Part 6 — GENERAL STANDARDS OF DEVELOPMENT

Article 60. - Development Standards

Sec. 11-1.60.01. - Intent and purpose.

The specific and detailed development standards included in this chapter are supplementary provisions intended to provide clarification and amplification of the provisions and standards governing development in each zone.

Sec. 11-1.60.02. - Conformity to development standards.

The development standards contained in this chapter shall govern all the uses, buildings and structures in every zone; and except as otherwise provided in this chapter, no building, structure or use may hereafter be constructed, established, altered, enlarged, moved onto, operated, occupied or maintained on a lot or parcel of land unless such building, structure or use conforms to the standards of development for the zone in which it is located.

Sec. 11-1.60.03. - Maintenance of required facilities.

All physical facilities required in this chapter, such as buildings and structures, paving, fences, walls and landscaping, shall be kept and maintained in a neat, clean, orderly, operable and usable condition.

Sec. 11-1.60.04. - Nuisances.

(1)

Noise or Sound: Any existing or proposed use, or portions thereof, generating sounds that constitute a nuisance or hazard on any adjacent property due to the intermittence, beat frequency or shrillness of the sounds shall have the source of the noise or sound muffled or controlled in such manner as will prevent the issuance, continuance or recurrence of the disturbance. Construction work shall be exempt from this requirement during the period of construction while a valid building permit is in force, but shall be subject to the noise ordinance of the city's municipal code.

(2)

Neither the provisions of this chapter nor the granting of any permit provided for in this chapter authorizes or legalizes the maintenance of any public or private nuisance.

(Ord. No. 498, § 2, 7-20-92)

Sec. 11-1.60.05. - Equal terms.

The City intends to regulate on equal terms all similar land uses that generate the same potential impacts. The development standards in this Chapter shall be interpreted and applied in a manner consistent with this intent.

(Ord. No. 748, § 2(pt. 18), 1-17-12)

Article 61. - Solid Waste and Recyclable Materials Collection and Loading Areas

Sec. 11-1.61.01. - Intent and purposes.

Cities and counties must divert fifty (50) percent of all solid waste by January 1, 2000, through source reduction, recycling, and composting activities.

Diverting fifty (50) percent of all solid waste requires the participation of the residential, commercial, industrial, and public sectors.

The lack of adequate areas for collecting and loading recyclable materials that are compatible with surrounding land uses is a significant impediment to diverting solid waste and constitutes an urgent need for state and local agencies to address access to solid waste for source reduction, recycling, and composting activities. This ordinance has been developed to meet that need. Solid waste materials storage areas are related to the recyclable materials and, therefore, the requirements for solid waste storage are incorporated in this Article.

(Ord. No. 527, § 3, 11-21-94)

Sec. 11-1.61.02. - Applicability.

This Article shall be applicable to all projects meeting the following conditions:

(1)

Any new project for which a building permit is required for a commercial, industrial, or institutional building, or residential building having five (5) or more living units, where solid waste is collected and loaded and any residential project where solid waste is collected and loaded in a location serving five (5) or more living units.

(2)

Any new public facility where solid waste is collected and loaded and any improvements for areas of a public facility used for collecting and loading solid waste.

(3)

Subdivisions or tracts of single-family detached homes if, within such subdivisions or tracts there is an area where solid waste is collected and loaded in a location which serves five (5) or more living units. In such instances, recycling areas as specified in this ordinance are only required to serve the needs of the living units which utilize the solid waste collection and loading area.

(4)

For existing developments, recycling and solid waste storage areas shall be provided when one (1) or more of the following occurs:

(a)

The existing waste collection area is being modified.

(b)

Modifications to the development add thirty (30) percent or more to the existing floor area and are conducted within a twelve-month period. This provision shall not apply to single family detached homes.

(c)

Recyclable materials shall not be stored outside of an enclosure.

(Ord. No. 527, § 3, 11-21-94)

Sec. 11-1.61.03. - Solid waste and recyclable materials storage areas for residential uses.

(1)

For multiple family developments containing less than five (5) units, solid waste and recyclable materials storage area shall be required. Location and size of said area shall be reviewed and approved by the planning director and/or the planning commission.

(2)

For multiple family developments containing five (5) or more units, solid waste storage area shall be provided pursuant to the guidelines developed by the Los Angeles County Building and Safety Department. The area for storing and loading recyclable material plus the area for solid waste storage shall be one hundred fifty (150) percent of the area required for solid waste storage only.

(a)

Solid waste and recyclable materials storage areas shall be screened by a six-foot-high solid masonry wall on all sides except on the side of the opening, which shall have a six-foot-high opaque gate kept in good repair. Such storage facility shall be located as not to interfere with or obstruct the visibility of pedestrian and vehicular traffic. To the extent possible, the recycling receptacles and the solid waste receptacles shall be located in the same enclosure.

(b)

A sign clearly identifying all recycling and solid waste collection and loading areas, including the materials accepted shall be posted in or adjacent to the recycling and/or solid waste collection area.

(c)

Location, type and placement of receptacles and enclosure shall be subject to approval by the planning director. However, they may not be located in the required parking area or the required front, side or rear setback, except as otherwise provided herein:

(i)

Existing enclosures located in any minimum required setback areas may be enlarged in order to comply with the recycling requirements. The proposed addition shall not exceed thirty (30) square feet for developments of up to twelve (12) units, and fifty (50) square feet for developments of over twelve (12) units.

(ii)

In order for existing developments to meet the recycling and waste storage area requirements, the development may use one (1) unenclosed parking space, subject to review and approval by the planning director and provided that there remains at least four (4) other unenclosed spaces for the development. Such converted space shall be adequately marked for storage of recycling and solid waste materials.

(iii)

A variance from the above requirements may be applied for subject to Article 70 of Lomita Zoning Ordinance.

(3)

Developers and property owners of all residential developments, regardless of the number of dwelling units, are encouraged to include recycling areas or systems within residences. Recommended internal storage space for individual living units for recyclable materials is three (3) cubic feet.

(4)

Occupants of single family homes shall handle recyclables and trash as provided in Title V, Chapter 3 (Integrated Waste Management) of the Lomita Municipal Code unless the subdivider provides a waste storage area for five (5) or more units. Trash, recyclables and their containers shall not be stored in the front yard setback area or in the public right-of-way except as permitted in Title V, Chapter 3.

(Ord. No. 527, § 3, 11-21-94; Ord. No. 733, § 2(pt. 2), 9-7-10)

Sec. 11-1.61.04. - Solid waste and recyclable materials storage area for commercial, institutional, industrial and other non-residential uses.

(1)

For commercial and other non-residential developments, solid waste storage area shall be provided pursuant to the guidelines developed by the Los Angeles County Building and Safety Department. The area for storing and loading recyclable materials plus the area for solid waste storage shall be one hundred fifty (150) percent of the area required for solid waste storage only.

(2)

Solid waste and recyclable materials storage areas shall be screened by a six-foot-high solid masonry wall on all sides except on the side of the opening which shall have a six-foot-high opaque gate kept in good repair. Such storage facility shall be located so as not to interfere with or obstruct the visibility of pedestrians and vehicular traffic. To the extent possible, the recycling receptacles and the solid waste receptacles shall be located in the same enclosure.

(3)

A sign clearly identifying all recycling and solid waste collection and loading areas, including the materials accepted, shall be posted in or adjacent to the recycling and/or solid waste collection area.

(4)

Location, type and placement of receptacles and enclosures shall be subject to approval by the planning director. However, they may not be located in a required parking space, required setback or landscaped areas, except as otherwise provided herein:

(a)

Existing enclosures located in any required setback or landscaped areas may be enlarged in order to comply with the recycling requirements. The proposed addition shall not exceed fifty (50) square feet. If additional storage area is needed, such area shall be developed elsewhere on the lot, subject to approval by the planning director and/or planning commission.

(b)

In order for existing developments to meet the recycling and waste storage area requirements, the existing development may use one (1) parking space, subject to review and approval by the planning director and provided that there remains at least seven (7) required parking spaces for the development. Such converted space shall be adequately marked for recycling and storage of waste.

(5)

Developers and property owners of all non-residential developments are encouraged to include recycling areas or systems for each tenant. Recommended internal storage space for recyclable materials is three (3) cubic feet for an office use; one (1) cubic yard per five thousand (5,000) square feet for a restaurant and one (1) cubic yard per eight thousand (8,000) square feet of retail area. Internal storage space in lieu of outside recyclable storage areas may be approved by the planning director.

(6)

A variance from the above requirements may be applied for subject to Article 70 of the Lomita Zoning Ordinance.

(Ord. No. 527, § 3, 11-21-94; Ord. No. 733, § 2(pt. 2), 9-7-10)

Article 63. - Reserved[[22]]

Footnotes:

--- ( 22 ) ---

Editor's note— Ord. No. 724, § 2(pt. 3), adopted May 18, 2009, repealed art. 63, which pertained to yards and derived from Ord. No. 298, § 2, adopted May 7, 1979; Ord. No. 411, § 3, adopted Dec. 15, 1986; Ord. No. 423, §§ I, II, adopted Dec. 7, 1987; Ord. No. 498, s; 2, adopted July 20, 1992; Ord. No. 569, § 5, adopted Nov. 18, 1986; and Ord. No. 672, pt. 1, adopted Dec. 6, 2004.

Article 64. - Adult Use Zoning Regulations

Sec. 11-1.64.01. - Findings pursuant to Government Code section 65850(g).

The city council finds that this Article, in addition to the general police power authority of cities to enact measures to promote the health, safety, peace, and welfare of its residents, is adopted in accordance with Government Code section 65850(g). The city council finds that the authority to adopt this Article pursuant to Government Code section 65850(g) is independent of the city's police powers to regulate adult-oriented businesses and that the city council would have adopted this Article, and each section, paragraph, subsection, sentence, or phrase or part thereof, irrespective of any express authority provided by Government Code section 65850(g).

(Ord. No. 576, § 8, 2-18-97)

Sec. 11-1.64.02. - Findings.

It is the purpose and intent of this Article to provide for the reasonable and uniform regulation of adultoriented businesses in the city. It is recognized that adult-oriented businesses have a serious deleterious effect upon adjacent areas, as well as the areas in which they are located. It is therefor the purpose of this Article to establish criteria and standards for the establishment and conduct of adult-oriented businesses which will protect the public health, safety, and welfare, preserve locally recognized values of community appearance, minimize the potential for nuisances related to the operation of adult-oriented businesses, and maintain local property values.

It is the purpose and intent of this Article to establish proper regulations and to provide for a reasonable number of appropriately located sites for adult-oriented businesses within the city, based upon the following findings:

(1)

The following studies that substantiate the adverse, secondary effects of adult-oriented businesses were reviewed by the City of Lomita:

Austin, Texas: 1986

Indianapolis, Indiana: 1984

Los Angeles, California: 1977

Phoenix, Arizona: 1979

St. Paul, Minnesota: 1989

Garden Grove, California: 1991

Upland, California: 1992

Santa Maria, California: 1993

(2)

Based on the foregoing studies and the other evidence presented, the city council of the City of Lomita finds that:

a.

Adult-oriented businesses are linked to increases in the crime rates of those areas in which they are located and that surround them; and,

b.

Both the proximity of adult-oriented businesses to sensitive land uses and the concentration of adultoriented businesses tend to result in the blighting and downgrading of the areas in which they are located.

(3)

The studies conducted in various communities in other jurisdictions have demonstrated that the proximity and concentration of adult-oriented businesses adjacent to residential zones, schools, parks and recreational uses, religious uses, etc., or other adult-oriented businesses can cause other businesses and residents to move elsewhere.

(4)

The studies conducted in various communities in other jurisdictions have demonstrated that adult-oriented businesses are linked to increases in the crime rates and blighting of those areas in which they are located and that surround them.

(5)

The special regulation of adult-oriented businesses is necessary to ensure that their adverse secondary effects will not contribute to an increase in the crime rates or the blighting or downgrading of the areas in which they are located or surrounding areas. The need for the special regulation is based on the recognition that adult-oriented businesses have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in proximity with sensitive uses

such as residential zones, schools, parks and recreational uses, religious uses, etc., thereby having a deleterious effect upon the adjacent areas.

(6)

It is the purpose and intent of these special regulations to prevent the concentration or location of adultoriented businesses in a manner that would create such adverse secondary effects. Thus, in order to protect and preserve the public health, safety, and welfare of the citizenry, especially including minors, the special regulation of the time, place, and manner of the location and operation of adult-oriented businesses is necessary.

(7)

The protection and preservation of the public health, safety, and welfare require that certain distances be maintained between adult-oriented businesses and residential zones, schools, parks and recreational uses, religious uses, etc., and other adult-oriented businesses.

(8)

The need to regulate the proximity of adult-oriented businesses to sensitive land uses such as residential zones, schools, parks and recreational uses, religious uses, etc., and other adult-oriented businesses is documented in studies conducted by other jurisdictions as listed elsewhere in this section.

(9)

The report of the State of Minnesota Attorney General's Working Group on the regulation of Sexually Oriented Businesses dated June 6, 1986, indicates that:

a.

Community impacts of sexually oriented businesses are primarily a function of two (2) variables, proximity to residential areas and concentration. Property values are directly affected within a small radius, typically one block, of the location of a sexually-oriented business. Concentration may compound depression of property values and may lead to an increase of crime sufficient to change the quality of life and perceived desirability of property in a neighborhood; and,

b.

The impacts of sexually-oriented businesses are exacerbated when they are located near each other. When sexually oriented businesses have multiple uses (i.e. theater, bookstore, nude dancing, peep booths), one building can have the impact of several separate businesses.

(10)

In consideration of the findings of the report of the State of Minnesota Attorney General's Working Group on the Regulation of Sexually-Oriented Businesses dated June 6, 1986, it is appropriate to prohibit the concentration of multiple adult-oriented businesses within one building in order to mitigate the compounded adverse secondary effects associated with such concentrations as described above.

(11)

The provisions of this Article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually-oriented materials, that are protected by the First Amendment of the United States Constitution and the relevant provisions of the California State Constitution.

(12)

The proposed parking standards are necessary in the interests of the public health, safety, and welfare to provide for an appropriate amount of off-street parking.

(Ord. No. 576, § 8, 2-18-97)

Sec. 11-1.64.03. - Definitions—Adult-oriented business.

An adult-oriented business' is any business where employees, independent contractors, or patrons expose specified anatomical areas' or engage in specified sexual activities,' or any business which offers to its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing, or relating to specified sexual activities' or `specified anatomical areas.'

Adult-oriented businesses do not include bona fide medical establishments operated by properly licensed and registered medical personnel with appropriate medical credentials for the treatment of patients. Adultoriented businesses also do not include athletic or exercise facilities where specified anatomical areas' may be exposed within a single-sex locker room or similar facility used for changing clothing where such exposure is primarily done in conjunction with changing or showering either prior to or after use of the athletic or exercise facilities. An adult-oriented business also does not include a bona fide theater,' as defined herein.

Adult-oriented businesses do not include those uses or activities, the regulation of which is preempted by state law. Adult-oriented businesses shall also include any business establishment or concern which, as a regular and substantial course of conduct provides or allows performers, models, actors, actresses, employees, or independent contractors to appear in any place in attire which does not opaquely cover `specified anatomical areas.'

In determining whether a use is an adult-oriented business, only conduct or activities which constitute a regular and substantial course of conduct shall be considered. Substantial' conduct includes any use which has a significant portion of its floor area, stock-in-trade, entertainment/performance, or revenue derived from material characterized by an emphasis on matters depicting, exposing, describing, discussing, or relating to specified sexual activities' or `specified anatomical areas." Isolated instances of conduct or activities described in this section as characterizing an adult-oriented business shall not be considered except where such activities, taken together, constitute a regular and substantial course of conduct.

Adult-oriented businesses include, but are not limited to, the following:

(1)

Adult arcade. An adult arcade' shall mean any place to which the public is permitted or invited wherein coin-operated or slug-operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projections, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities' or `specified anatomical areas.'

(2)

Adult bookstore. `Adult bookstore' is an establishment which has, as a substantial portion of its stock-intrade, a majority of its floor area, or a majority of its revenue derived from and offering for sale for any form of consideration, any one (1) or more of the following:

a.

Books, magazines, periodicals, or other printed matter, photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by an emphasis upon the depiction or description of specified anatomical areas' or specified sexual activities;'

b.

Instruments, devices, or paraphernalia which are designed for use in connection with `specified sexual activities;' or,

c.

Goods which are replicas of, or which simulate, specified anatomical areas,' or goods which are designed to be placed on or in specified anatomical areas,' or to be used in conjunction with `specified sexual activities' to cause sexual excitement.

(3)

Adult cabaret. An adult cabaret' is a bar, nightclub, lounge, restaurant, juice bar, or similar establishment or concern which features as a regular and substantial course of conduct any type of live entertainment, films, motion pictures, videos, slides, other photographic reproductions, or other oral, written, or visual representations which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities' or specified anatomical areas,' including dancers, strippers, or similar entertainers who expose specified anatomical areas' of their bodies or simulate or engage in `specified sexual activities.'

(4)

Adult motel. An `adult motel' means a hotel, motel, or similar commercial establishment which:

a.

Offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions or other medium, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized or distinguished by the depiction or description of

specified sexual activities' or specified anatomical areas' and has a sign visible from the public right-ofway which advertises the availability of this adult type of photographic reproductions; or,

b.

Offers or advertises a sleeping room for rent for a period of time that is less than ten (10) hours in a twentyfour-hour period; or,

c.

Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours in a twenty-four-hour period.

(5)

Adult motion picture theater. An adult motion picture theater' shall mean a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depictions or description of specified sexual activities' or `specified anatomical areas.'

(6)

Adult tanning salon. An adult tanning salon' or parlor' shall mean a business establishment where patrons receive tanning services in groups of two (2) or more and where patrons, employees, or independent contractors thereof of the establishment expose specified anatomical areas. Adult tanning salon' or parlor' shall also include a business establishment where a patron and an employee or independent contractor thereof of the establishment are nude or expose specified anatomical areas.' An adult tanning salon' or parlor' shall also include a business establishment where the employees or independent contractors thereof are nude or expose specified anatomical areas.'

(7)

Adult theater. An adult theater' is any place, building, enclosure, theater, concert hall, auditorium, or structure, partially or entirely used for live performances or presentations, which place, building, enclosure, theater, concert hall, auditorium, or structure is used for presenting matter characterized by an emphasis on depicting, exposing, describing, or relating to specified sexual activities' or specified anatomical areas' for observation by patrons thereon. Such place shall also include an adult theater wherein persons are regularly featured appearing in a state of nudity or giving live performances which are characterized by the exposure of specified sexual activities' or by specified anatomical areas.' An adult theater' shall not mean a bona fide `theater.'

(8)

Reserved.

(9)

Nude model studio. A nude model studio' means any place where a person who appears in a state of nudity or displays specified anatomical areas' is provided to be conversed with or be observed, sketched,

drawn, painted, sculptured, photographed, or similarly depicted by other persons, for any form of consideration. Nude model studio shall not include any classroom of any school licensed under state law to provide art education, while such classroom is being used in a manner consistent with such state license.

(10)

Sex supermarket/sex mini-mall. A `sex supermarket/sex mini-mall' shall mean the establishment or operation of more than one type of adult-oriented business or use as defined in this title within the same building.

(11)

Sexual encounter center. `Sexual encounter center' means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

a.

Physical contact in the form of wrestling or tumbling between persons of the same or opposite sex when either or both of them are nude, semi-nude, or displaying or exposing `specified anatomical areas'; or,

b.

Activities between male and female persons and/or persons of the same sex when one (1) or more of the persons is in a state of nudity or is semi-nude.

(12)

Sexual novelty store. A sexual novelty store' is an establishment having, as a substantial portion of its stock-in-trade, a majority of its floor area, or a majority of its revenue derived from goods which are replicas of, or which simulate, specified anatomical areas,' or specified sexual activities,' or goods which are designed to be placed on or in specified anatomical areas,' or to be used in conjunction with `specified sexual activities,' to cause sexual excitement, including, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas.

(13)

Sexually-oriented business. A sexually-oriented business' is any business, where employees or independent contractors or patrons expose specified anatomical areas' or engage in or simulate specified sexual activities,' or any business which offers to its patrons services or entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing, or relating to specified sexual activities' or `specified anatomical areas.'

(14)

Theater. A theater' shall mean a theater, concert hall, or similar establishment that is primarily devoted to the production of artistic dance, literary, dramatic, or comedic performances on stage. If any such performance depicts, exposes, describes, or relates to specified sexual activities' or `specified anatomical areas,' the theater shall be an adult-oriented business unless one or more of the following is true:

a.

In every single regular performance, any emphasis on matters depicting, exposing, describing, or relating to specified sexual activities' or specified anatomical areas' is on an occasional or incidental basis; or,

b.

The performance is primarily devoted to a verbal presentation and the spoken emphasis on matters depicting, describing, or relating to specified sexual activities' or specified anatomical areas' is not a significant portion of the entire verbal display; or,

c.

The performance is primarily devoted to a visual presentation and the emphasis on matters depicting, exposing, describing, or relating to specified sexual activities' or specified anatomical areas' is not intended to appeal to prurient or sexual interests.

(Ord. No. 576, § 8, 2-18-97)

Sec. 11-1.64.04. - Definitions.

In addition to the terms defined in sections 11-1.64.03 and 11-1.64.05, the following words and phrases shall have the meaning set forth below:

(1)

Appeal. Wherever reference to an appeal' is being filed or available to be filed, such right of appeal shall also include the right to appeal administrative determinations made by the city manager/designee pursuant to this Article to the planning commission and city council. Wherever the term appeal' is used hereunder — including any time limit to act on an appeal, such term shall also mean a complete appeal being filed which includes all identified information and payment of any appeal fee.

(2)

Couch dance or couch dancing. The term couch dance' or couch dancing' shall also include chair dancing' and table dancing' and shall mean an employee or independent contractor of an adult-oriented business intentionally touching any patron while engaged in the display or exposure of any specified anatomical area' or while simulating any specified sexual activity.' A couch dance' shall also include an employee or an independent contractor of an adult-oriented business performing off-stage and within six (6) feet of any patron while engaged in the display or exposure of any specified anatomical area' or while simulating any `specified sexual activity.'

(3)

Straddle dance or straddle dancing. The term straddle dance' or straddle dancing' shall have the same meaning as couch dance' or couch dancing' as defined in subsection (2) above.

(4)

Establishment. An `establishment' means and includes any of the following:

a.

The opening or commencement of any adult-oriented business as a new business;

b.

The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business;

c.

The addition of any adult-oriented business to any other existing adult-oriented business; or to another existing non-adult-oriented business, with or without expansion of floor area;

d.

The relocation of any adult-oriented business; or,

e.

The expansion or enlargement of the premises by ten (10) percent or more of the existing floor area.

(5)

Nudity or a state of nudity. Nudity' or a state of nudity' means the appearance of a human bare buttock, anus, male genitals, female genitals, or female breast.

(6)

Private viewing area. `Private viewing area' means an area or areas in an adult-oriented business designed to accommodate no more than five (5) or less patrons or customers for purposes of viewing or watching a performance, picture, show, film, videotape, slide, movie, or other presentation. No private viewing areas shall be established, maintained, or authorized, and there shall be no doors, curtains, stalls, or other enclosures creating a private viewing area.

(7)

School. `School' means any public or private educational institution which is run by the state or a subdivision thereof or which is licensed by the State of California to offer day care, nursery care, preschool, elementary, or secondary academic instruction — including day care, nursery, kindergartens, elementary schools, middle or junior high schools, and high schools.

(8)

Semi-nude. `Semi-nude' means a state of dress in which clothing, including supporting straps or devices, covers no more than the genitals, pubic region, and areolae of the female breast.

(9)

Sensitive use. Sensitive use' means any county or city zone or land use district — including those within planned communities — which contain the words residence,' residential,' or rural living,' within its title;

any church, chapel, religious institution, or similar place of worship; any cemetery, or similar facility; any school, nursery, or day care center; or any park, playground, or property zoned, planned, or otherwise designated for such use by city or county action or by city or county acceptance of dedications for such use.

(10)

Specified criminal act. A specified criminal act' shall also mean specified criminal acts' and include sexual crimes against children; sexual abuse; rape; or crimes connected with another adult-oriented business including, but not limited to, the distribution of obscenity; violations involving the distribution, display, or sale of material harmful to minors; prostitution; or pandering. `Specified criminal acts' shall exclude those acts which are authorized or required to be kept confidential pursuant to Welfare and Institutions Code §§ 600 through 900.

(Ord. No. 576, § 8, 2-18-97; Ord. No. 699, § 1, 4-2-07)

Sec. 11-1.64.05. - Definitions—Specified anatomical areas and specified sexual activities.

The following words and phrases when used in this Article shall have the meaning set forth below:

(1)

Specified anatomical areas. `Specified anatomical areas' shall include any of the following human anatomical areas:

a.

Less than completely and opaquely covered genitals, pubic regions, buttocks, anuses, or female breasts below a point immediately above the top of the areolae; or,

b.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(b)

Specified sexual activities. `Specified sexual activities' include all of the following:

a.

The fondling or other erotic touching of the following human anatomical areas: genitals, pubic regions, buttocks, anuses, or female breasts;

b.

Human sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

c.

Human masturbation, actual or simulated;

d.

The actual or simulated infliction of pain by one human upon another; or by an individual upon himself or herself, for the purpose of the sexual gratification or release of either individual, as a result of flagellation, beating, striking, or touching of an erogenous zone, including without limitation, the thigh, genitals, buttock, pubic region, or, if such person is a female, a breast;

e.

Sexual intercourse, actual or simulated, between a human being and an animal; or,

f.

Excretory functions as part of or in connection with any of the activities set forth in (a) through (e), above.

(Ord. No. 576, § 8, 2-18-97)

Sec. 11-1.64.06. - Adult use planning permit—Adult-oriented business—Application.

In order to operate an adult-oriented business within this city, the applicant or proprietor of the business must obtain the license required by Chapter 4, Title 6, Article 2 and any other license required by chapter 6 of this Code and an adult use planning permit as required herein. It shall be unlawful and a misdemeanor, subject to punishment in accordance with section 1-2.01 et seq. of this Code, for an owner, operator, manager, employee, or independent contractor to operate an adult-oriented business without possessing an adult use planning permit required by this Article and any license required by chapter 6 of this Code. In order for the application to be deemed or determined complete, the applicant shall pay the filing fee as set by resolution of the city council for an adult use planning permit. All applicants for such permit, in addition to any application or documents required to be filed pursuant to the provisions of this title, shall file a written, signed, and verified application on a form provided by the planning director evidencing the following:

(1)

The name and permanent address of the applicant.

(2)

The name and business address of the applicant. If the applicant is a corporation, the applicant shall provide the name and the State of Incorporation. The corporate name shall be exactly as set forth in its Articles of Incorporation and the applicant shall show the name and address of each of the officers, directors, and controlling stockholders owning no less than ten (10) percent of the stock of the corporation. If the applicant is a partnership, the application shall show the name and address of each of the partners, including limited partners.

(3)

Location and address of the proposed adult-oriented business.

(4)

Legal description of the subject property.

(5)

A detailed description of the manner of providing proposed entertainment, including type of entertainment and the number of persons engaged in the entertainment.

(6)

Proposed hours of operation.

(7)

A floor plan showing where the specific entertainment uses are proposed to be conducted within the building, with sufficient detail to demonstrate compliance with the requirements of this Article and Title 6, Chapter 4, Article 2 hereof.

(8)

A site plan.

(9)

The name or names of the person or persons having responsibility for the management or supervision of the applicant's business and of any entertainment.

(10)

Statement of the nature and character of the applicant's business if any, to be carried on in conjunction with such entertainment.

(11)

If the applicant is other than the legal owner of the property, evidence that the applicant has either the consent of the legal owner or the right to submit an application.

(12)

Two (2) sets of mailing labels containing the names and mailing addresses of all owners of real property as shown on the latest equalized assessment roll within three-hundred (300) feet of the applicant's proposed business.

Notwithstanding the fact that an application filed hereunder may be a `public record' under Government Code Section 6250 et seq., certain portions of such application contain information vital to the effective administration and enforcement of the licensing and/or permit scheme established herein which is personal, private, confidential, or the disclosure of which could expose the applicant to a risk of harm. Such information includes, but is not limited to, the applicant's residence address and telephone number, the applicant's date of birth and/or, age, the applicant's driver's license and/or social security number, and/or personal financial data. The city council in adopting the application and licensing and/or permit system set forth herein has determined in accordance with Government Code Section 6255 that the public interest in

disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this Article by ensuring that the applicant's privacy, confidentiality, or security interests are protected. The city clerk shall cause to be obliterated from any copy of a completed license application made available to any member of the public, the information set forth above.

(Ord. No. 576, § 8, 2-18-97)

Sec. 11-1.64.07. - Timeline for land use review and decisions concerning adult use planning permit.

(a)

The planning commission shall approve or disapprove the completed adult use planning permit application within forty-five (45) days of its acceptance as complete by the planning director, unless extended upon the written consent of the planning director and the applicant. This forty-five day review period shall be used by the city staff, planning commission, and governmental agencies to complete the following necessary steps in the approval process:

(1)

Within two (2) working days of receipt of the completed application, the planning director shall determine whether the proposed use is subject to an exemption from the California Environmental Quality Act, (`CEQA Exemption Review'); and,

(2)

Within the balance of the processing period, the planning director shall prepare an initial study and draft negative declaration, if appropriate, pursuant to the California Environmental Quality Act; and,

(3)

Prepare public notice of the consideration of the negative declaration and the notice of public hearing on the permit application; and,

(4)

Submit applicant fingerprints using the priority processing procedure[[23]] to the state department of justice for criminal history background check so that results may be obtained prior to the public hearing on the proposed permit application; and,

(5)

Within thirty (30) days of the city's receipt of the completed application: the following agencies and departments shall have completed their inspections and reviews of the proposed use and information contained in the application:

a.

County health department;

b.

Local fire authority;

c.

Planning department for zoning compliance;

d.

City building and safety staff; and,

e.

The designated head of the law enforcement entity providing police services to the city for criminal history purposes and site security issues for the individuals involved.

In the event that any of the aforesaid agencies or departments does not complete its inspection and/or review within thirty (30) days of receipt of the completed application by the city, that agency or department shall be deemed to have waived that agency's or department's right to inspect or review the proposed use and approval and that agency's or department's approval shall not be necessary to grant the applicant an adult use planning permit.

(6)

Within forty-five (45) days of receipt of the completed application by the city, the planning commission shall conduct a noticed hearing on the application for an adult use planning permit and shall approve the application if the application meets the requirements of sections 11-1.64.09, 11-1.64.15 and 11-1.64.16 hereof and shall deny the application if any of the findings set forth in sections 11-1.64.09, 11-1.64.15 and 11-1.64.16 hereof cannot be made. The planning commission shall issue its decision within seven (7) days of opening the public hearing. However, in no event shall the planning commission fail to approve or deny the application within fifty-two (52) days of receipt of the completed application, unless consent to a later deadline is given in writing by the applicant to the planning director. If the planning commission fails to approve or deny the application within fifty-two (52) days, or the extension thereof, of the receipt of the completed application, the application shall be deemed approved by the planning commission entitling the applicant to engage in the proposed use, subject to the remaining provisions of this Article (including the filing of an appeal by an interested party under section 11-1.64.08 hereof) and all other applicable laws and ordinances.

(b)

In the event the information requested for the investigation is not available prior to the granting of the permit, the city or planning commission shall, if the application otherwise meets the requirements of this Code, issue the permit. Should information later obtained materially vary from that contained in the application, such variance shall be cause to revoke the permit. Any permit issued prior to the city receiving the information necessary for investigation shall state clearly on its face that the license is subject to suspension or revocation pursuant to 6-4.22.09 through 6-4.22.11 of this Code.

(Ord. No. 576, § 8, 2-18-97)

Footnotes:

--- ( 23 ) ---

Results guaranteed by the state to be issued within seventeen (17) days of submittal.

(a)

If the application for an adult use planning permit is denied by the planning commission, the applicant shall have fifteen (15) days from the date of receipt of written notification of the denial in which to appeal the decision to the city council. If appealed, notice of the hearing before the city council shall be mailed to the applicant and the property owners within three hundred (300) feet of the proposed business and the hearing shall be held at the earliest possible date authorized by law, but in no event later than thirty-five (35) days from the date of the planning commission's action to approve, or deny the application or from the date the application was deemed approved. The city council shall act on the appeal within forty-five (45) days from the date the application was approved, deemed approved, or denied by the planning commission. Otherwise, the application shall be deemed approved and the applicant shall be entitled to engage in the proposed use subject to the remaining provisions of this Article and all other applicable laws and city ordinances or regulations.

(b)

If the application for an adult use planning permit is approved or deemed approved by the planning commission's action or failure to act, such action or inaction may be appealed by the applicant or any aggrieved party by filing a notice of appeal with the city clerk within fifteen (15) days of the date of the application's approval or deemed approval. Such appeal shall be scheduled and heard in accordance with the time limits of this section.

(Ord. No. 576, § 8, 2-18-97)

Sec. 11-1.64.09. - Planning commission and city council findings requiring application approval.

(a)

The planning commission, or city council on appeal, shall approve the application for an adult use planning permit unless it is unable to make one or more of the following findings:

(1)

That all applicable filing fees have been paid.

(2)

That the applicant is not overdue in payment to the city of any fees, fines, or penalties assessed against or imposed in relation to an existing or former adult-oriented business.

(3)

That the building, structure, equipment, and location used by the business for which an adult use planning permit is required complies with the requirements and standards of the health, building, zoning, fire, and safety laws of the State of California, the local fire authority, and the City of Lomita.

(4)

That the conduct of the adult-oriented business as proposed by the applicant, if permitted, will comply with all applicable laws; including but not limited to, the city's building, zoning, fire, and health and safety regulations.

(5)

Reserved.

(6)

That the use is permitted in the zone, district, or area in which it is proposed to be located and is in conformity with the applicable development standards of that zone, district, or area—including the provision of required parking.

(7)

That the use is in conformity with the locational criteria set forth in sections 11-1.64.15 and 11-1.64.16 of this Code.

(8)

That the design of the site and the proposed improvements are in compliance with all applicable design provisions of section 11-1.64.16 of this Code.

(9)

That the proposed conduct of the adult-oriented business is in compliance with all applicable performance standards of section 11-1.64.16 of this Code.

(10)

That the applicant, his or her employee, agent, partner, director, officer, controlling stockholder, or manager has not knowingly made any false, misleading, or fraudulent statement of material fact in the application for a permit or license, or in any report or record required to be filed with city or county.

(11)

That on the date that the business for which a permit is required herein commences, or thereafter, there shall be a responsible person on the premises to act as manager at all times during which the adultoriented business is open.

(12)

That the applicant is eighteen (18) years of age or older.

(13)

That an applicant has not been convicted of a `specified criminal act' for which:

a.

