Part 5.2 — DENSITY BONUS ORDINANCE[[18]]

Footnotes:

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Editor's note— Ord. No. 712, pt. 1, adopted Feb. 19, 2008, amended part 5.2 in its entirety and enacted the provisions set out herein. The former pt. 5.2, titled senior citizen housing derived from Ord. No. 677, adopted Aug. 15, 2005.

Article 52. - Density Bonus Ordinance

Sec. 11-1.52.00 - Purpose and Intent.

(A)

It is the intent of the city to match the needs of the city's current and projected workforce and to accommodate a broad range of life styles and income segments of the community by providing a diverse mix of housing types.

(B)

This Article is intended to facilitate and promote the development of affordable housing.

(C)

The purpose of this Article is to provide incentives for the production of affordable housing in accordance with Government Code §s 65915 et seq. and as amended.

(Ord. No. 712, pt. 1, 2-19-08)

Sec. 11-1.52.01. - Definitions.

Affordable housing agreement shall mean a legally binding, written agreement between the city and a developer, in form satisfactory to the city attorney, ensuring the compliance of the requirements of this Article.

Affordable housing costs shall be defined as in Health and Safety Code § 50052.5, or any successor statute or regulation.

Affordable units shall mean the units reserved for lower-, low- or moderate income households or senior households in order for the project to be eligible for the density bonus and incentives.

Child care facility shall mean a facility other than a small or large family day care home, including but not limited to, infant centers.

Common interest development shall mean any of the following as defined in Civil Code § 1351 such as but not limited to: condominiums, planned developments, and stock cooperative.

Density bonus shall mean an increase over the otherwise maximum allowable residential density as specified by this zoning ordinance.

Density bonus units shall mean the residential units granted pursuant to the provisions of this Article which exceed the maximum residential density for the development site.

Director shall mean the community development director of the city or his/her designee.

Los Angeles County Area Median Income (AMI) shall mean the annual median income for Los Angeles County, adjusted for household size, as published in the California Code of Regulations, title 25, section 6932, or its successor provision.

Low income households shall mean households whose income does not exceed the lower income limits applicable to Los Angeles County, as published and periodically updated by the California Department of Housing and Community Development pursuant to California Health and Safety Code § 50079.5.

Low income units shall mean housing units restricted to occupancy by low income households at affordable housing cost.

Lower income households shall mean the inclusion of both-low income and very low income households.

Moderate income households shall mean households whose income does not exceed the moderate income limits applicable to Los Angeles County, as published and periodically updated by the California Department of Housing and Community Development pursuant to California Health and Safety Code § 50079.5 or any successor statute or regulation.

Moderate income units shall mean housing units restricted to occupancy by moderate income households at affordable housing cost.

Senior housing shall mean a residential development that has been "designed to meet the physical and social needs of senior citizens", and which otherwise qualifies as "housing for older persons", as that phrase is used in the Federal Fair Housing Amendments Act of 1988 and its implementing regulations, and as that phrase is used in California Civil Code § 51.3 and the California Fair Employment and Housing Act.

Very low income households shall mean households whose income does not exceed the very low income limits applicable to Los Angeles County, as published and periodically updated by the state department of housing and community development pursuant to California Health and Safety Code § 50105.

Very low income units shall mean housing units restricted to occupancy by very low income households at affordable housing cost.

(Ord. No. 712, pt. 1, 2-19-08)

Sec. 11-1.52.02. - Density bonus.

(A)

Applicability. This section applies to any residential development of five (5) or more units, or thirty-five (35) or more units for a senior housing project, when an applicant proposes a density increase above the maximum residential density. In exchange for the density, a portion of the units shall be reserved for lower income households, senior households, or moderate income households (in a common interest development) as provided in this Article.

(B)

Determination of density bonus. Qualified projects that meet the eligibility requirements set forth in this Article shall be granted a density bonus as outlined in table 11-1.52-1.

Table 11-1.52-1

Determination of Density Bonus

Example Calculation of a Density Bonus

(C)

Requirements.

1.

[Fractional units.] In all density calculations, fractional units shall be rounded to the next whole number.

[Percentage of affordable units.] The density bonus shall not be included when determining the percentage of affordable units.

3.

[Required affordable units.] The developer can request a lesser density bonus than the project is entitled to, but no reduction shall be permitted in the number of required affordable units.

4.

[Allotment of density bonuses.] Unless otherwise specified, each residential development is entitled to only one density bonus, and density bonuses from more than one category may not be combined.

5.

[Discretionary approvals.] The granting of a density bonus and its subsequent incentive(s) shall not be interpreted, in and of itself, to require a general plan amendment, zone change, or other discretionary approval.

6.

[Condominium/apartment conversions.] Condominium/apartment conversions are not eligible for a density bonus if the original residential development received a density bonus, or other incentive, pursuant to this Article.

7.

Senior citizen housing requirements.

(a)

Senior citizen housing development projects shall have a minimum of thirty-five (35) units and shall meet the requirements described in California Civil Code § 51.3 or any successor statute or regulation.

(b)

Mobile home parks shall limit residency based on age requirements for housing for older persons pursuant to Civil Code § 798.76 of 799.5, or any successor statute or regulation.

8.

Land donation requirements. An applicant for a tentative map, parcel map or any other discretionary approval required to construct a residential development in the city shall receive a fifteen (15) percent density bonus for the residential development when the applicant donates land to the city as provided in this section. This fifteen (15) percent bonus shall be in addition to any other density bonus provided for in this section, up to a total combined density bonus of thirty-five (35) percent. Applicants are eligible for the fifteen (15) percent land donation density bonus if all of the following conditions are met:

(a)

The developer shall donate and transfer land to the city prior to approval of the final map or other discretionary approval required for the residential development.

(b)

The transferred land shall have the appropriate acreage and general plan and zoning designation to permit development of affordable housing for very low income households.

(c)

The transferred land shall be at least one acre or of sufficient size to permit development of at least forty (40) residential units.

(d)

The transferred land shall be served by adequate public facilities and infrastructure.

(e)

The transferred land and the very low income units constructed shall have a deed restriction recorded with the county recorder, to ensure continued affordability of the units. The deed restriction shall be recorded on the property at the time of dedication.

(f)

The transferred land shall be conveyed in fee simple to the city or to a housing developer approved by the city.

(g)

The transferred land shall be within the boundary of the proposed residential development, or no more than approximately one-quarter (¼) mile from the boundary of the qualified project, if the city so approves.

(h)

No later than the date of approval of the final map or other discretionary approval required for the residential development the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land.

9.

Child care facility requirements.

(a)

The city shall grant either of the following to a density bonus project that includes a child care facility located on the premises, or adjacent to, the project:

(i)

An additional density bonus in an amount equivalent to the square footage of the child care facility; or

(ii)

An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

(b)

In order to receive the additional child care density bonus, the project shall comply with the following requirements:

(i)

The child care facility shall remain in operation for a period of time that is as long as, or longer, than the period of time during which the density bonus units are required to remain affordable.

(ii)

Of the children who attend the child care facility, the percentage of children of very low income, lower income, or moderate income households shall be equal to, or greater than, the percentage of affordable units.

(c)

Notwithstanding any requirement of this Section, the City shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community already has adequate child care facilities.

(Ord. No. 712, pt. 1, 2-19-08)

Sec. 11-1.52.03. - Incentives.

(A)

[Affordable housing set-asides.] A proposed project that provides an affordable housing set-aside, as described in this Article, shall be granted incentives in the amounts shown in table 11-1.52-3.

Table 11-1.52-3

Number of Incentives

• Child care facility: When a qualified project includes a child care facility, the applicant shall receive one additional incentive as described in subsection 11-1.52.02(C)9.

