9)

Notice of construction.

a.

At least thirty (30) business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

1.

Notice that construction has been authorized,

2.

The anticipated start and end dates for construction,

3.

The hours of construction,

4.

Contact information for the project manager (for construction-related complaints), and

5.

Contact information for the building and safety department.

b.

This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the city has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

(10)

Deed restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:

a.

Expressly prohibits any rental of any dwelling on the property for a period of less than thirty (30) days.

b.

Expressly prohibits any non-residential use of the lot.

c.

Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

d.

If the lot is not created by an urban lot split, expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile.

e.

If the lot is created by an urban lot split, then it is subject to the city's urban lot split regulations, including all applicable limits on dwelling size and development and the only development permitted on the lot are two-unit projects subject to this section.

(F)

Specific adverse impacts.

(1)

Notwithstanding anything else in this section, the city may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

(2)

"Specific adverse impact" has the same meaning as in Gov. Code § 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).

(3)

The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

(G)

Remedies. If a two-unit project violates any part of this Code or any other legal requirement:

(1)

The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

(2)

The city may:

a.

Bring an action to enjoin any attempt to sell, lease, or finance the property.

b.

Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

c.

Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to ten thousand dollars ($10,000.00), or both; or a misdemeanor.

d.

Record a notice of violation.

e.

Withhold any or all future permits and approvals.

f.

Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city's Code.

(Ord. No. 832U, § 9, 2-28-22; Ord. No. 834U, § 14(9), 4-5-22; Ord. No. 837, § 7, 8-16-22)

Sec. 11-1.30.17. - Planned residential development.

(A)

Purpose. The purpose of this section is to provide an alternative to standard residential development wherein the existing general plan densities are preserved but flexibility is provided by allowing the clustering of units and combining of open space, recreation areas and roadways under common ownership.

(B)

Permit required. An administrative site plan review shall be required for the establishment of a planned residential development, pursuant to the provisions of Article 70. Once the planned residential development is established, the administrative site plan review shall be binding upon the applicants, their successors, and assignees, and shall regulate the construction, location and maintenance of all land and structures within the development.

(1)

The director of community development shall prescribe the form of the application and data and information to be filed with the application.

(2)

Modification. The director of community development may approve a modification to a previously approved planned residential development when the change/modification does not substantially alter the design or specifications approved by the tentative or final subdivision map or parcel map.

(C)

Permitted locations. Planned residential developments may be located in any zone district zoned for residential use.

(D)

Underlying zone standards apply. Unless otherwise specified in this section or as a condition of the administrative site plan review, all development standards of the zone in which the planned residential development is proposed shall apply.

(E)

Special development standards.

(1)

The lot area approved by the director of community development shall be deemed the minimum area or required area per dwelling unit established by the planned residential development.

(2)

The lot width approved by the director of community development shall be deemed the minimum lot width per dwelling unit established by the planned residential development.

(3)

The street frontage approved by the director of community development shall be deemed the minimum street frontage per dwelling unit established by the planned residential development.

(F)

Development plan. A general development plan shall be submitted with at least the following details:

(1)

The dimensions of the total site, including gross and net acreage.

(2)

Location and use proposed for each proposed structure, the number of stories, gross building area, all setbacks, and approximate location of entrances.

(3)

All existing and proposed driveway approaches, driving lanes, streets, and parking areas.

(4)

A calculation of the total number of parking spaces required and provided.

(5)

All pedestrian walks and open areas for the use of the occupants of the proposed development.

(6)

Types of surfacing for all proposed walks, parking areas, driveways, streets, and commonly owned areas.

(7)

A conceptual plan for the landscaping of the development, including location and height of all proposed and existing walls, fences and screen planting.

(8)

Calculation and identification of areas reserved for private and common open space.

(9)

A grading plan for the entire development.

(10)

All existing and proposed easements.

(11)

Elevations or architectural renderings of the project to indicate architectural type and the materials of construction.

(12)

An anticipated phasing plan or schedule.

(G)

Required standards. In approving an administrative site plan review for a planned residential development, the following standards shall apply:

(1)

Final subdivision map or parcel map. No building permit shall be issued for any building within an approved planned residential development, except for sales models, recreational buildings or community facilities, unless a final subdivision tract map or parcel map has first been recorded for the property on which the building is located.