Less than two (2) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the `specified criminal acts' which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adultoriented business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering.

b.

Less than five (5) yeas have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense; for the `specified criminal acts' which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult-oriented business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering.

c.

Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two (2) or more misdemeanors for the `specified criminal acts' which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adultoriented business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering; conviction of any such offense occurring within twenty-four (24) months prior to application.

d.

The fact that a conviction is being appealed shall have no effect on disqualification of the applicant.

e.

An applicant who has been convicted of any of the above described `specified criminal acts' may qualify to own, operate, or manage an adult-oriented business only when the required time period has elapsed.

(14)

That the proposed use is consistent with the city's general plan.

(b)

In acting on the application for an adult use planning permit, the planning commission or city council on appeal shall not consider information authorized or required to be kept confidential pursuant to Welfare and Institutions Code Sections 600 to 900.

(c)

In the event the planning commission, or the city council on appeal, denies an adult use planning permit application, the business, if operating, shall cease its operations as an adult-oriented business and no further activities regulated by this Article or Title 6, Chapter 4, Article 2 of the Lomita Municipal Code shall be conducted on the premises unless and until an adult use planning permit and a license required by Title 6, Chapter 4, Article 2 of the Lomita Municipal Code is obtained.

(Ord. No. 576, § 8, 2-18-97)

Any adult use planning permit granted or approved hereunder shall be granted or approved with the city and its city council and planning commission retaining and reserving the right and jurisdiction to review and modify the adult use planning permit—including the conditions of approval—based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the business, the change in scope, emphasis, size, or nature of the business, and the expansion, alteration, of change of use. The reservation of the right to review any permit granted or approval hereunder by the city, city council, and planning commission is in addition to, and not in lieu of, the right of the city, city council, and planning commission to review and revoke or modify any permit granted or approved hereunder for any violations of the conditions imposed on such permit.

(Ord. No. 576, § 8, 2-18-97)

All design and performance standards set forth in this Article are deemed to be necessary for the protection of the public health, safety, and welfare and shall be applicable and govern all existing and proposed adultoriented businesses and shall immediately apply to any proposed adult-oriented business upon adoption and passage of this Article.

(1)

In the event that there is an adult-oriented business lawfully in existence prior to the adoption of this Article and is not in compliance with the design and performance standards of this Article, any such adult-oriented business shall conform to all design and performance standards as specified in section 11-1.64.16(d) and (e) within six (6) months of the effective date of this Article.

(Ord. No. 576, § 8, 2-18-97)

Sec. 11-1.64.12. - Extension of nonconforming use amortization period (adult-oriented businesses).

(a)

An application for extension of the amortization period for an adult-oriented business which is a nonconforming use shall be made as provided herein.

(b)

The owner of the property on which an adult-oriented business is located or the owner of the adult-oriented business who desires to extend the amortization period must apply for approval of an extension not later

than six (6) months prior to expiration of the amortization period, unless the planning director determines that good cause is shown for late filing of the application. Such application shall be made in writing on a form as prescribed by the planning director and shall be accompanied by the required fee as established by resolution of the city council. The party requesting the extension of the amortization period shall bear the burden of proof in establishing that the amortization period established by section 11-1.64.11 of the Lomita Municipal Code is unreasonable and that the requested extension is a reasonable amortization period for the owner to receive a fair rate of return on the investment in the business. The party applying for the extension shall furthermore be required in order to meet its burden of proof to submit the documentation set forth in this section.

(c)

Not later than thirty (30) days after submittal of an application to extend the amortization period, the planning director shall notify the applicant, in writing, if the application is not complete. A complete application shall include:

(1)

The applicant's signature;

(2)

A written request for an extension of the amortization period which shall include information relevant to the factors listed in subsection (f) below and shall identify the term of the requested extension;

(3)

The required fees;

(4)

A mailing list and two (2) sets of gummed labels with the names, addresses, and tax assessor parcel numbers of all owners of real property within a radius of three-hundred (300) feet from the external boundaries of the property on which the adult-oriented business is located; and,

(5)

A tax assessor's parcel map identifying the properties to be notified within the three-hundred-foot radius.

If the application is not complete, the planning director shall specify in writing those parts which are incomplete and shall identify the manner by which the application can be made complete. If a written determination is not provided to the applicant within thirty (30) calendar days after it is submitted, the application shall be deemed complete.

(d)

The planning commission shall hold a noticed public hearing on the request for an extension.

(e)

Reserved.

(f)

Criteria and findings. In determining whether to grant an extension of the amortization period for an adultoriented business which is a nonconforming use, and in determining the appropriate length of such an extension, the planning commission shall consider the amount of investment in the business, the opportunities for relocation to a legally permissible site, the costs of relocation, the effects of the business on the surrounding area, and the following additional factors:

(1)

The present actual and depreciated value of business improvements;

(2)

The applicable Internal Revenue Service depreciation schedule or functional non-confidential equivalents;

(3)

The remaining useful life of the business improvements;

(4)

The remaining lease term;

(5)

The ability of the business and/or land owner to change the use to a conforming use; and,

(6)

The date upon which the property owner and/or business operator received notice of the nonconforming status of the adult-oriented business and the amortization requirements.

(g)

The planning commission, or city council on appeal, shall receive and consider evidence presented by the applicant and any other persons, and shall make findings that the amortization period it establishes is reasonable in view of the evidence and the criteria set forth above.

(Ord. No. 576, § 8, 2-18-97)

Sec. 11-1.64.13. - Continuation of nonconforming buildings and uses.

(a)

Any nonconforming building lawfully in existence prior to the adoption of this Article may be continued and maintained, except as provided in this Article, provided there are no structural alterations, except as provided in this Article.

(b)

Any nonconforming use lawfully in existence prior to the adoption of this Article may be continued, except as provided in this Article, provided that the use shall not be increased, enlarged, extended, or altered, except as provided in this Article.

(Ord. No. 576, § 8, 2-18-97)

Sec. 11-1.64.14. - Removal or alterations of nonconforming uses.

The following provisions shall apply to adult-oriented businesses:

(1)

Any adult-oriented business which is a nonconforming use on the date this Article becomes effective, shall be subject to an amortization period of three (3) years, and any adult-oriented business which becomes a nonconforming use after the effective date of this Article shall be subject to an amortization period of three (3) years commencing on the date the use becomes nonconforming.

(2)

The owner of any adult-oriented business which is a nonconforming use may apply for extension of the amortization period, pursuant to section 11-1.64.12 of this Code. Such application shall be made prior to the expiration of the amortization period unless the reviewing authority determines that good cause is shown for late filing of the application.

(3)

Upon the conclusion of the amortization period, any adult-oriented business which is a nonconforming use shall cease all business operations and all signs, advertising, and displays relating to said business shall be removed within thirty (30) days.

(Ord. No. 576, § 8, 2-18-97)

Sec. 11-1.64.15. - General provisions.

Adult-oriented businesses shall only be permitted to be established in the Commercial General (C-G) and Light Manufacturing-Commercial (M-C) zones subject to the location and design standards specified by this Article and the requirement of an adult use planning permit as otherwise provided in this Code.

Notwithstanding the above, nothing in this Article prohibits the location of adult oriented businesses in all C-G and M-C zones, wherein such businesses are located within enclosed buildings, such as buildings with controlled access and/or inner courts, or in frontages not directly viewable from public streets or surrounding sensitive uses as defined in section 11-1.64.16(a). Such businesses are only exempted from the location requirements contained in subsection 11-1.64.16(a) and subsection 11-1.64.16(b).

(Ord. No. 576, § 8, 2-18-97; Ord. No. 581, § 4, 8-18-97)

Sec. 11-1.64.16. - Location, design, and performance standards.

(a)

Locational standards — Sensitive uses. An adult-oriented business shall not be established or located with the following proximity to a sensitive use:

(1)

Within two hundred and fifty (250) feet of any lot upon which there is located any residence whether such use is within or outside the incorporated area of the city; or any property located in a residential or agricultural zone, or equivalent zone in any other jurisdiction; and

(2)

Within two hundred and fifty (250) feet of any church, chapel, religious institution, or similar place of worship whether such use is within or outside the incorporated area of the city; and

(3)

Within three hundred (300) feet of any cemetery, or similar facility;

(4)

Within three hundred (300) feet of any school, nursery, or day care center whether such use is within or outside the incorporated area of the city; and,

(5)

Within three hundred (300) feet of any park, or playground, or property zoned, planned, or otherwise designated for such use by city or county action or by city or county acceptance of dedications for such use.

(b)

Locational standards — Distance between adult-oriented businesses. An adult-oriented business shall not be established or located within six hundred (600) feet of an existing adult-oriented business. If two (2) or more existing adult-oriented businesses are located in closer proximity to each other than six hundred (600) feet, then in determining which of the businesses is or are nonconforming, preference shall be given to the order of the respective lengths of continuous uninterrupted operation of the businesses.

(c)

Locational standards — Measurement of distance. For the purposes of this section, all distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the building, or structure in which the adult-oriented business is or will be located to the nearest property line of any land use, land use district, or zone described in subsection (a) above, or to the nearest point of the building or structure or part thereof if less than the entire structure is occupied by or proposed to be occupied by an adult-oriented business in which an existing adult-oriented business described in subsection (b), above, is located.

(d)

Design standards.

(1)

All building openings, entries, and windows shall be located, covered, or screened to prevent viewing the interior from any exterior area.

(2)

No partitions between subdivisions of a room, portion, or part of a building, structure, or premises — including restrooms — may have an aperture, hole, slit, or other opening or gap which is designed or otherwise constructed to encourage, permit, or allow sexual activity between persons on either side of the partition.

(3)

Each adult-oriented business shall have a business entrance separate from any other non-adult business located in the same building.

(4)

The maximum occupancy load, fire exits, fire lanes, and fire suppression equipment shall be regulated, designed, and provided in accordance with the regulations and standards of the local authority and the city's building department.

(5)

Any adult-oriented business in which live entertainment is performed, whether or not such performers are appropriately licensed as required by this Code, shall have such performances only conducted on a stage or on a platform that is raised eighteen (18) inches and which has a rail which does not allow patrons to be any closer to the performers than six (6) feet. Said rail shall be at least forty-two (42) inches in height and shall be installed around the perimeter of the stage or platform.

(6)

Any adult-oriented business shall be designed such that an administrator's station is provided for the purpose of supervising activities within the business and such that an administrator in the administrator's station can view the entire interior of the business to which the public is allowed access, excepting restrooms.

(7)

Any viewing room or area shall be visible from the administrator's station and such view shall not be obscured or obstructed by any wall, curtain, door, any other structure, or by any display of merchandise.

(8)

No private viewing areas as defined herein shall be permitted or shown on any design for an adult-oriented business.

(e)

Performance standards. The establishment of an adult-oriented business shall comply with the applicable site development standards—including parking—of the zone, district, or area in which the adult-oriented business is located, the building code, fire code, and the health and safety code of the city. In addition, adult-oriented businesses shall comply with the following performance standards:

(1)

At all times, the maintenance and operation of an adult-oriented business shall be in accordance with the design standards set forth in subsection (d) above.

(2)

The building entrance to the adult-oriented business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises.

(3)

A manager shall be on duty on the premises during all times that the adult-oriented business is open to the public.

(4)

Any viewing room shall be visible from the manager's station of the adult-oriented business, and visibility of the entire viewing room from the manager's station shall be neither obscured nor obstructed by any curtain, door, wall, or other structure.

(5)

All exterior areas of adult-oriented businesses, including buildings, landscaping, and parking areas, shall be maintained in a clean and orderly manner free of trash, weeds, and debris.

(6)

No special events, promotions, concerts, or similar activities which are likely to increase the parking demand at the location of the adult-oriented business shall occur unless the permit-holder has obtained a special events permit from the city as would be required by all other types of businesses within the city.

(7)

No adult-oriented business excepting an adult motel, shall operate between the hours of 11:00 p.m. and 10:00 a.m. No owner, operator, manager, employee, or independent contractor of an adult-oriented business, except an adult motel, regardless of whether or not a permit has been issued for said business under the provisions of this Code, shall allow such business to remain open for business, or no owner, operator, manager, or employee of an adult-oriented business shall permit any employee or independent contractor to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of 11:00 p.m. and 10:00 a.m.

(8)

Off-street parking shall be provided for the adult-oriented business on-site and as specified for the zone, district, or area in which the business is located in accordance with the parking provisions of Lomita Municipal Code and as follows:

a.

Adult theater, adult cabaret, adult motion theater, or adult arcade. One parking space shall be provided for every two (2) seats in a viewing room, or one parking space shall be provided for every two (2) occupants per the allowable occupant load as established by the chief building official and/or the fire marshal, whichever standard is greater. In addition, one parking space shall be provided for each employee or independent contractor on the maximum shift.

(9)

Any person who operates or causes to be operated an adult-oriented business, other than an adult motel and regardless of whether or not an adult-oriented business license has been issued to said business under this Code, which exhibits on the premises in a viewing room or viewing area of less than onehundred-fifty (150) square feet of floor space, a film, video cassette, or other video reproduction which depicts specified sexual activities' or specified anatomical areas,' shall comply with the following requirements:

a.

Upon application for an adult-oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, the location of all overhead lighting fixtures, and designating any portion of the premises in which patrons shall not be permitted. A manager's station(s) shall not exceed thirty-two (32) square feet of floor area.

b.

No alteration in the configuration or location of a manager's station shall be made without the prior written approval of the planning director.

c.

It is the duty of the permit holder to ensure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the premises.

d.

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms shall not contain video reproduction equipment. If the premises has two (2) or more manager's stations designed, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection shall be by direct line of sight from the manager's station.

e.

It shall be the duty of the permit holder and any employees or independent contractors present on the premises to insure that the view area specified in subsection (d) above remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times and to insure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons shall not be permitted in the application filed pursuant to this Article.

(10)

An on-site security program shall be prepared and implemented including the following items:

a.

All off-street parking areas and building entries serving the adult-oriented business shall be illuminated during all hours of operation with a lighting system designed to provide an average maintained horizontal illumination of one (1) foot candle of light on the parking surface and/or walkway. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adultoriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and theft. The lighting shall be shown on the required site or plot plan. The required lighting shall remain on for at least thirty (30) minutes after the closing time of the adult-oriented business to promote safety for employees thereof.

b.

All off-street parking areas shall have a security system provided that visually records and retains activities in the parking lot for at least a forty-eight-hour period for the purposes of promoting safety and identifying violators.

c.

All interior portions of the adult-oriented business, except those areas devoted to mini-motion or motion pictures, shall be illuminated during all hours of operation with a lighting system designed to provide a minimum maintained horizontal illumination of not less than two (2) foot candles of light.

d.

For adult-oriented businesses which exceed an occupant load of one-hundred twenty-five (125) persons, the provision of on-site security personnel shall be required during all business hours pursuant to a plan to be reviewed and approved for adequacy by the designated head of the law enforcement entity providing law enforcement services to the city. Security personnel shall be licensed in accordance with the California Business and Professions Code, to the satisfaction of the designated head of the entity providing law enforcement services to the city.

(11)

Adult motion picture theater/adult arcade.

a.

A manager's station shall be located near the main entrance and the station shall be provided with an unobstructed view of all motion picture or arcade viewing areas.

b.

No adult motion picture theater or adult arcade shall be maintained or operated unless the complete interior of the adult motion picture theater or adult arcade is visible upon entrance to such premises. No partially or fully enclosed booths or partially or fully concealed booths shall be maintained.

c.

Maximum number of devices. No person shall operate an adult motion picture theater or adult arcade in which the number of image producing devices exceeds the maximum occupancy load permitted in any room or partitioned portion of a room in which an image producing device is located.

(12)

Adult hotel/motel.

a.

Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented or sub-rented and vacated two (2) or more times in a period of time that is less than ten (10) hours within a twenty-four-hour period on a recurring basis creates a rebuttable presumption that the establishment is an adult hotel/motel as that term is defined in this Article.

b.

A person is in violation of the provisions of this Article if such person rents or sub-rents a sleeping room at a location without an adult-oriented business license and an adult use planning permit to a person or persons and within ten (10) hours thereafter rents or sub-rents the same room to another person(s), or subrents the same room to the prior renter.

(13)

No advertising sign or structure, advertisement, display, or other promotional material depicting specified anatomical areas' or specified sexual activities' or displaying instruments, devices, or paraphernalia designed for use in connection with `specific sexual activities,' shall be shown or exhibited so as to be visible from any exterior area.

(14)

No loudspeaker or sound equipment audible to persons in any public exterior area shall be used in connection with an adult-oriented business, and the business shall be so conducted that sounds associated with the business are not emitted into any public exterior area.

(Ord. No. 576, § 8, 2-18-97; Ord. No. 590, § 1, 5-4-98)

Sec. 11-1.64.17. - Couch dancing/straddle dancing and other sexual and related activities prohibited.

For purposes of this section, couch dancing' or straddle dancing' shall be defined as an employee or independent contractor of the adult-oriented business intentionally touching any patron or coming within six (6) feet of any patron while engaged in the display or exposure of any specified anatomical area,' or while simulating any specified sexual activity.'

(1)

No person shall operate or cause to be operated an adult-oriented business, regardless of whether or not a permit has been issued under this Code, knowingly, or with reason to know, permitting, suffering, or allowing any employee or independent contractor:

a.

To engage in a couch dance or straddle dance with a patron at the business;

b.

To contract or otherwise agree with a patron to engage in a couch dance or straddle dance with a person at the business;

c.

To intentionally touch any patron at an adult-oriented business while engaged in the display or exposure of an specified anatomical area' or engaged in or simulating a specified sexual activity.'

d.

To voluntarily be within six (6) feet of any patron while engaged in the display or exposure of any specified anatomical area' or engaged in or simulating a specified sexual activity.'

e.

To violate any provision of section 6-4.22.15 of this Code.

(2)

No employee or independent contractor of an adult-oriented business, regardless of whether or not a permit has been issued for said business under this Article, shall:

a.

Engage in a couch dance or straddle dance with a patron at the business.

b.

Contract or otherwise agree to engage in a couch dance or straddle dance with a patron at the business.

c.

Engage in the display or exposure of any specified anatomical area' or engage in or simulate a specified sexual activity' while intentionally touching a patron at the adult-oriented business.

d.

Engage in the display or exposure of any specified anatomical area' or engage in or simulate a specified sexual activity' closer than six (6) feet from any patron.

e.

Engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of 2:00 a.m. and 10:00 a.m.

f.

Violate any provision of section 6-1.22.15 of this Code.

(3)

No person at any adult-oriented business, regardless of whether or not said business is permitted under this Code, shall intentionally touch an employee or independent contractor who is displaying or exposing any specified anatomical area' or engaging in or simulating a specified sexual activity' at the adultoriented business.

(4)

No person at any adult-oriented business, regardless of whether or not said business is permitted under this Code, shall engage in a couch dance or straddle dance with an employee or independent contractor at the business who is displaying or exposing any specified anatomical area' or engaging in or simulating a specified sexual activity.'

(5)

No person at any adult-oriented business, regardless of whether or not a permit has been issued for said business under this Article, shall violate any provision of section 6-1.22.15 of this Code.

(6)

No waiter(s) or waitress(es) at an adult-oriented business, regardless of whether or not a permit has been issued for said business under this Article, shall appear on the premises in the nude, semi-nude, or display or expose `specified anatomical areas.'

(Ord. No. 576, § 8, 2-18-97)

Sec. 11-1.64.18. - Establishment of an adult-oriented business.

The establishment of an adult-oriented business shall include any of the following:

(1)

The opening or commencement of operation of any such business as a new business.

(2)

The conversion of any existing business, (whether or not an adult-oriented business), to any adult-oriented business.

(3)

The addition of any adult-oriented business to any existing adult-oriented businesses if the addition results in enlargement of the place of business. For the purposes of this paragraph, enlargement shall mean an increase in the size of the building within which the business is conducted by either construction or use of an adjacent building or any portion thereof, whether located on the same or an adjacent lot or parcel of land.

(Ord. No. 576, § 8, 2-18-97)

The adult use planning permit application fee and appeal of a decision pertaining to an adult use planning permit application and the application fee for an extension of a nonconforming adult-oriented business shall be subject to the payment of a fee as set by resolution of the city council.

(Ord. No. 576, § 8, 2-18-97)

Article 65. - Adequate Highways and Streets[[24]]

Footnotes:

--- ( 24 ) ---

Cross reference— Curb, gutter and sidewalk construction, § 10-5.01 et seq.

Sec. 11-1.65.01. - Dedication and improvement.

Unless otherwise provided in this Article, no building or structure shall be used on any lot or parcel of land any portion of which abuts upon a major highway, secondary highway or local street which is located on the same side of the centerline as such lot or parcel of land has been dedicated and improved as provided in this Article.

Sec. 11-1.65.04. - Improvements.

Before a building or structure subject to the provisions of this Article may be used, curbs, gutters, sidewalks, paving and drainage structures where required, shall be constructed at the grade and at the location specified by and in compliance with the standards of the city engineer.

Sec. 11-1.65.06. - Agreement to improve.

In lieu of the required improvements, the city council may accept from any responsible person an agreement to make such improvements. Said improvements shall be completed within the time specified in the agreement to improve.

Sec. 11-1.65.07. - Existing structures.

This Article does not apply to the use, alteration or enlargement of an existing building or structure or the erection of one (1) or more buildings accessory thereto, or both, on the same lot or parcel of land, if the total value of such alteration, enlargement, or construction does not exceed half of the current market value of all existing buildings on such lot or parcel of land.

(1)

The commission may grant a modification to the provisions of this Article and relieve the applicant either from compliance with all or a portion of the provisions thereof if it finds:

(a)

Property adjoining on both sides of the subject property is developed with lawfully existing buildings or structures which, were they not already existing, would be subject to the provisions of this Article, and the requirements to dedicate, pave or improve would require a greater width than is the highway or street in front of the said existing buildings or structures on said adjoining properties; or

(b)

The lot or parcel of land adjoins a major or secondary highway, parkway or street for a distance of one hundred (100) feet or more and less than half of said lot or parcel of land is to be used for such building or structure or occupied by such use.

(2)

The city council may grant a modification to the provisions of this Article and relieve the applicant either from compliance with all or a portion of the provisions thereof if they find:

(a)

There is in existence or under negotiation a contract between the city and a contractor to install the required improvements; or

(b)

The required improvements are included in a budgeted city project or within an approved assessment district; or

(c)

The city engineer is unable to furnish grades within a reasonable time; or

(d)

The required construction would create a drainage or traffic problem; or

(e)

The construction will be isolated from a continuous roadway which may not be improved for many years; or

(f)

There are in existence partial improvements satisfactory to the city engineer and he deems construction of additional improvements to be unnecessary or constitute an unreasonable hardship. All requests for modification shall be subject to the provisions of Article 70, "Zoning Ordinance Administration."

(Ord. No. 733, § 2(pt. 2), 9-7-10)

Article 66. - Off-Street Parking, Storage and Loading[[25]]

Footnotes:

--- ( 25 ) ---

Editor's note— Section 1 of Ord. No. 475, adopted Feb. 4, 1991, repealed former art. 66, §§ 11-1.66.01— 11-1.66.06, and added a new art. 66, §§ 11-1.66.01—11.1.66.10. The Article was formerly derived from Ord. Nos. 276, 381, 391, 407, 410 and 440.

Sec. 11-1.66.01. - Intent and purpose.

The purpose of this article is to provide adequate off-street parking to meet the present and future traffic needs generated by the expanding population of the city and surrounding areas.

All property, regardless of location and use, is harmed by inadequate off-street parking facilities. As a result, cars parked on the street create a safety hazard, impede the flow of traffic, and delay firefighting equipment. The provision of adequate off-street parking benefits the property owner by adding security and stability to his property, and benefits the neighborhood by relieving congestion and allowing the streets to be used as traffic movers.

(Ord. No. 475, § 1, 2-4-91; Ord. No. 839, § 13, 9-6-22)

Sec. 11-1.66.02. - Definitions.

For the purpose of this article, unless otherwise apparent from the context, the following words and phrases used in this article are defined in article 15, definitions of the zoning ordinance: designated parking space, driveway, floor area, garage, gross floor area, landscaping, loading area, off-street parking, parking area, parking lot, parking aisle, parking space, shared parking space, short-term parking space, turnaround area and turning radius.

(Ord. No. 475, § 1, 2-4-91; Ord. No. 839, § 13, 9-6-22; Ord. No. 847, § 4(B), 4-18-23)

Sec. 11-1.66.03. - Parking requirements.

For the purpose of this article, unless otherwise stated, all requirements shall be calculated based on gross floor area.

(A) Residential parking requirements:

Mixed use commercial developments located on One parking space for each two hundred twentyparcels of over fifty thousand (50,000) square feet five (225) square feet of gross floor area. of lot area In a mixed use commercial development, should a single use, other than offices, occupy fifty (50) percent or more of the development, the requirements for free standing uses shall apply to the entire development.

ommercial developments located on One parking space for each two hundred twentyparcels of over fifty thousand (50,000) square feet five (225) square feet of gross floor area. of lot area In a mixed use commercial development, should a single use, other than offices, occupy fifty (50) percent or more of the development, the requirements for free standing uses shall apply to the entire development.

(Ord. No. 475, § 1, 2-4-91; Ord. No. 498, § 2, 7-20-92; Ord. No. 529, §§ 1—4, 11-21-94; Ord. No. 568, § 1, 10-21-96; Ord. No. 606, § 2, 5-3-99; Ord. No. 665, pt. 1, 6-21-04; Ord. No. 748, § 2(pt. 19), 1-17-12; Ord. No. 757, § 2, 6-3-13; Ord. No. 787, § 6, 5-2-17; Ord. No. 798, § 4, 5-15-18; Ord. No. 819, § 2, 12-1-20; Ord. No. 828, § 4, 1-18-22; Ord. No. 839, § 13, 9-6-22; Ord. No. 845, § 4(I), 3-21-23)

Sec. 11-1.66.04. - Loading.

The following off-street loading spaces shall be provided and continuously maintained for all commercial uses. The loading spaces shall be not less than twelve (12) feet wide, thirty (30) feet long and have a vertical clearance of fourteen (14) feet. Office buildings shall be exempt from these requirements.

(A)

Total Square Feet of Building Space (in

gross floor area) Loading Spaces Required

Over 100,000

5

(B)

All loading spaces shall be separate, striped spaces in addition to the required parking spaces and not located within any required parking area, including aisles, backout areas or driveways.

(C)

No loading space shall be located within twenty-five (25) feet of a residential use.

(D)

Loading vehicles shall not be stored/parked in the loading space or anywhere in the parking area in excess of forty-eight (48) hours.

(E)

Planning commission may waive or modify loading space requirement subject to the provisions for "Modifications" (Section 11-1.70.08) and "Site Plan Review" (Section 11-1.70.07).

(Ord. No. 475, § 1, 2-4-91; Ord. No. 839, § 13, 9-6-22)

Sec. 11-1.66.05. - General provisions.

(A)

Off-street parking facilities shall be provided for any new building constructed and any addition or expansion of an existing building in order to meet the demand of all activities on the lot. Additional offstreet parking facilities shall not be required for minor additions to buildings located in commercial and manufacturing zones. A minor addition or expansion shall mean a change in use, expansion of use, or building addition which would increase the required number of parking spaces by ten (10) percent or less.

(B)

Any use of property or building, both commercial and residential, which is nonconforming as to the offstreet parking facilities may be continued in the same manner; except that for additions or enlargements of any existing building or use, or any change of occupancy or manner of operation that would increase the number of parking spaces required, additional parking spaces shall be required for the expanded portion of the building and use, unless a minor conditional use permit is granted by the planning commission or the city council.

(C)

A certificate of occupancy for any new use, structure or premises shall not be granted until all of the required parking facilities, landscaping and other requirements of this article have been completed.

(D)

Parking spaces within a commercial development shall not be designated for the exclusive use of any individual tenant, except as follows:

(1)

Any commercial development with parking spaces in excess of the required parking may designate excess parking spaces for the exclusive use of a tenant(s).

(2)

A commercial development that does not have parking spaces in excess of the required parking and is located on a parcel with over fifty thousand (50,000) square feet of property area may designate up to seven-and-a-half (7.5) percent of the total number of approved parking spaces for the exclusive use of a tenant(s).

(3)

A commercial development that does not have parking spaces in excess of the required parking and is located on a parcel with no more than fifty thousand (50,000) square feet of property area may designate up to of the five (5) percent of the total number of approved parking spaces for the exclusive use of a tenant(s).

(E)

Commercial developments may designate up to five (5) percent of the available parking spaces for shortterm parking but no more than eight (8) spaces. Short-term parking shall not exceed thirty (30) minutes. The property owner may limit the timeframe that the parking spaces are available only for short-term parking.

(F)

When calculating the number of parking spaces required, fractional space requirements totaling 0.5 or above shall be rounded up to the next whole space after calculating the total number of required spaces.

(G)

Any off-street parking or loading facility which is permitted but not required shall comply with all provisions of this article in respect to location, design, improvement and operation.

(H)

No repair or servicing of automobiles and other vehicles shall be conducted in the parking area of a commercial development.

(I)

Areas for collection and loading of solid waste and recyclable materials shall be required pursuant to Article 61, Solid Waste and Recyclable Materials Collection and Loading Areas.

(J)

If a building, structure or improvement requiring parking is located upon a separate recorded lot or overlaps the lot line of a separate lot from that upon which the parking is located, there shall be a lot merger covenant recorded in the office of the county recorder, pursuant to Article 55 of the Zoning Ordinance.

(K)

Bicycle parking shall be provided in compliance with the California Green Building Standards Code.

(L)

Designated parking spaces for low-emitting, fuel-efficient and carpool/van pool vehicles shall be provided and marked as required by the California Green Building Standards Code.

(M)

Parking spaces for electric vehicles (EV) and/or (EV) charging equipment shall be provided as required by the California Green Building Standards Code.

(Ord. No. 475, § 1, 2-4-91; Ord. No. 527, § 2, 11-21-94; Ord. No. 839, § 13, 9-6-22; Ord. No. 847, § 4(C, D), 4-18-23)

Sec. 11-1.66.06. - Landscaping.

(A)

Required parking facilities for three (3) or more vehicles, in the commercial and industrial zones, shall contain landscaping to cover not less than six (6) percent of the area not occupied by structure(s). The planning commission as part of the review of a site plan, conditional use permit or zone variance application may modify the landscape coverage requirement where the subject property is already substantially developed, where little or no new building coverage is proposed and where the six (6) percent requirement would be a hardship. However, the landscape coverage shall not be modified to be less than the existing coverage except by approval of a zone variance.

(B)

Both perimeter and non-perimeter landscaping shall be provided. Planting areas shall be distributed throughout the lot as evenly as possible.

(C)

A full-coverage permanent automatic irrigation system shall be installed.

(D)

All plantings shall be permanently and regularly maintained not less than twice a month and shall be free of debris and weeds.

(E)

All interior planting areas shall have a minimum width of three (3) feet.

(F)

A five-foot planting bed or berm shall be provided along the entire frontage of the property (except for driveways and pedestrian walkways). On corner lots such landscaping shall be placed along both street sides of the lot.

(G)

On lots over ten thousand (10,000) square feet, the perimeter landscaping shall not be counted towards meeting the requirement for landscaping.

(H)

One tree (36" box) shall be provided for each six (6) parking spaces and shall be evenly distributed within the interior parking facility.

(I)

One tree (36" box) shall be provided for each thirty (30) feet of a building frontage when the building is adjacent to the landscaped perimeter berm. One tree per fifty (50) feet of a building frontage shall be required when the building is recessed and not adjacent to the perimeter landscaping. The arrangement of such trees may be evenly spaced along the building frontage or be clustered, subject to approval by the planning commission as part of the site plan review process.

(J)

The type of trees and vegetation used shall be approved by the director of community development and/or planning commission.

(K)

Trees and vegetation shall be replaced if they are found to be in a deteriorating or diseased condition.

(L)

All landscaped areas shall be separated by a standard six-inch-high concrete curb from vehicle parking or maneuvering areas.

(Ord. No. 475, § 1, 2-4-91; Ord. No. 494, § 1, 3-16-92; Ord. No. 839, § 13, 9-6-22)

Sec. 11-1.66.07. - Required dimensions and parking lot design.

(A)

Design of parking spaces:

(1)

Parking spaces arranged at ninety (90) degrees to parking aisles shall be not less than set forth:

Type of Use Dimensions

(2)

Parking spaces adjacent to buildings, fences, walls, trash enclosures and similar structures shall be ten (10) feet wide.

(3)

Each parking space in a residential garage shall be ten (10) feet wide, twenty (20) feet long, and have a vertical clearance of a minimum of seven (7) feet except when otherwise required by the building code, or as modified by the director of community development and/or planning commission.

(4)

Parking spaces for other than ninety-degree angles shall be constructed in accordance with the attached figures.

(5)

Compact parking spaces.

a.

Subject to the director of community development and/or the planning commission, parking lots containing twenty (20) or more parking spaces may substitute standard spaces with compact spaces for up to thirty (30) percent of the total parking spaces required.

b.

Designation. Each compact space shall be clearly labeled "COMPACT".

c.

Location. Compact spaces shall be evenly distributed throughout the parking lot and may not be located within twenty-five (25) feet of a ramp, driveway or ground floor pedestrian entrance. Compact spaces shall not be located adjacent to retaining walls or other formidable barriers which prevent adequate vehicle overhang.

d.

Compact spaces cannot be used to fulfill the off-street parking requirements of residential developments/uses. Except, compact spaces may be used for up to thirty (30) percent of the total required guest parking when more than ten (10) guest parking spaces are required.

(6)

Motorcycle stalls may be used as an option to utilize areas that would otherwise not be of adequate size for conventional stalls. Each motorcycle stall shall be clearly labeled "MOTORCYCLE". Unless otherwise determined by the director of community development or planning commission, motorcycle stalls shall not count toward the number of required parking spaces.

(B)

Parking aisle:

(1)

Parking aisles for ninety-degree spaces shall be a minimum of twenty-five (25) feet wide. Parking aisles for other than ninety-degree parking shall be in accordance with the attached figures [following this section].

(2)

A ten-foot-wide turnaround area shall be provided at the end of a single access parking aisle. Said area shall be clear, unobstructed and free of any storage, debris and other materials or vehicles and shall be marked "NO PARKING" (figure P3).

(3)

The clearance between a detached rear garage and the house shall be a minimum of twenty-five (25) feet when the house overlaps the parking entrance of the garage by ten (10) feet or more. The clearance can be reduced by one foot for each foot overlap less than ten (10) feet (figure P4).

(C)

Driveways and driveway depressions: The following dimensions for driveways and driveway depressions are required by the Los Angeles County Fire Department. Unless modified by the fire department, director of community development and/or planning commission, the dimensions shall be as follows:

(1)

Residential:

a.