(B)

[Requirements.] The planning commission shall approve the requested incentives for a proposed project if the applicant provides a written financial statement detailing that the incentive(s) is necessary to make the housing units economically feasible and will sufficiently reduce the cost of the housing development. The planning commission may deny one or more of the requested incentives if, based on substantial evidence, it makes either of the following written findings:

1.

The incentive is not required to ensure housing costs meet the affordability standards, as defined in Health and Safety Code § 50052.5, or any successor statute or regulation, or to ensure rents in the affordable units meet the requirements of this Article.

2.

The incentive would have a specific adverse impact, as defined in Government Code § 65589.5(d)(2), upon public health and safety, or physical environment, or any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households.

(C)

Menu of incentives.

1.

Additional density provided the overall density bonus received for the entire residential development does not exceed thirty-five (35) percent.

2.

A reduction in site development standards such as:

(a)

Reduced minimum lot sizes and/or dimensions.

(b)

Reduced minimum lot setbacks (up to thirty (30) percent).

(c)

Reduced minimum private and/or common outdoor open space.

(d)

Increased maximum building height (up to one (1) additional story).

(e)

Reduced on-site parking standards (parking study required).

3.

Change of zone to the city's mixed-use zoning designation, but with a twenty (20) percent commercial maximum. The proposed commercial land use shall be compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.

4.

A ten (10) percent decrease in the commercial requirement for a mixed-use project in the Mixed-Use Overlay district. If the proposed mixed-use project also consolidates at least two (2) parcels for a minimum twenty thousand (20,000) square feet a twenty (20) percent decrease shall be permitted.

5.

Other regulatory incentives that result in identifiable, financially sufficient, and actual cost reductions.

(Ord. No. 712, pt. 1, 2-19-08)

Sec. 11-1.52.04. - Affordable housing requirements.

(A)

Maximum affordable housing costs. The maximum total housing costs paid by a qualifying household, adjusted for household size appropriate for the unit, shall be pursuant to Health and Safety Code §§ 50052.5 and 50053.

(B)

Development Standards.

1.

[Dispersal of affordable units.] All affordable units shall be reasonably dispersed throughout the residential development, and shall be comparable with the market-rate units in terms of the design, construction quality, exterior appearance, and exterior finished quality.

2.

[Bedroom mix.] The bedroom mix of the affordable units shall be equivalent to the bedroom mix of the market-rate units of the residential development.

3.

[Parking standards.] Unless the city's adopted parking standards will result in fewer parking spaces, the following maximum parking standards shall apply, inclusive of handicapped and guest parking, for the entire residential development:

Number of On-Site Spaces Max. Number of Bedrooms

(a)

A parking calculation resulting in a fraction shall be rounded up to the next whole number.

(b)

On-site parking may be provided through tandem parking or uncovered parking, but not through on-street parking.

4.

[Construction schedule.] All affordable units in a residential development shall be constructed concurrently with the market-rate units, unless both the planning commission and developer agree to an alternative construction schedule. Such schedule shall be included in the affordable housing agreement required by section 11-1.52.06.

5.

Comparable amenities. Residents of affordable units may not be charged for amenities not charged to other residents, including without limitation, access to recreational facilities, parking, cable TV, and interior amenities like dishwashers and microwave ovens. Optional services for all residents shall be the same for residents of affordable and market rate units. Residents of affordable units shall not be required to purchase additional services.

(C)

Length of affordability.

1.

Affordable units offered for rent or sale shall be restricted to the maximum affordable housing cost for the designated income group and reserved for a minimum of thirty (30) years.

2.

A longer affordability period may be specified if required by any construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program applicable to the residential development.

(D)

Resale of affordable units.

1.

The purchaser of a unit for sale restricted for low, lower or moderate income households pursuant to this Article shall be required to execute an instrument or agreement in a form approved by the city restricting the sale of the unit during the applicable use restriction period in accordance with the terms of this Article.

2.

Upon resale of an affordable unit, the seller shall retain the value of any improvements, down payment, and the seller's proportionate share of appreciation. The city shall recapture any initial subsidy and its proportionate share of the appreciation, which shall then be used within three years for any of the proposes described in Health and Safety Code § 33334.2 subdivision (e), and as amended, that promote home ownership.

(Ord. No. 712, pt. 1, 2-19-08)

Sec. 11-1.52.05. - Affordable housing site plan.

(A)

In addition to the required application materials, the applicant shall submit separate site plan(s) containing the following information:

1.

A brief description of the residential development, and a chart including the number of market-rate units and affordable units proposed, and the basis for the number of affordable units.

2.

The unit-mix, locations, floor plans and square footages, and a statement as to whether the residential development is an ownership or rental project.

3.

In the event the developer proposes a phased project, a phasing plan that provides for the timely development of the affordable units as the residential development is constructed.

4.

A detail of the specific incentives, waivers, or modifications being requested as specified in subsection 111.52.03(B).

(a)

If a density bonus or concession is requested for a land donation, the affordable housing plan shall show the location of the land to be dedicated and provide evidence that each of the conditions included in subsection 11-1.52.02(C)8. are met.

(b)

If a density bonus or concession is requested for a child care facility, the affordable housing plan shall show the location and square footage of the child care facilities and provide evidence that each of the conditions included in subsection 11-1.52.02(C)9. are met.

5.

Any other information reasonably requested by the director to assist with the evaluation of the affordable housing plan.

6.

The affordable housing site plan shall be incorporated into all sets of plans used for receiving building permits.

(Ord. No. 712, pt. 1, 2-19-08)

Sec. 11-1.52.06. - Affordable housing agreement.

(A)

Applicants that have been conditionally granted an affordable housing density bonus and/or incentive(s) shall enter into an affordable housing agreement with the city in a form approved by the city attorney.

(B)

The approval and execution of the affordable housing agreement shall take place prior to final map approval or, where a map is not being processed, prior to the issuance of building permits.

(C)

An affordable housing agreement shall, at a minimum, include the following:

1.

The number, size and bedroom count, and location of the all units proposed.

2.

Level and tenure of affordability for the units.

3.

Schedule of development for all units.

4.

The income levels of the affordable units and an acknowledgment that the city will verify tenant and homebuyer incomes to maintain the affordability of the units.

5.

Approved incentives, if any, provided by the city.

6.

Where applicable, requirements for other documents to be approved by the city, such as marketing, leasing and management plans; financial assistance/loan documents; resale agreements; and monitoring and compliance plans.

(D)

For projects that include affordable or senior units offered for sale, the affordable housing agreement shall include the following conditions:

1.

Prior to receiving a certificate of occupancy, the developer shall record a deed restriction against each property containing an affordable unit restricting the sale of the unit in accordance with this Article and requiring the affordable unit to be owner-occupied by such eligible households. The deed restriction may also contain such provisions as the city might require to ensure continued compliance with the Article.

(E)

For projects that include affordable rental units, the affordable housing agreement shall include the following conditions:

1.

The obligations and restrictions set forth in the affordable housing agreement shall be recorded as a deed restriction against the entire residential development. The restrictions shall be binding on all future owners and successors in interest for the term of years specified therein.

2.

A provision requiring the property owner to submit an annual report to the city, which includes the name, address, and income of each person occupying the affordable units, and identifies the bedroom size and monthly rent of each affordable unit.

3.

The rules and procedures for qualifying tenants, establishing affordable rents, filling vacancies and maintaining target units for qualified tenants.

(Ord. No. 712, pt. 1, 2-19-08)

(A)

The provisions of this Article shall apply to all developers and their agents, successors and assigns proposing a residential development with a density bonus. No building permit or occupancy permit shall be

issued, nor any entitlement granted, for a project which does not meet the requirements of this Article.