(2)

Preservation of commonly owned areas.

a.

All commonly owned areas shall be permanently reserved and maintained in perpetuity, by establishment of a homeowner's association or other appropriate means or methods to ensure the permanent reservation and continued perpetual maintenance of the required commonly owned areas pursuant to the planning commission approval of a tentative or final subdivision map or parcel map.

b.

Each dwelling unit shall be sold together with an undivided interest in any commonly owned areas. Such undivided interest shall include either:

1.

An undivided interest in the commonly owned areas; or

2.

A share in the corporation or voting membership in an association owning commonly owned area.

(3)

Distance. Ten-foot minimum distance shall be required between buildings.

(4)

Driveway guidelines.

a.

Driveways on corner lots should be located as far as possible from street intersections.

b.

No curb cut shall be permitted except in connection with approved driveways that provide access to a garage or parking.

c.

No more than one curb cut per residential lot shall be permitted along the same frontage.

d.

Driveway widths are encouraged to be kept at a minimum. Where a driveway is proposed adjacent to another driveway on an adjacent property, a minimum of an eighteen-inch width planter should be provided. If feasible, shared driveways between adjacent properties is encouraged.

e.

A minimum of fifteen (15) percent of the driveway area shall be surfaced with brick, pavers or other comparable decorative paving systems. The use of alternative materials to pave driveways is encouraged to reduce impervious surfaces.

(5)

Dwelling unit type. All dwelling units shall be single-family residences. The inclusion of an attached accessory dwelling unit is encouraged to increase housing affordability, create a wider range of housing options within the community, support multigenerational housing, and facilitate better use of the existing housing fabric in established neighborhoods.

(6)

Open space. A minimum of three hundred (300) square feet of open space per residential dwelling unit, with a minimum dimension of ten (10) feet in any direction is required. At least fifty (50) percent of the abovedescribed area shall be developed for recreational or patio uses. Required side yards shall not count towards this requirement.

(7)

Parking. In addition to the requirements for "off-street parking, storage and loading" in this title, the following parking requirements shall apply.

a.

Two (2) enclosed parking spaces per unit.

b.

Tandem parking shall be permitted subject to approval by the director of community development.

c.

Garages shall not occupy more than fifty (50) percent of the linear building frontage facing the right-of-way and shall be set back a minimum of five (5) feet from the front facade of the residential building.

d.

One guest parking space per two (2) units. Residential units having a minimum of twenty-five (25) feet of frontage on a public street shall not be counted towards the number of units used to calculate the required number of guest parking spaces.

(8)

Trash areas. Projects shall provide adequate trash storage space as determined by the director of community development and the building official. The garage may not be used to store the containers unless a dedicated space in excess of the four hundred (400) square foot requirement is provided.

(H)

Consideration in review of applications. The director of community development-shall consider the following matters, in addition to others deemed necessary to determine if the project meets the criteria of this section, in their review of the application:

(1)

The layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exit driveways, and walkways.

(2)

Appropriate building siting should be used to reduce perception of bulk, maximize open space, increase pervious area, and provide community-gathering spaces.

(3)

The location, height, and material of fences, walls, hedges, and screen plantings to ensure harmony with adjacent development or to conceal storage areas, utility installations, and other unsightly aspects of the development.

(4)

The preservation of existing healthy trees.

(5)

Consideration of exterior design in relation to adjoining structures in terms of area, bulk, height, openings, and breaks in the facade facing the street.

(6)

Consideration of the appropriateness and compatibility of the proposed architectural design and site layout in relation to the adjacent uses and the area as a whole.

(I)

Approval criteria. The director of community development shall approve the application if it finds that all of the following criteria have been established:

(1)

The proposed development is found to be consistent with the findings to support site plan review,

(2)

The proposed development clearly would result in a more desirable environment and use of land than would be possible under existing provision for the underlying zoning district classification,

(3)

The proposed development would be compatible with the general plan and will aid in the harmonious development of the immediate area,

(4)

The proposed development would not be detrimental to the health, safety or welfare of the neighborhood or of the city as a whole.