For two (2) or less units constructed on a lot or parcel of ground, no portion of which is more than one hundred fifty (150) feet from a dedicated street or private and future street, a driveway and driveway depression not less than twelve (12) feet wide, but not to exceed sixteen (16) feet in width for a two-car

garage, is required. For an attached three-car garage or larger, located at the front of the building, a twentyfoot-wide driveway and driveway depression may be provided.

b.

For two (2) or less units constructed on a lot or parcel of land, any portion of which is more than one hundred fifty (150) feet from a dedicated street or private and future street, a driveway and driveway depression twenty (20) feet in width shall be provided.

c.

For three (3) or more units constructed on a lot or parcel of land, any portion of which is less than one hundred (150) feet from a dedicated street or private and future street, a driveway and driveway depression twenty (20) feet in width shall be provided.

d.

For three (3) or more units constructed on a lot or parcel of land, any portion of which is more than one hundred fifty (150) feet from a dedicated street or private and future street, a driveway and driveway depression twenty-six (26) feet in width shall be provided.

e.

The required driveways shall be unobstructed in width and clear to the sky. Driveways and driveway landscaping shall be designed to maintain visibility and minimize interference with passing pedestrians. Landscaping adjacent to a driveway and the walls of the building shall be designed not to interfere with motorists' views of the sidewalk and pedestrians' views of vehicles exiting the project.

f.

Off-street parking areas and driveways shall be paved, graded and drained in a manner to improve permeability and disposal of all surface water.

1.

Alternative surfaces for parking and loading areas may be approved by the director of community development and public works director pursuant to site plan review, provided that the material used meets aesthetic standards as determined by the director of community development, and improves drainage and permeability.

(2)

Nonresidential:

a.

The minimum required driveway and driveway depression for one-way vehicular traffic shall be fifteen (15) feet in width where structures are located within one hundred fifty (150) feet from a dedicated street or private and future street and a minimum of twenty (20) feet where structures are located one hundred fifty (150) or more feet from said street.

b.

The minimum required driveway and driveway depression for two-way vehicular traffic shall be twenty (20) feet wide where structures are located within one hundred fifty (150) feet from a dedicated street or private and future street and minimum of twenty-six (26) feet where structures are located one hundred fifty (150) or more feet from said street, except as specified below.

c.

A thirty-foot-wide driveway and driveway depression for two-way vehicular traffic shall be required on major thoroughfares, including Pacific Coast Highway, Lomita Boulevard, Narbonne Avenue, Western Avenue and Palos Verdes Drive North.

d.

The required driveways shall be unobstructed in width and clear to the sky.

e.

Driveway approaches, for both commercial and residential developments, shall be constructed pursuant to the specifications of the Los Angeles County Public Works Department. Further, whenever feasible, the curb return adjacent to the driveway depression shall exceed the standard requirements.

(Ord. No. 475, § 1, 2-4-91; Ord. No. 839, § 13, 9-6-22)

Parking Illustration

× = Stall Not Accessible in Certain Layouts

Parking layout dimensions (in feet) for nine (9) feet × nineteen (19) feet stalls at various angles

Parking Principles,

==> picture [324 x 297] intentionally omitted <==

Parking Illustration

Parking layout dimensions (in feet) for nine (9) feet × nineteen (19) feet stalls at various angles

Parking Principles,

==> picture [324 x 210] intentionally omitted <==

Parking Illustration

× = Stall Not Accessible in Certain Layouts

Parking layout dimensions (in feet) for nine (9) feet × nineteen (20) feet stalls at various angles

Parking Principles,

==> picture [324 x 305] intentionally omitted <==

Parking Illustration

Parking layout dimensions (in feet) for nine (9) feet × twenty (20) feet stalls at various angles

Parking Principles,

==> picture [324 x 305] intentionally omitted <==

Parking Illustration

==> picture [324 x 321] intentionally omitted <==

Figure P4. Distance Between House and Detached Rear Garage

Sec. 11-1.66.08. - Standards for developing parking facilities.

The following development standards shall be the minimum required for parking facilities:

(A)

Except for single-family parking facility, parking spaces shall be arranged to permit vehicular traffic to move into and out of a parking area without backing onto a street, sidewalk or highway, except that an alley may be used for turning into and out of a parking space.

(B)

The entrances and exits to parking areas shall be clearly marked. One-way driveways shall have directional signs placed on the pavement.

(C)

All parking spaces shall be double striped to facilitate the movement in and out of the parking stall.

(D)

Parking areas and spaces in a commercial garage or "tucked" under a building shall have a vertical clearance of not less than eight (8) feet, two (2) inches.

(E)

Columns, pillars and other obstructions in a parking facility shall not encroach into the required dimensions of any parking space, aisle or driveway.

(F)

Handicapped parking spaces shall be provided, marked and posted as required by the state.

(G)

Wheel stops shall be provided for all parking spaces and located to prevent encroachment of cars over walkways, sidewalks, landscaped areas, etc. Wheel stops shall not be required in residential garages.

(H)

Commercial subterranean garages, fully or partially underground, and aboveground commercial parking structures shall be subject to planning commission review and approval. Said garages shall be subject to design standards, setbacks and landscaping requirements as determined by the planning commission, and shall at minimum meet the requirements of this article. The height of the garages above the average natural grade and/or garage and structure above it shall not exceed the maximum allowed height of the zone in which such garage is located.

(I)

Where a commercial development or parking facility is adjacent to a residential zone or use, a solid masonry wall not less than six (6) feet in height shall be constructed along the lot line adjacent to said zone or use, except that said wall shall step down to a maximum of forty-two (42) inches in height for a distance equal to the required front setback of an adjoining residential use.

(J)

Where a wall of a commercial facility is constructed along a commercial driveway, said wall shall step down to a maximum of forty-two (42) inches in height for a distance of ten (10) feet from the property line.

(K)

Where a commercial or a residential driveway is proposed along an existing wall/fence which is more than forty-two (42) inches high, the design of such driveway shall be satisfactory to the city. Further, it shall be located so that visibility of the vehicular and pedestrian traffic is not compromised.

(L)

Where fences or walls are constructed for commercial parking areas along the front property line of an interior lot, or front and side property line on a corner lot, such wall or fence shall not exceed forty-two (42)

inches in height. The height of such wall or fence for auto-related uses, contractor's yards and similar uses shall be determined by the planning commission.

(M)

Where plants are used along property lines of commercial developments for screening, such plants shall be maintained at a height not to exceed the height of walls or fences permitted in the same location, unless otherwise approved by the planning commission.

(N)

Lighting of parking and driveway areas shall be required. It shall be arranged so as to reflect the light away from any adjoining property. The lights shall be of energy efficient type, and be vandal resistant.

(O)

All parking facilities, including parking spaces, aisles, driveways, etc., shall be constructed pursuant to Los Angeles County specifications.

(Ord. No. 475, § 1, 2-4-91; Ord. No. 763, § 2, 1-6-14; Ord. No. 839, § 13, 9-6-22)

Sec. 11-1.66.09. - Location of parking, storage and loading facilities.

(A)

Ownership: Property on which required parking is established shall be under the same ownership as the use it is intended to serve, except as specified in Section 11-1.66.10(B). Any joint ownership resulting from the establishment of collective parking facilities, as provided herein, shall be construed as complying with this provision.

(B)

Residential uses:

(1)

Required parking facilities for residential uses as specified in subsection (A) of Section 11-1.66.03 (Parking Requirements) shall be located on the same lot or parcel of land as the use the parking facilities are intended to serve. Such facilities shall be conveniently accessible.

(2)

Storage and/or parking of detached camper tops/shells, dismantled and inoperative vehicles and other auto and recreation equipment items shall not be permitted in the front-yard area. In addition, storage in the front-yard area of any materials (construction, lumber, metals, plastic, etc.), fixtures, appliances, machines, trash or waste, or other materials which are not customarily considered as decorative landscaping features are hereby prohibited.

(3)

Storage and/or parking of boats, trailers, other vehicles and similar equipment as well as camper tops, auto- and recreation-related and domestic items in the rear and side yard areas shall be screened by a solid wall or opaque fence six (6) feet high to minimize any undesirable appearance from the street and surrounding properties. On the street side of corner lots, no storage and/or parking shall be permitted closer to the street than the required front yard setback of the adjacent interior lot.

(4)

Parking pads or spaces other than a driveway shall not be permitted in the front-yard area unless they have been reviewed and approved by the director of community development and/or the planning commission pursuant to Article 70, "Zoning Ordinance Administration". Only recreation equipment and/or operable vehicles may be stored/parked on such approved pads.

(5)

Storage of any commercial or construction equipment, materials, or nursery stock or storage and/or parking of boats, house trailers, camper trailers, detached camper tops, vehicles or dismantled vehicles and similar items on vacant lots shall not be permitted, except for materials and equipment being used for construction on the premises where a valid building permit has been issued or applied for.

(6)

House trailers, motor homes, mobile homes, campers, boats and similar uses shall not be occupied or used as a dwelling unit in any land use district unless located in a trailer or mobile home park which has been approved by the City of Lomita.

(7)

Operative automobiles and motor vehicles may be parked or stored in the front yard setback area only on an approved driveway which leads directly to a garage.

(8)

Dismantled and/or inoperative vehicles may not be parked or stored in a location which prevents access to an approved driveway leading to a garage and shall be screened by a solid wall or opaque fence six (6) feet high to minimize any undesirable aesthetic impacts from the street and surrounding properties. On the street side of corner lots, storage and/or parking of dismantled and inoperative vehicles shall not be permitted closer to the street than the required front yard setback of the adjacent interior lot.

(C)

Uses other than residential:

(1)

Parking facilities: Required parking facilities for uses other than residential shall be located in compliance with one of the following options, unless a minor conditional use permit for shared parking or off-site parking is granted by the planning commission or the city council as specified in section (Section 111.66.10(B).

a.

On the same lot or parcel of land as the use such parking facilities are intended to serve; or

b.

On a lot or parcel of land held under joint ownership, provided such parking facilities are located adjoining the use or uses served and contiguous for a distance not less than twenty (20) feet; [or]

c.

On a parcel of land separated only by an alley from the lot or parcel of land which the use or uses served are located provided:

1.

That said lots or parcels of land are in the same or joint ownership and separated only by an alley; and

2.

That said lots or parcels of land would be contiguous if not separated by said alley, for a distance of not less than twenty (20) feet; and

3.

That the direct vehicular passage between said lots or parcels of land would be possible in conformance with Section 11-1.66.07; and

4.

That such parking facilities are in close proximity to the actual use or uses served.

(2)

Storage of any commercial or construction equipment, materials, or nursery stock or storage and/or parking of boats, house trailers, camper trailers, detached camper tops, vehicles or dismantled vehicles on vacant lots shall not be permitted, except for materials and equipment being used for construction on the premises where a valid building permit has been issued or applied for, and where such use has been approved pursuant to the Lomita Zoning Ordinance.

(3)

Storage and/or parking of bins, steel or other storage containers, except for loading vehicles as permitted in Section 11-1.66.04(D) and recycling containers, is hereby prohibited.

(4)

Reduction or encroachment:

a.

Land within the right-of-way of a proposed street or highway, or within the planned ultimate right-of-way of a street or highway proposed to be widened, shall not be used to provide required parking or loading facilities.

b.

Required parking or loading facilities may not be reduced or encroached upon except upon approval by the planning commission and subject to the provisions of Article 72, "Variances and Conditional Use Permits."

(5)

Combined parking or loading facilities:

a.

Required parking facilities may be provided collectively for two (2) or more buildings or uses located on separate lots or parcels of land provided a minor conditional use permit for shared parking or off-site parking is granted by the planning commission or the city council as specified in section (Section 111.66.10(B).

b.

Parking and loading facilities designated for one use may not be counted or considered as also providing required parking or loading facilities for any other use, unless a minor conditional use permit for shared parking is granted by the planning commission or the city council as specified in section (Section 111.66.10(B)).

(Ord. No. 498, § 2, 7-20-92; Ord. No. 701, § 2(pt. 1), 6-4-07; Ord. No. 733, § 2(pt. 2), 9-7-10; Ord. No. 839, § 13, 9-6-22)

(A)

A site plan shall be submitted to the planning commission pursuant to the provisions of Article 70, "Zoning Ordinance Administration," prior to the establishment of any required parking facilities for three (3) or more motor vehicles, except parking for single-family residences. Said plan shall contain a detailed parking arrangement, accurately dimensioned, showing individual parking spaces, aisles and driveways, adequate ingress and egress, and all other requirements of this article.

(B)

Provisions for parking space reduction, shared parking and off-site parking. A minor conditional use permit for parking space reduction, shared parking and off-site parking shall be allowed in commercial zones.

(1)

Parking space reduction, shared parking and off-site parking. A minor conditional use permit may be approved for:

a.

A reduction in the number of spaces specified in Section 11-1.66.03

b.

Shared provision of parking serving more than one use;

c.

Off-site provision of parking; or

d.

Any combination of the above, subject to specific findings and conditions of approval.

(2)

In approving a minor conditional use permit for parking space reduction, shared parking and/or off-site parking, the planning commission shall find:

a.

In regard to a reduction in parking spaces that:

1.

There is clear and convincing evidence that the parking demand will be less than the requirement in Section 11-1.66.03. In reaching a decision, the planning commission shall consider survey data submitted by an applicant or collected at the applicant's request and expense; and

2.

That the probable long-term occupancy of the building or structure, based on its design, will not generate additional parking demand.

(3)

In regard to shared or off-site parking that:

a.

The peak hour parking demand from all uses does not coincide and/or the uses are such that the hours of operation are different for various portions of the business; and

b.

The quantity, circulation and location of parking provided will equal or exceed the level that can be expected if shared or off-site parking is not provided; and

c.

The adjacent or nearby properties will not be adversely affected relative to parking; and

d.

The proposed traffic circulation will not be detrimental to the health, safety and welfare of residents residing or working in or adjacent to the neighborhood; and

e.

The off-site parking is within a three hundred (300) feet legal distance or suitable distance subject to planning commission approval of the premises upon which the building or use is located;

(4)

As a condition of such minor conditional use permit approval the planning commission shall require a written agreement between landowner(s) and the city, in a form satisfactory to the city attorney, which shall include:

a.

A guarantee that there will be no substantial alteration in the uses that will create a greater demand for parking; and

b.

A guarantee among the landowner(s) for access to and use of the shared or off-site parking facilities; and

c.

Remedies in the event that there is a change in use on the property or in the event that the shared or offsite parking is lost; and

d.

A provision that the city may require parking facilities in addition to those originally approved, after notice and hearing, upon a finding by the planning commission that adequate parking to serve the use(s) has not been provided; and

e.

A provision stating that the city, acting through the planning commission, may, for due cause and upon notice and hearing, modify, amend, or unilaterally terminate the agreement at any time.

(5)

Notwithstanding the foregoing, if such parking reduction, shared parking or off-site parking request also includes other discretionary actions to be considered by the city council, the planning commission shall make a recommendation to city council in conjunction with such other discretionary actions. The city council, in considering the parking request, shall make such findings and include necessary conditions as provided in this section.

(Ord. No. 475, § 1, 2-4-91; Ord. No. 733, § 2(pt. 2), 9-7-10; Ord. No. 839, § 13, 9-6-22)

Article 67. - Signs

Sec. 11-1.67.01. - Intent and purpose.

The intent and purpose of this chapter is to 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, and it shall also be the purpose of this chapter to:

(1)

Assure that all signs are designed, erected and maintained in a manner to enhance, rather than detract from, the ultimate design and appearance of the City of Lomita;

(2)

Protect the public safety by prohibiting the installation and maintenance of signs which distract motorists' attention from traffic signs and signals;

(3)

Program for the orderly removal and replacement of unused signs which tend to have a detrimental effect upon the physical, social, and economic well-being of a community.

Therefore, in order to safeguard the public health, safety and general welfare of the citizens of the City of Lomita, it is necessary that the provisions of this Article classify all signs and regulate the size, location, motion, animation, and method of illumination of all signs erected and maintained now and hereafter within the City of Lomita.

Sec. 11-1.67.02. - Definitions.

For the purpose of this chapter, the words and phrases set forth shall have the meaning ascribed to them, as follows:

(1)

Abandoned sign shall mean any sign which pertains to a time, place, event, or purpose which no longer retains a business license or has ceased to exist for a period of thirty (30) days; or was erected for an occupant and unused by present occupant for a continuous period of thirty (30) days.

(2)

Area of sign shall include 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 (1) 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 that comply with the requirements of this section shall be computed for one (1) face only; provided, however, that when the angle between the planes of the faces exceeds fortyfive (45) degrees, the total area of both faces shall be included in the sign area.

(2.3)

Banner shall mean any cloth, plastic, paper or similar lightweight material used for advertising purposes mounted to a structure, pole, line, vehicle, any framing or tree.

(2.4)

Beacon sign shall mean a type of directional sign providing information or directions for motorists to onsite parking or loading.

(2.5)

Bench sign shall mean a sign located on any part of the surface of a bench or seat placed on or adjacent to a public right-of-way.

(3)

Billboard or outdoor advertising sign shall mean any sign or signs used in soliciting public support or directing public attention to the sale, lease, or 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.

(4)

Business identification sign shall mean a sign containing the name of the business, or the names of the businesses, to which it pertains and the name of the products or services sold or offered by such business or businesses on the premises on which the sign is located.

(5)

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.

(6)

Building frontage shall mean that portion of the building wall which faces a street. Alleys twenty-five (25) feet or less in width shall not qualify as streets.

(7)

Business 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 of each individual business or adjacent thereto.

(8)

Construction sign shall mean a sign listing the names, addresses and telephone numbers of those individuals, businesses or contractors directly connected with the construction project.

(8.5)

Designated space sign shall mean a sign identifying a specific parking space for a particular business use.

(9)

Face of building shall mean the wall of a building, including the parapet, fronting on a street, but excluding any appurtenances such as projecting fins, columns, pilasters, canopies, marquees, showcases or decorations.

(9.5)

Fence sign shall mean a sign which is mounted, painted, or otherwise placed on a wall, fence or gate, other than a building wall (see snipe signs).

(10)

Flashing or scintillating sign shall mean any sign, including but not limited to, flashing riders, arrows and other similar attachments, which by method or manner of illumination or lighting, flashes on or off, winks or blinks with varying light intensity, shows motion or creates the illusion of being on or off, excepting, however, the numerals only of signs indicating time and temperature.

(11)

Freestanding sign (pole sign) shall mean a sign which is supported by one (1) or more uprights, poles, walls or other structural forms when utilizing each as a primary holding brace.

(11.5)

Governmental sign shall mean any sign erected and maintained pursuant to any governmental action, function, regulation or public utility operation.

(12)

Guide signs shall mean all signs and sign structures which serve as direction guides to recognized areas of regional importance and patronage within the city. To clarify and define such areas, the following criteria shall apply:

(a)

Recreation and entertainment facilities of regional importance.

(b)

Regional and community shopping centers maintaining a minimum of three hundred (300) parking spaces in the immediate vicinity.

(c)

Entertainment centers, civic centers, post offices and other public building.

(d)

Any recognized historical landmark, museum or center for the performing arts.

(e)

Public, quasi-public and institutional centers.

(13)

Location shall mean a lot, site or premises, building, wall, or any place whatsoever upon which a sign is erected, constructed or maintained.

(14)

Lot or parcel frontage shall mean the lineal distance of the lot line or parcel line which is directly adjacent to a public street.

(15)

Marquee or message board shall mean a changeable copy sign advertising particular events or products for a usually short period of time. Said sign may be freestanding, projecting, or a wall-type sign, but not including billboards. The changeable copy portion of the sign shall not be greater than fifty (50) percent of the area per face, excepting theaters, religious facilities, schools, and other public institutions.

(16)

Mural shall mean a large painting, picture or decoration which is applied directly to a wall and which usually depicts a scene or an event.

(17)

No-peddling sign shall mean and include phrases such as "No Peddling, Selling or Soliciting"; "No Trespassing"; and signs of similar nature and message.

(18)

Parapet wall shall mean that part of any wall entirely above the roof or eave line, but not to exceed six (6) feet in height above the roof or eave line.

(19)

Parcel or lot of real property shall mean in this chapter, for the purpose of determining sign requirements, any parcel or lot of real property owned separately from any other parcel or lot.

(20)

Parking entrance and exit signs shall mean directions to the flow of traffic into and out of a parking area and, in addition to the permitted sign area, one (1) exit and/or one (1) entrance sign shall also be permitted at each driveway in close proximity to the vehicle entrance or exit of the premises. Copy on the signs to be limited to the word "Entrance" or "Exit," or other single instruction pertaining to vehicular movement.

(20.5)

Pennants shall mean narrow, long, relatively small flags often triangular used for signaling attention or for identification and shall include streamers and ribbons.

(21)

Permanent sign shall mean any sign which is not classed as a temporary sign.

(21.5)

Political sign shall mean a sign identifying either a candidate for public office or an issue relating to a forthcoming election intended to be displayed on temporary basis.

(22)

Projecting sign or perpendicular attached sign shall mean any sign supported on the wall of a building or structure and projecting out therefrom more than one (1) foot.

(23)

Roof sign shall mean a sign which is affixed to the roof of a building or projects above the parapet wall of the building on which it is located.

(24)

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.

(25)

Residential nameplate shall mean a sign identifying only the name and/or house number of the occupant of the premises.

(26)

Rotating or revolving sign shall mean any sign, all or a portion of which rotates, moves or appears to move, in some manner by mechanical, electrical, natural or other means.

(26.5)

Short-term parking sign shall mean a sign identifying a short-term parking space.

(27)

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.

(27.5)

Snipe sign shall mean a temporary sign fastened to trees, poles, fences, utility boxes or any other structures which would normally not contain signs.

(28)

Special sign or advertising device shall mean any sign, device or display which is not specifically defined herein.

(29)

Streamers. See Pennants.

(29.5)

Temporary sign shall mean any sign constructed of cloth, vinyl, canvas, light fabric, paper, cardboard, wallboard, or other light material with or without frame, intended to be displayed or used for a short period of time as set forth in this Article. Snipe signs, banners, political signs, construction and real estate signs, certain window signs, portable signs and signs of similar nature shall be considered temporary signs.

(30)

Wall sign shall mean a sign which is affixed to an exterior wall of any building and which projects not more than one (1) foot from the building wall, and which 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.

(31)

Window sign shall mean any sign posted, painted, applied, attached or affixed in or on any window or glass surface exposed to public view and any interior sign which faces any glass surface exposed to public view.

(Ord. No. 306, § 4, 12-17-79; Ord. No. 562, § 1, 5-20-96; Ord. No. 748, § 2(pt. 20), 1-17-12; Ord. No. 847, § 4(E), 4-18-23)

Sec. 11-1.67.03. - General conditions.

(A)

Generally. The following provisions shall apply to all zones within the City of Lomita:

(a)

Traffic control:

(1)

No person shall place, maintain or display upon, or in view of, any highway, street or alley, any unofficial sign, signal or device, or any sign, signal or device which purports to be, or is an imitation of, or resembles, an official traffic sign or signal, or which attempts to direct the movement of traffic, or which conceals from view any official traffic sign or signal.

(2)

No person shall place or maintain or display upon, or in view of, any highway, street or alley, any light of any color of such brilliance as to blind or dazzle the vision of drivers upon said highway, street or alley, nor shall any light be placed in such position as to prevent the driver of a vehicle from readily recognizing any official traffic sign or signal.

(b)

Signs on vehicles: No person shall erect or maintain a sign which is attached to, suspended from, or supported in whole or in part by any vehicle, whether self-propelled or towed. A sign will be allowed if painted directly upon, or permanently affixed to, the body or integral part of the vehicle or permanent decoration, identification or display, if such vehicle is used regularly in the business to which the sign pertains, for purposes other than as an advertising device, and such sign shall conform to the limitations set forth in the California Vehicle Code, excluding only public carrier buses and trains.

(c)

Maintenance. Signs and awnings, including all supporting hardware, shall be structurally safe, clean, free of visible defects, and functioning properly at all times. Awnings shall be maintained in a clean condition and faded or torn fabric shall be replaced. Repairs shall be equal to or better in quality of materials and design than the original sign or awning.

(d)

Sign copy. Sign copy shall be limited to the name of the business, the name of the products or services sold or offered, and the business address. This requirement does not apply to temporary signs or directional signs.

(e)

Unless otherwise specified, all signs shall be reviewed by the planning director before they are installed or placed on any property.

(f)

Use of English language letters and Arabic numerals.

(1)

Any business establishment located in an area zoned to permit an on-premises sign, including but not limited to, an office-professional zone, commercial zone, industrial or manufacturing zone, and any place of public assembly, including but not limited to, a meeting hall, auditorium, club house, assembly hall, shall maintain one or more on-premises signs that shall comply with the provisions of this section.

(2)

For the purposes of this section, the "on-premises sign" means a sign used for any of the following purposes:

(i)

To advertise the sale or lease of the property upon which the sign is placed.

(ii)

To designate the name of the occupant of the premises or to identify the premises by name or street address.

(iii)

To advertise the business conducted or services rendered or the goods produced or sold upon the property upon which the sign is placed, including any such sign placed upon the same side of the street or highway and within one thousand (1,000) feet of the property or within one thousand (1,000) feet of the entrance to the site at which the business is conducted or services are rendered or goods are produced or sold.

(3)

Any business or place of public assembly mentioned in subsection (1) of this section shall have, at a minimum, at least one (1) conspicuous sign setting forth the trade name of the business or the name of the place of public assembly and the street address number in English letters and Arabic numerals, respectively. The letters and numerals on any such sign shall be large enough to be readable from a distance of one hundred (100) feet.

(4)

An on-premises sign shall be deemed to satisfy the requirements of subsection (3) of this section if it sets forth the street address number and either the name or business of the owner or occupant of the premises or the nature of the business conducted, services available or rendered, or the goods produced, sold or available for sale upon the premises, in the English language and/or Arabic numerals, or a combination thereof. Furthermore, the English language letters and Arabic numerals shall appear reading from the left of the sign, and that in the event there is to be only one sign or designation for the name or number of the business, or the name of the owner, or occupant of the premises or the nature of the business conducted on the premises, services available or rendered, or the goods produced, sold or available for sale upon the premises, that sign shall be in English language letters and/or Arabic numerals.

(5)

Any business or place of public assembly mentioned in subsection (1) of this section shall have six (6) months from August 7, 2000, the effective date of the ordinance codified in this section to comply.

(g)

Substitution clause. Notwithstanding any other provision of this Code, any noncommercial copy may be substituted for any commercial copy on any sign permitted by this Code. If noncommercial copy is substituted, the resulting sign will continue to be treated as the original commercial sign under this Code and will not be deemed or treated as an off-premises sign. The content of any noncommercial copy on any sign otherwise permitted by this Code may be changed without complying with any provisions of this Code normally required for sign copy or design approval.

(B)

Commercial Zones. The following provisions shall apply to all commercial zones and the M-C Zone within the City of Lomita:

(a)

Permit required; fee:

(1)

No person shall have, place or erect a sign as defined in this chapter in a commercial zone or M-C Zone of the City of Lomita without first obtaining a permit from the city clerk.

(2)

The city council shall, from time to time, fix the amount of the required permit fee by resolution.

(Ord. No. 306, § 1, 12-17-79; Ord. No. 617, § 2, 3-6-00; Ord. No. 627, § 1, 8-7-00; Ord. No. 672, pt. 2, 126-04; Ord. No. 748, § 2(pt. 21), 1-17-12)

Sec. 11-1.67.04. - Sign regulations for specific zones.

No person shall install, erect or maintain any sign in any zone in the City of Lomita except as permitted herein:

(1)

R-1 Zone, Single-family Residential:

(a)

One (1) residential nameplate sign, not to exceed two (2) square feet in area, identifying the occupant of the premises; said sign may be illuminated.

(b)

One (1) unlighted real estate sign not to exceed four (4) square feet in area, offering the premises for sale, rental, lease, or for inspection by the public, and one (1) additional square foot of sign area for riders attached to the sign; sign to be removed within ten (10) days of sale, lease or rental of property.

(c)

Unlighted construction sign, as defined in this chapter, not to exceed sixteen (16) square feet in area; sign or signs to be removed prior to final inspection by the building department.

(d)

One (1) unlighted no-peddling sign, as defined in this chapter, not to exceed seventy-two (72) square inches in area.

(2)

R-V Zone, Residential Variable:

(a)

On a lot or parcel containing three (3) or less dwelling units, only those signs permitted in the R-1 Zone.

(b)

On a lot or parcel containing four (4) or more dwelling units, one (1) building identification sign flush against the wall of the building and not projecting above the parapet wall. Signs may be illuminated only by spotlighting or silhouette lighting directed toward the face of the building. Interior illuminated signs shall not be permitted.

(i)

Size of building identification sign permitted: One (1) square foot of total sign area for each dwelling unit located on the lot or parcel. Signs not to exceed two (2) in number, provided the combined area of both signs does not exceed the total allowable sign area of twenty-four (24) square feet. No permitted identification sign shall be required to be less than ten (10) square feet in area.

(ii)

Real estate sign: One (1) unlighted sign of a maximum area of twelve (12) square feet and with a maximum of four (4) feet in any dimension, offering the premises for sale, lease, rental, or for inspection by the public.

(iii)

Construction sign: Unlighted construction sign, or signs, as defined in this section, not to exceed a total area of thirty-two (32) square feet. Sign, or signs, to be removed prior to final inspection by the building department.

(iv)

One (1) unlighted no-peddling sign as defined in this chapter, not to exceed seventy-two (72) square inches in area.

(3)

Reserved.

(4)

C-G, Commercial General and C-R, Commercial, Retail:

(a)

Wall signs:

(i)

Front wall signs flush against the face of the building and not projecting more than one-foot therefrom shall be permitted a total sign area not to exceed fifteen (15) percent of the area of the front wall of the building.

(ii)

Rear wall signs flush against the rear wall of the building and not projecting more than one-foot therefrom shall only be permitted if the rear wall of the building faces a street, parking area, or pedestrian mall and shall not exceed ten (10) percent of said rear wall in total sign area.

(iii)

Side wall signs flush against the side wall of the building and not projecting more than one-foot therefrom shall be permitted a total sign area not to exceed seven and one-half (7½) percent of said side wall.

(iv)

Buildings located on corner lots, or parcels with two (2) frontages, shall be permitted a total sign area not to exceed fifteen (15) percent of the area of the building wall facing each frontage.

(b)

Hanging signs, suspended signs and other canopy signs:

(i)

Signs supported or suspended from the underside of an awning, canopy, or parapet of a building shall be a minimum of eight (8) feet vertical distance from the sidewalk grade and at approximately a ninety-degree angle to the face of the building.

(ii)

Said sign shall be centered between the face of the building and the outer edge of the awning, canopy, or parapet.

(iii)

Maximum area of sign shall be determined by the following:

a.

The length of said sign shall not exceed two-thirds (⅔) of the length of the projecting of the awning, canopy, or parapet.

b.

Said sign shall not exceed two (2) feet in height.

(c)

Freestanding or pole signs:

(i)

A planned shopping center or service center having three (3) or more stores and sharing a common parking area shall be permitted one freestanding or pole sign with a maximum sign area per face of one square foot for each lineal foot or lot or parcel frontage.

(ii)

The maximum sign area permitted under any condition shall not be more than two hundred (200) square feet per face for any freestanding or pole sign. Not more than two (2) sign faces shall be parallel, with a maximum distance of eighteen (18) inches between the faces. However, no permitted freestanding or pole sign shall be required to be less than thirty-five (35) square feet in area per face. Freestanding or pole signs are not to exceed thirty (30) feet in height above grade level, nor to be less than ten (10) feet above grade, and shall not project more than three (3) feet over public rights-of-way.

(iii)

One freestanding or pole sign shall be permitted for a fueling service station, with the maximum sign area per face not to exceed one-half (½) square foot of sign area for each foot of lot or parcel frontage. Lots or parcels on a corner, or with double frontages, may count only the largest frontage for determination of sign area. The use of light-emitting diodes (LEDs) for signage displaying the current price of gasoline shall be permitted subject to the requirements in section 11-1.67.05(b).

(iv)

One freestanding or pole sign may be permitted subject to review and approval by the planning commission for each of the following uses when not a part of an above-described planned shopping center, service center, or automotive service station, with the maximum sign area permitted per face not to exceed one square foot for each lineal foot of lot or parcel frontage:

a.

New and used automobile, boat, camper, trailer and motorcycle sales.

b.

Hotels and motor hotels.

c.

Restaurants, drive-in restaurants, drive-in dairies and car washes with fifty (50) feet or more of street frontage.

(v)

Business door nameplate, not to exceed two (2) square feet in area, and to contain the name and address of the business only and shall be affixed to the door of each individual business or immediately adjacent thereto.

(vi)

Parking lot signs.

a.

Entrance and exit signs, not to exceed five (5) square feet in area per face.

b.

Designated parking space signs, one permitted per designated space.

(1)

Sign maximum size: six (6) square feet, of which up to four (4) square feet is allowed for branding or logos per face, with a maximum height of six (6) feet above the parking lot surface.

(2)

If present, exposed concrete bases shall be covered with decorative stone, stucco, brick, tile, or a natural veneer that matches the building's facade.

c.

Beacon parking signs may be installed to facilitate traffic circulation associated with designated parking, provided such signs comply with the following requirements:

(1)

No more than two (2) signs shall be permitted per property.

(2)

Sign maximum size: two (2) feet by two (2) feet in plan, with a maximum height of twelve (12) feet above the parking lot surface.

(3)

Up to three (3) square feet per face is permitted for branding or logos.

(4)

If present, exposed concrete bases shall be covered with decorative stone, brick, tile, stucco, or a natural veneer that matches the building's facade.

(5)

May be illuminated provided the luminance is stationary and no more than 0.3 foot-candles above ambient light conditions, or the level recommended by the Illuminating Engineering Society of North America (IESNA) for the specific size and location of the sign, whichever is less.

d.

Short-term parking space signs may be installed to facilitate parking space turnover. The sign shall have:

(1)

A maximum size of eighteen (18) inches by eighteen (18) inches, with no more than a one inch thickness.

(2)

The maximum time within which a particular vehicle may occupy a particular parking space and, if applicable, any designated timeframe.

e.

All types of parking lot signs shall be installed outside of each parking space's required minimum dimensions.

(vii)

One unlighted no-peddling sign, not to exceed seventy-two (72) square inches in area.

(d)

Projecting signs shall be ninety (90) degrees to the front face of the building and not project more than three (3) feet over the public right-of-way, nor five (5) feet above the roof line or parapet wall of the building. Sign area per face of a projecting sign shall not exceed one square foot for each lineal foot of building frontage.

(e)

Signs which may be permitted subject to the review and approval by the planning commission:

(i)

Roof signs. Roof signs shall have a maximum sign area per face of one square foot for each lineal foot of lot or parcel frontage. Lots or parcels located on a corner or with double frontage may count only the

largest frontage for determining sign area.

a.