(B)

All affordable units shall be rented or owned in accordance with this Article.

(C)

The city attorney shall be authorized to enforce the provisions of this Article and all affordable housing agreements, regulatory agreements, covenants, resale restrictions, promissory notes, deeds of trust and other requirements placed on affordable units by civil action and any other proceeding or method permitted by law. The city may, at its discretion, take such enforcement action as is authorized under the Lomita Municipal Code and/or any other action authorized by law or by any regulatory document, restriction or agreement executed under this Article.

(D)

Any individual who sells or rents an affordable unit in violation of the provisions of this Article shall be required to forfeit all monetary amounts so obtained.

(Ord. No. 712, pt. 1, 2-19-08)

Sec. 11-1.52.08. - Severability of provisions.

If any provision of this Article or the application thereof to any person or circumstances is held invalid, the remainder of the Article and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected.

(Ord. No. 712, pt. 1, 2-19-08)

PART 5.3. - LOT CONSOLIDATION[[19]]

Footnotes:

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Editor's note— Ord. No. 863, § 3(K), adopted Oct. 3, 2024, amended the title of Part 5.3 to read as herein set out. The former Part 5.3 title pertained to View Protection.

Article 53. - Lot Consolidation[[20]]

Footnotes:

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Editor's note— Ord. No. 724, § 2(pt. 3), adopted May 18, 2009, repealed art. 53, which pertained to view protection and derived from Ord. No. 522, § 1, adopted April 18, 1994.

Sec. 11-1.53.01. - Purpose and intent.

The purpose and intent of this chapter is to facilitate housing development and redevelopment through the consolidation of multiple adjacent parcels. Lot consolidation intends to incentivize development to support higher-density multifamily residential developments, particularly for lower income households. As a main incentive for lot consolidation, this chapter allows developers an increase in permitted density for projects that propose to build the maximum number of residential units allowed on a site.

(Ord. No. 863, § 3(K), 10-3-24)

Sec. 11-1.53.02. - Definition.

Lot consolidation shall mean the merging of two (2) or more contiguous parcels into fewer parcels through the elimination or modification of shared property lines.

(Ord. No. 863, § 3(K), 10-3-24)

Sec. 11-1.53.03. - Authority.

Lot consolidation applications shall be subject to review and approval by the planning commission in accordance with article 12 of the Lomita Municipal Code. Unless state law specifies otherwise, the planning commission shall be the final authority for all applicable discretionary and administrative permits requesting additional units and incentives pursuant to this chapter. The decisions of the planning commission shall be final unless a written appeal is filed pursuant to article 70, zoning ordinance administration, of the Lomita Municipal Code.

(Ord. No. 863, § 3(K), 10-3-24)

Sec. 11-1.53.04. - Applicability.

Incentives pertaining to lot consolidation apply only to development proposing the consolidation of two (2) or more contiguous parcels or units of land which have been created under the provisions of the Subdivision Map Act or any prior law regulating the division of land. All parcels are eligible for the incentives in this chapter provided that the resulting lot, subsequent to consolidation, meets the minimum standards listed in section 11-1.53.09.

(Ord. No. 863, § 3(K), 10-3-24)

Sec. 11-1.53.05. - Treatment of lots after consolidation.

After consolidation completion, with respect to any contiguous lots, parcels, or units of land under this chapter, such lots, parcels, or units of land shall be treated as a single lot under the provisions of the Lomita Municipal Code.

(Ord. No. 863, § 3(K), 10-3-24)

Sec. 11-1.53.06. - Contiguity.

Property shall be considered as contiguous lots, parcels, or units of land only if such lots, parcels, or units of land are adjoining, but not if separated by roads, streets, alleys, railroad rights-of-way, or other features deemed to be similar by the community and economic development director.

(Ord. No. 863, § 3(K), 10-3-24)

Sec. 11-1.53.07. - Review by the planning commission.

The community and economic development director, or their authorized representative, shall determine that projects proposing to consolidate lots meet all minimum standards in section 11-1.53.09 prior to scheduling a public hearing for review by the planning commission. Projects proposing buildout beyond the development incentives granted in this chapter, or land uses that require separate entitlements, shall apply for the applicable discretionary permits concurrently. The application will be reviewed against the required findings in this chapter, section 11-1.53.11, as well as the required findings for all necessary discretionary and administrative permits.

(Ord. No. 863, § 3(K), 10-3-24)

Sec. 11-1.53.08. - Notice to county recorder.

Whenever the community and economic development director or planning commission determines that real property has been consolidated pursuant to this chapter, the director, within thirty (30) days of such decision, shall cause to be filed for record with the county recorder a notice of such consolidation specifying the names of the recorded owner(s) and describing the real property affected by the consolidation.

(Ord. No. 863, § 3(K), 10-3-24)

Sec. 11-1.53.09. - Minimum standards for lot consolidation.

In order to qualify for incentives, a lot consolidation request under section 11-1.53.02 of this chapter must adhere to the minimum standards specified in section 11-1.53.09(A) and (B) and result in a lot that satisfies all criteria outlined in table 11-1.53.A: Minimum standards for lot consolidation.

Table 11-1.53.A: Minimum Standards for Lot Consolidation

(A)

Consolidating lots with different zoning. In the event two (2) or more parcels with dissimilar zoning districts are proposed to be consolidated, resulting in a single parcel, the rezoning of the new parcel shall be made concurrently with the submittal of a lot consolidation request with a determination made by the planning commission in relation to supporting congruency with the surrounding zoning districts. If the consolidated single-zoned parcel would not result in greater neighborhood compatibility, including zoning districts with contrasting development standards or other potential negative influencing factors, the planning commission shall determine the resulting zoning district for the consolidated lot.

(B)

Term of affordability and resale.

(1)

An applicant entitling a rental project shall enter into an affordable housing agreement and restrictive covenant with the city which shall ensure any additional units awarded pursuant to this ordinance shall be rented to low-, very low-, and extremely low-income households at an affordable housing cost, as that term is defined in Health and Safety Code § 50052.5, for not less than thirty (30) years or a longer period of time as may be required by other project funding sources. Household income and rents for the low, very low-, and extremely low-income units must be reported annually to the community development department. For purposes of this chapter, low-income households shall be defined by Health and Safety Code § 50079.5, very low-income households shall be defined by Health and Safety Code § 50105, and extremely lowincome households shall be defined by Health and Safety Code § 50106. The restrictive covenant shall be recorded against the property prior to the issuance of the first building permit.

(2)

An applicant for a for-sale residential project shall enter into an equity sharing agreement and restrictive covenant with the city, which shall ensure that all additional units allowed pursuant to this chapter shall be sold to low-, very low-, and extremely low-income households at an affordable housing cost. The city shall enforce the equity sharing agreement unless it is in conflict with the requirements of a public funding source or law. The restrictive covenant shall be recorded against the property prior to the issuance of the first building permit. The following requirements apply to the equity sharing agreement:

a.

Upon resale, the seller of the unit shall retain the value of any documented improvements, the down payment, and the seller's proportionate share of appreciation. The city shall recapture any initial subsidy, as defined in subparagraph section 11-1.53.09(B)(2)(b), and its proportionate share of appreciation, as defined in subparagraph section 11-1.53.09(B)(2)(c).

b.

For purposes of this subdivision, the city's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the lower income household, plus the amount of any down payment assistance or mortgage assistance provided by the city, if any. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.

c.

For purposes of this subdivision, the city's proportionate share of appreciation shall be equal to the ratio of the city's initial subsidy to the fair market value of the home at the time of initial sale.