(Ord. No. 839, § 9, 9-6-22; Ord. No. 852, § 4(D), 5-16-23)

Sec. 11-1.30.18. - Multiple single-family dwellings.

(A)

Purpose. The purpose of this section is to establish regulations for additional single-family dwelling(s) to be permitted on large properties located in the A-1 (agriculture, noncommercial) and R-1 zone (single-family residential).

(B)

Development standards. Detached single-family dwellings may be constructed on any parcel containing an existing single-family dwelling unit provided:

(1)

The parcel is ten thousand (10,000) square feet or larger;

(2)

The density of the parcel will not exceed five thousand (5,000) square feet per unit; and

(3)

One guest parking space per two (2) units shall be provided.

(4)

Shall comply with all standards applicable to a single-family dwelling.

(Ord. No. 839, § 9, 9-6-22)

Sec. 11-1.30.19. - Substandard living conditions.

(A)

Abatement-relocation assistance.

(1)

In the event any structure which is rented or occupied for habitable dwelling purposes is determined to be a public nuisance and abated by the city due to unsafe or hazardous living conditions under any provisions of the Lomita Municipal Code, or due to illegal use or occupancy of the structure for habitable dwelling purposes, any tenant evicted as a result of such abatement, or notice of such abatement, who is not then in arrears or default of rent, and who has not caused or substantially contributed to the condition giving rise to the abatement, shall be entitled to receive from the property owner relocation assistance upon vacating the structure. For purposes of this section, relocation assistance shall consist of two (2) months' rent and refund of any security deposit pursuant to Civil Code Section 1950.5, or other arrangements agreeable to the tenant as evidenced by a written agreement between the tenant and the property owner.

(2)

If the property owner is required to evict the tenants with less than thirty (30) days' notice due to the condition of the structure, the owner shall provide the tenant with alternate, safe, and legal housing for thirty (30) days after notice of eviction. This requirement for alternate housing shall be in addition to relocation assistance as defined herein.

(B)

Tenant compliance. The tenants' entitlement to relocation assistance provided by this chapter is conditioned upon the tenants' compliance with the eviction notice.

(C)

Exception. The property owner is not required to pay relocation assistance to tenants evicted from residential units that become unsafe or hazardous resulting from earthquake, flood, or other natural disaster except where such condition remains unrepaired for more than three (3) years after the disaster, or from recent events that are beyond the control of the property owner, including, but not limited to, damages caused by tenants.

(D)

Relocation costs.

(1)

In the event the property owner fails, neglects or refuses to pay to the tenant upon vacating such structure the relocation assistance as defined in section 6.02.010, the city may cause the payment of such relocation assistance, including any security deposit and alternate housing costs, and charge the costs thereof against the property or its owner.

(2)

The cost of such relocation assistance shall be paid from a reimbursable fund, may be made a special assessment against the property involved, and may be made a personal obligation of the property owner.

(E)

Reimbursable fund.

(1)

The city council shall establish a special reimbursable fund to be designated for abatement relocation assistance for evicted tenants. Payments shall be made out of said fund upon the demand of the director of community and economic development or the building official to defray the costs and expenses which may be incurred by the city in causing the payment or relocation assistance to evicted tenants of abated structures.

(2)

Maintenance of reimbursable fund. The city council may at any time transfer to the reimbursable fund, out of any money in the general fund of the city, such sums as it may deem necessary in order to expedite the performance of the abatement, and any sum so transferred shall be deemed a loan to the reimbursable fund and shall be repaid out of the proceeds of the collection thereof. All funds recovered from the property owner shall be paid to the city, who shall credit the same to the reimbursable fund.