The maximum sign area permitted under any condition shall not be more than one hundred (100) square feet per face for any roof sign, may not exceed ten (10) feet in height above the roof line nor thirty-five (35) feet in height above the ground; nor project more than twelve (12) inches out from the building or structure.

b.

Roof sign supports shall be architecturally attractive or screened from view.

(ii)

Freestanding or pole signs shall not otherwise be permitted in this chapter.

(5)

M-C, Light Manufacturing and Commercial:

(a)

Wall signs:

(i)

Front wall signs flush against the face of the building and not projecting more than one (1) foot therefrom shall be permitted a total sign area not to exceed ten (10) percent of the area of the total building wall.

(ii)

Buildings located on corner lots, or parcels with two (2) street frontages, shall be permitted a total sign area not to exceed ten (10) percent of the area of the building wall facing each frontage.

(b)

Freestanding or pole signs:

(i)

One (1) sign is permitted for each two hundred fifty (250) feet of lot or parcel frontage on a public street.

(ii)

One (1) sign may be permitted for a lot or parcel having less than two hundred fifty (250) feet frontage on a public street.

(iii)

Sign area per face is to be permitted on the basis of one (1) square foot of sign area for each front foot of lot or parcel frontage, but not to exceed two hundred (200) square feet of sign area per face.

(iv)

All other standards for freestanding or pole signs specified in the commercial zones shall be complied with.

(c)

Business door nameplates, not to exceed four (4) square feet in area, may be affixed to, or fastened in close proximity to, each door or gate leading onto the premises.

(d)

The following signs, as defined in this chapter, and subject to the requirements stated for commercial zones shall be permitted:

(i)

Repealed.

(ii)

Repealed.

(iii)

Parking entrance and exit signs.

(iv)

No-peddling signs.

(e)

Roof signs by review and approval of the planning commission.

(6)

D-C, Downtown Commercial:

(a)

Allowed sign area: Each building or tenant space shall be allowed the amount of sign area indicated below.

(i)

Front wall signs: The total area of all signs on a front building wall shall not exceed one and one half (1.5) square feet of sign area for each linear foot of building wall or building frontage assigned to a tenant. The maximum front wall sign area for any building or tenant space shall be forty (40) square feet. Signs are intended for ground floor businesses only, except window signs, which may be used by second floor businesses.

(ii)

Rear and side wall signs: The total area of all signs on a rear or side building wall shall not exceed one (1) square foot of sign area for each linear foot of building wall or tenant space facing a street, parking lot, pedestrian walkway, or alley. The maximum area for a sign on a rear or side facing building wall or tenant space shall be ten (10) square feet. Signs are intended for ground floor businesses only, except window signs, which may be used by second floor businesses.

(b)

Wall signs:

(i)

Signs shall be located only on building wall frontages along streets, alleys, parking lots, or other rights-ofway.

(ii)

Signs shall not project from the surface upon which they are attached more than required for construction purposes and in no case more than 12 inches.

(iii)

Signs shall not project above the eave of a roof or top of parapet wall.

(iv)

Signs shall not be placed to obstruct any portion of a window or door.

(c)

Projecting signs:

(i)

The maximum area for projecting signs shall be calculated in conjunction with the total amount of sign area allowed for the entire building wall or tenant space. The maximum area for each sign face shall be twenty (20) square feet.

(ii)

Signs shall be located only on the wall frontage with the primary entrance to the business;

(iii)

A clear distance of eight (8) feet shall be maintained from the lowest point of the projecting sign to the ground below; for projecting signs over public driveways, alleys, and thoroughfares a clear distance of fifteen (15) feet shall be maintained from the lowest point of the projecting sign to the ground;

(iv)

Signs shall project at ninety (90) degrees from the front face of the building wall and shall not project more than three (3) feet over the public right-of-way; and

(v)

Signs shall not project above the upper most part of the parapet on a flat roof or above the eave on a pitched roof.

(d)

Awning signs:

(i)

The maximum area for awning signs shall be calculated in conjunction with the aggregate sign area allowed for the entire building wall or tenant space;

(ii)

Signs on awnings are limited to ground level occupancies only;

(iii)

A clear distance of eight (8) feet shall be maintained from the lowest part of an awning sign to the ground below;

(iv)

Awnings shall not be lighted from under the awning (back-lit) so that the awning appears internally illuminated. Lighting placed under the awning and directed downwards so as not to illuminate the awning is allowed.

(v)

Sign copy on awnings shall be limited to a maximum twelve (12) inch valence and end flaps only. Lettering shall not exceed eight (8) inches in height.

(e)

Pedestrian-oriented signs:

(i)

Signs may be either suspended from a decorative bracket or mounted flat against a wall;

(ii)

The maximum area of each sign face shall be four (4) square feet which shall be included in the aggregate sign area allowed for the building wall or tenant space;

(iii)

Only one pedestrian-oriented sign shall be allowed for each use/occupancy. Signs shall be located near the main entrance to the business;

(iv)

A clear distance of eight (8) feet shall be maintained from the lowest point of the suspended sign to the ground below. For suspended signs over public driveways, alleys, and thoroughfares, a clear distance of fourteen (14) feet shall be maintained from the lowest point of the projecting sign to the ground;

(v)

Mounting hardware and brackets shall be decorative iron; and

(vi)

The use of logos, symbols, or figures in addition to, or instead of written words is strongly encouraged.

(f)

Window signs:

(i)

Signs shall be allowed only on windows located on the ground level and second story;

(ii)

Signs shall be permanently painted or mounted on the inside of windows and doors; and

(iii)

Signs shall not occupy more than twenty-five (25) percent of any individual window area including

permanent and temporary signs. The area of window signs shall be included within the aggregate sign area allowed for the building wall or tenant space.

(iv)

Business owners may paint or otherwise install decorative features around the edges of windows. The planning director shall determine whether these features are part of a window sign or architectural in nature.

(g)

Directional signs.

(i)

Directional signs are intended to provide directions for motorists entering a site from a public right-of-way to on-site parking or loading.

(ii)

Directional signs shall not contain any advertising message but may contain the name of business.

(iii)

The maximum sign area shall be two (2) square feet and the maximum height shall be four (4) feet.

(iv)

The number and location of directional signs shall be at the discretion of the director of planning.

(h)

Directory signs:

(i)

Each building with three (3) or more tenants may have one directory sign for the purpose of providing the name of the tenants in the building in addition to other allowed signs;

(ii)

The area of the sign shall not exceed eight (8) square feet or a height of six (6) feet;

(iii)

Directory signs may be either wall mounted or freestanding. If freestanding, signs shall not interfere with pedestrian or vehicular circulation or visibility; and

(iv)

The height of each individual nameplate on the directory may be a maximum of six (6) inches in height.

(i)

Nameplate signs:

(i)

Each tenant or use may have one nameplate sign for the main and secondary entrance; in addition to other allowed signs;

(ii)

Signs shall be mounted on, or near the entrance to the business; and

(iii)

The maximum sign area shall be one (1) square foot.

(iv)

The maximum area for nameplate signs shall be calculated in conjunction with the aggregate sign area allowed for the entire building wall or tenant space.

(j)

Reserved.

(k)

Neon signs and architectural lighting:

(i)

A maximum of two (2) neon signs shall be allowed for each business;

(ii)

Neon signs and linear neon tubing used for architectural lighting shall be UL (Underwriters Laboratories) listed with a maximum twenty (20) amps per circuit and be designed to accommodate an automatic dimmer in order to reduce the brightness of the neon;

(iii)

Neon tubing shall not exceed one-half ½ inch in diameter;

(iv)

Neon tubing shall not be combined with any reflective materials (e.g., mirrors, polished metal, highly-glazed tiles, or other similar materials); and

(v)

When used as an architectural element, neon tubing shall be used only to reinforce specific architectural elements of the structure and shall not be used to outline windows and to draw attention to the building or use.

(l)

Temporary signs:

(i)

All signs listed in section 11-1.67.06 with the following exceptions:

(a)

Window signs. Temporary window signs shall meet all of the requirements of section 11-1.67.06(C)(1) but shall not cover more than twenty-five (25) percent of the glass area of any individual window. Permanent window signs shall also be counted towards the maximum twenty-five (25) percent window coverage allowance.

(b)

Promotional banner signs. Temporary promotional banner signs shall meet all of the requirements of section 11-1.67.06(C)(6) but no single banner shall exceed twenty-four (24) square feet in area.

(ii)

Portable (A-frame) signs. The use of small pedestrian-oriented portable A-frame or sandwich board signs is permitted in the D-C zoning district, subject to the approval of a sign permit and the following requirements:

(a)

A portable sign is any sign or advertising device that rests on the ground and is not designed to be permanently attached to a building or permanently anchored to the ground. This includes A-frame or sandwich board signs, but does not include temporary banners, posters, and similar signs made of nonpermanent materials.

(b)

No business shall be allowed to have more than one portable sign.

(c)

Portable signs may have a maximum sign area of eight (8) square feet. The maximum height shall be four (4) feet and the maximum width shall be two (2) feet. The planning director may allow increases of up to twenty (20) percent over the above maximum standards to accommodate signs of outstanding design and unique character.

(d)

Portable signs may be located on private property or within the public right-of-way, provided they do not interfere with pedestrian movement or wheelchair access. A minimum access width of four (4) feet shall be maintained along all sidewalks and building entrances accessible to the public.

(e)

Portable signs shall be utilized only during regular business hours and shall be removed during nonbusiness hours.

(f)

Portable signs shall not be illuminated.

(g)

Portable signs are to be maintained in a neat, orderly fashion so as not to constitute an unsightly appearance or a public nuisance. Signs shall be constructed of durable, weather-resistant materials and be professional in appearance in a manner meeting the approval of the planning director. If such signs are not

maintained, the property owner or business owner shall remove them immediately upon notice by the planning director.

(h)

A sign permit application for a portable sign to be located on public property shall be accompanied by a certificate of insurance in an amount as specified by resolution of the city council. Unapproved signs and signs not maintained to the above standards shall be subject to immediate removal by the City from the right of way.

(i)

When more than one portable sign is requested on a property, the property owner shall determine the locations where the signs may be placed. In any case a portable sign shall not be placed nearer than ten (10) feet as measured parallel to the street to another portable sign.

(j)

Portable signs shall not advertise products or services not available at the location of the sign whether the sign is on private property or in the public right of way.

(m)

Prohibited signs: The following signs are prohibited in the D-C zoning district.

(i)

All signs listed in section 11-1.67.05.

(ii)

Cabinet (can) signs with translucent plastic face panels that are internally illuminated so that the entire sign face is illuminated. Cabinet signs with opaque faces that allow only the lettering portion of the sign to be illuminated are allowed.

(iii)

Changeable copy signs, including electronic reader board signs.

(iv)

Inflated signs, balloons, and figures.

(v)

Roof-mounted signs.

(vi)

Freestanding pole signs.

(vii)

Notices, placards, bills, posters, cards, stickers, banners, signs, advertising, or other devices designed to attract the attention of the public that are posted or otherwise affixed upon any street, street furniture, rightof-way, public sidewalk, crosswalk, curb, lamppost, hydrant, tree, alley, telephone pole, public telephone, or lighting system, or other public alarm or communication system.

(n)

Special provisions:

(i)

Exceptions to sign standards. An applicant may request approval of a sign permit for a creative sign to authorize signs that may deviate from the standards of this Article but comply with the provisions of this subsection. The purpose of granting an exception from the standards of this Article is to encourage signs of unique design that exhibit a high degree of creativity, imagination, and inventiveness.

(a)

Planning commission approval required. A sign permit application for a creative sign shall be subject to approval by the planning commission. A sign permit application for a creative sign shall include all information and materials required by the planning department and a filing fee set by the city's fee resolution.

(b)

Design criteria. In approving an application for a creative sign, the planning director shall ensure that a proposed sign meets the following design criteria:

The sign shall:

(1)

Constitute a substantial aesthetic improvement to the site and shall have a positive visual impact on the surrounding area.

(2)

Be of unique design and exhibit a high degree of creativity, imagination, inventiveness, and spirit; and

(3)

Provide strong graphic character through the imaginative use of graphics, color, texture, quality materials, scale, and proportion.

The sign shall contain at least one of the following elements:

(1)

Classic historic design style;

(2)

Creative image reflecting current or historic character of downtown Lomita; or

(3)

Inventive representation of the use, or name, of the business.

(ii)

Use of design guidelines. The city may adopt design guidelines for the purpose of assisting development applicants in understanding the city's expectations for quality development including signs. When such design guidelines are adopted, the planning director, or other approval body as appropriate, shall refer to and utilize the guidelines in rendering a decision on a particular sign permit application.

(iii)

Historic signs. Signs that have been identified by the city as having historic or cultural significance may be exempt from the requirements of this Article subject to approval of the planning commission and the following conditions:

(a)

All parts of the exempted historic sign including neon tubes, incandescent lights and shields, and sign faces shall be maintained in a functioning condition as historically intended.

(b)

Parts of historic signs originally designed to flash or move may be allowed to continue to flash or move. There shall be no alterations to the historic pattern, speed, or direction of flashing or moving elements.

(c)

The wording or image of an historic sign may be altered only if such alterations do not substantially change the historic style, scale, height, type of material, or dimensions of the historic sign.

(Ord. No. 165, §§ 1, 2(l), (m), 5-6-74; Ord. No. 306, § 2, 12-17-79; Ord. No. 407, § 2, 9-15-86; Ord. No. 562, § 2, 5-20-96; Ord. No. 617, § 1, 3-6-00; Ord. No. 757, § 2, 6-3-13; Ord. No. 845, § 4(S, T), 3-21-23; Ord. No. 847, § 4(F), 4-18-23; Ord. No. 855, § 4(B), 9-5-23)

(a)

The following types of signs, as defined herein, are prohibited in all zones within the City of Lomita:

(1)

Rotating, flashing, scintillating signs and any other signs indicating motion or change of light intensity. Lights or systems of lights which rotate, flash, change intensity or indicate motion and which are placed or installed on faces, walls or roofs of business places are also prohibited by this section.

The city council may by minute action temporarily suspend enforcement of this provision for civic or other special events or observances.

(2)

Rectangle signs which are freestanding, "A-frame" or "sandwich" signs or other similar-type portable signs, which are either carried or freestanding.

(b)

LED signs are permitted as follows:

(1)

Freestanding signs for fueling service stations are permitted to use LEDs to display the current price of gasoline only.

(i)

The LEDs shall be monochromatic, utilizing a dark background with the prices lit in a single color.

(ii)

The area of the LED portion of the sign shall not exceed thirty-five (35) square feet.

(2)

Other LED signage shall be permitted only by review and approval by the planning commission.

(c)

Repealed.

(d)

Signs painted on a wall, face or other exterior of any building shall be considered wall signs and shall be subject to all requirements of this chapter.

(e)

Repealed.

(f)

Abandoned signs, as defined in this chapter, must be removed, and signs painted on the face or exterior walls of a building are to be painted out within ninety (90) days after the sign is abandoned, as herein defined, or within ninety (90) days after the occupant has left the premises, whichever first occurs. If change of occupancy occurs in less than ninety (90) days, no business license will be issued until the new occupant removes or utilizes the former sign or signs and paints out signs not identifying the current business.

(g)

Signs required by law: The provisions and conditions herein shall not be construed to prohibit or otherwise include any notice, announcement or advertisement prescribed or required by law in any case, or any notice posted by any lawful officer or agent.

(h)

Guide signs, as defined in this chapter, may be allowed for each qualified user and may be allowed on public rights-of-way. Guide signs shall be subject to the approval of the planning commission.

(i)

No sign shall be permitted to encroach on any public right-of-way except as permitted by this chapter.

(j)

Churches, schools and hospitals located in residential zones may be permitted one (1) unlighted wall sign not to exceed twenty (20) square feet for each face of the building fronting on a public right-of-way. In addition, one (1) freestanding, message-board-type sign, not exceeding ten (10) square feet in area and not exceeding six (6) feet in overall height.

(k)

Business and professional office buildings having fifty (50) percent or more of the offices or suites with entrances directly to the outside of the building may be permitted a freestanding directory sign subject to the approval of the planning commission. Directory signs mounted flush against the face of the building shall be treated the same as a wall sign.

(l)

Special signs and advertising devices which are determined not to be similar to signs defined in this chapter shall be permitted only by sign review and approval by the planning commission.

(m)

Signs existing prior to the effective date of this chapter and not conforming to the requirements of this chapter shall be permitted replacement of letters, normal maintenance, and replacement of sign and structure when less than fifty (50) percent partially destroyed by fire or acts of God; provided, however, that all such signs shall be removed within ten (10) years of the effective date of this chapter. If any owner or

individual responsible for a nonconforming sign desires to continue its use beyond the amortization period, an annual fee shall be required as follows:

(1)

For the first year following the conclusion of the amortization period, the fee shall be one-half the cost of the annual business license fee for the business involved.

(2)

For the second year following the conclusion of the amortization period, the fee shall be equal to the cost of the annual business license fee for the business involved.

(3)

For the third and each succeeding year following the conclusion of the amortization period, the fee shall be calculated by adding the cost of the annual business license fee to the previous year's fee.

(n)

Billboards and other outdoor advertising signs, as defined in this chapter, are not permitted in any zone. Such signs existing in the M-C Zone prior to the effective date of this amendment [Ordinance No. 306, adopted December 17, 1979] shall be permitted replacement of letters, normal maintenance, and replacement of sign and structure when less than fifty (50) percent is partially destroyed by fire or acts of God; provided, however, that all such signs shall be removed within one (1) year of the effective date of this amendment [Ordinance No. 306, adopted December 17, 1979].

(o)

Reserved.

(p)

Business and professional office buildings shall be required to erect and maintain a street address sign in close proximity to the main street entrance of the building. Each sign shall have numbers of not less than four (4) inches in height and shall not exceed a total area of two (2) square feet.

(Ord. No. 306, § 3, 12-17-79; Ord. No. 504, § 1, 10-19-92; Ord. No. 552, § 1, 9-5-95; Ord. No. 562, § 2, 5- 20-96; Ord. No. 757, § 2, 6-3-13; Ord. No. 855, § 4(C), 9-5-23)

Sec. 11-1.67.06. - Permitted temporary signs in other than residential zones.

(a)

General requirements: The following temporary signs may be permitted subject to the approval of the planning director or a designated representative. The applicant shall submit a written request to the planning director for any temporary sign, except as otherwise specified, indicating the type and size of sign, display dates and location. Should a temporary sign be displayed or erected without first submitting a written request, the city shall cause the sign to be abated subject to section 1-2.01 of the Municipal Code.

All temporary signs shall be aesthetically pleasing and shall be maintained in good condition at all times. 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.

(b)

Location of temporary signs: All temporary signs and devices shall be mounted on the wall of the building, unless otherwise specified. They shall be limited to the height of the building to which they are attached or

which they are advertising. Temporary signs shall not be located off-site or advertise a business, product, real estate, events, construction or any other item located off site except where permissible for civic events and for political candidates. Temporary signs shall not be located in a public right-of-way.

(c)

Permitted temporary signs:

(1)

Window sign(s) placed on the glass surface of a building may be either temporary or permanent. However, it may not cover more than thirty-five (35) percent of the total glass surface area. Such signs may be changed out and are not subject to the written request requirement. Signs not larger than two (2) square feet and indicating hours of operation, address, "open" and "closed" are not to be calculated towards the allowable size of the window signs.

(2)

Construction sign - one nonilluminated banner or other sign not to exceed thirty-two (32) square feet in area. On corner lots, two (2) such signs may be installed, one for each frontage, for a total combined area not to exceed forty-eight (48) square feet. However, neither one of such signs may exceed thirty-two (32) square feet in area. Such sign(s) may be free-standing and may remain on the property for one (1) year. Thereafter, the applicant shall submit annually an application for permission to continue displaying the temporary construction sign(s). In case there is very little or no construction activity on the site within any one year, the planning director may determine that such an extension is not warranted. Said sign(s) shall be removed prior to the issuance of an occupancy permit by the department of building and safety.

(3)

Real estate sign - one non-illuminated banner sign per business, mounted on the wall of the building, not to exceed thirty-two (32) square feet in area, offering the premises for sale, lease or rental. On corner lots, two (2) such signs may be placed not to exceed forty-eight (48) square feet of combined area. However, neither one of the banner signs may exceed thirty-two (32) square feet in area. In addition, one free standing real estate sign not to exceed thirty-two (32) square feet may be permitted. Said signs shall be removed within ten (10) days of sale, lease or rental. Real estate banner signs may remain on the property for one hundred twenty (120) days per calendar year. Should an additional time be required, the applicant shall request such an extension in writing to the planning director. The free sanding sign may remain on the property on an as needed basis.

(4)

Civic event signs limited to religious, charitable, educational, cultural or civic events-each business or use may display one such sign, in addition to the allowable temporary and window signs. Such sign shall not be larger than six (6) square feet in area and may be displayed for fifteen (15) days prior to the event and be removed within ten (10) days afterwards. The city shall proceed with abatement procedures should the sign become a nuisance and/or in non-compliance with this subsection.

Civic event signs may be located anywhere within a private property. In addition, nonprofit organizations may install a banner(s) across city or state right-of-way subject to the requirements of the planning director.

(5)

Political signs, either free-standing or window sign may be displayed up to ninety (90) days prior to the elections and shall be removed within ten (10) days afterwards. Political signs are not subject to the written request requirement. Should the signs not be removed within the specified time frame, city staff shall remove the signs and charge the cost of removal to the candidate.

(6)

Temporary promotional banner sign advertising a product, new business, new management, sale or grand opening—one such sign may be displayed per business subject to the general requirements in section 111.67.06(a). Such sign shall not exceed thirty-two (32) square feet in size; shall be mounted on the face of the building, shall not occupy a portion of other business nor be placed off-site or above the roof line. Businesses having two (2) frontages may place two (2) such signs, one for each frontage, not to exceed a total of forty-eight (48) square feet of combined area. However, neither one of the banners may exceed thirty-two (32) square feet in area. Promotional banners may be displayed up to one hundred twenty (120)

days per calendar year, but no longer than sixty (60) consecutive days at any one time, and a minimum of thirty (30) days before the next time the banner is displayed. Said banner shall be kept in good condition at all times. There shall be no extensions granted past the one hundred twenty (120) days.

(7)

Temporary devices such as flags, streamers, pennants, and balloons are permitted, except for metallic or mylar balloons, giant inflatables such as hot air balloon signs or promotional display balloons, subject to the general requirements in section 11-1.67.06(a), for a maximum of four (4) events per calendar year not to exceed a total of ten (10) days per event. Events may not be combined or consecutive.

(a)

Automobile, boat or motorcycle dealerships may display pennants or flags or pleated fan signs for a continuous basis in their outdoor display area. Such devices may not be placed in a public right-of-way.

(8)

Holiday displays - in addition to the allowed temporary signs and window signs, holiday decorations including string lights may be displayed between forty-five (45) days prior to and fifteen (15) days after December 25. Such display shall be placed against the glass or building surface and not project above the roof line. Holiday displays are not subject to the written request requirement. However, the city may abate such display should it become a nuisance and/or in non-compliance with this subsection. Holiday displays may not advertise a product, sale or other promotional message.

(9)

Bench signs-subject to approval of the planning director.

(Ord. No. 562, § 2, 5-20-96)

Article 68. - Special Development Standards

Sec. 11-1.68.01. - Performance standards.

In addition to Article 60, the following performance standards shall apply to all existing or proposed uses or portion thereof, permitted in each zone where such use is located.

(Ord. No. 498, § 2, 7-20-92)

Sec. 11-1.68.02. - Fence, wall, gate, and other screening device height standards in commercial zones.

Except as otherwise permitted in this chapter, the following requirements apply to fences, walls, gates, and other screening devices:

a.

Fences, walls, gates, and other screening devices within the front yard or along the frontage of any property in a commercial zone shall not exceed forty-two (42) inches in height.

b.

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

c.

Fences, walls, gates, and other screening devices shall be erected to not create visual obstruction of vehicular and pedestrian traffic.

d.

The height shall be measured from the side with the higher finished grade.

e.

Deviations from height requirements may be made subject to "site plan review" and "modification" approval per article 70 of this chapter.

(Ord. No. 813, § 2, 7-7-20)

Editor's note— Ord. No. 724, § 2(pt. 3), adopted May 18, 2009, repealed § 11-1.68.02, which pertained to fences and walls and derived from Ord. No. 454, § 1, adopted Dec. 4, 1989; and Ord. No. 591, § 1, adopted May 4, 1998.

Subsequently, Ord. No. 813, § 2, adopted July 7, 2020, enacted new provisions to read as herein set out.

Sec. 11-1.68.03. - Landscaping.

In all areas subject to landscaping as required herein, the landscaping shall be developed in accordance with the provisions of this Article, Article 66, "Off-Street Parking, Storage and Loading", and Article 70, "Zoning Ordinance Administration".

1.

Dimension: Three (3) feet shall be the minimum horizontal width of any required landscaping area or any form of fixed planter box, unless specified otherwise in the zone in which such landscaping is located.

2.

Screening: Where plants are used for screening, such screening shall consist of the use of evergreen shrubs, closely spaced and maintained at a height not to exceed the heights of walls permitted in the same location.

3.

Maintenance: Required landscaped areas and landscaping shall be maintained in a neat, clean and healthful condition. This shall include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and the regular watering of all plantings. Property owners shall regularly trim trees, shrubs and other similar landscape material adjacent to public sidewalks and streets to maintain adequate clearance for pedestrian and vehicular traffic.

4.

Residential front yards: Except as otherwise provided in this chapter, builders shall landscape the front yards of residential buildings and property owners shall maintain the front yards of said dwellings to the satisfaction of the city. "To the satisfaction of the city" shall mean that the city has approved the landscape materials and irrigation system and that at least fifty (50) percent of the front yard is landscaped.

(Ord. No. 498, § 2, 7-20-92; Ord. No. 660, § 1, 10-20-03; Ord. No. 733, § 2(pt. 2), 9-7-10)

Sec. 11-1.68.04. - Assembly halls.

In all zones where assembly halls are permitted, the following development standards are required for new assembly halls:

(1)

Parking Lot Facilities:

(a)

Landscaping for parking lots for new assembly halls shall be provided as required in Article 66.

(b)

A six-foot-high perimeter masonry wall shall be required adjacent to residential uses. Walls adjacent to commercial or industrial uses shall be required at the discretion of the planning commission.

(2)

Religious facilities legally existing on Jan. 7, 1991, shall not be declared nonconforming with reference to standards contained in this section. Additions to such religious facilities may be approved by the planning

commission.

(Ord. No. 473, § 1, 1-7-91; Ord. No. 748, § 2(pt. 22), 1-17-12)

Sec. 11-1.68.05. - Illumination of glass and outlining of buildings in commercial and manufacturing zones.

Neon tubing, color bands, string lights, outline lighting of buildings when used to accent any glass surfaces or illuminate the outline of a building and which do not display a written message or is not in any way connected to a business name, sign or product shall be considered architectural embellishment and may be permitted subject to the following provisions:

(1)

All architectural features and embellishments shall be reviewed and approved by the planning director.

(2)

Drawings showing elevations and locations of such features including type of lighting and color shall be submitted to the planning director.

(3)

An electrical permit shall be required and all electrical components to lights shall be UL certified and installed per installation specifications.

(4)

Each phase of the system that requires inspection shall be left open and uncovered until approved by the building inspector.

(5)

For illuminated architectural features including neon tubing, string lights, outline lighting and similar devices, only one (1) such band/tube may be strung to outline either the roof line or other part of the outside of the building.

(6)

In windows or any glass surface, only one (1) /tube per such surface may be permitted.

(7)

The use of neon tubing, string lights and similar devices shall not be combined with other reflecting materials such as mirrors, polished metals and other similar materials.

(8)

Neon tubing, string lights or other illuminated architectural embellishments shall be designed to accommodate a dimmer.

(9)

Neon tubing, string lights and other illuminated architectural embellishments shall not blink, move, rotate or indicate any motion except when permitted for holiday displays.

(10)

The colors used should be compatible with the colors of the building, signs and other elements of the subject property and properties adjacent thereto.

(11)

Planning commission review/determination shall be required under the site plan review process for requests which do not meet the above conditions.

(Ord. No. 551, § 2, 8-7-95)

(1)

Purpose. The purpose of this section is to permit and encourage outdoor dining that is compatible with other uses of the public sidewalk and surrounding land uses. Outdoor dining encourages a pedestrianoriented environment and helps to create a visually attractive atmosphere and streetscape.

(2)

Permit required.

(a)

A permit shall be required for outdoor dining on public property.

(b)

A conditional use permit amendment may be required, within the community development director's discretion, for a business to expand operations beyond that specified by the existing, valid conditional use permit.

(3)

Location.

(a)

Outdoor dining may be considered for a business located within any commercial zone on adjacent private or public property.

(b)

Outdoor dining within the public right-of-way shall not be permitted along state highways (Pacific Coast Highway-SR 1 and Western Avenue-SR 213) unless approval is granted by Caltrans.

(c)

Outdoor dining is only permitted at businesses with a full kitchen.

(4)

Procedure/review. The community development director shall consider all applications for outdoor dining. Applications for outdoor dining within the public right-of-way shall also be reviewed by the public works director.

(5)

Application submittal requirements.

(a)

Completion of a general planning application form requesting outdoor dining.

(b)

For outdoor dining in the public right-of-way, a revocable license agreement shall be signed by the property and/or business owners.

(c)

A dimensioned site plan indicating location of tables, chairs, etc. and size in square feet of the outdoor dining area.

(d)

A photo(s)/elevation of proposed tables, chairs, temporary walls, planters, etc. shall be submitted with the application for city review.

(e)

The business and property owner shall acknowledge the city's right to enter the encroachment area to inspect, replace, repair, or maintain public facilities above, on, or under the right-of-way and the business and property owner expressly waives any and all claims for damages to its encroachment resulting from such actions.

(f)

Other information as required by the community development director.

(g)

Should a permit for outdoor dining be approved, a final inspection shall be made by the city's code enforcement officer to verify compliance with the approved plans.

(h)

An administrative application fee set by resolution of the city council for an outdoor dining encroachment permit shall be paid to the city.

(6)

Development standards.

(a)

The outdoor dining area shall be located in a manner which will not interfere with visibility, vehicular or pedestrian mobility, or access to city or public utility facilities. The determination of whether an outdoor dining area or any part thereof interferes shall be made by the public works director at the time of application review based on the characteristics of each proposed site.

(b)

The outdoor dining area and its ingress and egress shall be designed in compliance with applicable law, including, but not limited to, the Americans with Disabilities Act.

(c)

The outdoor dining area shall be located adjacent to the business. A business may only use a portion of an adjacent business' frontage to expand its outdoor dining area if it submits a letter signed by the current property owner agreeing to the use of the frontage.

(d)

A minimum sidewalk width of six (6) feet shall be maintained for pedestrians.

(e)

Off-street parking shall be provided at one parking space for each one hundred fifty (150) square feet of outdoor dining area.

(f)

Any parking space located within three (3) feet of the outdoor dining area shall include a wheel stop.

(g)

For outdoor dining within the public right-of-way, the dining infrastructure shall be temporary, such that all tables and chairs may be removed daily. Planters, fencing, and other lines of demarcation between the outdoor dining area and pedestrian path of travel are allowed only if the materials can easily be removed at the request of the city for special events or required maintenance. The height of these installations shall not exceed three (3) feet from the pedestrian surface to the top of the planter or other physical barrier.

(h)

The design, quality, materials, and colors used for chairs, tables, lighting and other similar items shall complement the architectural style and colors used on the adjacent building.

(i)

Canopies attached to the building or the ground are only permitted over private property, may extend no further than the outer limits of the approved outdoor dining area, and must be approved only by the planning commission through site plan review pursuant to title XI, chapter 1, article 70 of this Code.

(j)

Umbrellas are permitted only if they do not obstruct the public right-of-way or walkway and do not contain advertising. Umbrella material shall be fire-retardant or fire-resistant material. A tent or other temporary shelter is not permitted.

(k)

Portable heaters are permitted if outdoor-approved, located in accordance with the manufacturer's recommendations, and located at least two (2) feet from the edge of any umbrella canvas, tree foliage, or any other flammable object or material. Heaters are not operated under umbrellas.

(l)

Lighting is required for an outdoor dining area in operation after sunset. Any lighting fixtures must be decorative and complement the architectural character of the building and area. Lights mounted on the building shall not cause direct glare or other visual obstruction to pedestrians or vehicle drivers along the street and public walkway, and must illuminate only the outdoor dining area and sidewalk area.

(m)

Trash facilities and any utility infrastructure shall be screened from public view.

(n)

The outdoor dining hours of operation shall not extend beyond the hours of operation of the associated restaurant.

(o)

The outdoor dining area must comply with the noise limits provided in section 4-4.04 of this Code.

(p)

Outdoor cooking, live music, and other uses beyond customer dining are not permitted without prior city approval of a special event permit regardless of the number of expected attendees.

(q)

Smoking is prohibited in all outdoor dining areas. Violators may be subject to a fine.

(r)

The sidewalk and all items associated with the outdoor dining permit shall be maintained in a clean and orderly condition, free of litter, debris, and graffiti. Any graffiti shall be removed within forty-eight (48) hours.

(7)

Denial, revocation, or appeal of permit.

(a)

The decision of the community development director may be appealed to the planning commission within fifteen (15) days of the date of the decision.

(b)

Violations of the standards within this section shall be cause for the city to revoke the outdoor dining permit. The community development director shall provide notice to an affected business owner for all revocations with reasons for the revocation stated therein. The business owner may make a written request

to the community development director for reconsideration of the outdoor dining permit and the actions proposed to correct any violations. The community development director may consider the request or defer action to the planning commission.

(Ord. No. 568, § 2, 10-21-96; Ord. No. 679, pt. 1, 10-3-05; Ord. No. 853, § 4(A), 5-16-23)

In all zones where hotels and motor inns are permitted, the following development standards are required for new facilities and for existing facilities proposed for expansion:

(1)

Lot area and street frontage.

a.

A minimum lot area of three (3) acres is required.

b.

A minimum street frontage of five hundred (500) feet is required. On a corner parcel the main street frontage must be at least three hundred sixty (360) feet long.

(2)

Rental units. All hotels and motor inns shall have at least one hundred (100) sleeping units. A manager's living unit shall count as one (1) unit. The planning commission may approve cooking facilities for a portion of the sleeping rooms but the rooms shall not be intended or used for longterm residential purposes.

(3)

Accessory facilities.

a.

A full-service restaurant with a minimum occupant load of one hundred (100) persons is required.

b.

Meeting rooms and/or banquet rooms with a cumulative occupant load of two hundred (200) persons are required.

c.

The planning commission may permit other accessory facilities such as, but not limited to, beauty shops, swimming pools and gift shops.

(4)

Setbacks.

a.