(Ord. No. 863, § 3(K), 10-3-24)

Sec. 11-1.53.10. - Incentives.

Reserved.

(Ord. No. 863, § 3(K), 10-3-24)

Sec. 11-1.53.11. - Required findings.

In order to grant the incentives for lot consolidation, the planning commission shall make the following findings:

(A)

The project meets the minimum standards for lot consolidation (section 11-1.53.09) and proposes development accommodating the allowed maximum density.

(B)

In granting an increase in allowable density, fifty (50) percent or more of the additional units are affordable at low-, very low, or extremely low-income levels in congruence with Health and Safety Code § 50052.5 and an agreement with the city is established ensuring the unit's continued affordability for thirty (30) years or longer.

(C)

In granting an increase in building height, a reduction in required building setbacks, a reduction in parking requirements, an increase in maximum FAR, and/or any other deviations from development standards required per the Lomita Municipal Code, the planning commission shall find that such increase and/or

decrease will not result in any adverse impacts to adjacent properties due to an encroachment of building elements that would substantially reduce a property's access to light and air, the privacy enjoyed by the adjacent residents, or otherwise reduce the reasonable use of the property.

(D)

The parcels involved in a lot consolidation must be legal lots, free of future development deed restrictions, and can separately be constructed in conformity with the Lomita Municipal Code and health and safety codes in effect at time of application submittal.

(E)

If deemed necessary, an impact study must show that the proposed increase in density or number of units on site does not cause a significant impact to the city's sewer and water infrastructure systems.

(Ord. No. 863, § 3(K), 10-3-24)

PART 5.4. - LOT LINE ADJUSTMENT Article 54. - Lot Line Adjustment

Sec. 11-1.54.01. - Intent and purpose.

Section 66412(d) of the California Subdivision Map Act authorizes local governments to approve lot line adjustments between two (2) or more existing adjacent parcels, not to exceed four (4) parcels, without the filing of a tentative or final parcel map.

(Ord. No. 414, § 1, 6-1-87)

Sec. 11-1.54.02. - Definition.

Lot Line Adjustment: An adjustment of lot lines between two (2) or more existing adjacent parcels, 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, § 1, 6-1-87)

Sec. 11-1.54.03. - Submittal.

Prior to filing for a lot line adjustment, it must be determined and established that the parcels were legally subdivided. A lot line adjustment application shall be required, accompanied by information as specified by the planning director and by a fee as established by the city council.

(Ord. No. 414, § 1, 6-1-87)

Sec. 11-1.54.04. - Approval.

(A)

Approval of the application for lot line adjustment shall be subject to review by the planning director. The planning director shall notify adjacent property owners of the proposed lot line adjustment and allow time

to respond. The planning director shall approve or conditionally approve the application if there are no objections from the notified property owners and if the lot line adjustment does not:

(1)

Create any new lots.

(2)

Include any lot or parcels created illegally.

(3)

Impair any existing access or create a need for new access to any adjacent lots or parcels.

(4)

Impair any existing easements or create a need for any new easements serving adjacent lots or parcels.

(5)

Require substantial alteration of any existing improvements or create a need for any new improvements.

The new lot line shall be approximately parallel to the former lot line, and shall not be more than twenty-five (25) feet therefrom, measured at right angles, and shall be located in such a manner as not to substantially alter the size or shape of the existing lots.

The adjusted parcel configurations shall be in accord with the established neighborhood lot design patterns and shall not violate any ordinance, statute or regulation of the city's zoning ordinance or the Subdivision Map Act.

(B)

The planning director or planning commission, upon appeal, may impose such conditions of approval to be satisfied prior to recordation of the lot line adjustment as the director or commission may find necessary to ensure that the lot line adjustments involved are in full compliance with this title.

(C)

If the adjustment is approved, the director shall record with the county recorder a certificate of compliance containing the legal description of the parcels as they will exist after adjustment.

(D)

The lot line adjustment shall be reflected in a deed or record of survey which shall be recorded with the certificate of compliance.

(Ord. No. 414, § 1, 6-1-87)

Sec. 11-1.54.05. - Appeal.

In the event the applicant or other interested party is dissatisfied with the action taken by the planning director, he may appeal such decision to the planning commission. In the event the applicant or other interested party is dissatisfied with the action taken by the planning commission, he may appeal such decision to the city council. Any such appeal shall be filed and heard in the manner prescribed in Article 70 of Chapter 1 of Title XI of this Code.

(Ord. No. 414, § 1, 6-1-87; Ord. No. 733, § 2(pt. 2), 9-7-10)

PART 5.5 - LOT MERGER Article 55. - Lot Merger

Section 66451.10 of the California Subdivision Map Act stipulates that two (2) or more contiguous lots, parcels or units of land which have been legally created shall not be deemed merged by virtue of the fact that such contiguous parcels or units are held by the same owner. Any or all lots, parcels or units of land which may have been merged pursuant to state or local law prior to the adoption of this Article, but for which a notice of merger was not recorded, are hereby deemed to be unmerged and separate parcels. Upon request of an owner, the planning director shall schedule a hearing before the planning commission; and if determined that a parcel is unmerged pursuant to this Article, a certificate of merger must be filed.

(Ord. No. 414, § 2, 6-1-87)

[Lot Merger:] 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, § 2, 6-1-87)

Sec. 11-1.55.03. - Merger of contiguous parcels.

Whenever two (2) or more contiguous lots, parcels or units of land which have been legally created under the provision of the California Subdivision Map Act and other applicable provisions of the City of Lomita Municipal Code are held by the same owner, such lots, parcels or units of land shall be merged where all of the following requirements are satisfied:

(a)

At least one (1) of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure that is also partially sited on a contiguous parcel or unit.

(b)

With respect to any affected parcel, one (1) or more of the following conditions exist:

(1)

Comprises less than five thousand (5,000) square feet in area at the time of the determination of merger.

(2)

Was not created in compliance with applicable laws and ordinances in effect at the time of its creation.

(3)

Does not meet current standards for sewage disposal and domestic water supply.

(4)

Does not meet slope stability standards.

(5)

Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.

(6)

Its development would create health or safety hazards.

(7)

Is inconsistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards.

The above subsections shall not apply if any of the conditions as stated in Section 66451.11(b), (A), (B), (C), (D) or (E) of the Subdivision Map Act exist.

(Ord. No. 414, § 2, 6-1-87)

Sec. 11-1.55.04. - Treatment of lots after merger.

After merger has occurred with respect to any contiguous lots, parcels or units of land under this Article, such lots, parcels or units of land shall be treated as a single lot under the provisions of the Lomita Municipal Code.

(Ord. No. 414, § 2, 6-1-87)

Sec. 11-1.55.05. - Contiguity.

Property shall be considered as contiguous lots, parcels or units of land only if such lots, parcels or units of land are adjoining, but not if they are separated by roads, streets, alleys, railroad rights-of-way or other features deemed to be similar by the planning director or if they are zoned for different uses.

(Ord. No. 414, § 2, 6-1-87)

Sec. 11-1.55.06. - Notice of intention to determine status.

Whenever the director finds that the real property can be merged pursuant to this Article, the director shall mail by certified mail to the current record owner of the property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to the standards specified in the merger ordinance, and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing should he feel that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the county recorder on the date that notice is mailed to the property owner.

(Ord. No. 414, § 2, 6-1-87)

Sec. 11-1.55.07. - Review by the planning commission.