(Ord. No. 845, § 4(K), 3-21-23)

Article 31. - Reserved[[4]]

Footnotes:

--- ( 4 ) ---

Editor's note— Ord. No. 724, § 2(pt. 3), adopted May 18, 2009, repealed art. 31, which pertained to Zone A-1 (Agriculture—Noncommercial) and derived from Ord. No. 161, § 2, adopted Feb. 17, 1973; Ord. No. 289, § 1, adopted Oct. 16, 1978; Ord. No. 311, § 1, adopted Feb. 19, 1980; Ord. No. 318, § 1, adopted Aug. 18, 1980; Ord. No. 325, § 1, adopted May 4, 1981; Ord. No. 327, § 2, adopted Aug. 3, 1981; Ord. No. 348, § 2, adopted April 4, 1983; Ord. No. 350, § 1, adopted May 2, 1983; Ord. No. 367, § 1, adopted May 7, 1984; Ord. No. 379, §§ 2, 3, adopted Dec. 3, 1984; Ord. No. 383, § 2, adopted Feb. 19, 1985; Ord. No. 385, § 1, adopted March 6, 1985; Ord. No. 389, § 1, adopted Nov. 4, 1985; Ord. No. 391, § 2, adopted Dec. 2, 1985; Ord. No. 398, § 1, adopted April 7, 1986; Ord. No. 402, § 1, adopted June 16, 1986; Ord. No. 411, § 1, adopted Dec. 15, 1986; Ord. No. 413, § 1, adopted June 1, 1987; Ord. No. 422, § 1, adopted Dec. 7, 1987; Ord. No. 440, § 2, adopted April 17, 1989; Ord. No. 472, §§ 1, 4, adopted Jan. 7, 1991; Ord. No. 473, § 4, adopted Jan. 7, 1991; Ord. No. 475, § 5, adopted Feb. 4, 1991; Ord. No. 498, § 2,, adopted July 20, 1992; Ord. No. 569, §§ 1, 3, adopted Nov. 18, 1996; Ord. No. 604, § 1, adopted April 19, 1999; Ord. No. 654, §§ 1, 2, adopted May 19, 2003; Ord. No. 660, § 2, adopted Oct. 20, 2003; Ord. No. 667, pt. 1, adopted June 21, 2004; Ord. No. 689, pts. 1, 4, adopted Aug. 21, 2006; and Ord. No. 695, pts. 7, 8, adopted Dec. 18, 2006.

Article 32. - Reserved[[5]]

Footnotes:

--- ( 5 ) ---

Editor's note— Ord. No. 724, § 2(pt. 3), adopted May 18, 2009, repealed art. 32, which pertained to Zone R-1 (Single-Family Residential) and derived from Ord. No. 161, § 3, adopted Dec. 17, 1973; Ord. No. 289, § 2, adopted Oct. 16, 1978; Ord. No. 310, § 1, adopted Feb. 19, 1980; Ord. No. 311, § 2, adopted Feb. 19, 1980; Ord. No. 325, § 2, adopted May 4, 1981; Ord. No. 327, § 3, adopted Aug. 3, 1981; Ord. No. 348, § 2, adopted April 4, 1983; Ord. No. 350, § 1, adopted May 2, 1983; Ord. No. 367, § 1, adopted May 7, 1984; Ord. No. 379, §§ 2, 3, adopted Dec. 3, 1984; Ord. No. 383, § 2, adopted Feb. 19, 1985; Ord. No. 385, § 1, adopted March 6, 1985; Ord. No. 389, § 1, adopted Nov. 4, 1985; Ord. No. 391, § 2, adopted Dec. 2, 1985; Ord. No. 398, § 1, adopted April 7, 1986; Ord. No. 402, § 1, adopted June 16, 1986; Ord. No. 411, § 1, adopted Deb. 15, 1986; Ord. No. 413, § 1, adopted June 1, 1987; Ord. No. 422, § 1, adopted Dec. 7, 1987; Ord. No. 440, § 2, adopted April 17, 1989; Ord. No. 472, §§ 2, 4, adopted Jan. 7, 1991; Ord. No. 473, § 4, adopted Jan. 7, 1991; Ord. No. 475, § 5, adopted Feb. 4, 1991; Ord. No. 498, § 2, adopted July 20, 1992; Ord. No. 569, §§ 2, 4, adopted Nov. 18, 1996; Ord. No. 604, § 2, adopted April 19, 1999; Ord. No. 654, §§ 1, 2, adopted May 19, 2003; Ord. No. 660, § 2, adopted Oct. 20, 2003; Ord. No. 667, pt. 2, adopted June 21, 2004; Ord. No. 689, pts. 2, 5, adopted Aug. 21, 2006; and Ord. No. 695, pts. 9, 10, adopted Dec. 18, 2006.