The main building shall maintain a landscaped setback of ten (10) feet from a highway right-of-way. For each floor or story above the first floor an additional five (5) feet of landscaped setback is required. The planning commission may approve single-story encroachments into this setback by portions of a main building, which may contain a restaurant, gift shop or other accessory uses. Sleeping rooms shall not be allowed within ten (10) feet of a highway right-of-way.

b.

There shall be a landscaped street side setback of at least five (5) feet from the right-of-way.

c.

No building or part of a building used for a hotel or motor inn shall be nearer than twenty-five (25) feet to the property line of a residentially used or residentially zoned property. For each floor or story above the first floor an additional five (5) feet of separation is required. No setback is required from commercially used property except as required by the building code or the fire code.

d.

A landscape plan in compliance with the city's water conservation ordinance shall be required.

(5)

Parking. Parking facilities including driveway aisles and approaches, lighting and landscaping shall be provided as required in Article 66.

(6)

Insulation. Hotels and motels facing Pacific Coast Highway shall provide insulation necessary to limit highway and other ambient noise within the sleeping rooms to 65 dB CNEL or less.

(7)

Architecture.

a.

Buildings must have consistent materials and details on all sides. Detailing of doors, windows, eaves and other features must be the same on all sides of the buildings.

b.

The planning commission shall approve an acceptable architectural device to screen air conditioning equipment, antennas and similar rooftop mechanical equipment.

c.

Street facades should have both vertical and horizontal articulation achieved through columns, arches, windows, balconies, crowns and other similar features.

d.

The use of awnings, trellises and arbors to accent a building design is encouraged.

(8)

Trash facilities. Trash facilities shall be in located in the building or completely enclosed and located so as to not cause adverse noise and odor impacts for neighboring properties. The area devoted to trash facilities shall be sufficient for separating recyclable materials.

(Ord. No. 637, § 4, 3-19-01)

In all zones where thrift stores are permitted, the following development standards are required for new facilities and for existing facilities proposed for expansion:

(1)

The use shall be located at least one thousand (1,000) feet from all existing thrift stores.

(2)

The storefront windows shall be permanently maintained as displays of merchandise in a professional and attractive manner (i.e., unsightly clothing racks and displays shall not be placed adjacent to the windows).

(3)

The subject property shall be maintained free of trash and debris.

(4)

A designated area inside the building will be established for the receipt, sorting and processing of goods and donated goods will only be accepted during regular business hours.

(5)

Signage prohibiting dumping of merchandise during non-business hours shall be installed in conspicuous locations to the satisfaction of the community development director or his/her designee indicating penalties and fines for such activity.

(Ord. No. 696, pt. 7, 12-18-06)

Sec. 11-1.68.09. - Emergency shelters.

1.

Each resident shall be provided a minimum of seventy-five (75) gross square feet of personal living space per person, not including space for common areas.

2.

Off-street parking shall be provided at a rate of one (1) parking space per five (5) adult beds, plus one (1) parking space per employee on the largest shift. The facility shall also provide secure bicycle parking.

3.

Outdoor activities such as recreation, drop-off and pick-up of residents, or similar activities may be conducted at the facility. Staging for drop-off, intake, and pick-up should take place inside a building, at a rear or side entrance, or inner courtyard. Emergency shelter plans must show the size and location of any proposed waiting or resident intake areas, interior or exterior.

4.

Hours of intake shall be between the hours of 3:00 p.m. to 9:00 p.m. No release before 7:00 a.m.

5.

Prior to commencing operation, the emergency shelter provider must have a written management plan, which shall be approved by the Community Development Director. The management plan must include, but is not limited to, provisions for staff training, resident identification process, neighborhood outreach, policies regarding pets, the timing and placement of outdoor activities, temporary storage of residents' personal belongings, safety and security, loitering control, management of outdoor areas, screening of residents to ensure compatibility with services provided at the facility, and training, counseling and social service programs for residents, as applicable.

6.

The operator of the facility shall provide, at the City's request, an annual report of the use of the facility and determination of compliance with the City's development standards for the use.

7.

No more than one (1) emergency shelter is permitted within a radius of three hundred (300) feet from another emergency shelter.

Individual occupancy in an emergency shelter is limited to ninety (90) days in any twelve-month period.

9.

Exterior lighting shall be provided at all building entrances and outdoor activity areas, and shall be activated between sunset and sunrise of each day. All exterior lighting shall by approved by the Community Development Director.

10.

Each emergency shelter shall have an on-site management office, with at least one (1) employee present at all times the emergency shelter is in operation or is occupied by at least one (1) resident.

11.

Each emergency shelter shall have on-site security employees, with at least one (1) security employee present at all times the emergency shelter is in operation or is occupied by at least one (1) resident.

12.

A Security Plan shall be submitted to the LA County Sheriff's Department (Lomita Division) for approval and must be approved before the facility begins operation and annually thereafter.

13.

Facilities must provide a storage area for refuse and recyclables that is enclosed by a six-foot high landscape screen, solid wall or fence, which is accessible to collection vehicles on one (1) side. It must be large enough to accommodate the number of bins that are required to provide the facility with sufficient service so as to avoid the overflow of material outside of the bins provided.

14.

The emergency shelter facility may provide one (1) or more of the following specific facilities and services, including but not limited to:

a.

Commercial kitchen facilities designed and operated in compliance with the California Retail Food Code;

b.

Dining area;

c.

Laundry;

d.

Recreation room;

e.

Support services (e.g., training, counseling); and

f.

Child Care Facilities.

15.

Applications for emergency shelters shall be submitted to the Community Development Director, and if the application meets all applicable standards, including design, development, and any other state or local requirement, the application shall be approved administratively by the Director.

(Ord. No. 759, § 2, 7-1-13)

Sec. 11-1.68.10. - Single-room occupancy units (SRO).

1.

Management. A single-room occupancy management plan shall be submitted to, reviewed, and approved by the Community Development Director. The management plan shall be comprehensive and contain management policies and operations, rental procedures and rates, maintenance plans, residency and guest rules and procedures, security procedures, and staffing needs, including job descriptions. A 24-hour resident manager shall be provided for any single-room occupancy use with five (5) or more units.

2.

Off-street parking must be provided at a rate of one (1) parking space per two (2) units, inclusive of guest parking.

3.

The building shall contain a minimum of two hundred fifty (250) square feet of common space such as recreation areas, lounges, and living spaces. An additional ten (10) square feet of common space is required per rooming unit over eleven (11). Bathrooms, laundries, hallways, the main lobby, vending areas, and kitchens shall not be counted as common space.

4.

Garbage receptacles are to be provided by the property owner. Garbage receptacles must be located on the lot or property in a manner that does not hinder access to any required off-street parking or loading spaces.

5.

Each unit shall be provided a kitchen sink with a garbage disposal, serviced with hot and cold water, and a counter top measuring a minimum of eighteen (18) inches wide by twenty-four (24) inches deep. If each individual unit is not provided with a minimum of a refrigerator and a microwave oven, a complete kitchen facility available for residents shall be provided on each floor of the structure.

6.

For each unit a private toilet in an enclosed compartment with a door shall be provided. This compartment shall be a minimum of fifteen (15) square feet. If private bathing facilities are not provided for each unit, shared shower or bathtub facilities shall be provided at a ratio of one (1) for every five (5) units or fraction thereof. The shared shower or bathtub facility shall be on the same floor as the units it is intended to serve and shall be accessible from a common area or hallway. Each shared shower or bathtub facility shall be provided with an interior lockable door.

(Ord. No. 759, § 2, 7-1-13)

Sec. 11-1.68.11. - Low-barrier navigation centers.

In all zones where low barrier navigation centers (hereafter referred to as "LBNCs," and each singularly an "LBNC") are permitted, the following development standards are required for new facilities and for existing facilities proposed for expansion:

(1)

Separation. No LBNC may be established or operated at any location that is less than one thousand (1,000) feet from another LBNC.

(2)

Operational services. As required by Government Code section 65662, each LBNC must satisfy all of the following:

a.

It offers services to connect people to permanent housing through a services plan that identifies services staffing.

b.

It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to section 576.400(d) or section 578.7(a)(8), as applicable, of title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

c.

It complies with chapter 6.5 (commencing with section 8255) of division 8 of the Welfare and Institutions Code.

d.

It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local homeless management information system as defined by section 578.3 of title

24 of the Code of Federal Regulations.

(3)

On-site personnel. Each LBNC must provide both of the following:

a.

At least one qualified on-site manager at all times for each twenty (20) occupants; and

b.

At least one qualified attendant at all times for each twenty (20) occupants.

(4)

Floor area; beds. The maximum number of beds per LBNC may not exceed one bed for every fifty (50) square feet of floor area used for sleeping purposes.

(5)

Objective development standards. Low barrier navigation centers must comply with all objective site, design, and construction standards included in title 15 (buildings and construction), title 16 (subdivisions), and title 17 (zoning) of this Code as well as any objective design guidelines included in applicable specific plans or otherwise adopted by the city council.

(6)

Application. LBNC applications will be reviewed and processed ministerially—without discretionary review or a hearing—in accordance with the timelines set forth in Government Code section 65664, as it may be amended from time to time.

(7)

Sunset.

a.

Subject to subsection (7)(2) below, this section shall remain in effect until January 1, 2027, and as of that date is repealed.

b.

If the legislature amends Government Code section 65668 to extend the effective date of Government Code section 65660 et seq., then this section shall remain in effect until the date on which Government Code section 65660 et seq. is repealed.

(Ord. No. 845, § 4(D), 3-21-23)

Sec. 11-1.68.12. - Murals.

(a)

A mural shall be permitted within any zoning district only by site plan review and approval by the planning commission and must comply with the following requirements:

(1)

Murals may not interfere with pedestrian or traveler safety.

(2)

Murals shall not be used to advertise a particular business establishment or property and shall not include trademarks, company logos, or advertising copy, except logos which are determined by the planning commission to have historical significance.

(b)

Murals are not considered signage thus are not subject to the maximum sign area.

(c)

As part of its review of a mural, the planning commission shall:

(1)

Establish appropriate requirements for the use of long-lasting paint, ultraviolet coating protection, and/or a medium preventative of vandalism, theft, and weather impact.

(2)

Require provisions for alterations and maintenance, including a required minimum length of time for maintenance, otherwise the property owner is subject to the administrative citations and penalties provisions in title 1, chapter 5 of this Code.

(3)

Establish insurance requirements.

(Ord. No. 855, § 4(D), 9-5-23)

PART 6.9. - WIRELESS COMMUNICATIONS FACILITIES

Article 69. - Wireless Communications Facilities

Sec. 11-1.69.00. - Purpose and intent.

The purpose and intent of this Article is to provide uniform and comprehensive standards for the development of wireless communications facilities while minimizing the aesthetic impacts through the use of carefully chosen location and design criteria. The regulations and guidelines contained herein are designed to protect and promote public health, safety, general welfare, and aesthetic qualities within the community.

More specifically, the regulations contained herein are intended to:

(A)

Encourage the location of antennas in non-residential areas;

(B)

Strongly encourage collocation at new and existing antenna sites; and

(C)

Encourage telecom facilities to be located in areas where adverse impacts to the community and on public views are minimized.

The provisions of this Article are not intended and must not be interpreted to prohibit or to have the effect of prohibiting wireless communications facilities. This Article must not be applied in such a manner as to unreasonably discriminate among providers of functionally equivalent wireless communications services.

(Ord. No. 708, pt. 1, 9-17-07)

Accessory equipment shall mean any equipment building, shelter, or cabinet serving or being used in conjunction with a wireless communications facility or support structure. This equipment includes, but is

not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, and shelters or other structures associated with the operation of a wireless communications facility or support structure.

Amateur radio service shall mean a noncommercial, two-way radio communications service operated by licensed amateurs using shared frequencies.

Antenna or antenna structure shall mean any structure or device used to transmit or receive radio or electromagnetic waves between terrestrially or satellite-based systems and includes, but is not limited to parabolic, panel, rectangular, directional, omni-directional, whip, and microwave antennas.

Camouflage shall mean technologies and/or techniques applied to any wireless communications facility designed to camouflage or blend the facility with the surrounding environment and land uses, minimize aesthetic impact on adjacent uses, and conceal the intended use and appearance of the structures.

Carrier shall mean a commercial company that is engaged in the provision of communications services.

Collocation facility means the placement or installation of wireless facilities, including antennas, and related equipment, on, or immediately adjacent to, an existing wireless communication facility.

Enhanced 911 emergency calling systems (E911) shall mean a service which allows public safety personnel, including police and fire departments, to automatically identify the phone number and location of a person making an emergency call from a mobile source.

Facade-mounted antenna shall mean any antenna directly mounted to the fascia or sidewall of a building that is camouflage-designed to blend into the architectural design of the wall. The building must serve a primary use other than as a site for a wireless communications facility.

Facility shall mean a communications facility that transmits and/or receives electromagnetic signals which include, but is not limited to: the combination of antennas, transmitters, masts, cabinets, and equipment rooms; communications towers, monopoles, or similar structures supporting said equipment; screening devices including walls and landscaping; and parking area and other accessory development.

Federal Communication Commission (FCC) shall mean the governmental agency responsible for regulating wireless communications in the United States.

Ground-mounted facility shall mean any wireless communications facility in which the antennas are located on a freestanding pole or structure, other than a building, attached to the ground. These antennas do not use a building or ancillary structure(s) for mounting purposes.

Height shall mean the distance measured from the natural grade below the center of the base of the structure to the top of the structure itself or, if higher, the tip of the highest antenna or piece of equipment attached thereto.

Institutional and public land uses shall mean the use of land developed or to be developed with any of the following or similar public buildings or uses owned by a public or nonprofit agency: office, libraries, playgrounds, parks, assembly halls, police stations, fire station, religious facilities, schools, hospitals or rest homes.

Major wireless communications facility shall mean a facility that is ground-mounted, or is wall-mounted, utility-mounted, or roof-mounted. Any facility located within a residential zone is considered a major wireless communications facility.

Minor wireless communications facility shall mean a wall-, utility-, building-mounted, or collocated facility that is camouflaged. Enhanced 911 emergency calling systems (E911) required by the Federal Communications Commission are considered minor wireless communications facilities if they are camouflaged and blend into the design of an existing building-mounted or freestanding facility.

Monopole shall mean a single, freestanding pole-type structure supporting one (1) or more antennas.

Noncamouflage shall mean any facility not camouflaged in a readily apparent manner to blend with surrounding land uses and features. The design does not conceal the intended use of the facility and incorporates no readily apparent elements of camouflage technology or design. A standard monopole with equipment cabinets aboveground and unscreened would be considered noncamouflage.

Roof-mounted antenna shall mean any antenna that is directly attached or affixed to the roof of a building or a mechanical penthouse or parapet enclosure wall which is located on the rooftop of a building.

Personal communications services (PCS) shall mean a two-way voice and digital wireless communications system. PCS encompasses cordless phones, cellular mobile phone paging systems, personal communications networks, wireless office phone systems and any other wireless communications systems that allow people to place and receive voice/data calls while away from home and office.

Support structure shall mean any structure that is used to support one (1) or more antennas for communications purposes, including. without limitation, self-supporting towers, monopoles, monotrees, or any other structural means used to camouflage and support the communications facility.

Tower shall mean any structure, or support thereto, that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including self-supporting lattice towers, guyed towers, or monopoles. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like.

Utility-mounted antenna shall mean any antenna mounted to an existing above-ground structure specifically designed and originally installed to support electrical power lines, cable television lines, street lighting, or traffic signal equipment.

Wireless communications facility means equipment and network components such as towers, utility poles, transmitters, base stations, and emergency power systems that are integral to providing wireless telecommunications services.

Wireless communications collocation facility means a wireless telecommunications facility that includes collocation facilities.

(Ord. No. 708, pt. 1, 9-17-07; Ord. No. 748, § 2(pt. 23), 1-17-12)

Sec. 11-1.69.02. - Applicability.

The procedures and rules set forth in this Article are applicable to all wireless communication facilities. The following are allowed in all zones and exempt from permit requirements, provided they meet all other zoning regulations and the requirements set forth:

(A)

Over-the-air reception devices.

1.

A "dish" antenna that is one (1) meter (39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite.

2.

An antenna that is one (1) meter (39.37 inches) or less in diameter or diagonal measurement and is designed to receive video programming services via broadband radio service (wireless cable) or to receive or transmit fixed wireless signals other than via satellite.

3.

An antenna that is designed to receive local television and radio broadcast signals with a mast height less than twelve (12) feet above the roofline. Masts higher than twelve (12) feet above the roofline are subject to

approval by the community development director. Further, masts that extend beyond an exclusive use area are not permitted.

(B)

Public safety facilities, used only for public safety functions, including transmitters, repeaters, and remote cameras so long as the facilities are designed to match the supporting structure.

(C)

Wireless communications facilities accessory to other publicly owned or operated equipment for data acquisition such as traffic signal controls.

(D)

Wireless communications facilities erected and operated for emergency situations, as designated by the community development director, so long as the facility is removed at the conclusion of the emergency.

(Ord. No. 708, pt. 1, 9-17-07)

Sec. 11-1.69.03. - Major wireless communications facility permit.

(A)

Including those facilities erected prior to this Article, no major wireless communications facility may be constructed, replaced, or modified without first obtaining, or modifying an existing major wireless communications facility permit.

(B)

Major wireless communication facility permit applications shall be subject to review and approval by the planning commission. In considering applications for major wireless communications facilities, the planning commission shall be guided by the provisions within this Article. The decision 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. 708, pt. 1, 9-17-07; Ord. No. 733, § 2(pt. 2), 9-7-10)

Sec. 11-1.69.04. - Minor wireless communications facility permit.

Including those facilities erected prior to this Article, no minor wireless communications facility may be constructed, replaced, or modified without first obtaining, or modifying an existing minor wireless communications facility permit.

(A)

Minor wireless communications facility permit applications shall be subject to administrative review and approval by the community development director. In considering applications for minor wireless communications facility permits, the community development director shall be guided by the provisions of this Article.

(B)

Collocation facilities shall incorporate any mitigation measures adopted with the original site approval in compliance with the California Environmental Quality Act, division 13, commencing with section 21000 of the Public Resources Code. The requirements of Public Resources Code § 21166 do not apply.

(C)

The community development director shall render a decision in writing, with findings and conditions, subsequent to receipt of a complete application. The community development director's decision shall be final unless a written appeal is filed pursuant to Article 70 (Zoning Ordinance Administration).

(Ord. No. 708, pt. 1, 9-17-07; Ord. No. 733, § 2(pt. 2), 9-7-10)

Sec. 11-1.69.05. - Application requirements.

The following information shall be provided concurrently with any wireless communications facility permit application. The community development director may hire a third-party independent engineer to evaluate any technical aspect of the application. The applicant shall be responsible for paying all costs associated with this analysis.

(A)

Site plan, floor plans, and elevations. A minimum of thirteen (13) sets of scaled architectural drawings, folded to eight and one-half (8½) inches × eleven (11) inches shall be required with each application. One (1) reduced set of plans, reduced to eight and one-half ( 8½) inches × eleven (11) inches shall also be required.

(B)

Landscape and irrigation plan (if required). A landscape and irrigation plan, drawn to scale, indicating size, spacing and type of plantings required. The plan should detail how the proposed landscaping meets the visual impact standards of this Article.

(C)

Easements. All easements shall be shown on the final plans and recorded with the county clerk.

(D)

Visual Simulation(s). Visual simulation(s) showing "before" and "after" views of the proposed facility. Consideration shall be given to views from both public areas and private residences. Simulations shall include proposed color and finish treatments of structures under consideration.

(E)

Federal Communication Commission (FCC) coordination. Statements regarding the application's compliance with the regulations of the FCC, or a statement from the applicant that compliance is not necessary, and the reasons therefore.

(F)

Monopole structural certification. Proposed monopoles shall be certified by a professional structural engineer licensed in the state to meet any structural standards for steel antenna towers and structures set in the electronic industries association/telecommunications industries association standards referenced as EIA/TIA-222-E and as amended.

(G)

Security plan. A security plan which includes emergency contact information and procedures, main breaker switch location, and any other information as required by this Article and/or the community development director.

(H)

Maintenance program. A description of the anticipated maintenance program.

(I)

Supporting materials. Additional supporting materials necessary to establish compliance with the Article.

(J)

Wireless communications permit fee. The required major or minor wireless communications permit fee shall be provided at the time of application submittal. Costs for outside consultant reviews may be required by the community development director in accordance with section 11-1.69.10.

(K)

[Grounds for revocation.] Any fraudulent, false or misleading information submitted to the City by the applicant in connection with an approved application is grounds for revocation of the permit at any time by the city.

(Ord. No. 708, pt. 1, 9-17-07)

Sec. 11-1.69.06. - Balloon test.

If a tower exceeds the height limit in the requested zone, the director of the community development department may require the applicant to fly a four-foot-diameter brightly colored balloon at the location and maximum elevation of any proposed tower or freestanding structure. If a balloon test is required, the following procedure shall apply:

(A)

Advertise the date, time, and location of this balloon test at least seven (7) days in advance of the test in a newspaper with a general circulation in the city.

(B)

The applicant shall inform the director of the community development department in writing, of the date, time and location of the test, at least fifteen (15) days in advance of the test.

(C)

The balloon shall be flown for at least eight (8) consecutive daylight hours on two (2) days. If visibility and weather conditions are inadequate for observers to be able to clearly see the balloon test, further tests may be required by the city.

(Ord. No. 708, pt. 1, 9-17-07)

Sec. 11-1.69.07. - Design and development standards.

All wireless communication facilities regulated under this Article shall comply with the following design standards:

(A)

Setbacks.

1.

No wireless communication facility shall be located within or extend into the required setbacks established in the applicable zone. The planning commission may reduce required setbacks from property lines for wireless communications facilities upon determination that aesthetic impacts would be reduced or open space improved. However, in no instance shall the facility (including antennas and equipment) be located closer than five (5) feet to any property line.

2.

Antennas exceeding the height limit of the zoning district may have additional setback requirements as determined by the planning commission.

(B)

Monopole or towers.

1.

Monopoles and towers shall be located and designed to minimize visual impacts. Towers in highly visible locations must incorporate camouflage design techniques to conceal the tower to the maximum extent feasible. This may include art, sculpture, clock tower, flag pole, tree or any other appropriate and compatible visual form.

2.

Monopoles and towers shall be located on the rear half of the parcel, unless the planning commission determines that there is less of an aesthetic impact, or better health and public safety is achieved through an alternative location.

3.

Monopoles and towers shall not be permitted within three hundred (300) feet of an existing tower. The planning commission may modify this standard where it finds that cumulative visual impacts are not significant, and/or that the monopole or tower is necessary to provide services not possible through collocation on an existing tower or structure in the service area. The community development director may require an independent study, at the applicant's expense, for the basis for making such findings.

4.

Monopole structures shall not exceed four (4) feet in diameter unless the planning commission determines that a larger diameter is necessary to attain the proposed height and that the proposed height is necessary.

5.

Monopoles shall be of tapered design (e.g., three-foot base to one-half-foot top) with no climbing spikes.

(C)

Facade-mounted antennas.

1.

The lowest part of the antenna(s) shall be a minimum of sixteen (16) feet above grade.

2.

The antenna(s) and mountings shall not project more than twenty-four (24) inches from the building surface to which it is mounted.

3.

Antennas, connections, and supports shall be treated to match the texture and color scheme of the building, or as approved by the planning commission.

4.

Antennas and connections shall not project above the building facade.

5.

Accessory equipment shall be fully concealed from public view as provided in section 11-1.69.10(i).

(D)

Roof-mounted antennas.

1.

Roof-mounted antennas shall be located at the greatest feasible distance from the edge of the building.

2.

The antenna(s) and related equipment shall be fully screened from view or architecturally integrated into the building design.

3.

Roof mounted antennas and equipment facilities shall not extend more than ten (10) feet above the highest point of the roof top, as measured from immediately adjacent to the rooftop surface where the wireless antenna structures and associated equipment cabinets are located.

(E)

Height.

1.

Wireless communications facilities shall be limited to the maximum building height for the applicable zoning district, unless otherwise approved by the planning commission through the issuance of a major wireless facilities permit, and subject to the requirements in section 11-1.69.11 (Exceptions) of this Article.

2.

The height of a monopole, tower or other support structure shall be measured from the natural grade below the center of the base of the structure to the top of the structure itself or, if higher, the tip of the highest antenna or piece of equipment attached thereto.

(F)

Visual impact. The wireless communications facility shall be designed to have the least possible visual impact on the environment, taking into consideration technical, engineering, economic and other pertinent factors. Antennas clustered at the same site shall be of the same general design.

(G)

Camouflage design and screening of support equipment required. All accessory support equipment shall be screened by either placing it inside or integrating it into a primary structure, concealing it behind solid walls, and/or combining landscaping with architectural screening. The camouflage design shall utilize the architecture, color, texture and materials of other structures on the subject property or the structure to which it is mounted, and must appear to be an integral part of the adjacent building(s) and/or landscaping.

(H)

Landscaping.

1.

Where appropriate, any ground mounted facility or equipment shall use landscaping to reduce the visual impacts of the wireless communications facility.

2.

Existing landscaping in the vicinity of a wireless communications facility shall be protected from damage during and after the facility's construction. Where applicable, the applicant for a new wireless communications facility shall submit a tree protection plan to ensure compliance with this requirement.

3.

An automatic irrigation system shall be provided for all existing and proposed on-site and off-site landscaping.

4.

All existing and proposed on-site and off-site landscaping shall be maintained in a healthy condition.

5.

For monopoles, a perimeter landscaped buffer area(s) shall include at least one (1) row of trees or shrubs, not less than four feet in height at the time of planting.

(I)

Wiring. All electrical and equipment wiring shall be placed underground or concealed within the building or structure in which the facility shall be mounted.

(J)

Lighting. All wireless communications facilities, except exempt facilities, shall be unlit. A manually operated or motion-detector-controlled light above the equipment door may be used for maintenance purposes, or as required as a public-safety measure. All lighting must be provided in a manner designed to minimize glare and light overflow onto neighboring properties. This requirement is not intended to address interior structure lighting.

(K)

Maintenance. Backup generators shall only be operated during power outages and for testing and maintenance purposes on weekdays between the hours of 8:00 a.m. and 5:00 p.m.

(L)

Signs. A sign shall be visibly posted at the facility, stating twenty-four-hour emergency contact information, including name and address, for a representative of the service provider. All other signs or graphics all prohibited, except for those relating to public health and safety.

(M)

Utility-mounted facilities. A utility-mounted facility shall not extend horizontally more than thirty-six (36) inches from the existing utility pole or structure unless required by the California Public Utilities Commission or the utility pole owner.

(N)

Security fence/gate. A ground-mounted facility shall be secured from access by the general public with a fence, bollard or similar structure approved by the community development director. All fencing shall be decorative and compatible with the adjacent buildings and properties within the surrounding area. Security features shall be designed to resist graffiti, vandalism, and to facilitate easy removal of graffiti. Chain link, barbed wire, and concertina wire are prohibited.

(Ord. No. 708, pt. 1, 9-17-07)

Sec. 11-1.69.08. - Exceptions.

The design standards for setbacks and height listed in section 11-1.69.10 may be modified by not more than thirty (30) percent by the planning commission on approval of a major wireless facilities permit and if at least one of the following findings is made based on evidence submitted by the applicant:

(A)

Existing natural geographic conditions preclude an obstruction-free reception area and there is no other option, including relocation, available.

(B)

Relief from the development standards results in a more appropriate design which minimizes the visual impact of the facility.

(C)

The antenna height must be increased in order to accommodate the establishment of a collocation facility and there is no other option available.

(D)

Visual impacts are negligible because the facility is designed to architecturally integrate with the surrounding environment.

Independent review of the request, at the expense of the applicant, may be required by the community development director to substantiate the evidence submitted by the applicant.

(Ord. No. 708, pt. 1, 9-17-07)

Sec. 11-1.69.09. - Minor modifications to existing facilities.

Minor modifications to existing wireless communications facilities shall be subject to review and approval by the community development director.

Minor modifications include, but are not limited to; the replacement of a pre-existing antenna with a smaller antenna, installation of quieter equipment, or modifications that reduce visual impact to neighboring properties. To be considered a minor modification the following criteria must be met:

(A)

The overall monopole or antenna support structure height is not increased;

(B)

No ancillary features are added to the monopole other than the antennas, required safety equipment, and accessory equipment enclosures;

(C)

All conditions of approval for the previous facility have been met;

(D)

No required parking stalls are eliminated in conjunction with the placement of the additional accessory equipment; and

(E)

The addition or modification is designed to minimize visual impacts to the extent possible.

Additions or modifications to existing wireless communication facilities which do not meet all of the above criteria may be permitted subject to a new major or minor wireless communications facility permit.

(Ord. No. 708, pt. 1, 9-17-07)

From time to time the community development director may contract the services of a qualified outside consultant to supplement staff in the review of a proposed wireless communications facility. The use of outside consultants shall be at the applicant's expense. The costs of these services shall be in addition to all other applicable fees associated with the project.

(Ord. No. 708, pt. 1, 9-17-07)

Notices of a public hearing on any proposed wireless communications facility shall be provided in accordance with Article 70 (Zoning Ordinance Administration) of the Lomita Municipal Code.

(Ord. No. 708, pt. 1, 9-17-07; Ord. No. 733, § 2(pt. 2), 9-7-10)

Sec. 11-1.69.12. - Required findings.

The community development director or planning commission shall approve a wireless communications facility permit if affirmative findings can be made based upon the following criteria:

(A)

The proposed facility is located and designed in a manner that minimizes the visual impact on surrounding properties and from public streets.

(B)

The proposed facility provides camouflaging and screening in accordance with this Article.

(C)

The site has the appropriate zoning, dimensions, design, and configuration and is of a size and shape sufficient to meet the intent of this Article.

(D)

The proposed wireless communications facility is in compliance with all requirements of the FCC and the California Public Utilities Commission, and any other agency with authority to regulate such facilities.

(Ord. No. 708, pt. 1, 9-17-07)

Each communications service provider with a wireless communications facility shall obtain a city-issued business license prior to initiation of service.

(Ord. No. 708, pt. 1, 9-17-07)

Sec. 11-1.69.14. - Maintenance.

The site shall be maintained in a condition free of trash, debris, and refuse. All graffiti shall be removed by the service operator within seventy-two (72) hours of notification.

(Ord. No. 708, pt. 1, 9-17-07)

Sec. 11-1.69.15. - Temporary facilities.

The community development director may approve, for a period of up to ninety (90) days, a temporary communications facility while an approved communications facility is being constructed.

Terms:

(A)

The community development director may extend the ninety-day period at the request of the applicant for thirty-day intervals if the applicant can prove that there is a hardship that is delaying the issuance of permits for the permanent facility.

(B)

The temporary facility may only be approved if the permanent facility has a major or minor wireless permit and the project proponent has signed and returned a copy of the affidavit of acceptance of conditions of approval.

(C)

The community development director shall approve the actual location and design of the temporary facility consistent with the requirements of section 11-1.69-09 (Design and Development Standards).

(D)

The community development director shall have the authority to approve a temporary permit for wireless communications facilities needed during a declared emergency. Temporary facilities must be removed not later than ten (10) days after the conclusion of the declared emergency.

(Ord. No. 708, pt. 1, 9-17-07)

Sec. 11-1.69.16. - Expiration of permit.

All major and minor wireless communication facility permits shall expire ten (10) years after their approval date. At such time, the wireless antennas and all related equipment shall be removed from the site. However, the community development director shall grant an extension provided the service provider demonstrates that the antennas and related equipment are not using obsolete technology and are still in use.

(Ord. No. 708, pt. 1, 9-17-07)

(A)

wireless communications service providers shall fully comply with all provisions of this Article and with all conditions of approval related to any permit or approval granted under this Article. Failure to comply with all such provisions of this Article, and with any such conditions of approval, shall constitute grounds for revocation of such permit or approval. If a violation of a condition of approval is not remedied within a reasonable period, the community development director may schedule a public hearing before the planning commission to consider revocation of the permit(s) or approval granted under this Article pursuant to Article 70 of this Code. The decision of the planning commission may be appealed to the city council pursuant to Article 70 of this Code.

(B)

Any facility constructed in violation of this Article, or in violation of any part of this Code, is subject to immediate abatement.

(Ord. No. 708, pt. 1, 9-17-07; Ord. No. 733, § 2(pt. 2), 9-7-10)

Sec. 11-1.69.18. - Abandonment.

(A)

At such time that a licensed carrier plans to abandon or discontinue operation of a wireless communications facility, such carrier shall notify the community development department by certified U.S.

mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than thirty (30) days prior to abandonment or discontinuation of operations.

(B)

In the event that the permittee has failed to obtain the annual business license renewal required for the facility under this Code, the community development director may order an investigation to determine if the facility has been abandoned. The carrier shall receive written notice of the investigation and the subsequent determination. The date of mailing the notice of determination of abandonment shall constitute the date of abandonment.

(C)

Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless communications facility within one hundred eighty (180) days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not limited to:

(1)

Removal of antennas, mount, equipment shelters and security barriers from the subject property.

(2)

Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.

(3)

Restoring the location of the wireless communication facility to its natural conditions, except that any landscaping and grading shall remain in the after-condition.

(D)

If the abandoned wireless communication facility is collocated with another facility on the same structure, the community development director may also order an investigation to determine whether the other carrier has abandoned the facility. If the community development director determines that only one (1) of the collocated carriers has abandoned the facility, that carrier shall only be required to physically remove the abandoned portion of the facility to the extent it will not disturb the other carrier(s) service. If the community development director determines that removal of the abandoned portion of the facility is not feasible without creating a disturbance in service, the permittee shall not have to physically remove the facility until such time as removal is feasible.

(E)

If a carrier fails to remove a wireless communication facility in accordance with this section, the city shall have the authority to enter the subject property and physically remove the facility. The planning commission shall require the carrier to post a bond at the time of construction, in an amount sufficient to pay for all costs of removal, including restoration of the site to its prior condition, in the event the city must remove

the facility. The amount of such bond shall be rationally related to the cost of removal and the planning commission shall consider information provided by the carrier regarding the cost of removal.

(Ord. No. 708, pt. 1, 9-17-07)

PART 7. - ADMINISTRATION

Article 70. - Zoning Ordinance Administration[[26]]

Footnotes:

--- ( 26 ) ---

Editor's note— Ord. No. 733, § 2(pts. 1, 3) adopted Sept. 7, 2010, amended art. 70 in its entirety and enacted the provisions set out herein. Part 1 repealed the former art 70, which pertained to amendments. Part 3 enacted the new provisions.

Sec. 11-1.70.00. - Submission of application.

Any person requesting a Land Use Entitlement or Zoning Amendment shall file an application with the Community Development Department.

(Ord. No. 733, § 2(pt. 3), 9-7-10)

Sec. 11-1.70.01. - Reapplication.

The Community Development Department shall not accept any application requesting a Land Use Entitlement or Zoning Amendment for the same request, or substantially the same request, in any case where the City has taken a final action on a previous application within six (6) months prior thereto, unless the applicant demonstrates with substantial evidence that conditions have changed in a manner that was significant to the basis for the previous final action or the matter was denied without prejudice.