The planning commission shall hold a public hearing if requested by the property owner on a merger pursuant to section 11-1.55.06. The property owner shall state his objections to the merger and present the evidence upon which he relies. If the planning commission finds that the conditions constituting the merger have not occurred, or that a variance can be granted pursuant to Article 70 of the Lomita Zoning Ordinance, then it shall determine that no merger has occurred and instruct the director not to file a notice of merger. The decision by the planning commission may be appealed to the city council as specified in Article 70 of the Lomita Municipal Code.

(Ord. No. 414, § 2, 6-1-87; Ord. No. 733, § 2(pt. 2), 9-7-10)

Sec. 11-1.55.08. - Notice to county recorder.

Whenever the director of planning or planning commission determines that real property has merged pursuant to this chapter, the director, within thirty (30) days of such decision, shall cause to be filed for record with the county recorder a notice of such merger specifying the names of the recorded owner(s) and describing the real property affected by the merger.

(Ord. No. 414, § 2, 6-1-87)

Sec. 11-1.55.09. - Release of the notice of intention to determine status.

Should the director of planning or the planning commission determine that the subject property shall not be merged, a release of the notice of intention to determine status shall be recorded with the county recorder's office and a clearance letter shall be sent to the current owner of record.

(Ord. No. 414, § 2, 6-1-87)

PART 5.6. - SALE OF ALCOHOLIC BEVERAGES Article 56. - Sale of Alcoholic Beverages[[21]]

Footnotes:

--- ( 21 ) ---

Editor's note— Ord. No. 723, § 2, adopted April 6, 2009, amended art. 56 in its entirety and enacted similar provisions as set out herein. The former art. 56 derived from Ord. No. 453, § I, adopted Dec. 4, 1989; and Ord. No. 556, § 1, adopted Dec. 18, 1995.

Sec. 11-1.56.01. - Purpose and intent.

The purpose and intent of this chapter is to establish the requirements and development standards for businesses engaging in the sale of alcoholic beverages in order to mitigate secondary effects of such land uses on public health, safety and welfare.

(Ord. No. 723, § 2, 4-6-09)

Sec. 11-1.56.02. - Conditional use permit required.

(A)

A conditional use permit issued pursuant to Article 70 of the zoning ordinance of the city shall be required for the sale of alcoholic beverages for off-site or on-site consumption.

(B)

The planning commission may approve a conditional use permit if it determines that substantial evidence supports the required findings set forth in Article 70, the application otherwise complies with the requirements of this chapter and the requirements of section 11-1.56.03. In granting a conditional use permit for the sale of alcoholic beverages for off-site or on-site consumption, the planning commission may impose specific conditions to mitigate the impact of the sale of alcoholic beverages including, but not limited to, conditions to reduce noise impacts, prevent loitering, require graffiti removal, provide adequate lighting and prohibit pay phones.

(Ord. No. 723, § 2, 4-6-09; Ord. No. 733, § 2(pt. 2), 9-7-10)

Sec. 11-1.56.03. - Distance requirements between uses.

The following distance requirements apply to uses that sell alcohol for on-site or off-site consumption:

(A)

Separation requirements for businesses selling alcohol for off-site consumption:

1.

Any business with square footage of two thousand five hundred (2,500) or less shall be located at least six hundred (600) feet from any other establishment authorized to sell alcoholic beverages for off-site consumption; and

2.

Any establishment with square footage greater than two thousand five hundred (2,500) shall be located at least three hundred (300) feet from any other establishment authorized to sell alcoholic beverages for offsite consumption.

(B)

The distances set forth in subsection (A) shall be measured between the nearest entrances used by patrons along the shortest route available for public passages from one business to another, or to the nearest property line of any of the above-referenced uses, whichever is shortest.

(C)

Any business selling alcoholic beverages for off-site or on-site consumption shall be located a minimum of three hundred (300) feet from schools, parks, public recreation areas and any other use determined to be a sensitive use by the community development director. The distance shall be measured from the closest property line from the subject parcel to the closest property line of the parcel containing the sensitive use.

(D)

The planning commission may modify the distance requirements when granting a conditional use permit pursuant to Article 70 of the Lomita Municipal Code if the following additional findings are made:

1.

That the proposed use will not have an adverse impact on public safety. Factors that could be considered to determine impact include but are not limited to Los Angeles County Sheriff Department's crime statistics for the underlying and surrounding reporting districts, Los Angeles County Sheriff Department's crime statistics for the underlying and surrounding properties and the types of crime within those same areas;

2.

The business will provide beneficial commercial vitality to the area; and

3.

The use will not be objectionable or detrimental to surrounding properties and the neighborhood.

(Ord. No. 723, § 2, 4-6-09; Ord. No. 733, § 2(pt. 2), 9-27-10; Ord. No. 754, § 2, 11-19-12)

Sec. 11-1.56.04. - Reserved.

Editor's note— Ord. No. 787, § 5, adopted May 2, 2017, repealed § 11-1.56.04 in its entirety. Former § 111.56.04 pertained to consumption and derived from Ord. No. 723, § 2, adopted April 6, 2009.

Sec. 11-1.56.05. - Existing businesses selling alcohol.

(A)

Any business which sells alcoholic beverages which existed prior to the adoption of the original Article [December 4, 1989], and which has not obtained a conditional use permit, shall be a legal nonconforming use as defined in Article 70 herein.

(B)

In the event that any legal nonconforming establishment expands or changes the type or quantity of alcoholic beverages for sale, such establishment shall be required to obtain conditional use permit

approval.

(Ord. No. 723, § 2, 4-6-09; Ord. No. 733, § 2(pt. 2), 9-7-10)

PART 5.7. - TRANSPORTATION DEMAND MANAGEMENT Article 57. - Transportation Demand Management

The Legislature of the State of California (Government Code sections 65089 and 65089.3) has adopted legislation requiring the preparation and implementation of a transportation demand management ordinance to address trip reduction and travel demand management in order to promote alternative transportation methods, such as carpools, vanpools, transit, bicycles and other strategies.

(Ord. No. 510, § 1, 2-15-93)

Sec. 11-1.57.02. - Definitions.

The following words or phrases as used in this section are defined in section 11-1.15 of the Lomita Zoning Ordinance:

Alternative Transportation (section 11-1.15.01(A)).

Applicable Development (section 11-1.15.01(A)).

Buspool (section 11-1.15.02(B)).

Carpool (section 11-1.15.03(C)).

The California Environmental Quality Act (CEQA) (section 11-1.15.03(C)).

Developer (section 11-1.15.04(D)).

Development (section 11-1.15.04(D)).

Preferential Parking (section 11-1.15.16(P)).

Property Owner (section 11-1.15.16(P)).

South Coast Air Quality Management District (SCAQMD) (section 11-1.15.19(S)).

Tenant (section 11-1.15.20(T)).

Transportation Demand Management (TDM) (section 11-1.15.20(T)).

Trip Reduction (section 11-1.15.20(T)).

Vanpool (section 11-1.15.22(V)).

(Ord. No. 510, § 1, 2-15-93)

Prior to approval of any development project for which an environmental impact report (EIR) will be prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) or based on a local determination, regional and municipal fixed-route transit operators providing service to the project shall be identified and consulted with. Projects for which a notice of preparation (NOP) for a draft EIR has been circulated pursuant to the provisions of CEQA prior to the effective date of this Article [March 3, 1993] shall be exempted from its provisions. The "Transit Impact Review Worksheet," contained in the Los Angeles County Congestion Management Program Manual, or similar worksheets, shall be used in assessing impacts. Pursuant to the provisions of CEQA, transit operators shall be sent an NOP for all contemplated EIR's and shall, as part of the NOP process, be given opportunity to comment on the impacts of the project to identify recommended transit service or capital improvements which may be required as a result of the project, and to recommend mitigation measures which minimize automobile trips on the CMP network. Impacts and recommended mitigation measures identified by the transit operator shall be evaluated in the draft environmental impact report prepared for the project. Related mitigation measures adopted shall be monitored through the mitigation monitoring requirements of CEQA.

Phased development projects, development projects subject to a development agreement, or development projects requiring subsequent approval need not repeat this process as long as no significant changes are made to the project. It shall remain the discretion of the city to determine when a project is substantially the same and therefore covered by a previously certified EIR.

(Ord. No. 510, § 1, 2-15-93)

Sec. 11-1.57.04. - Transportation demand and trip reduction measures.

(A)

Applicability of Requirements:

(1)

Prior to approval of any development project, the applicant shall make provision for, as a minimum, all of the following applicable transportation demand management and trip reduction measures.

(2)

This Article shall not apply to projects for which a development application has been deemed "complete" by the city pursuant to Government Code section 65943, or for which a notice of preparation for a DEIR has been circulated or for which an application for a building permit has been received, prior to the effective date of this Article [March 3, 1993].

(3)

All facilities and improvements constructed or otherwise required shall be maintained in a state of good repair.

(B)

Development Standards:

(1)

Nonresidential development of twenty-five thousand (25,000) square feet or more shall provide the following to the satisfaction of the city:

(a)

A bulletin board, display case, or kiosk displaying transportation information located where the greatest number of employees are likely to see it. Information in the area shall include, but is not limited to, the following:

1.

Current maps, routes and schedules for public transit routes serving the site.

2.

Telephone numbers for referrals on transportation information, including numbers for the regional ridesharing agency and local transit operators.

3.

Ridesharing promotional material supplied by commuter-oriented organizations.

4.

Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information.

5.

A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site.

(2)

Nonresidential development of fifty thousand (50,000) square feet or more shall comply with paragraph (1) above and shall provide all of the following measures to the satisfaction of the city:

(a)

Not less than three (3) percent of the total number of required parking in commercial projects, eight and five-tenths (8.5) percent of the total number of required parking in office/professional projects, and nine (9) percent of the total number of required parking in wholesale/warehouse and industrial/manufacturing projects shall be located as close as is practical to the employee entrance(s) and shall be reserved for use by potential carpool/vanpool vehicles without displacing handicapped and customer parking needs. This preferential carpool/vanpool parking area shall be identified on the site plan upon application for building permit, to the satisfaction of the city. A statement that preferential carpool/vanpool spaces for employees are available and a description of the method for obtaining such spaces must be included on the required transportation information board. Spaces will be signed/striped as demand warrants; provided that at all

times at least one (1) space for projects of fifty thousand (50,000) square feet to one hundred thousand (100,000) square feet and two (2) spaces for projects over one hundred thousand (100,000) square feet will be signed/striped for carpool/vanpool vehicles.

(b)

Preferential parking spaces reserved for vanpools must be accessible to vanpool vehicles. When located within a parking structure, a minimum vertical interior clearance of seven (7) feet two (2) inches shall be provided for those spaces and access ways to be used by such vehicles. Adequate turning radii and parking space dimensions shall also be included in vanpool parking areas, subject to Article 66.

(c)

Bicycle racks or other secure bicycle parking shall be provided to accommodate four (4) bicycles per the first fifty thousand (50,000) square feet of nonresidential development and one (1) bicycle per each additional fifty thousand (50,000) square feet of nonresidential development. Calculations which result in a fraction of one-half (0.5) or higher shall be rounded up to the nearest whole number. A bicycle parking facility may also be a fully enclosed space or locker accessible only to the owner or operator of the bicycle, which protects the bike from inclement weather. Specific facilities and location (e.g., provision of racks, lockers, or locked room) shall be to the satisfaction of the city.

(3)

Nonresidential development of one hundred thousand (100,000) square feet or more shall comply with paragraphs (1) and (2) above and shall provide all of the following measures to the satisfaction of the city:

(a)

A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers.

(b)

Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the development.

(c)

If determined necessary by the city to mitigate the project impact, bus stop improvements must be provided. The city will consult with the local bus service providers in determining appropriate improvements. When locating bus stops and/or planning building entrances, entrances must be designed to provide safe and efficient access to nearby transit stations/stops.

(d)

Safe and convenient access from the external circulation system to bicycle parking facilities on-site.

(4)

Parking space requirements and other lot development standards shall be subject to Article 66 of the Zoning Ordinance.

(Ord. No. 510, § 1, 2-15-93; Ord. No. 517, § 1, 6-7-93)

Sec. 11-1.57.05. - Monitoring and enforcement.

Prior to the final inspection and/or issuance of a certificate of occupancy, city staff shall inspect the development to verify compliance with this Article.

All of the above required improvements and/or development standards shall remain unchanged, unless amended by the city or a variance from the requirements has been obtained.

Any changes made contrary to the provisions of this Article shall be investigated by the city's code enforcement officer, who shall commence appropriate legal action or proceeding for the abatement of the violation.

(Ord. No. 510, § 1, 2-15-93)

PART 5.8. - MIXED-USE OVERLAY DISTRICT

Article 58. - Mixed-Use Overlay District

Sec. 11-1.58.01. - Intent and purpose.

The mixed-use overlay district is established to promote effective use of land by allowing vertical and horizontal mixed land uses. The mixed-use overlay district contains flexible development standards to encourage reuse of existing properties at higher residential densities and low-intensity commercial uses. These standards shall apply only when a mixed-use project is proposed/developed.

(Ord. No. 692, § 1, 10-2-06)

Sec. 11-1.58.02. - Definitions.

Building frontage: 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.

Development site: A parcel or group of contiguous parcels that are proposed for development as one project.

Ground floor: Ground floor is 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.

Live-work/work-live units: 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 (1) 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.

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 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. 692, § 1, 10-2-06)

Sec. 11-1.58.03. - Uses subject to planning commission review and approval.

Premises in mixed-use overlay zone may be used for the following purposes subject to review and approval by the planning commission, pursuant to the provisions of article 70, "Zoning Ordinance Administration."

(A)

Any uses where new buildings, structures or additions are proposed; the location of said buildings, structures and additions shall be to the satisfaction of the commission. Minor additions that do not require additional parking and low-barrier navigation centers are exempt from this requirement. Low-barrier navigation centers as defined by California Government Code 65660 shall be permitted by-right within the Mixed-Use Overlay District as regulated by Lomita Municipal Code section 11-1.68.11 ("Low-Barrier Navigation Centers").

(Ord. No. 692, § 1, 10-2-06; Ord. No. 733, § 2(pt. 2), 9-7-10; Ord. No. 845, § 4(E), 3-21-23)

Sec. 11-1.58.04. - Permitted uses by conditional use permit.

Premises in the mixed-use overlay zone may be used for the following purposes:

(A)

Any use similar to the following uses or uses allowed in the underlying zoning district which the commission finds to fall within the intent and purpose of this zone that will not be more obnoxious or materially detrimental to the public welfare and which the commission finds to be of a comparable nature and of the same class as the uses enumerated in this section.

In order to qualify for a mixed-use development, a combination of land uses must be proposed consistent with the definition of mixed use in this chapter. In addition to uses permitted in the underlying zoning districts, the following uses shall be permitted in a mixed-use configuration:

(1)

Single- and multifamily residential units at densities up to twenty-two (22) units per acre subject to the development standards in section 11.1.58.06. In the D-C zone, residential units shall be permitted above the ground floor adjacent to a public street or to the rear of the lot(s).

(2)

Single-room occupancy units (SRO) subject to the development standards listed in Section 11-1.68.10.

(3)

Barber, beauty shops and nail salons.