(Ord. No. 733, § 2(pt. 3), 9-7-10)

Sec. 11-1.70.02. - Fees.

Each applicant for a Land Use Entitlement or Zoning Amendment shall pay those fees and costs as established by resolution of the City Council of the City of Lomita.

(Ord. No. 733, § 2(pt. 3), 9-7-10)

Sec. 11-1.70.03. - Application review and environmental assessment.

(A)

[Required Material.] The Department shall review all applications for Zoning Amendments and Land Use Entitlements for completeness and accuracy before being accepted as complete. The Department shall consider an application complete provided that the following has been submitted:

All required application forms, documentation, exhibits, materials, and studies, including, but not limited to, all documents required under Land Use Entitlements herein. The accuracy of all information, maps and lists submitted shall be the responsibility of the applicant.

2.

All necessary fees and deposits.

(B)

Additional Information. After an application has been accepted as complete, the Director may require the applicant to submit additional information needed for the environmental review of the project or other items as deemed necessary to meet the requirements of this Title or applicable state law.

(C)

Referral of Application. At the discretion of the Director, or where otherwise required by this Zoning Ordinance, state, or federal law, any application may be referred to any City department, special district, or other public agency that may be affected by or have an interest in the proposed land use activity.

(D)

Environmental Assessment. All applications shall be reviewed, as required by the California Environmental Quality Act (CEQA), to determine whether:

1.

The proposed project is exempt from the requirements of CEQA;

2.

A negative declaration or mitigated negative declaration may be issued; or

3.

An environmental impact report (EIR) shall be required.

(E)

[Public Hearing.] Once the application is complete and all necessary environmental review completed, the item shall be scheduled for public hearing in accordance with the provisions of this Article.

(Ord. No. 733, § 2(pt. 3), 9-7-10)

Sec. 11-1.70.04. - Notice and public hearing.

(A)

Not less than ten (10) days before the date of any public hearing required under this Title, the Community Development Department shall give notice of the request. The notice shall have the following information:

1.

Time, date, and location for the public hearing;

2.

Brief description of the matter being considered;

3.

The general location of the property under consideration;

4.

If a proposed Negative Declaration or final Environmental Impact Report has been prepared for the project in compliance with CEQA, the hearing notice shall include a statement that the hearing body will also consider approval of the proposed Negative Declaration or certification of the final Environmental Impact Report; and

5.

And such other information as the Director deems necessary.

(B)

When a public hearing is required under this Title, notice of the hearing shall be given in compliance with state law (including without limitation Government Code Sections 65090, 65091, 65094, and 66451.3 and Public Resources Code Section 21000 et seq.). Unless otherwise required by law, the public hearing shall be noticed as follows:

1.

For all Legislative Amendments, the notice shall be posted at city hall and at least two other prominent public places that the Director determines to be appropriate, and published in a newspaper pursuant to Government Code Section 65090. For General Plan Amendments and adoption of or amendment to a Specific Plan affecting the permitted uses or intensity of use on the property, the notice shall also be given pursuant to Sections 2(a) and 2(e) below. For Zoning Ordinance Amendments that affect the permitted use of property, notice shall also be given pursuant to Sections 2(a) through 2(e) below.

2.

For all Land Use Entitlements and hearings on subdivisions held pursuant to Chapter 2 of this Title, the notice shall be mailed to:

(a)

The applicant, and to the owner of the subject real property if such individual is not the applicant;

(b)

All owners of real property as shown on the County's current equalized assessment roll, within a radius of three hundred (300) feet from the exterior boundaries of the area actually to be occupied by the use or development for which such applications are filed;

(c)

Any person who has filed a written request for notice with the Director and has paid any applicable fee for such notice;

(d)

Each local agency expected to provide water, sewage, schools, streets or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected; and

(e)

When required by Chapter 2 of this Title, any owner of a mineral right pertaining to the subject property as required under Government Code Section 65091(a)(2).

3.

In addition to the methods of noticing required by state law, above, the Director may provide any additional notice using any distribution method that the Director determines is necessary or desirable.

(C)

Public hearings shall be held at the time and place for which notice has been given in compliance with this Article. A hearing may be continued without additional mailed notice, provided that the chair announces the time and place to which the hearing will be continued, before the adjournment or recess. If posting of the site is required, notice of the continuance shall be posted on-site until the new date of hearing and shall remain in place until a decision on the application becomes final. The applicant shall remove the sign after that date.

(Ord. No. 733, § 2(pt. 3), 9-7-10)

(A)

Scope of Zoning Amendments. This Section provides procedures for the amendment of the General Plan, adoption and amendments to a Specific Plan, this Zoning Ordinance, and the Zoning Map. These amendments are collectively referred to herein as "Zoning Amendments." A General Plan Amendment may include revisions to actions, goals, land use designations, policies, or text. A specific plan and any amendments thereto systematically implement the General Plan for any area it covers, as provided in California Government Code section 65450 et seq. Amendments to this Zoning Ordinance may modify any procedures, provisions, requirements, or standards, applicable to the development, or use of property within the City, pursuant to California Government Code section 65800 et seq. A Zoning Map Amendment has the effect of rezoning property from one zoning district to another.

(B)

Initiation of Zoning Amendments.

1.

Zoning Amendments may be initiated by the City Council, the Planning Commission, or the Director, or by any person who files an application for a Zoning Amendment by submitting the following to the Community Development Department:

(a)

The applicable filing fee;

(b)

A complete application as described in Section 11-1.70.03(A);

(c)

Any information as requested by the Community Development Director or designee responsible for processing the application.

(C)

Zoning Amendment Procedures.

1.

Upon receipt of a complete application for a Zoning Amendment, or on initiation by Council or the Director, and following Department review, public hearings shall be set before the Commission and before the Council. Notice of the hearings shall be given in compliance with the Notice and Public Hearings section herein.

2.

Following the public hearing, the Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or deny the proposed amendment. The recommendation shall be by resolution and shall include the reasons for the recommendation and the relationship of the proposed Zoning Amendment to the General Plan.

3.

Upon receipt of the Commission's recommendation and following a public hearing, the Council shall approve, approve in modified form, refer back to the Commission for further consideration or deny the proposed amendment. If the Council proposes to adopt a substantial modification to the amendment not previously considered by the Commission during its hearings, the proposed modification shall be first referred back to the Commission for its recommendation, in compliance with state law (Government Code Sections 65356 [General Plan Amendments] and 65857 [Zoning Map/Ordinance Amendments]). Failure of

the Commission to report back to the Council within sixty (60) days after the referral, or within a longer time set by the Council, shall be deemed a recommendation for approval of the modification.

4.

A Specific Plan, Zoning Ordinance or Zoning Map Amendment may be approved only if the City Council first finds that the proposed amendment is consistent with the General Plan.

(Ord. No. 733, § 2(pt. 3), 9-7-10)

Sec. 11-1.70.06. - Land use entitlements.

(A)

Authorization. The Commission shall consider and act upon an application for a Variance, Site Plan Review, Modification, Conditional Use Permit, Determination of Similarity, Height Variation Permit, Development Agreement or other entitlement under this Title, referred to collectively as "Land Use Entitlements," as provided herein.

(B)

Application Requirements and Procedure. When applying for a Land Use Entitlement, the applicant shall submit the following information, in addition to a complete application as described in Section 111.70.03(A):

1.

Appropriately scaled site plans, elevations, and floor plans, reproduced in a sufficient number as determined by the Director, folded to 8½" by 11" and containing the required information.

2.

The legal description of the property must be written on the plan. This information may be taken from a recorded deed on the property.

3.

The name, address and telephone number of the applicant shall appear on the face of the site plan. If the record owner of the subject property is not the applicant, the owner's name, address and telephone number shall also appear on the site plan and an owner's authorization shall be submitted with the application.

4.

The location (address) of the subject property shall appear on the site plan and shall include the name, distance and direction of the closest cross street.

5.

Colored perspective drawings or colored renderings are required for all new exterior construction.

6.

A title report not more than six (6) months old shall be provided at the time of submittal. Applications that require more than six (6) months from the date submitted until the issuance of a building permit may be required to be supplemented with an updated title report, at the discretion of the Director.

7.

Any other information required by the Community Development Director, including, but not limited to, a traffic study, photometric plan, and a master sign plan.

8.

The Director may waive any of these application requirements if the Director determines that such a requirement is not applicable to the application.

(Ord. No. 733, § 2(pt. 3), 9-7-10)

Sec. 11-1.70.07. - Site plan review.

(A)

Site plan review is established in order to provide a visual and factual document to determine and regulate the physical layout, design or use of a lot or parcel of land, buildings or structures. A site plan is, or may be, required in order to determine whether a proposed development will properly comply with the provisions and development standards prescribed in this chapter.

(B)

The director of community development, planning commission, or city council on appeal, may approve a site plan review, with or without conditions, only if it first finds that:

(1)

The site plan complies with all applicable provisions of this title;

(2)

The site is suitable for the particular use or development intended, and the total development, including the application of prescribed development standards, is arranged as to avoid traffic congestion, will not adversely affect public health, safety and general welfare, will not have adverse effects on neighboring property and is consistent with all elements of the general plan; and

(3)

The development design is suitable and functional. This requirement shall not be interpreted to require a particular style or type or architecture.

(C)

If the development proposal, with any changes noted by the city, is fully consistent with the provisions of this title, the director of community development or a staff member, authorized by the director of community development, shall sign the site plan to indicate site plan review approval and shall notify the applicant of such. Unless a site plan review application is issued for a discretionary decision, as otherwise specified in this title, the director's approval of the site plan review application is final when rendered and no appeal may be made to the planning commission or city council.

(Ord. No. 733, § 2(pt. 3), 9-7-10; Ord. No. 839, § 14, 9-6-22)

The planning commission, or city council on appeal, may approve a modification, with or without conditions, only if it first finds that:

(A)

The modification is being requested in conjunction with a satisfactory site plan review; and

(B)

Topographic features, subdivision plans, or other conditions create an unnecessary hardship or unreasonable regulation or make it obviously impractical to require compliance with the yard requirements, setbacks or other development standards identified as being eligible for consideration of a modification pursuant to this section.

(Ord. No. 733, § 2(pt. 3), 9-7-10; Ord. No. 839, § 15, 9-6-22)

Sec. 11-1.70.09. - Conditional use permit and minor conditional use permit.

(A)

Purpose. Each zoning district within the City of Lomita permits particular uses which are suitable to the district. Certain other uses may or may not be compatible with the environs of the district depending upon the circumstances of the individual case. Uses listed in the Zoning Code as requiring a conditional use permit or minor conditional use permit shall be reviewed and either permitted, if conditions of approval make the use suitable to the district and site, or prohibited, thereby assuring that the area will assume or retain the characteristics intended by zoning.

(B)

The planning commission, or city council on appeal, may approve a conditional use permit or minor conditional use permit, with or without conditions, only if it first finds that:

(1)

The proposed use is allowed within the district with approval of a CUP and complies with all other applicable requirements of this article;

(2)

The proposed use is consistent with the general plan;

(3)

The design, location, size and operating characteristics are compatible with existing and future land uses, building and structures in the vicinity and the proposed use will not jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety or general welfare or be materially detrimental to the property of other persons located in the vicinity;

(4)

The site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this chapter, or as required as a condition in order to integrate the use with the uses in the neighborhood; and

(5)

The site is served by highways and streets adequate to carry the kind and quantity of traffic such use would generate.

(Ord. No. 733, § 2(pt. 3), 9-7-10; Ord. No. 839, § 16, 9-6-22)

Sec. 11-1.70.10. - Zone variance.

The Commission, or City Council on appeal, may grant a Variance from the required development standards, with or without conditions, only if it first finds that:

(A)

There are exceptional or extraordinary circumstances or conditions applicable to the property involved, including size, shape, topography, location, or surroundings, which do not generally apply to the surrounding properties in the same zone; and which deny the owner privileges enjoyed by other property owners in the vicinity and within the same zoning district;

(B)

Because of the circumstances or conditions, the Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated but which is denied to the property in question;

(C)

The granting of the Variance will not be materially detrimental to the public welfare or injurious to the adjacent property; and

(D)

The granting of the variance is consistent with the General Plan.

(Ord. No. 733, § 2(pt. 3), 9-7-10)

(A)

Residential lots south of Pacific Coast Highway shall obtain a Height Variation Permit for new structures or additions over sixteen (16) feet in height measured from the natural grade. It is the intent and purpose of this Section to provide for the public health, safety and welfare through the regulation of development in and adjacent to hillside areas in order to protect significant views.

(B)

In addition to the application requirements described in Section 11-1.70.03(A), the applicant shall:

1.

Submit with the application the signatures from the owners of properties immediately adjacent to the subject property acknowledging that construction plans have been shown to them, or certified mail receipts indicating that the plans were mailed to and received by the owners of the real property immediately adjacent to the subject property.

2.

Submit with the application two sets of plans, to scale, showing the site plan, floor plan, and elevations and one reduced set on 8½" by 11" paper.

3.

Construct a "silhouette" (a frame depicting the proposed construction) as a visual aid.

(C)

Notice requirements: Within five (5) working days of the construction of the silhouette, the City shall notify the surrounding properties as follows:

1.

Properties located directly adjacent to the subject property shall receive a copy of the reduced site plans with the notice.

2.

All other property owners within a 300-foot radius of the boundary of the subject property shall receive only the notice.

3.

Said notice shall include a brief description of the project, the location of the subject property and a statement that objections to the construction must be received by the Community Development Director within fourteen (14) days of the date of the notice.

(D)

Procedure:

1.

In reviewing the application and written objections, the Community Development Director shall determine if the proposal will obstruct a significant view. If the Community Development Director determines that the proposed construction will result in the obstruction of a significant view, or if written objections are received from five (5) percent or more of those persons notified, the item will be set for a public hearing before the Planning Commission in accordance with subsection (E) below and the "Public Hearing" requirements set forth in this Article.

2.

The Community Development Director may approve the application with less than a five (5) percent objection rate if the following findings are made:

(a)

There is no obstruction of a significant view from adjacent properties; or

(b)

The proposed construction is designed and situated in a manner that minimizes view obstruction.

3.

The Community Development Director, or if a public hearing is required pursuant to this section, the Planning Commission and City Council on appeal, may impose conditions to an approval reasonably necessary to effectuate the purposes of this section including, but not limited to, conditions which protect privacy of neighbors and promote neighborhood compatibility.

4.

Notice of the decision shall be sent to all parties who responded to the original notice.

(E)

When a public hearing is required, the decision to approve shall be based on the following findings:

1.

An existing significant view will not be obstructed by the proposed construction; or

2.

The proposed construction is designed to be the least intrusive on the existing view of neighboring property owners and occupants.

(F)

Appeals. The Community Development Director's decision may be appealed to the Planning Commission. The decision of the Planning Commission may be appealed to the City Council pursuant to the provisions for "Appeals" set forth in this Article.

(G)

Exemptions.

1.

The City Council may adopt an ordinance exempting an area or neighborhood from this section. A written notice shall be given to the property owners within the proposed exemption area prior to approval.

2.

The following described areas are exempt from the provisions of this Article: (reserved)

(Ord. No. 733, § 2(pt. 3), 9-7-10)

Sec. 11-1.70.12. - Determination of similarity.

The Planning Commission may, as a consent item without a public hearing, permit uses which are not specifically listed within the Permitted Uses section of any zone if it finds as follows:

(A)

The use is within the intent and purpose of the zone;

(B)

The use is not more obnoxious or materially detrimental to the public welfare, or to property in the vicinity of said uses, than the uses enumerated as permitted in the zone; and

(C)

The use is of a comparable nature to the other permitted uses within the zone.

(Ord. No. 733, § 2(pt. 3), 9-7-10)

(A)

Purpose. This section is intended to provide procedures and requirements for consideration of development agreements for the purposes specified in and as authorized by Government Code Section 65864. The Planning Commission may recommend and the City Council may enter into a development

agreement for the development of real property with any person having a legal or equitable interest in such property, or having written permission from a person having such interest.

(B)

Initiation of hearings. Hearings on a development agreement may be initiated:

1.

If the City Council instructs the Commission to set the matter for a hearing, report and recommendation;

2.

Upon the filing of an application in accordance with the application requirements in this Article.

(C)

Commission hearing and notice.

1.

In all cases where a proposed development agreement is initiated, the Commission shall hold a public hearing and shall give notice of such public hearing in accordance with Notice and Hearing requirements in this Article.

2.

All development-related applications shall be processed and scheduled for public hearing concurrently with the application for a development agreement. The Council shall be the review authority for the development agreement and all associated applications.

(D)

Findings and decision. The Commission may recommend approval and the Council may approve an application for a development agreement where it finds that the information presented by the applicant and/or obtained at a public hearing substantiates all of the following facts:

1.

That the proposed development agreement is consistent with the general plan;

2.

That the proposed development agreement complies with zoning, subdivision and other applicable ordinances and regulations applicable to the proposed development;

3.

That the proposed development agreement is consistent with the public convenience, general welfare and good land use practice, making it in the public interest to enter into the development agreement with the applicant;

4.

That the proposed development agreement will not:

(a)

Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area;

(b)

Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site; or

(c)

Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare;

5.

That the proposed development agreement complies with the terms, conditions, restrictions and requirements of Section 11-1.70.13(G); and

6.

That in consideration of the rights accruing to the developer under the development agreement, the developer shall provide the city or the community with special benefits which might not otherwise be provided by the developer in the absence of an agreement.

(E)

[Recommendation by resolution.] A recommendation by the Commission shall be by resolution carried by the affirmative vote of not less than a majority of its members. Such recommendation may not be reconsidered by the Commission except upon a referral by the Council.

(F)

[Recommendation of denial.] The Commission shall recommend denial where the information submitted and/or obtained at the public hearing fails to substantiate the required findings to the satisfaction of the Commission.

(G)

Contents of Agreement.

1.

Mandatory Contents. A development agreement entered into in compliance with this Section shall contain the mandatory provisions (e.g., conditions, requirements, restrictions, and terms) specified by state law (Government Code Section 65865.2 [Agreement contents]).

2.

Permissive Contents. A development agreement entered into in compliance with this Section may contain the permissive provisions (e.g., conditions, requirements, restrictions, and terms) specified by state law

(Government Code Section 65865.2 [Agreement contents]), and any other terms determined to be appropriate and necessary by the Council, including provisions for the payment to the city of monetary consideration.

3.

[Applicability.] Unless otherwise provided by a development agreement, the general plan, zoning, subdivision, and other ordinances, rules, regulations and official policies governing permitted uses of land, density, and design, improvement and construction standards, and specifications applicable to property subject to a development agreement shall be those applicable to such development on the date of execution of the development agreement by the Council; provided, however, that a development agreement shall not:

(a)

Be construed to prevent the application of later adopted or amended ordinances, rules, regulations and policies in subsequent applications applicable to the property which do not conflict with such existing ordinances, rules, regulations and policies; or

(b)

Prevent the approval, approval subject to conditions, or denial of subsequent development applications pursuant to such existing or later adopted or amended ordinances, rules, regulations and policies.

(H)

Council hearing and notice. After receipt of the Commission's recommendation, the Council shall hold a public hearing and shall give notice of such public hearing pursuant to the procedure set forth in this Article; provided, however, that if the Commission has recommended against approval of such application, the action of the Commission shall become final unless appealed in accordance with the provisions of this Article.

(I)

Council action. The Council may approve, modify or disapprove a Planning Commission recommendation involving a development agreement; provided, that any modification of the development agreement by the Council not previously considered by the Planning Commission during its hearing shall first be referred to the Planning Commission for report and recommendation, but the Commission shall not be required to hold a public hearing thereon.

(J)

Approval by ordinance—Submission to voters. Approval by the Council of a development agreement shall be by ordinance. Any ordinance approving a development agreement concerning real property located in the City (whether a single parcel or multiple parcels) which is more than thirty (30) acres in size and to be developed with a commercial or commercial/residential project shall be both approved by the City Council and thereafter submitted to the voters of the City in accordance with California Elections Code Section 9222, and approval of both the City Council and the voters shall be a condition precedent to the

effectiveness of any such development agreement. Voter approval of a development agreement pursuant to this section shall constitute voter approval for any other City permit and approval, where such voter approval is required by any provision of city law for the activities described in the agreement, including but not limited to any requirement imposed by law for voter approval of a development plan.

(K)

Execution of contract.

1.

No ordinance shall be adopted and the Council shall not execute a development agreement until it has been executed by the applicant. If the applicant has not executed the agreement, or agreement as modified by the Council, and returned the executed agreement to the City Clerk within thirty (30) days following Council approval, the application shall be deemed withdrawn, and the Council shall not adopt said ordinance nor the Mayor execute said agreement. Such thirty-day time period may be extended upon approval of the council.

2.

Not more than ten (10) days following the execution of a development agreement by the Council, the City Clerk shall record with the county recorder a copy of the executed agreement.

(L)

Subsequently enacted state and federal laws. In the event that state or federal laws or regulations enacted subsequent to execution of a development agreement prevent or preclude compliance with one or more provisions of such agreement, the provisions of such agreement shall be deemed modified or suspended to the extent necessary to comply with the state or federal law or regulation.

(M)

Enforcement.

1.

Unless and until amendment or canceled in whole or in part as provided in this Section, a development agreement shall be enforceable by any party thereto notwithstanding any change in regulations which alters or amends the regulations applicable to development.

2.

The burden of a development agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.

(N)

Amendment or cancellation. A development agreement may be amended, or canceled in whole or in part, by mutual consent of all parties to the agreement or their successors in interest. Procedures for

amendment or cancellation shall be the same as provided in this chapter for initiation and consideration of such agreement.

(O)

Review for compliance.

1.

Every development agreement entered into by the Council shall provide for periodic review of the applicant's compliance with such agreement by the Director at a time interval specified in such agreement, but in no event longer than twelve (12) months.

2.

The Director shall determine on the basis of substantial evidence that the applicant or their successor in interest has or has not complied with the agreement. If, as a result of this review the Director determines that the agreement is not being fulfilled, he or she shall notify the applicant or their successor in interest of his or her findings as required by law for the service of summons or by registered or certified mail, postage prepaid, return receipt requested, also indicating that failure to comply within a period specified, but in no event less than thirty (30) calendar days, may result in legal action to enforce compliance, termination or modification of the agreement.

3.

It is the duty of the applicant or their successor in interest to provide evidence of good-faith compliance with the agreement to the Director's satisfaction at the time of the review. Refusal by the applicant or their successor in interest to provide the required information shall be deemed prima facie evidence of violation of such agreement.

4.

If, at the end of the time period established by the Director, the applicant or their successor in interest has failed to comply with the terms of the agreement or, alternatively, submitted additional evidence satisfactorily substantiating such compliance, the Director shall notify the Commission of his or her findings recommending such action as he or she deems appropriate, including legal action to enforce compliance or to terminate or modify the agreement.

(P)

Violation of agreement—Commission review.

1.

Where the Director notifies the Commission that his or her findings indicate that a development agreement is being violated, a public hearing shall be scheduled before the Commission to consider the applicant's reported failure to comply and the action recommended by the Director. Procedures for conduct of such hearing shall be the same as provided in this chapter for initiation and consideration of a development agreement.

2.

If as a result of such hearing, the Commission finds that the applicant or their successor in interest is in violation of a development agreement, it shall notify the Council of its findings, recommending such action as it deems appropriate.

(Q)

Violation of agreement—Council action. Where the Commission reports the violation of a development agreement, the Council may take one of the following actions:

1.

Approve the recommendation of the Commission instructing that action be taken as indicated therein in cases other than a recommendation to terminate or modify an agreement;

2.

Refer the matter back to the Commission for further proceedings with or without instructions; or

3.

Schedule the matter for hearing before itself where termination or modification of an agreement is recommended. Procedures for such hearing shall be the same as provided in Section 11-1.70.04.

(Ord. No. 733, § 2(pt. 3), 9-7-10)

Sec. 11-1.70.14. - Action upon requested entitlements.

(A)

Conditions of approval to secure compliance with the provisions of this Chapter may be imposed as part of the approval of a Land Use Entitlement to bring the proposed design into conformity. When the proposed design does not meet the adopted standards, and cannot be conditioned to comply, the proposed project shall be denied.

(B)

In approving a Land Use Entitlement, the review authority may impose reasonable specific design, locational, and operational conditions relating to both on- and off-site improvements, which are intended to ensure that:

1.

The project will comply with all the required findings applicable to the entitlement;

2.

On- or off-site improvements (e.g., fire hydrants, streets, street lighting, traffic-control devices, etc.) are provided as reasonable and necessary to carry out the purpose and requirements of the applicable zoning district; and

3.

Any time limits on the duration of the use are provided as determined to be necessary by the review authority.

(Ord. No. 733, § 2(pt. 3), 9-7-10)

Sec. 11-1.70.15. - Notice of action taken on requested entitlements.

(A)

[Notification.] The Community Development Department shall notify the applicant by U.S. mail of the action taken on the requested application following the decision by the reviewing authority.

(B)

Coordinated Review by City Council. The City Council may hold the required public hearings and consider a project in its entirety, as the final reviewing authority, for any project that requires approval of multiple land use entitlements, a combination of land use entitlements and zoning amendments, or an environmental impact report. The decision to process an application for coordinated review shall be at the discretion of the Community Development Director. For any project that will receive coordinated City Council review, the Planning Commission shall first consider the project and make recommendations by resolution, including a statement of the relationship of the project to the required findings for each entitlement and/or amendment.

(Ord. No. 733, § 2(pt. 3), 9-7-10)

Sec. 11-1.70.16. - Appeals and review of planning commission decisions.

(A)

Notice of appeal. Any decision of the Planning Commission may be appealed to the City Council in the following manner:

1.

Any person dissatisfied with the action of, or the failure to act by, the Commission may file with the City Clerk an appeal. A written notice stating the basis for the appeal shall be delivered to the City Clerk within thirty (30) calendar days from the date of the decision by the Planning Commission. Within this period of time, the City Council, on its own motion, may initiate an appeal of any action of, or failure to act by, the Commission. The appeal period shall end at the close of the business day for City Hall on the thirtieth day, provided that time limits will extend to the following City Hall working day where the last of the specified number of days falls on a weekend, holiday, or other day when City Hall is closed.

2.

The appeal fee shall be paid at the time of filing. An appeal is not considered filed until the fee has been paid.

Effect of Filing. The filing of an appeal in compliance with this Section shall have the effect of suspending the effective date of the decision being appealed, and no further actions or proceedings shall occur in reliance on the decision being appealed except as allowed by the outcome of the appeal. If no appeal is submitted, the action becomes final on the thirty-first day following the date of the Planning Commission's decision.

4.

The City Clerk shall schedule the appeal for a public hearing before the City Council.

5.

If the appellant is not the applicant, a copy of the appeal shall be sent to the applicant by U.S. mail to the address listed on the application within seven (7) days of its filing.

6.

The notice of appeal shall specify the general basis for the appeal and public notice for the hearing on appeal shall be provided in the same manner as required for the decision being appealed. The content of the notice shall comply with the Notice and Public Hearings section herein.

7.

Appeals shall be considered following a public hearing on the matter. The City may consolidate hearings on all timely filed appeal applications for the same project.

8.

Points considered on appeal. At the hearing, the Council may only consider any issue involving or related to the matter that is the subject of the appeal, in addition to the specific grounds for the appeal, and shall conclude the proceedings with one (1) of the following actions:

(a)

Affirmation or Reversal. The Council may, by resolution, affirm, affirm in part, or reverse the action that is the subject of the appeal.

(b)

Additional Conditions. When reviewing an appeal, the Council may adopt additional conditions of approval involving or related to the subject matter of the appeal.

(c)

Referral. If new or different evidence is presented in the appeal, the Council, may, but shall not be required to, refer the matter back to the Commission for further consideration. Any new evidence shall relate to the subject of the appeal.

Withdrawal of Appeal. Once filed, an appeal may only be withdrawn by a written request submitted to the Director, with the signatures of all persons who filed the appeal. An appeal maybe withdrawn at any time before close of the public hearing. If no other appeal is pending, the Planning Commission decision is final upon withdrawal of the appeal.

(B)

Finality of decisions regarding appeals. The decision of the City Council upon an appeal is final and conclusive as to all things involved in the matter.

(Ord. No. 733, § 2(pt. 3), 9-7-10; Ord. No. 758, § 2, 6-17-13)

Sec. 11-1.70.17. - Nonconforming uses.

(A)

Purpose and Intent.

1.

Lots, uses of land, and structures which were lawfully established prior to the adoption of this Code and its later amendments, but which would be prohibited, regulated, or restricted under this Code or future amendments, shall be defined as nonconforming.

2.

The regulations in this Section are intended to restrict further investments that would make nonconformities more permanent in their location in inappropriate districts as well as afford opportunities to create use and reuse of those nonconformities.

3.

The regulations in this Section are to encourage maintenance of nonconforming buildings and alteration to incorporate architectural consistency.

4.

Nonconformities shall not be enlarged or expanded upon, except for as provided herein.

5.

Expansions may only be allowed once by right, except as provided herein. Subsequent expansions require approval of a Variance by the Planning Commission pursuant to the requirements of this Article.

6.

The illegal use of land or structures shall not be sufficient to establish the existence of a nonconforming use or to create rights as a continuance of that use.

(B)

Continuance, Termination, and Maintenance.

1.

Any lawfully existing nonconforming structure may be maintained provided any alteration or expansion shall comply with this Section. Routine maintenance work shall not be considered structural alteration.

2.

A nonconforming use of a building may be continued, provided it complies with the Nonconforming Uses Section herein.

3.

If the nonconforming use is discontinued for a period of one hundred eighty (180) consecutive days, the nonconforming use will be considered abandoned, whether the intent was abandonment or not, and its nonconforming status terminated.

4.

Notwithstanding any other provision of this chapter, if a legal nonconforming massage establishment use is discontinued for a period of thirty (30) consecutive days or more then the nonconforming use is presumed abandoned, whether the intent was abandonment or not, and its legal nonconforming status is terminated by operation of law and without necessity of any action by the city.

Notwithstanding any other provision of this chapter, if a legal nonconforming massage establishment use, or its massage practitioners, operate without the required city registration certificate or state license through the California Massage Therapy Council, for any period of time, then the non-conforming status may be revoked pursuant to the procedures contained in section 6-8.08.

(C)

Nonconforming Lots. Nonconforming lots created prior to July 21, 1975, are considered legal building sites. All new construction proposed on such sites shall comply with all requirements of this Code.

(D)

Nonconforming Uses. A nonconforming use may be continuously operated provided there is no expansion of area or increase in intensity except for as provided in this Section. Nonconforming uses shall minimize their impacts on traffic, noise and odors, as to not become a menace to the public health, safety or welfare. Failure to comply with this Section may result in the revocation of the nonconforming status pursuant to the procedures contained in the Revocations section herein.

(E)

Nonconforming Buildings in Commercial and Manufacturing Zones.

Expansions and alterations shall be allowed on nonconforming buildings in Commercial and Manufacturing Zones, provided that:

(a)

The building's nonconformity cannot increase.

(b)

Fifty (50) percent of the building's original square footage must remain.

(c)

Current parking requirements must be met for the expanded portion of the building.

2.

Should damage occur, estimated at more than fifty (50) percent of a structure's assessed valuation, it shall be reconstructed conforming to the requirements of this Code. If nonconforming reconstruction is essential to the reasonable conforming use of the building, the Planning Commission may allow such reconstruction pursuant to a Site Plan Review as outlined herein. Such application must be filed within six (6) months of the date of destruction.

(F)

Additions to Nonconforming Single Family Residential Uses and Buildings. Additions may be made to nonconforming single family residential units in all zones, provided that:

1.

The residential unit is not located on a lot that has frontage along Narbonne Avenue, Lomita Boulevard or Pacific Coast Highway.

2.

Such additions shall not increase the number of residential units.

3.

Off-street parking requirements for the single-family residential use are met.

4.

In nonresidential zones, said additions shall comply with all the development standards and regulations of the R-l Zone.

5.

In commercial zones, the addition shall not exceed fifty (50) percent of the original footprint or five hundred (500) square feet, whichever is less.

6.

Nonconforming accessory structures may not be enlarged unless it is to provide Code required parking.

7.

In nonresidential zones, where permitted, the property owner shall record a covenant running with the land, in a form approved by the City Attorney that only one such addition shall be permitted every ten (10) years.

(G)

Additions to Nonconforming Multiple Family Residential Uses and Buildings.

1.

Additions to nonconforming multiple-family residential uses and buildings must be approved by the planning commission pursuant to a Site Plan Review as outlined in herein.

2.

Additions are not permitted on a nonconforming multi-family building that is located on a lot that has frontage along Narbonne Avenue, Lomita Boulevard or Pacific Coast Highway.

(H)

Reconstruction of Damaged Nonconforming Residential Buildings.

1.

Within one year of the event that caused the damage or destruction, legal nonconforming single-family residential dwelling units in commercial zoning districts that have been damaged or destroyed by fire or other natural forces through no fault of the owner or occupant, and do not front onto Narbonne Avenue, Lomita Boulevard, Western Avenue, or Pacific Coast Highway may be reconstructed or replaced with a new single-family residential dwelling subject to the following:

(a)

The applicant shall provide documentation satisfactory to the Director supporting the claim that the damage or destruction occurred through no fault of the owner or occupant.

(b)

If destroyed, the single-family residential dwelling may be rebuilt in accordance with the R-l development standards in this Code, except that the total allowable square footage of the replacement dwelling shall be no greater than the square footage of the original unit, or one thousand five hundred (1,500) square feet, whichever is greater.

(c)

If damaged, the single-family residential dwelling may be repaired and reconstructed either to its predamaged condition, with the same building height and setbacks, or to the R-l development standards,

and the total allowable square footage of the replacement residential structure shall be no greater than the square footage of the original unit, or one thousand five hundred (1,500) square feet, whichever is greater.

(d)

A complete application for a building permit for the replacement dwelling shall be submitted no later than twelve (12) months after the date of destruction or damage, and construction or repair shall be diligently pursued upon issuance of a building permit. If building permit expires due to failure to make substantial progress within any six month period, the Planning Commission shall hold a noticed public hearing to determine, based upon substantial evidence, whether construction has been diligently pursued, or whether the right to rebuild a single-family residential dwelling has been abandoned.

(e)

The square footage of the original unit shall be determined by the Community Development Director based on the square footage described in and verified by the City of Lomita or County of Los Angeles' official building, permit and/or assessor records.

2.

If the preceding requirements are not met, the replacement structure shall comply with the applicable development standards for the subject zoning district in effect on the date of application for the new structure.

3.