(4)

Dry cleaning (pick-up only); no on-site cleaning permitted.

(5)

Markets and grocery stores (no off-sale beer and wine/alcohol)

(6)

Offices, professional and medical

(7)

Restaurants (no live or amplified entertainment)

(8)

Retail sales of new merchandise only.

(9)

Other uses where the community development director deems are compatible with the residential use.

(Ord. No. 692, § 1, 10-2-06; Ord. No. 759, § 2, 7-1-13)

Sec. 11-1.58.05. - Prohibited uses.

In addition to uses not listed as permitted in the Article, the following uses are specifically prohibited in the mixed-use overlay zone when a mixed-use project is proposed/developed on the same property:

(1)

Hotels and motels.

(2)

Auto repair and related uses.

(3)

Off-site alcohol sales.

(4)

Fueling service stations, car wash facilities and car rentals.

(5)

Institutional uses (including schools and houses of worship).

(6)

Industrial uses (including manufacturing, outdoor storage and warehousing).

(Ord. No. 692, § 1, 10-2-06; Ord. No. 757, § 2, 6-3-13)

Sec. 11-1.58.06. - Standards of development

Premises within the mixed-use overlay zone shall be subject to the development standards prescribed in this section and those standards contained in part 6, "General Standards of Development."

Projects that are not considered mixed-use are subject to the underlying zoning regulations of its applicable zone.

(a)

Mixed-use projects with five (5) or more residential units.

(1)

Minimum lot size. The minimum lot size for mixed-use developments shall be ten thousand (10,000) square feet.

(2)

Yards and sightlines.

a.

Front yard. None required.

b.

Side yard. None required, except that a building exceeding sixteen (16) feet in height on a lot or parcel in the mixed-use overlay zone which has a side lot line adjoining property in a residential zone shall have a side setback not less than ten (10) feet.

c.

Rear yard. None required, except that a building exceeding sixteen (16) feet in height on a lot or parcel in the mixed-use overlay zone which has a rear lot line adjoining property in a residential zone shall have a rear setback not less than ten (10) feet.

d.

Corner lots. To ensure adequate visibility for vehicles turning a corner, a clear vision triangle shall be created with ten (10) foot-long perpendicular legs.

(3)

Minimum unit size.

a.

Studio—Five hundred (500) square feet;

b.

One bedroom—Seven hundred (700) square feet;

c.

Two (2) bedrooms—Nine hundred (900) square feet;

d.

Additional bedrooms—Two hundred (200) additional square feet per bedroom.

(4)

Building height. No lot or parcel of land in the mixed-use overlay zone shall have a building or structure in excess of thirty-five (35) feet.

(5)

Percentage of nonresidential uses. Percentage of nonresidential uses for mixed-use projects shall be a minimum of thirty (30) percent. Mixed-use projects shall be consistent with the definition in section 111.58.02. A deviation from this requirement may be granted subject to conditional use permit.

(6)

Off-street parking and loading. For new mixed-use development, the commercial component shall have offstreet parking and loading pursuant to Article 66, "Off-Street Parking, Storage and Loading." The parking ratio for the residential component of mixed-use projects is as follows. Residential parking may be met by covered or open parking spaces.

a.

Units between five hundred (500) and seven hundred (700) square feet—One space;

b.

Units seven hundred one (701) square feet and greater—Two (2) spaces;

c.

Guest parking—.25 spaces per unit.

(7)

Ground floor building coverage. For visual interest at the pedestrian level, at least fifty (50) percent of the total ground floor building frontage of any new or reconstructed building facing the public street shall have the following: windows with clear glass, recessed entries, residential stoops, or recesses for outdoor dining areas. To calculate the total ground-floor frontage, use the length of the building frontage along the pedestrian realm times the first-floor height from floor to ceiling.

(8)

Open space.

a.

Recreation and open space shall be provided for each mixed-use project. The required minimum amount of open space for a mixed-use project is two hundred (200) square feet per unit. The minimum open space may be met through a combination of common and private open space. All required open space shall be useable.

b.

A minimum of twenty-five (25) percent of all open space shall be planted area including trees, shrubs and gardens. Planters and planting containers may be counted toward this requirement.

c.

Common open space shall require a minimum width of ten (10) feet and be a minimum of two hundred (200) square feet in area.

d.

Projects that propose a public open space component as part of a mixed-use project may request a waiver from the open space requirement pursuant to Article 70 (Zoning Ordinance Administration).

(9)

Utilities. All new utilities shall be placed underground.

(10)

Satellite antennas. Satellite antennas when fully screened from the public right-of-way may be ground or roof mounted but may not exceed the height limit of buildings or structures in tR+s zone.

(11)

Walls.

a.

Each lot or parcel of land in the mixed-use overlay zone which has a side or rear lot line adjoining property in a residential zone shall have a solid masonry wall, not less than six (6) feet in height, established along

said side and rear lot lines except as otherwise provided in section 11-1.66.08(1) and except where such adjoining property is used in conjunction with such commercial lot.

b.

No wall shall be required if the building is located on a property line adjoining residential zones. However, windows shall not be located on the side of a commercial building which adjoins residential zones.

(b)

Mixed-use projects with four (4) or less residential units in the downtown, commercial (D-C) zone.

(1)

Definitions. For purposes of this subsection, the following definitions will apply:

a.

Concession shall mean a reduction in development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission.

b.

Incentive shall mean a modification to development standards, of zoning code requirements or architectural design requirements.

(2)

Development standards.

a.

No minimum lot size.

b.

Yards and sightlines.

i.

Front yard. None required.

ii.

Side yard. None required, except that a building exceeding sixteen (16) feet in height on a lot or parcel in the mixed-use overlay zone which has a side lot line adjoining property in a residential zone shall have a side setback not less than ten (10) feet.

iii.

Rear yard. None required, except that a building exceeding sixteen (16) feet in height on a lot or parcel in the mixed-use overlay zone which has a rear lot line adjoining property in a residential zone shall have a rear setback not less than ten (10) feet.

iv.

Corner lots. To ensure adequate visibility for vehicles turning a corner, a clear vision triangle shall be created with ten (10) foot-long perpendicular legs.

v.

Exemption. Existing buildings converting existing floor area or up to one hundred fifty (150) square feet for ingress/egress shall be exempt from setback and sightline requirements.

(3)

Further development standards.

a.

Maximum average unit size (no minimum size greater than California Health and Safety Code Section 17958.1).

i.

Studio—Five hundred fifty (550) square feet;

ii.

One (1) bedroom—Eight hundred (800) square feet;

iii.

Two (2) bedrooms—One thousand (1,000) square feet;

iv.

Additional bedrooms—Two hundred (200) additional square feet per bedroom.

b.

Building height. No lot or parcel of land in the mixed-use overlay zone shall have a building or structure in excess of thirty-five (35) feet. Existing buildings converting existing space shall be exempt from height requirements.

c.

Percentage of nonresidential uses. Percentage of nonresidential uses shall be a minimum of thirty (30) percent. Mixed-use projects shall be consistent with the definition in section 11-1.58.02. A deviation from this requirement may be granted subject to conditional use permit.

d.

Off-street parking and loading. For new mixed-use development, the commercial component shall have offstreet parking and loading pursuant to Article 66, "Off-Street Parking, Storage and Loading." The parking ratio for the residential component of mixed-use projects is as follows. Parking may be met by covered or open parking spaces, but not enclosed parking spaces.

i.

Units between five hundred (500) and seven hundred (700) square feet—One space;

ii.

Units seven hundred one (701) square feet and greater—Two (2) spaces;

iii.

Guest parking—One space total per project.

e.