Nonconforming single-family residential dwelling units in commercial zones having frontage on Narbonne Avenue, Lomita Boulevard, Western Avenue, or Pacific Coast Highway, and all nonconforming multifamily dwelling units, that have been involuntarily damaged or destroyed by fire, public enemy, or other natural forces having damage estimated at fifty (50) percent or less of its approximate value by fire, public enemy, or other natural forces may be restored to the original pre-damaged condition. If a nonconforming residential structure has damage estimated at greater than fifty (50) percent of its assessed valuation, it shall be reconstructed according to the development standards for the subject zoning district in effect on the date of application for the new structure.

(Ord. No. 733, § 2(pt. 3), 9-7-10; Ord. No. 740, § 2(pt. 1), 3-21-11; Ord. No. 789, § 2, 6-6-17)

Sec. 11-1.70.18. - Land use entitlement revocation and modification procedures.

(A)

Continuing validity of entitlements.

1.

All entitlements approved by the City Council or Planning Commission run with the land regardless of changes of ownership.

If any provision of an approved entitlement is held or declared to be invalid, said entitlement shall be void and all privileges granted thereunder shall lapse.

(B)

Expiration time of a variance or conditional use permit.

1.

All Land Use Entitlements shall expire within two (2) years after the granting of said permit unless the applicant has diligently developed the proposed project, as shown by the issuance of grading, foundation, or actual construction under a building permit, or the approved activity which did not require construction, has commenced and has diligently been continued.

2.

The permit holder may file for a time extension from the Planning Commission. The applicant shall request an extension in writing and pay the required filing fee prior to the entitlement's expiration date. During the review by the Planning Commission the applicant may be asked to provide evidence that the project is proceeding in a timely manner. The Planning Commission may extend the approval for a specified time period, or may revoke the permit.

3.

The decision of the Planning Commission shall be mailed to the applicant by U.S. mail. Appeals from the decision of the Planning Commission shall be made in accordance with this Article.

(C)

Review, modification, and revocation of permits. The Planning Commission shall conduct a public hearing, pursuant to the public hearing and notice requirements in this Article, to modify or revoke any Land Use Entitlement granted under this Chapter.

The Planning Commission and/or City Council retain the right to review and modify any permit granted or approved hereunder for any violations of the conditions imposed on such permit.

(D)

Modification and revocation procedure.

1.

Findings. A Land Use Entitlement may be revoked or modified by the Planning Commission following a public hearing if the Planning Commission finds any of the following:

(a)

That the permit was obtained by fraud or misrepresentation;

(b)

That the improvement or use allowed by the permit is in violation of any code, law, ordinance, regulation, or statute;

(c)

That the improvement or use allowed by the permit is not in compliance with the conditions of approval of the permit, or other regulations necessary for the preservation of the public health, safety or general welfare;

(d)

That the circumstances under which the permit was granted have substantially changed by virtue of a substantial increase in residents, employees, business vehicles or equipment or has otherwise intensified and causes a substantial increase in traffic, noise or odors, and that said change constitutes a menace to the public health, safety or general welfare;

(e)

That the improvement or use allowed by the permit has become detrimental to the public health, safety, or welfare, or the manner of operation constitutes or is creating a nuisance, as determined by the Commission;

(f)

That the improvement or use for which the permit was granted has been discontinued or ceased for a period of one year or more; or

(g)

The entitlement requires modification because the conditions of approval are found to be inadequate to mitigate the impacts of the use allowed by the permit (applicable to modification only).

2.

When modifying an entitlement, the Commission may impose conditions affecting the operation and maintenance of the use or development.

3.

The Community Development Department shall notify the person owning, operating, and/or any other person having an interest in the property for which a revocation or modification has been approved via certified mail.

4.

A revocation or modification of an entitlement shall become final and effective sixteen (16) days after receipt by the owner or operator of the notice of action, unless an appeal is filed with the City Clerk.

(Ord. No. 733, § 2(pt. 3), 9-7-10)

(A)

Procedure for enforcement. Any building or structure erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this Article shall be and the same is hereby declared to be unlawful; and the City shall commence appropriate legal action or proceedings for the abatement, removal or the enjoining thereof, in the manner prescribed by law.

(Ord. No. 733, § 2(pt. 3), 9-7-10)

Sec. 11-1.70.20. - Violations and penalties.

(A)

Penalty for violations of this Chapter.Violations of any provision of the City of Lomita Zoning Ordinance, Chapter 1 of Title XI, or of any approval including, but not limited to, a Site Plan, Conditional Use Permit, Variance or administrative approval granted hereunder shall constitute either a misdemeanor or an infraction pursuant to Section 1-2.01 of the Lomita Municipal Code.

(Ord. No. 733, § 2(pt. 3), 9-7-10)

Sec. 11-1.70.21. - Other applicable ordinances.

The provisions of other applicable State, County and City statutory and ordinance provisions shall be observed and compliance rendered with the more stringent regulations.

(Ord. No. 733, § 2(pt. 3), 9-7-10)

Sec. 11-1.70.22. - Covenants for easement.

A.

Applicability. When necessary to achieve the land use goals of the City, the City may require a property owner holding property in common ownership to execute and record a covenant of easement in favor of the City. A covenant of easement may be required to provide for parking and pedestrian access, ingress, egress, emergency access, light and air access, landscaping, or for open space, other features and amenities. The covenant may be imposed as a condition of approval by the review authority. This Ordinance is adopted pursuant to Government Code § 65870.

B.

Form of Covenant. The form of the covenant shall be approved by the City Attorney, and the covenant shall:

1.

Describe the real property to be subject to the easement;

Describe the real property to be benefitted by the easement;

3.

Identify the City approval or permit granted which relied on or required the covenant; and

4.

Be recorded in the County Recorder's Office. Upon recordation, the burdens of the covenant shall be binding upon and the benefits of the covenant shall inure to all successors in interest to the real property.

C.

At the time of recording of the covenant of easement all the property benefited or burdened by the covenant shall be held in common ownership.

D.

From and after the time of its recordation, the covenant of easement shall:

1.

Act as an easement in compliance with state law (Chapter 3 [commencing with Section 801] of Title 2 of Part 2 of Division 2 of the Civil Code), except that it shall not merge into any other interest in the real property. Civil Code Section 1104 shall apply to the conveyance of the affected real property; and

2.

Impart notice to all persons to the extent afforded by the recording laws of the state. Upon recordation, the burdens of the covenant shall be binding on, and the benefits of the covenant shall inure to, all successorsin-interest to the real property.

E.

A covenant of easement shall be enforceable by the owner of the real property benefited by the covenant, the successors in interest to the real property benefited by the covenant, and the City. Nothing in this section creates standing in any person, other than the city, and any owner of the real property burdened or benefitted by the covenant, to enforce or to challenge the covenant or any requested amendment or release.

F.

Release of Covenant. The covenant may be released by the City, at the request of any person, including the city or an affected property owner and after a public hearing, on a determination that the restriction on the property is no longer necessary to achieve the land use goals of the city. The release may be affected by the review authority which originally imposed the requirement for the covenant. A notice of the release of the covenant shall be recorded by the City with the County Recorder's Office.

G.

The City Council may adopt by resolution a fee to recover the reasonable cost of processing the release of the covenant from those persons requesting the release pursuant to this Section.

(Ord. No. 752, § 2, 4-2-12)

Article 71. - Reserved[[27]]

Footnotes:

--- ( 27 ) ---

Editor's note— Ord. No. 724, § 2(pt. 3), repealed art. 71, which pertained to modifications.

Article 72. - Reserved[[28]]

Footnotes:

--- ( 28 ) ---

Editor's note— Ord. No. 733, § 2(pt. 1), adopted Sept. 7, 2010, repealed art. 72, which pertained to variances and conditional use permits and derived from Ord. No. 630, §§ 1—3, adopted Oct. 2, 2000.

Article 73. - Reserved[[29]]

Footnotes:

--- ( 29 ) ---

Editor's note— Ord. No. 733, § 2(pt. 1), adopted Sept. 7, 2010, repealed art. 73, which pertained to revocations and derived from Ord. No. 505, §§ 1, 2, adopted Nov. 16, 1992; and Ord. No. 649, §§ 1, 2, adopted Nov. 18, 2002.

Article 74. - Reserved[[30]]

Footnotes:

--- ( 30 ) ---

Editor's note— Ord. No. 733, § 2(pt. 1), adopted Sept. 7, 2010, repealed art. 74, which pertained to appeals and derived from Ord. No. 312, §§ 1, 2, adopted Feb. 19, 1980; and Ord. No. 673, pt. 1, adopted Dec. 20, 2004.

Article 75. - Reserved[[31]]

Footnotes:

--- ( 31 ) ---

Editor's note— Ord. No. 733, § 2(pt. 1), adopted Sept. 7, 2010, repealed art. 75, which pertained to site review and derived from Ord. No. 312, § 3, adopted Feb. 19, 1980; Ord. No. 383, § 3, adopted Feb. 19, 1985; and Ord. No. 475, § 7, adopted Feb. 4, 1991.

Article 76. - Reserved[[32]]

Footnotes:

--- ( 32 ) ---

Editor's note— Ord. No. 733, § 2(pt. 1), adopted Sept. 7, 2010, repealed art. 76, which pertained to nonconforming uses and derived from Ord. No. 709, § 2(pt. 1), adopted Sept. 17, 2007; and Ord. No. 732, § 2, adopted July 19, 2010.

Article 77. - Reserved[[33]]

Footnotes:

--- ( 33 ) ---

Editor's note— Ord. No. 733, § 2(pt. 1), adopted Sept. 7, 2010, repealed art. 77, which pertained to fees and deposits.

Article 78. - Reserved[[34]]

Footnotes:

--- ( 34 ) ---

Editor's note— Ord. No. 733, § 2(pt. 1), adopted Sept. 7, 2010, repealed art. 78, which pertained to notice of public hearing and derived from Ord. No. 673, pt. 2, adopted Dec. 20, 2004.

Article 79. - Reserved[[35]]

Footnotes:

--- ( 35 ) ---

Editor's note— Ord. No. 733, § 2(pt. 1), adopted Sept. 7, 2010, repealed art. 79, which pertained to enforcement.

Article 80. - Reserved[[36]]

Footnotes:

--- ( 36 ) ---

Editor's note— Ord. No. 733, § 2(pt. 1), adopted Sept. 7, 2010, repealed art. 80, which pertained to violations and penalties.

Article 81. - Reserved[[37]]

Footnotes:

--- ( 37 ) ---

Editor's note— Ord. No. 733, § 2(pt. 1), adopted Sept. 7, 2010, repealed art. 81, which pertained to other applicable ordinances.

PART 8. - LANDSCAPE REQUIREMENTS Article 82. - Landscape Requirements

It is the policy of the city to promote water conservation. The landscape water conservation standards detailed in this chapter are intended to promote water conservation while allowing the maximum possible flexibility in designing healthy, attractive, and cost-effective water efficient landscapes.

This chapter is to be used in conjunction with the water conservation requirements of the Municipal Code, commencing with section 12-4.01.01. Where conflicts in language may exist between this chapter and chapter 12-4, the more restrictive water conserving language shall prevail.

(Ord. No. 728, § 2, 1-4-10)

Sec. 11-1.82.01. - Applicability.

This chapter applies to any project which proposes new or altered landscaping exceeding one thousand five hundred (1,500) square feet. All proposed landscape shall comply with the following requirements in the design, installation, and maintenance of the landscaped area, unless an exception is granted pursuant to section 11-1.82.06.

(Ord. No. 728, § 2, 1-4-10)

Sec. 11-1.82.02. - Definitions.

ET or evapotranspiration is the approximate summation of water losses through evaporation from soil and transpiration from the plants during a specified period of time.

ETo or reference evapotranspiration is the approximation of water loss expressed in inches per year from a field of four- to seven-inch-tall cool season grass that is not water stressed.

ET adjustment factor shall mean the factor used to set an efficiency goal, that when applied to ETo adjusts for plant factor and irrigation efficiency, two (2) of the major influences upon the amount of water that needs to be applied to a landscape.

Hydrozone shall mean a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or nonirrigated.

Landscape area shall mean all areas where new or altered landscaping is proposed as a part of a new development proposal.

Landscape plan is a plan, drawn to scale, depicting the proposed landscape areas and placement of landscape materials by type, number and size. The plan shall include both the common and scientific name of the plant.

Plant factor shall mean the factor that when multiplied by the ETo, estimates the amount of water used by a given plant species.

Special landscape area (SLA) shall include park and recreational areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ET adjustment factor not to exceed one (1.0).

Turf is a groundcover surface of mowed grass with an irrigation water need of greater than thirty (30) percent of the ETo.

Water budget calculation is the maximum annual applied water allowance and shall be calculated using this formula:

MAWA = (ETo) (0.62) [0.7 × LA + 0.3 × SLA]

Water wise plants shall be those plants that are evaluated as needing "moderate" (forty (40) to sixty (60) percent of ETo), "low" (ten (10) to thirty (30) percent of ETo) and "very low" (less than ten (10) percent of ETo) amounts of water as defined and listed by water use classifications of landscape species (WUCOLS) available at:

Department of Water Resources Bulletins and Reports P.O. Box 942836 Sacramento, California 94236-0001

Other sources of water wise plant classifications may be used if approved by the city's director of community development.

Weather-based irrigation controller is an irrigation controller that automatically adjusts the irrigation schedule based on changes in the weather.

(Ord. No. 728, § 2, 1-4-10)

Sec. 11-1.82.03. - Compliance requirements.

The procedures and rules set forth in this Article are applicable to landscape projects regardless of what zone they are located within.

(A)

The applicant shall submit two (2) copies of the proposed landscape plan and irrigation plan for review and approval by the community development director.

1.

If a grading permit is required the grading plan shall also be submitted.

2.

Commercial and industrial projects shall also submit a soil management report.

(B)

Each plan shall be on a separate sheet drawn to the same scale.

(C)

All plans shall contain the following information:

1.

Location map with north arrow, scale, and legal description of the property.

2.

Project name and address.

3.

Title block with name, license/certification number, mailing address, email address, and phone number of licensed landscape architect or certified irrigation designer, etc.

4.

Benchmark name, elevation, and location.

5.

Topography with proposed contour lines and elevations.

6.

Property lines.

7.

Location of all utilities (e.g. telephone, electrical, gas, sewer, drainage, etc.

8.

Location and details of existing and proposed public improvements within right-of-way (e.g., curb, gutter, sidewalk, street light, fire hydrants, driveways, other approaches, etc.).

(Ord. No. 728, § 2, 1-4-10)

(A)

Landscaping shall be designed to be irrigated at no more than seven-tenths (0.7) of the reference evapotranspiration (ETo) and shall not exceed the MAWA. The city reserves the right to modify plans in quantity and quality of the landscape to meet the requirements of this chapter.

(B)

Hydrozone requirements. Plants shall be grouped together that have similar water needs and also slope, sun exposure, and soil conditions.

(1)

Delineate and label each hydrozone.

(2)

Indicate the square footage of each hydrozone.

(3)

Identify each hydrozone as low, moderate, or high water use, etc.

(4)

Each hydrozone shall have its own irrigation valve.

(5)

Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.

(C)

Sprinkler heads shall have matched application rates for uniform coverage.

(D)

Total water use calculated for all hydrozones shall not exceed maw

(E)

Head to head coverage shall be required when designing the sprinkler system.

(F)

Where feasible, trees shall be placed on separate valves from shrubs, groundcovers and turf.

(G)

Irrigated areas (including turf) within twenty-four (24) inches of nonpermeable hardscape shall be irrigated with drip irrigation or subsurface irrigation technology.

(H)

All trees shall be a minimum fifteen (15) gallons in size and all shrubs five (5) gallons.

(I)

Use of turf and water wise plants.

(1)

The landscape area of projects proposing exclusively commercial or industrial uses shall be designed without the use of turf and with one hundred (100) percent water wise plants. Notwithstanding that requirement, projects may use turf where a specific turf type is proposed for any required bio-swale or biofilter systems, or areas adjacent to pedestrian traffic where walking travel or crossings are expected. These walking areas would include corner lot locations or linear areas located along pedestrian routes.

(2)

The landscape area of single-family residential, multifamily residential, mixed use, and institutional use projects shall be designed with no more than forty (40) percent of the landscaped area in turf or plants that are not water wise plants.

(3)

Turf is not permitted in medians or parking lot landscape finger planters.

(4)

Turf shall not be used on slopes of twenty-five (25) percent.

(5)

Notwithstanding subsections (1) and (2) above, additional turf areas may be approved by the city for areas designed and used for outdoor sporting and recreational activities, or for an approved functional use. Approved turf areas may be watered at 1.0 of the reference evapotranspiration (ETo).

(J)

Mulch. All mulch areas shall have a minimum depth of three (3) inches. Additional mulch material shall be added from time to time as necessary in order to maintain the required depth of mulch.

(K)

Irrigation design plan. The irrigation design plan shall accurately and clearly identify the following specifications, where applicable:

(1)

Detailed legend explaining all the symbols used in the irrigation design plan.

(2)

Location, manufacturer, model, type, and size of all components of the irrigation system such as: including automatic controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, and backflow prevention devices.

(3)

Irrigation systems shall be designed and installed to avoid overspray and runoff. Valves shall be separated for individual hydrozones based on plant water needs and sun or shade requirements.

(4)

Water budget calculations (section 11-1.82.02 above) shall be shown on irrigation plans.

(5)

An automatic irrigation system is required and shall include a weather-based irrigation controller, including a rain shutoff sensor.

(6)

Areas less than eight (8) feet wide shall be irrigated with appropriately selected equipment that provides the proper amount of water coverage without causing overspray onto adjacent surfaces.

(7)

All sprinklers shall have matched precipitation rates within each valve and circuit. All irrigation systems shall be designed to include optimum distribution uniformity, head to head spacing, and setbacks from walkways and pavement.

(8)

All irrigation systems shall provide check valves at the low end of irrigation lines to prevent unwanted draining of irrigation lines.

(9)

Pressure regulators may be required on the irrigation system as determined by the city's public works department.

(Ord. No. 728, § 2, 1-4-10)

Sec. 11-1.82.05. - Model homes.

All model homes that are landscaped shall demonstrate via signs and information the principles of water efficient landscapes described in this Article.

(A)

Signs shall be used to identify the model as an example of a water efficient landscape and featuring elements such as hydrozones, irrigation equipment, and others which contribute to the overall water efficient theme.

(B)

Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes.

(Ord. No. 728, § 2, 1-4-10)

Exceptions to these landscape water conservation standards may be granted by the city's community development director upon a finding, based on substantial evidence, that the exceptions will promote equivalent or greater water conservation than is provided for in these standards. Requests for exceptions shall be in writing and shall be submitted to the community development director at the time the application is submitted to the city for review. Requests for exceptions must be accompanied by documentary evidence supporting the finding of equivalent or greater water conservation.

(Ord. No. 728, § 2, 1-4-10)

(A)

Applicants shall provide all relevant information on the landscape plan including botanical names for plants and turf species; container sizes; percentage calculations of allowable areas of turf; low, medium or high water use plants and water-wise plants; water budget calculations; monthly irrigation schedule; and specific requests for any exceptions to the requirements of this chapter. Areas of existing landscaping to remain unaltered shall be indicated on the landscape plan.

(B)

The landscape plan shall be prepared in accordance with the provisions of the California Business and Professions Code relating to the practice of landscape architecture (Business and Professional Code section 5641 et seq.).

(C)

The landscape plan shall include a "statement of compliance" in a form approved by the community development director certifying that the landscape design complies with the mandatory elements of this chapter. The statement of compliance shall be signed by the person who prepared the landscape plan.

(Ord. No. 728, § 2, 1-4-10)

Sec. 11-1.82.08. - Determination of conforming installation.

The person who prepared the landscape plan shall inspect the installation of the landscaping and any irrigation system included in the plan and shall certify in writing to the department of community development that the installation substantially conforms to the approved landscape plan prior to a final city landscape inspection or occupancy being requested.

(Ord. No. 728, § 2, 1-4-10)

Sec. 11-1.82.09. - Compliance verification.

Verification of compliance with this chapter, as applicable, shall be made by the community development department in accordance with the following requirements:

(A)

No building permit shall be issued unless the statement of compliance required by subsection 111.82.07(C) above has been included on the final landscape plan submitted for plan check approval.

(B)

No building permit shall be given a final landscape inspection or issued a permanent certificate of occupancy until the department of community development receives a written determination of conforming installation as required by section 11-1.82.08 above.

(Ord. No. 728, § 2, 1-4-10)

Sec. 11-1.82.10. - Water waste prevention.

Water waste resulting from inefficient landscape irrigation, such as runoff, low head drainage, overspray, etc, is prohibited. Similar conditions where water flows onto nontargeted areas, such as adjacent property, nonirrigated areas, hardscapes, roadways, or structures are also prohibited.

(Ord. No. 728, § 2, 1-4-10)

PART 9. - REGULATION OF MEDICAL MARIJUANA

Article 83. - Medical Marijuana Dispensaries, Delivery and Cultivation[[38]]

Footnotes:

--- ( 38 ) ---

Editor's note— Ord. No. 793, § 13, adopted Dec. 5, 2017, amended art. 83 in its entirety to read as herein set out. Former art. 83, §§ 11-1.83.01—11.1.83.04 pertained to similar subject matter, and derived from Ord. No. 777, § 8, adopted Jan. 27, 2016; Ord. No. 778, § 8, adopted Feb. 2, 2016.

Sec. 11-1.83.01. - Purpose.

The purpose of this part 9 is to expressly prohibit the establishment of commercial cannabis uses in the city. The city council finds that prohibitions on commercial cannabis activity are necessary for the preservation and protection of the public health, safety and welfare of the city. The prohibition of such uses is within the authority conferred upon the city council by state law and is an exercise of its police powers to enact and enforce regulations for the public health, safety and welfare of the city. Nothing in this chapter shall be interpreted to conflict with state law, including without limitation the Compassionate Use Act, the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA) and the MAUCRSA, as may be amended.

(Ord. No. 793, § 13, 12-5-17)

A.

Commercial cannabis activity, whether or not for profit, is prohibited in all zones, specific plan areas, and overlay zones of the city. No person shall establish, operate, MAINTAIN, conduct, allow, or engage in commercial cannabis activity anywhere within the city.

B.

Use of a power generator to provide power to activities prohibited under this section is also prohibited and is a separate violation.

C.

Engaging in commercial cannabis activity that utilizes utility services without the required permits under title X of this Code is also prohibited and is a separate violation.

D.

A property owner shall not rent, lease, or otherwise permit any person or business that engages in commercial cannabis activity to occupy real property in the city. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in commercial cannabis activity on any real property owned or controlled by that property owner that is located in the city.

E.

This section 11-1.83.02 shall prohibit all activities for which a state license is required pursuant to the MAUCRSA, as the same may be amended from time to time. Accordingly, the city shall not issue any permit, license or other entitlement for any activity for which a state license is required under the MAUCRSA, as the same may be amended from time to time. The city shall also not issue any local license for any activity for which a state license is required under the MAUCRSA to a non-profit entity pursuant to California Business and Professions Code section 26070.5.

F.

To the extent not already prohibited above, all deliveries of cannabis or cannabis products, to or from any location in the city are expressly prohibited. No person shall conduct or perform any delivery of any cannabis or cannabis products which delivery either originates or terminates within the city. This subsection

shall not prohibit any person from transporting cannabis through the jurisdictional limits of the city for delivery or distribution to a person located outside the city, where such transport does not involve delivery or distribution within the jurisdictional limits of the city.

G.

Cannabis cultivation by any person or entity, including clinics, collectives, cooperatives and dispensaries, is prohibited in all zones within the city's jurisdictional limits. No permit, whether conditional or otherwise, shall be issued for the establishment of such activity. No person, including a qualified patient or primary caregiver, shall cultivate any amount of cannabis in the city, even for medicinal purposes, except that this prohibition 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, or for activities where the city is preempted by federal or state law from enacting a prohibition on such activity.

(Ord. No. 793, § 13, 12-5-17)

Sec. 11-1.83.03. - Violations and penalties.

In addition to any other remedy available under law, each violation of this article is subject to the administrative citations and penalties provisions in title 1, chapter 5 of this Code. Notwithstanding the fine amounts set out in the penalty schedule for administrative fines (as adopted by city council resolution), the fine amounts for violations of this chapter shall be five hundred dollars ($500.00) for the first violation, seven hundred fifty ($750.00) for a second violation and, one thousand dollars ($1.000.00) for each additional violation of the same provision within one year of the first violation. Each activity that violates this chapter is a separate offense and violation of this chapter. These penalties and remedies are cumulative and in addition to any other penalties and remedies available to the city.

(Ord. No. 793, § 13, 12-5-17)

Sec. 11-1.83.04. - Public nuisance.

It is unlawful and it is declared to be a public nuisance for any responsible person to allow any commercial cannabis activity to operate on real property. Any use or condition caused, or permitted to exist, in violation of any provision of this article shall be, and hereby is declared to be, a public nuisance and may be abated by the city pursuant to the provisions outlined in chapter 16 (nuisance abatement) of title III of this Code.

(Ord. No. 793, § 13, 12-5-17)

Sec. 11-1.83.05. - Recovery of costs from responsible person.

The costs of public nuisance abatement may be recovered as set forth in this section 3-16.07 or other applicable law.

(Ord. No. 793, § 13, 12-5-17)

Sec. 11-1.83.06. - Failure to remove commercial cannabis activities.

In addition to any abatement costs set out in section 11-1.83.05, failure to cease the illegal the commercial cannabis activity after notification will result in the penalties set forth in this article.

(Ord. No. 793, § 13, 12-5-17)

Nothing in this article is intended to limit the city's additional remedies for recovering damages and costs in accordance with any applicable law including, without limitation damages owed to the city pursuant for engaging in unlawful business practices in accordance with Business and Professions Code section 17200 et seq.

(Ord. No. 793, § 13, 12-5-17)

A.

The remedies provided by this chapter are cumulative and in addition to any other criminal or civil remedies provided by law.

B.

Where a civil action is filed, the prevailing party is entitled to reasonable attorneys' fees, but is limited by the amount of attorneys fees claimed by the city pursuant to Government Code section 38773.5, as set forth in section 3-16.09. If the court issues an order or a judgment which finds a public nuisance to exist, and orders or approves the abatement of the public nuisance, or where the court validates an accounting, the court will also award the city its actual costs of abatement, including, without limitation, reasonable attorneys' fees incurred by the city in such judicial proceeding.

(Ord. No. 793, § 13, 12-5-17)

CHAPTER 2. - DIVISION OF LAND DIVISION OF LAND (continued) Article 1. - General Provisions

Sec. 11-2.01. - Short title.

This chapter may be cited as the "Division of Land Ordinance."

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.02. - Purpose.

This chapter is intended to promote the conservation, stabilization and protection of property values through orderly growth and development, the provision of necessary public and private facilities, and generally, the public health, safety and general welfare within the incorporated territory.

(Ord. No. 208, § 2, 9-15-75)

The provisions of this chapter derive their authority from Division 2, Title 7 of the Government Code of California, cited as the Subdivision Map Act, and from Article XI, Section 11 of the Constitution of the State of California.

(Ord. No. 208, § 2, 9-15-75)

Whenever reference is made to an ordinance of this city or to a statute of the State of California, such reference applies to the requirements of the ordinance or statute applicable on the date of final action on a tentative map and to the provisions of variances and permits granted pursuant to such ordinances or statutes.

(Ord. No. 208, § 2, 9-15-75)

A person shall not sell, lease, finance or transfer title to a portion of a division of land, or offer to do so, or contract to do so, until a final map thereof, in full compliance with the provisions of this chapter and of the Subdivision Map Act, has been filed in the office of the recorder of this county, except that a person, at his sole option, may elect to file a parcel map to satisfy the provisions of this section when at least one of the following applies:

(a)

The division or redivision of land contains an area of less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required;

(b)

All of the land shown on the parcel map is zoned for industrial or commercial development;

(c)

The division results in the creation of four (4) or less parcels.

(Ord. No. 208, § 2, 9-15-75)

The filing of a final map or parcel map on which appears the words "Division of Land for Lease Only" authorizes the leasing of any lot shown on such map. A person shall not sell, finance or transfer title to any lot shown on such maps, or offer to do so, or contract to do so, unless the transaction would be in full compliance with the provisions of this chapter and the Subdivision Map Act had such final map or parcel map not been filed.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.07. - Exemptions.

The provisions of this chapter do not apply to any portion of a division of land offered for sale, lease, financing or transfer of title, contracted for sale, lease, financing or transfer of title, or sold, leased, financed or transferred in full compliance with or exempt from any law regulating the design and improvement of divisions of land which was in effect at the time the division was established.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.08. - Building permits.

No building shall be constructed, nor shall a permit for the construction of a building be issued, nor shall a portion of any parcel be used when not conforming to the provisions of this chapter.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.09. - Penalty for noncompliance.

Violation of this chapter which is not also prohibited by the Subdivision Map Act or by any other state statute, is a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the city jail or the county jail for not more than six (6) months, or by both such fine and imprisonment.

(Ord. No. 208, § 2, 9-15-75; Ord. No. 559, § 2, 2-5-96)

Sec. 11-2.10. - Transaction voidable.

Any deed of conveyance, mortgage, deed of trust, or other lien or lease or sale or contract to sell, mortgage, lien or lease made contrary to the provisions of this chapter is voidable at the sole option of the grantee, buyer, tenant, mortgagee, beneficiary or person contracting to purchase or to accept a lien or mortgage or to lease as a tenant, his heirs, personal representatives or trustee in insolvency or bankruptcy within one year after the date of the execution of the deed of conveyance, mortgage, deed of trust, other lien, lease or sale or contract agreeing thereto, but such deed of conveyance, sale, mortgage, deed of trust, lien, lease or contract is binding upon any assignee, or transferee of the grantor, vendor, mortgagor, trustor, landlord or person so contacting, his assignee, heir or devisee.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.11. - Other remedies.

The provisions of this chapter are not intended to prohibit any legal, equitable or summary remedy to which the city or other political subdivision, or any person may otherwise be entitled, and the city or other political subdivision or person may file suit in a court of competent jurisdiction, to restrain or enjoin any attempted or proposed division of land in violation of the Subdivision Map Act or of this chapter.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.12. - Falsifications.

Fraudulent misrepresentation of pertinent information shall be sufficient reason to invalidate an approval obtained pursuant to this chapter.

(Ord. No. 208, § 2, 9-15-75)

There is hereby created a division of land committee consisting of the following officers or their duly authorized representatives:

(a)

The director of planning;

(b)

The city engineer;

(c)

The fire chief;

(d)

The superintendent of streets;

(e)

The health officer of the city;

(f)

The chief engineer of the Los Angeles County Flood Control District;

(g)

The director of parks and recreation of the City of Lomita;

(h)

Such other city officers or representatives of other agencies which in the opinion of the director of planning have an interest in a proposed division of land.

The director of planning shall be the chairman of the division of land committee.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.14. - Advisory agency.

The city planning commission is designated as the "advisory agency" as that term is used in the Subdivision Map Act, and shall have all of the powers and duties granted or imposed by said Subdivision Map Act except as assigned to the city council by this Division of Land Ordinance.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.15. - Director of planning.

The city manager or his authorized representative is designated as the director of planning for the purposes of this division of land ordinance.

(Ord. No. 208, § 2, 9-15-75; Ord. No. 699, § 1, 4-2-07)

Sec. 11-2.16. - City council.

The city council of the City of Lomita.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.17. - Certificate of compliance.

A certificate recorded with the recorder of the County of Los Angeles stating that a determination has been made that such property complies with the provisions of the Subdivision Map Act and this Division of Land Ordinance.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.18. - Certificate of waiver.

A waiver from the requirement of recording of a final parcel map, granted by the city council under the provisions of this Division of Land Ordinance.

(Ord. No. 208, § 2, 9-15-75)

Secs. 11-2.19—11-2.50. - Reserved. Article 2. - Definitions

Sec. 11-2.51. - Article.

An Article of this chapter unless otherwise specified.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.52. - Appeal board.

"Appeal board" shall mean the Lomita City Council or group designated by them to serve in such capacity.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.53. - Dedication.

The grant of real property for public use.

(Ord. No. 208, § 2, 9-15-75)

The minimum area, width, grading and general layout of lots and the alignment, grades and widths of alleys, streets, highways, easements and rights-of-way for drainage facilities, water mains, sanitary sewers and other public purposes.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.55. - Design unit.

A parcel of land shown on a tentative map for which the subdivider requests approval of design.

(Ord. No. 208, § 2, 9-15-75)

For the purposes of this chapter, the term "division of land" shall refer to any parcel or contiguous parcels of land, improved or unimproved, which are divided for the purpose of transfer of title, sale, lease or financing, whether immediate or future, into two (2) or more parcels, except that the term "division of land" shall not refer to:

(a)

Land dedicated for cemetery purposes under the Health and Safety Code of the State of California.

(b)

The leasing or financing of apartments, offices, stores or similar space within an apartment building, industrial building, commercial building, mobile home park or trailer park.

(c)

Division by mineral, oil or gas lease.

(d)

Lot line adjustment.

(e)

Lot merger.

Lot line adjustment and lot merger shall be reviewed pursuant to Article 54 and Article 55, respectively, of the City of Lomita Zoning Ordinance.

The term "division of land" shall also refer to a condominium project, as defined in Civil Code Section 1350, and a community apartment project, as defined in Business and Professions Code Section 11004.

(Ord. No. 208, § 2, 9-15-75; Ord. No. 414, § 4, 6-1-87)

Sec. 11-2.57. - Drainage facility.

Any drainage device or structure which may be used to control or direct the flow of water and/or alleviate flood hazard, including but not limited to berms, channels, culverts, curbs, ditches, gutters, pavement and pipes.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.58. - Final map.

A map of a proposed division of land prepared in accordance with the provisions of this chapter and section 66433 of the state Subdivision Map Act, which is prepared in a manner to be filed in the office of the county recorder.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.59. - Flood hazard.

A potential danger to life, land or improvements due to inundation or storm water runoff having sufficient velocity to transport or deposit debris, scour the surface soil, dislodge or damage buildings, or erode the banks of watercourses.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.60. - Frontage.

That portion of a lot or parcel which abuts a public or private street or highway to which the lot or parcel has the right of access.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.61. - Future street or alley.

A street or alley which is necessary for the future division of lots within a division of land or for the development of adjacent properties and which is offered for public use at an indeterminate future time when the city council determines that the acceptance and construction of such street or alley is warranted.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.62. - Geological hazard.

A hazard inherent in the earth or artificially created, which is dangerous or potentially dangerous to life, property or improvements due to the movement, failure or shifting of earth.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.63. - General plan.

A comprehensive long-term plan, including the elements thereof, adopted by the City of Lomita pursuant to the provisions of Chapter 3, Title 7, Government Code, State of California.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.63.1. - Government Code.

Government Code of the State of California.

(Ord. No. 208, § 2, 9-15-75)

A thoroughfare of primary importance in the city or state highway system, other than a freeway, which is shown on the circulation element of the General Plan.