Building ground floor

i.

Fronting Narbonne Avenue or Lomita Boulevard, only nonresidential uses may be located on the ground floor, with the exception of ingress/egress for units located above the ground floor. Commercial ground floor area shall not be converted to residential ground floor area, with the exception of ingress/egress for units located above the ground floor.

ii.

Building coverage. For visual interest at the pedestrian level, at least fifty (50) percent of the total ground floor building frontage of any new or reconstructed building facing the public street shall have the following: windows with clear glass, recessed entries, residential stoops, or recesses for outdoor dining areas. To calculate the total ground-floor frontage, use the length of the building frontage along the pedestrian realm times the first-floor height from floor to ceiling.

f.

Open space.

i.

Recreation and open space shall be provided for each mixed-use project. The required minimum amount of open space for a mixed-use project is two hundred (200) square feet per unit. The minimum open space may be met through a combination of common and private open space. All required open space shall be useable.

ii.

A minimum of twenty-five (25) percent of all open space shall be planted area including trees, shrubs and gardens. Planters and planting containers may be counted toward this requirement.

iii.

Common open space shall require a minimum width of ten (10) feet and be a minimum of two hundred (200) square feet in area.

g.

Utilities. All new utilities shall be placed underground.

h.

Satellite antennas. Satellite antennas when fully screened from the public right-of-way may be ground or roof mounted but may not exceed the height limit of buildings or structures in this zone.

i.

Walls.

i.

Each lot or parcel of land in the mixed-use overlay zone which has a side or rear lot line adjoining property in a residential zone shall have a solid masonry wall, not less than six (6) feet in height, established along said side and rear lot lines except as otherwise provided in section 11-1.66.08(1) and except where such adjoining property is used in conjunction with such commercial lot.

ii.

No wall shall be required if the building is located on a property line adjoining residential zones. However, windows shall not be located on the side of a commercial building which adjoins residential zones.

(4)

Affordable residential unit(s).

a.

This subsection applies to any proposed mixed-use project with four (4) or less residential units, when an applicant proposes to reserve a portion of the units for lower income households. In exchange for reserving affordable residential units, the applicant shall be eligible to select incentives or concessions to relieve the project of either two or three requirements listed within subsection (B)(3), as follows:

i.

Two (2) incentives or concessions for projects that include one unit for a lower income household.

ii.

Three (3) incentives or concessions for projects that include at least two (2) units for lower income households, or one unit for a very low income household.

b.

To be eligible for the incentives or concessions, the unit(s) shall be rented at an affordable rent for lower income or very low income as defined in Health and Safety Code section 50053(b), and shall only be rented to either lower income households, as defined in California Health and Safety Code section 50105, or very low income households, as defined in Health and Safety Code section 50079.5, for a minimum of thirty (30) years. Prior to the issuance of a building permit for any unit at the property or mixed-use project, the owner of the property shall execute and record on the property a deed restriction, in a form approved by the director and the city attorney, establishing legal restrictions consistent with this section.

c.

The affordable unit(s) shall be comparable, both in size and quantity of bedrooms and bathrooms, to the largest market rate unit(s).

d.

For proposed projects that meet the eligibility requirements set forth in this subsection, the director of community development shall___ministerially grant the incentives or concessions as part of the site plan review process.

(Ord. No. 692, § 1, 10-2-06; Ord. No. 733, § 2(pt. 2), 9-7-10; Ord. No. 747, § 2(pt. 1), 7-18-11; Ord. No. 839, § 10, 9-6-22; Ord. No. 856, § 4(B), 9-19-23)

Sec. 11-1.58.07. - Performance standards for mixed-use projects.

The following performance standards shall apply to mixed-use developments.

(a)

Outdoor lighting. Outdoor lighting shall be shielded in a manner that prevents a direct line between its luminary and any residentially zoned, planned, or developed parcel. Within fifty (50) feet of a residential zoning district or within fifty (50) feet of the lot line of a lot containing a residential use, lighting shall be installed no higher than twenty (20) feet above the ground directly below the light fixture.

Outdoor lighting shall not exceed the following levels:

1.

One-half (0.50) foot-candle at the property line if the subject property abuts a residential zoning district or a lot containing a residential use.

2.

Two (2.00) foot candles at the property line if the subject property abuts a nonresidential zoning district or lot containing only nonresidential uses.

(b)

Odor. The odors released from any operation or activity shall not exceed detectable concentration beyond lot lines, measured at any location on the lot lines. Commercial uses with attached residential units shall provide state-of the-art ventilation systems to prevent odors from penetrating residential units.

(c)

Vibration. No use, activity, or process shall produce vibrations that are perceptible without instruments at the property line for more than three (3) minutes in any one (1) hour of the day between the hours of 7:00 a.m. and 10:00 p.m. No use, activity or process shall produce vibrations for more than thirty (30) seconds in any one (1) hour between the hours of 10:00 p.m. and 7:00 a.m.

(d)

Parking in proximity. All required parking shall be provided on site and in conformance with the city's offstreet parking ordinance. Off-site parking shall be allowed pursuant to the approval of a minor conditional use permit.

(e)

Hours of operation. The hours of operation for any commercial component of a mixed-use project may be between the hours of 7:00 a.m. and 10:00 p.m. For live-work units, the hours of operation may be between 7:00 a.m. and 9:00 p.m. This standard shall also include other activities directly related to the operation of the commercial/live-work unit including but not limited to pick-up and/or deliveries. The planning commission may approve alternate hours of operation under a conditional use permit.

(f)

Outdoor work. All work shall be performed entirely indoors unless approved through a conditional use permit. Any outdoor work allowed through a conditional use permit shall be in an area specifically provided for such use. No outdoor work shall be performed in designated parking areas or open space areas. In addition, such approved areas for outdoor work shall not be counted as open space.

(g)

Flammable, explosive, and combustible materials. The use or storage of such materials shall conform with the adopted uniform fire prevention code, adopted California Building Code, and any other adopted ordinances or regulations of the city.

(h)

Noise. all mixed-use developments shall comply with the city-adopted standards for noise. Where a mix of uses is provided, the strictest noise standard for the provided use shall apply.

(Ord. No. 692, § 1, 10-2-06; Ord. No. 839, § 11, 9-6-22)

Sec. 11-1.58.08. - Standards for live-work units.

Live-work/work-live units. Live-work/work-live units include, but are not limited to, photographers and photographic studios, artists and art studios, craftsperson and workshops (not involving the use of power tools or other tools that would create noise standards inconsistent with the city's noise ordinance in residential zones), professional-technical service trades and researchers (architects, engineers, accountants/bookkeepers, appraisers) are allowed in mixed-use developments in conjunction with a city business license. Other similar compatible uses may be approved by the community development director.

(a)

Live-work/work-live spaces in new and existing buildings shall be subject to the following standards:

(1)

Any building that contains a live-work/work-live occupancy shall comply with the standards of the latest adopted edition of the California Building Code, including standards for habitability.

(2)

Any live-work/work-live unit shall comply with all performance standards outlined in section 11-58.06.

(3)

All live-work/work-live occupancies shall comply with the California Energy Code for residential buildings.

(4)

Except with respect to those requirements, standards, and provisions specifically imposed in title 12 and the California Building Code, construction materials and methods of construction shall be governed by and in accordance with the California Building Code. In the event there is a conflict between any requirement, standard, or provision between this chapter and any other requirement, standard, or provision of state law, the more restrictive shall apply.

(5)

A city-approved business license and home occupation permit does not constitute a live-work/work-live unit. Work-live/live-work units are subject to approval pursuant to this chapter.

(Ord. No. 692, § 1, 10-2-06)