(Ord. No. 208, § 2, 9-15-75)

Such structures or facilities to be installed or agreed to be installed by a subdivider on land to be used for public or private alleys, streets, highways or other easements as a condition precedent to the approval and/or acceptance of a final map or parcel map, including but not limited to street surfacing, curbs, gutters, sidewalks, street trees, streetlights, street signs, sanitary sewers, water mains and drainage facilities.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.66. - Lease.

An oral or written agreement or contract, tenancy at will, month-to-month, or other similar tenancy.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.67. - Lot.

A unit of land identified on a final map or parcel map, filed in the office of the county recorder, with a separate or distinct number.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.67.1. - Ornamental street lighting.

A system of street lighting composed of individual freestanding light standards.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.68. - Parcel map.

A map showing the division of land prepared in accordance with the provisions of this chapter and section 66428 of the Government Code, which is prepared in a manner to be filed in the office of the county recorder.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.69. - Person.

Any person, corporation, company, firm, association, partnership, copartnership, joint venture, joint stock company, receiver, syndicate, club, estate, business trust, organization or any other entity, or the authorized agent thereof.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.70. - Section.

A section of this chapter unless otherwise specified.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.71. - Shall; may.

"Shall" is mandatory; "may" is permissive.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.72. - Street.

A right-of-way designed to provide access to abutting properties.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.73. - Subdivider.

A person who causes real property to be divided into a division of land for himself or for others or who submits a tentative, final or parcel map for approval.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.74. - Subdivision Map Act.

Subdivision Map Act of the Government Code, State of California.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.75. - Tentative map.

A preliminary plan of a proposed design unit prepared in accordance with the provisions of this ordinance and the state Subdivision Map Act.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.76. - Vesting tentative map.

A tentative map for a subdivision that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed in accordance with this ordinance and which confers a vested right to proceed with development in substantial compliance with ordinances, policies and standards in effect at the time that said map is approved or conditionally approved by the city council.

(Ord. No. 393, § 1, 1-6-86)

Sec. 11-2.76.1. - Urban lot splits.

(A)

The provisions of this section apply to the processing of parcel maps for urban lot splits pursuant to California Government Code Section 66411.7 and Section 11-1.30.15 of this Code.

(B)

Approval. Notwithstanding the Subdivision Map Act or any other provision of this chapter, an application for a parcel map for an urban lot split is approved or denied ministerially, by the city's community and economic development director, without discretionary review. A tentative parcel map for an urban lot split is approved ministerially if it complies with the requirements of Section 11-1.30.15 and applicable objective requirements of this chapter and the Subdivision Map Act. The tentative parcel map may not be recorded. A final parcel map is approved ministerially, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements.

C.

Guidance and procedures. The city engineer has the authority to interpret and establish guidance and procedures for the processing, approving, and finalizing parcel maps for urban lot splits, which are consistent with state and local law.

(D)

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.

(Ord. No. 832U, § 9, 2-28-22; Ord. No. 834U, § 14(9), 4-5-22; Ord. No. 837, § 8, 8-16-22)

Secs. 11-2.77—11-2.100. - Reserved.

Article 3. - Tentative Maps

Sec. 11-2.101. - Generally.

Tentative maps shall be prepared and processed in accordance with the provisions of the Subdivision Map Act and with the provisions of this Article.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.102. - Numbers.

The subdivider shall apply for a map number prior to submission of a tentative map. Map numbers shall be assigned by the county engineer.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.103. - Preparation.

Each tentative map shall be prepared in accordance with the following requirements:

(a)

Tentative maps shall be prepared by or under the direction of a registered civil engineer or a licensed land surveyor. This requirement may be waived for division of land into four (4) parcels or less.

(b)

Each tentative map shall clearly show the details of the plan thereon. Whenever practicable, map sheets should be no less than eighteen (18) by twenty-six (26) inches. In no case shall the scale be less than one (1) inch to two hundred (200) feet.

(c)

The director of planning shall determine the number of copies of a tentative map which a subdivider shall submit. One copy shall be a reproducible print of a type approved by the city engineer.

(Ord. No. 208, § 2, 9-15-75)

Each tentative map shall show and contain the following information:

(a)

The assigned map number.

(b)

The date of preparation, north point and scale.

(c)

The boundary of the division of land and of the design unit, including all portions of the parcel proposed for division.

(d)

A key map, indicating the location of the proposed division of land in relation to the surrounding area.

(e)

The approximate contours, showing existing topography.

(f)

The approximate location of all areas subject to inundation or storm water overflow and the location, width and direction of flow of each watercourse.

(g)

The approximate location of all trees standing within the boundaries of proposed rights-of-way.

(h)

The location, width, approximate grade and center line radius of existing and proposed streets, alleys, highways, ways and easements which are within or adjacent to the proposed design unit.

(i)

The existing street improvements, including drainage structures.

(j)

Actual names for existing streets or highways and an identifying letter for proposed streets or highways.

(k)

A label or identifying note for existing or proposed easements other than streets or highways.

(l)

The approximate layout of lots, including approximate dimensions and lot numbers, and where pads are proposed for building sites, the approximate finish grade.

(m)

The approximate location of existing structures, shown to scale, within or immediately adjacent to the design unit. Show house numbers, and label each structure with the proposed disposition.

(n)

The general location of all proposed buildings and structures which are to be divided into units of air space and the means of access thereto, where the design unit consists of a condominium or community apartment project.

(o)

If necessary, a generalized plan of proposed development adjacent to the design unit showing the compatibility of the design unit with existing and future development in the neighborhood.

(p)

The name and address of the subdivider.

(q)

The name, address and license or registration number of the person who prepared the tentative map or who directed the preparation of the tentative map.

(Ord. No. 208, § 2, 9-15-75)

Each tentative map shall be submitted with written statements containing the following information and acknowledgments:

(a)

The name and address of the subdivider.

(b)

The name, address, and license or registration number of the person who prepared the tentative map or who directed the preparation of the tentative map.

(c)

A statement by a person holding a proprietary interest in the parcel or parcels comprising the design unit, consenting to the submission of the tentative map.

(d)

The proposed use of parcels shown on the tentative map.

(e)

The interest which the subdivider proposes to convey in parcels shown on the tentative map.

(f)

A copy of conditions, covenants and restrictions proposed by the subdivider, if any.

(g)

A statement detailing the arrangements which the subdivider proposes to make for the operation and maintenance of common parcels and easements, if any.

(h)

The source of water supply, if any, and the proposed method of sewage disposal.

(i)

The results of percolation tests, if required, performed in accordance with the standards of the health officer, where a private system of sewage disposal is proposed.

(j)

A geological and/or soils report, if required by the city engineer, prepared by a licensed geologist, stating the effect of geological or soil conditions on the proposed development.

Any of the information required by subsections (a), (b), (c), (d) and (h) may be shown on the tentative map. The written statements required by this section shall become a part of the tentative map upon submission to the director of planning.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.106. - Reversion to acreage.

Prior to the submission of a final map for the purpose of reverting to acreage land previously subdivided, a tentative map shall be prepared and processed in accordance with the provisions of the Subdivision Map Act and with the provisions of this Article.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.107. - Preliminary processing.

Tentative maps and required written statements shall be submitted to the director of planning. The director of planning shall distribute copies of tentative maps and, where appropriate, required written statements to the following:

(a)

Each member of the division of land committee.

(b)

A city requesting extraterritorial review of tentative maps pursuant to Section 66453 of the Subdivision Map Act.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.108. - Division of land committee review.

The division of land committee shall meet to confer and make recommendations on tentative maps within twenty-four (24) days subsequent to the submission thereof. Division of land committee meetings shall be open to the public, and the subdivider, his authorized agent, or any other interested party may appear and present any matters relevant to the proceedings.

(Ord. No. 208, § 2, 9-15-75)

The director of planning shall prepare a written report, setting forth the recommendations of the division of land committee and the contents of departmental reports submitted to the director at or prior to division of land committee meetings by city officers or departments or other interested agencies. The director shall transmit his report together with a copy of the tentative map to the advisory agency.

The director of planning shall provide the subdivider with a copy of the director's report at least three (3) days prior to final action on the tentative map by the city council. If the subdivider or his authorized representative does not receive the report in person, this provision shall be deemed accomplished when the director's report is placed in the mail, bearing the proper postage, and directed to the subdivider at his designated address.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.110. - Advisory agency action.

The advisory agency will review the report of the director of planning and forward it with recommendations to the city council within fifty (50) days after the tentative map has been filed.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.111. - City council action.

The city council shall approve, conditionally approve, approve for waiver, or disapprove tentative maps within ten (10) days or at its next succeeding regular meeting after receipt of the report of the director of planning, and shall report such action directly to the subdivider. Action on tentative maps shall be taken at a public meeting at which the subdivider, his authorized representative or any other interested party may appear and present any matters relevant to the proposed division of land.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.112. - Variances.

The city council may grant variances to the provisions of this chapter which it determines are warranted because of the size or shape of the division of land, unusual physical conditions, title restrictions, the proposed use of one or more parcels, or the nature of the interest to be conveyed in parcels created by the proposed division of land. The city council shall declare its decision on all variances stating the grounds for each variance. The variances and/or conditions shall be included in the city council's report on the tentative map and shall become a part thereof. No variance shall be granted which has the effect of negating the provisions of an ordinance of this city other than this ordinance or which is inconsistent with the provisions of state law.

(Ord. No. 208, § 2, 9-15-75)

Secs. 11-2.113, 11-2.114. - Reserved. Sec. 11-2.115. - Time limits.

The time limits for acting and reporting on tentative maps and appeals as specified in this Article and by the Subdivision Map Act may be extended by mutual consent of the subdivider and the advisory agency or the city council as the case may be.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.116. - Criteria for rejection.

The city council may reject a tentative map if it finds that:

(a)

The proposed map is not consistent with applicable general and specific plans.

(b)

The design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

(c)

The site is not physically suitable for the type of development proposed.

(d)

The site is not physically suitable for the proposed density of development.

(e)

The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

(f)

The design of the subdivision or of the proposed improvements is likely to cause serious public health problems.

(g)

The design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

The city council shall not deny approval of a final subdivision map pursuant to section 66474 of the Subdivision Map Act, if it has previously approved a tentative map for the proposed subdivision and if it finds that the final map is in substantial compliance with the previously approved tentative map.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.117. - Notification of real estate commissioner.

If a division of land contains five (5) or more lots, the city council shall forward a copy of the conditions of approval of the tentative map to the state real estate commissioner.

(Ord. No. 208, § 2, 9-15-75)

Secs. 11-2.118—11-2.150. - Reserved. Article 4. - Design

Sec. 11-2.151. - Access.

Access to a design unit or to any lesser unit thereof, if more than one parcel map or final map is to be filed on a design unit, shall be by means of an improved public street or highway.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.152. - Highways—Conformity with General Plan.

If the circulation element of the General Plan shows a highway so located that any portion thereof lies within a design unit, that portion of the highway which is within the design unit shall be included in the design of the division unless the city council determines that there is a reasonable probability that the General Plan will be amended to remove or relocate the highway so that it is no longer within the design unit.

If the city council determines that the present acceptance and construction of a highway or portion thereof is not warranted, the highway or portion thereof shall be included in the design of the division of land as a future street.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.153. - Same—Alignment.

If a center line has been established for a highway, the alignment of the highway shall conform to the established center line. If no center line has been established, the alignment shall conform to the following requirements:

(a)

The alignment shall be substantially as shown on the circulation element of the General Plan.

(b)

The center line curve radius of a major highway shall be not less than one thousand five hundred (1,500) feet.

(c)

The center line curve radius of a secondary highway shall be not less than one thousand (1,000) feet.

(d)

Highways shall intersect with streets and other highways as nearly at a right angle as is practical.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.154. - Same—Grades.

No highway shall have a grade of more than six (6) percent nor less than four-tenths (0.4) of one percent.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.155. - Same—Widths.

Major highways shall have a width of one hundred (100) feet and secondary highways shall have a width of eighty (80) feet, unless a different width is indicated on the circulation element of the General Plan.

(Ord. No. 208, § 2, 9-15-75)

The alignment of streets shall be such as to provide at least forty (40) feet of frontage for each lot in the design unit not having frontage on a highway and, where necessary, to provide for the future development of adjacent properties. Lots which abut a major or secondary highway, to which access rights are to be relinquished, shall be provided with frontage on a service road or other local street.

(a)

Center line jogs of one hundred fifty (150) feet or less shall be avoided wherever practicable.

(b)

On any street no center line curve radius of less than two hundred (200) feet shall be provided. A center line having an arc length of less than one hundred (100) feet shall not be permitted unless the center line radius is greater than three thousand (3,000) feet.

(c)

Streets shall intersect with other streets and highways as nearly at a right angle as practicable.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.157. - Street grades.

No street shall have a grade of less than four-tenths (0.4) of one percent nor more than ten (10) percent except where the city council determines a grade not to exceed fifteen (15) percent to be appropriate.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.158. - Streets and alleys, right-of-way and roadway widths.

Streets and alleys shall have minimum right-of-way and roadway widths as shown in the following cross sections; alternative cross sections may be used where existing improvement patterns or neighborhood design warrants and the city council so finds:

STREETS, STREETS ADJACENT TO SCHOOLS, MULTIPLE RESIDENTIAL USE STREETS

==> picture [351 x 85] intentionally omitted <==

Streets Adjacent to Schools Illustration

ALTERNATE CROSS SECTION

==> picture [389 x 85] intentionally omitted <==

Alternate Cross Section

INTERIOR LOCAL STREETS—ONE-FAMILY RESIDENCES

==> picture [342 x 84] intentionally omitted <==

Interior Local Streets

ALTERNATE CROSS SECTION

==> picture [352 x 84] intentionally omitted <==

Alternate Cross Section

ALLEY

==> picture [124 x 65] intentionally omitted <==

Alley Illustration

*Easement for utility purposes

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.159. - Future streets and alleys.

The city council may require that future streets and alleys be provided for the future division of lots shown on the tentative map and for the development of adjoining property.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.160. - Alleys.

The city council may require that an alley be provided at the rear of lots which are intended for multiple residential (not including two-family use), commercial or industrial use.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.161. - Reserved. Sec. 11-2.162. - Cul-de-sac streets and dead-end alleys.

An adequate turning area, conforming to the specifications of the superintendent of streets, shall be provided at the end of cul-de-sac streets and dead-end alleys.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.163. - Right-of-way corner.

Intersections of road right-of-way lines, where one or both streets are local residential, shall be rounded with a curve having a radius of thirteen (13) feet, unless otherwise determined by the superintendent of streets.

Intersections of road right-of-way lines, where both streets are highways or one of the streets serves a commercial or industrial development shall be rounded with a curve having a radius of twenty-seven (27) feet, unless otherwise determined by the superintendent of streets.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.164. - Alley intersections.

Where two (2) alleys intersect, a cutoff of not less than ten (10) feet at the intersection of right-of-way lines shall be provided.

(Ord. No. 208, § 2, 9-15-75)

Secs. 11-2.165—11-2.170. - Reserved. Sec. 11-2.171. - Lot design.

(a)

Each lot in a division of land shall have an area, lot width, and street frontage of not less than the required standard for the zone within which the lot is located, unless approved as a planned residential development under section 11-1.30.17 of this title. Strips of land intended for use as vehicular access shall not be included in calculating average width or required area. The required area and the required width shall be the same as those terms are defined in the zoning ordinance. Where said zoning ordinance does not establish a required area or width in a particular zone, the required area shall be five thousand (5,000) square feet. The required lot width for all lots shall be not less than fifty (50) feet along the entire length of the lot, including a minimum of fifty (50) feet of frontage on a fully dedicated street unless approved as a planned residential development under section 11-1.30.17 of this title. A lot fronting on the turnaround portion of a cul-de-sac street may have a minimum frontage of forty (40) feet. A variance from these requirements may be applied for pursuant to article 70 of the Lomita Municipal Code, "Zoning Ordinance Administration."

(b)

If a lot is in more than one zone, then the area and width thereof shall be not less than the area and width requirements, respectively, in that zone in which any part of the lot is located which has the largest area requirement and in that zone in which any part of the lot is located which has the greatest width requirement.

(c)

This section does not apply to any lot which the subdivider offers to deed or dedicate to the public.

(d)

Where public sewers are not available and private sewage disposal is to be used, every lot or parcel or building site shall be of sufficient size to provide for satisfactory sewage disposal for the land use intended.

(e)

In all cases where practical, the side lines of lots shall be at an approximate right angle to the street upon which such lots front.

(f)

Wherever practical, divisions of property abutting rights-of-way for freeways, limited access highways, railroads, transmission lines and flood-control channels shall be designed so as to create lots which back up to said rights-of-way.

(g)

Any lot line created or adjusted after the adoption of this ordinance (July 20, 1992) shall be designed so that flag lots, "L", or other peculiar shaped lots and landlocked lots are not created.

(Ord. No. 208, § 2, 9-15-75; Ord. No. 411, § 2, 12-15-86; Ord. No. 440, § 3, 4-17-89; Ord. No. 498, § 2, 7- 20-92; Ord. No. 733, § 2(pt. 2), 9-7-10; Ord. No. 852, § 4(C), 5-16-23)

Sec. 11-2.172. - City boundary.

No lot shall be divided by a city boundary line. Each such boundary line shall be made a lot line.

(Ord. No. 208, § 2, 9-15-75)

Secs. 11-2.173—11-2.200. - Reserved. Article 5. - Improvements

Sec. 11-2.201. - General requirements.

Improvements required to be installed or agreed to be installed by a subdivider as a condition precedent to the filing of a final map or parcel map shall comply with the requirements of this Article. Such improvements shall be provided and developed in accordance with the conditions imposed as a condition of approval of the tentative map, in accordance with any agreement or bond made or entered into by the subdivider for that purpose, and in accordance with the standards and specifications set by administrative regulations and ordinances of the City of Lomita applicable at the time of approval of the tentative map.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.202. - Improvement and site development plans.

Plans, profiles and specifications for improvements other than street and highway improvements shall be submitted to the city engineer not later than the time a final map or parcel map is submitted for checking and certification. Such plans shall show all details of the proposed improvements needed for approval of the plans by the city engineer. Such details may include requirements of other governmental bodies whose jurisdiction some portion of the plan may encompass.

Final plans must be approved by the city engineer before a final map is transmitted to the city council for approval or a parcel map is certified for filing by the city engineer if:

(a)

The subdivider applies for a reimbursement agreement.

(b)

Another governmental agency, whose approval of plans is necessary, will not approve preliminary plans.

Preliminary plans may be approved by the city engineer when sufficient engineering data is furnished by the subdivider to demonstrate that the preliminary design meets the city's standards and specifications, is practicable from a maintenance standpoint and is consistent with sound engineering practices and that the final plans will conform to the preliminary plans with only minor changes.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.203. - Improvement plans, street and highway.

Plans, profiles and specifications for all street and highway improvements shall be subject to the approval of the superintendent of streets. Such plans shall be furnished to the superintendent of streets not later than the time of submitting the final map or parcel map to the city engineer for checking and shall be subject to the approval of the superintendent of streets before any such map shall be certified by the city engineer. Such plans, profiles and specifications shall show full details of the proposed improvements and shall be in accordance with the standards and specifications of the City of Lomita as adopted by the city council. Such plans shall also include the design grade for an existing highway or for a future street provided the superintendent of streets determines that such grade is necessary to properly locate slope and drainage easements, if any.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.204. - Map showing structures.

If streets, highways or other public ways are to be dedicated on a final map or by separate instrument prior to filing a parcel map and the subdivider is required to grade, pave or install curbs, gutters or sidewalks within such easements, the subdivider shall provide a copy of the final map or parcel map, as the case may be, which delineates all structures within such easements, except publicly owned storm drains, waterlines, sewers and other drainage or sanitary facilities. Such maps shall be submitted to the superintendent of streets when highway improvement plans are submitted for approval.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.205. - Highway improvements.

Each highway shall be improved with full width grading, cement concrete curbs and gutters, full width roadway paving, installation of drainage facilities incidental thereto, street signs, and such other improvements for traffic and drainage needs as are required for the appropriate development of the division of land.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.206. - Street improvements.

Each street, whether public or private, shall be improved with full width grading, cement concrete curbs and gutters, full width roadway paving, drainage facilities incidental thereto and street signs.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.207. - Improvements to existing streets or highways adjacent to the division of land.

If a portion of an existing street or highway constitutes any portion of the boundary of the division of land and such street or highway is unimproved, or the city council determines that the improvements are insufficient for the general use of the lot owners in the division of land and for local neighborhood traffic and drainage needs, the city council may require the subdivider to improve or agree to improve such street or highway as specified in sections 11-2.205, 11-2.206 and 11-2.217.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.208. - Improvements to existing streets or highways within the division of land.

The city council may require the remodeling of an existing street or highway. Such remodeling shall be in accordance with the improvement requirements specified in sections 11-2.205, 11-2.206 and 11-2.217.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.209. - Improvements of future streets.

Except for full width grading, the subdivider shall not be required to improve streets or highways shown on a final map or a parcel map as future streets.

(Ord. No. 208, § 2, 9-15-75)

Temporary improvements may be required prior to, or concurrent with, permanent improvements. In such instances, the temporary improvements shall be installed in a manner approved by the city engineer or superintendent of streets, whichever is appropriate.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.211. - Protective improvements.

The city council may require such structures to be installed as are necessary for the proper functioning and maintenance of the improvements required to remove a flood or geological hazard and as are necessary for the protection of property adjacent to the division of land.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.212. - Drainage improvements.

The subdivider shall provide such drainage facilities as are considered necessary by the city council for the drainage requirements of the division of land and for local neighborhood needs. Such facilities shall be constructed in accordance with standards and specifications approved by the city engineer.

(Ord. No. 208, § 2, 9-15-75)

A solid masonry wall six (6) feet in height shall be constructed along the perimeter of tracts and parcel maps, except along the public right-of-way; within the twenty-foot front yard setback area; and where said wall would obstruct the visibility of pedestrian and/or vehicular traffic. At each point along the perimeter, the height of the wall shall be measured from the higher of the finished grade on either side of the wall.

A modification from this requirement may be applied for pursuant to Article 70 of the Lomita Municipal Code (Zoning Ordinance Administration).

(Ord. No. 208, § 2, 9-15-75; Ord. No. 407, § 3, 9-15-86; Ord. No. 440, § 4, 4-17-89; Ord. No. 733, § 2(pt. 2), 9-7-10)

Sec. 11-2.214. - Fencing of watercourses or drainage facilities.

The subdivider shall provide a chain link fence or equivalent, not less than six (6) feet high, along each side of any portion of a dedicated right-of-way for any watercourse or drainage facility within a proposed division of land if the city council finds that the location, shape, slope, width, velocity of water therein, or other characteristics of the watercourse or drainage facility makes the fencing of the right-of-way necessary for the protection of the general public. Such fencing shall have an adequate number of gates to facilitate cleaning and maintenance and shall not contain apertures below the fence in excess of four (4) inches vertical.

(Ord. No. 208, § 2, 9-15-75)

Utility lines, including but not limited to electric, communications, street lighting and cable television, shall be required to be placed underground. The subdivider is responsible for complying with the requirements of this section, and he shall make the necessary arrangements with the utility companies for the installation of such facilities. For the purposes of this section, appurtenances and associated equipment such as, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts in an underground system may be placed above ground. The city council may waive the requirements of this section if topographical, soil or any other conditions make such underground installations unreasonable or impractical.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.216. - Sanitary sewers.

The city council may require the subdivider to install sanitary sewers to serve each lot in a division of land. Such sewers shall be designed in accordance with the requirements of the city engineer and the outlet to be used for the sewers shall be designated by the city engineer.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.217. - Sidewalks.

The subdivider shall install concrete sidewalks not less than four (4) feet wide when adjacent to the property line or not less than five (5) feet including curb when adjacent to the curb along that side of all service roads upon which lots abut and on both sides of all other streets and highways. Sidewalks shall be installed adjacent to the curb only if the city council so specifies.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.218. - Street lighting system.

The subdivider shall provide an ornamental street lighting system in each division of land of five (5) lots or more. Plans for the installation of the system shall be submitted to the superintendent of streets for approval.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.219. - Street trees and plants.

The subdivider shall plant trees in the parkway panels of streets and highways within or adjacent to a division of land; the type or species and location of such trees shall be subject to the approval of the parks and recreation department.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.220. - Water mains and fire hydrants.

The subdivider shall install or agree to install mains and fire hydrants in the division of land for the general use of the lot owners and for fire protection. The installation of such water mains and fire hydrants shall comply in all respects with all statutes, ordinances, rules and regulations applicable to water mains and fire hydrants. In the absence of such statutes, ordinances, rules and regulations, required domestic water flows shall be determined by the city engineer and required fire flows, duration of required fire flows, and fire hydrant type and location shall be determined by the fire chief.

Water mains and fire hydrants may be required on existing streets or highways adjacent to or within the division of land provided the existing improvements are insufficient for the general use and/or fire protection of the lot owners.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.221. - Improvement agreement.

If a required improvement is not completed before a final map or parcel map is filed, the subdivider shall enter as contractor into an agreement with the city to complete the improvement within the time specified in the agreement.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.222. - Cost of improvement.

Improvements required by this Article shall be installed and constructed by the subdivider at his expense, and shall not be paid for by any special assessment lien, tax, bonded indebtedness, or other charge

against the land or real property within the division, except:

(a)

The cost of installing pipes and other facilities for the transmission of water may be paid for in whole or in part from revenues collected from the customers served at regular established water rates for the water company, pursuant to regulations of the public utilities commission where applicable, or by a public agency (as defined in Section 4401 of the California Government Code) from the net operating income only, as payment for the sale of water thereto.

(b)

As provided in Sections 66483, 66484, 66485 and 66488 (sewer and drainage reimbursement contracts) of the Subdivision Map Act or other reimbursement enabling acts.

All outstanding or remaining assessments on the land of the division established for improvements constructed under special assessment district proceedings shall be paid by the subdivider.

(Ord. No. 208, § 2, 9-15-75)

(a)

Maintenance required: Whenever any retaining wall, decorative wall, fence or other enclosure is required as a condition for any division of property under this chapter, it shall be the responsibility of the property owner and the property owner's successors in interest to maintain said walls or fences. All such walls or fences must be maintained in a condition adequate to serve the purpose for which they were required, whether related to safety, stability, security or aesthetics.

(b)

City's right to repair: The city administrator or his designee may, after inspection of the wall or fence, require that maintenance or repair at the owner's expense be performed upon any such fence or wall by the owner of the property upon which the fence or wall is located. If said owner fails to perform the required maintenance or repair within thirty (30) days from the date of initial notification by the city administrator or his designee, the city may notify the property owner of its intent to enter the property and perform the required repair and maintenance itself at the owner's expense. Any such notice shall inform the property owner that he shall have a right to a hearing and that said hearing must be requested within five (5) days from the mailing date of the notice. If after five (5) days the property owner has failed to request a hearing or, after hearing so held, the city may enter the property and perform the required maintenance and repair.

(c)

Cost of repair; imposition of lien: The actual cost of said maintenance or repair shall be charged against the property owner. The city shall notify the property owner of the amounts so charged and of his right to a hearing regarding the amount. If within ten (10) days of the mailing date of said notice the property owner has failed to request a hearing and failed to pay the amount charged, or after hearing so held, the city may

record a lien upon the affected property for the amount due plus interest at the legal rate. The lien to be recorded shall be in a form approved by the city attorney.

(Ord. No. 460, § 1, 2-20-90)

Editor's note— Section 1 of Ord. No. 460, adopted Feb. 20, 1990, added § 11-2.251 to the Code. This would have duplicated a section within art. 6, relating to final and parcel maps. For purposes of classification and to avoid repetition of section numbers, the editor has included the provisions as § 112.223.

Secs. 11-2.224—11-2.250. - Reserved. Article 6. - Final Maps; Parcel Maps

Sec. 11-2.251. - Term of tentative map approvals.

An approved or conditionally approved tentative map shall expire twenty-four (24) months after its approval or conditional approval. Within such twenty-four-month period a subdivider may cause the proposed division of land to be accurately surveyed and a final map prepared and filed in the office of the county recorder. The time limit for such filing may be extended by the city council for a period or periods of time as allowed under the Subdivision Map Act.

(Ord. No. 518, § 1, 7-12-93)

Sec. 11-2.252. - Time limit on parcel maps.

Within two (2) years after the approval or conditional approval of a tentative map, a subdivider may cause the proposed division of land to be accurately surveyed, if necessary, and a parcel map prepared and filed in the office of the county recorder. The time limit for such filing may be extended by the city council for a period not to exceed one (1) year.

(Ord. No. 208, § 2, 9-15-75; Ord. No. 393, § 2, 1-6-86)

Sec. 11-2.253. - Conformity to the tentative map.

The final map or parcel map shall conform to the approved tentative map and to the requirements and conditions contained on the report approving the tentative map. No final map or parcel map shall be accepted by the city engineer unless a tentative map has been approved by the city council.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.254. - Submission.

Final maps or parcel maps shall be submitted to the city engineer. A subdivider shall submit sufficient copies of the final map or parcel map to permit the city engineer to furnish copies to city officers and departments and to other public agencies which in the opinion of the city engineer may have an interest in the map.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.255. - Reports.

Each officer or department, within fifteen (15) days after the receipt of a print of a final map or parcel map, shall report in writing to the city engineer as to the compliance or noncompliance of the map with the approved or conditionally approved tentative map.

(Ord. No. 208, § 2, 9-15-75)

Secs. 11-2.256—11-2.260. - Reserved. Sec. 11-2.261. - Dedications—Final and parcel maps.

Dedications or grants of easements required as a condition precedent to filing a final map shall be made on the final map. Dedications or grants of easements required as a condition precedent to filing a parcel map may be made either by certificate on the final parcel map or, be offered by separate instrument, accepted and recorded prior to or concurrently with the filing of the parcel map.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.262. - Same—Reversion to acreage.

The city council may require dedications as a condition precedent to filing a final map for the purpose of reverting to acreage land previously subdivided.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.263. - Same—Streets, highways, alleys and other vehicular and pedestrian rights-of-way.

Except as otherwise provided by this section, streets, highways, alleys, and other vehicular and pedestrian rights-of-way, or portions thereof, which are required as a condition precedent to filing a final map or parcel map shall be offered for public use.

With the approval of the city council, a street or alley which is intended to be kept physically closed to public travel or posted as a private right-of-way may be shown as a private street or alley. Private streets and alleys shall be conditionally dedicated, which offer may be accepted by the city council, if the street or alley ceases to remain physically closed or posted and is open to public travel for a period of three (3) months or more.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.264. - Future streets and alleys.

Future streets and alleys shall be offered for public use, which offer shall remain open for an indeterminate period of time until the city council determines that the opening of the street or alley is warranted. The owners of the underlying fee to any portion of a future street or alley shall retain the right to any and all ordinary uses of such land, except the erection or construction thereon of any structure not ordinarily placed in public streets or alleys, until such time as the city council opens the street or alley for public use.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.265. - Access rights.

Access rights to major and secondary highways and to one street for double-frontage lots, except corner lots, shall be dedicated unless abutting lots are to be used for commercial or industrial development.

(Ord. No. 208, § 2, 9-15-75)

The right to restrict the erection of buildings or other structures within those portions of lots which are shown as being subject to flood hazard, inundation or geological hazard on a final map or parcel map shall be dedicated.

(Ord. No. 208, § 2, 9-15-75)

If sewers or drains or both are required for the general use of lot owners in a division of land and such sewers or drains are not to be installed within public highways, streets or alleys, the necessary easements shall be granted.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.268. - Natural watercourses.

In the event that a division of land is traversed by a major watercourse, channel, stream, swale or creek, the city council may require that an adequate right-of-way be dedicated for storm drainage purposes.

(Ord. No. 208, § 2, 9-15-75)

Secs. 11-2.269, 11-2.270. - Reserved.

Sec. 11-2.271. - Final and parcel maps, general requirements.

(a)

Final maps and parcel maps shall be prepared in accordance with the requirements of the Subdivision Map Act and of this chapter.

(b)

Final maps and parcel maps shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor.

(c)

The division of parcels which are not abutting shall be shown on separate maps, unless such parcels are separated because of the interposition of a highway, street, alley or railroad, public utility or flood-control right-of-way.

(Ord. No. 208, § 2, 9-15-75)

(a)

The title sheet of each map shall contain a title consisting of the words "Tract No." and the map number on a final map or the words "Parcel Map No." and the map number on a parcel map. The title shall also contain the words "In the City of Lomita" or "partly in the City of Lomita and partly in …." (here insert the name for the political division involved).

(b)

The title sheet shall also contain a subtitle consisting of a description of all of the property being divided by reference to maps previously filed or recorded in the office of the county recorder or previously filed with the county clerk pursuant to a final judgment in any action in partition or by reference to the plat of a United States survey. Upon the title sheet of each map filed for the purpose of reverting subdivided land to acreage, the subtitle shall consist of the words "Being a Reversion to Acreage of …." (insert a legal description of the land being reverted). Each reference in these subtitles must be spelled out and worded identically to the original record thereof. A complete reference to the book and page of the cited record must be included.

(c)

The title sheet for a parcel map shall contain the certificate of the surveyor or engineer referred to in Section 66449 of the Subdivision Map Act. The title sheet for a final map shall contain the certificate of the surveyor or engineer referred to in Section 66441 of the Subdivision Map Act. The title sheet or at least one map sheet shall contain a basis of bearings, making reference to a filed tract map, county surveyor's map or other record acceptable to the city engineer.

(d)

Required certificates, affidavits and acknowledgments may be legibly stamped or printed on the title sheet of a final map or parcel map with opaque ink. All required signatures shall be written with opaque ink. All such entries shall be readily reproducible by any normal method of reproduction.

(Ord. No. 208, § 2, 9-15-75)

Each map sheet of a final map or a parcel map shall conform to the following format:

(a)

Each map sheet and the lettering thereon shall be oriented so that, with the north point directed away from the reader, the map may be read most conveniently from lower right-hand corner of the sheet.

(b)

Each map sheet shall bear the main title of the map, the scale, north point and sheet number and designation of the relation, if any, between the sheet and each other sheet comprising the final map or parcel map.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.274. - Divisions of land for purpose of lease only.

If the city council approves a land division as a division of land for lease only, there shall appear on a final map or parcel map of the division in letters not less than one-fourth ¼ inch in height the words: "DIVISION OF LAND FOR PURPOSE OF LEASE ONLY."

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.275. - Lot numbers and area designation.

(a)

All lots shall be numbered. Lot numbers shall begin with the numeral "1" and continue consecutively without omission or duplication throughout the entire map. No prefix or suffix or combination of letter and number shall be used. Each lot shall be shown entirely on one sheet.

(b)

Upon each lot containing an area of three-fourths ¾ of an acre or more shall be designated the acreage of the lot to the nearest one-hundredth of an acre.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.276. - Lot, block and boundary lines.

(a)

The bearing and length of each lot, block and boundary line shall be shown on a final map or parcel map, except that, when bearings and lengths of lot lines in a series of lots are the same, the bearings or lengths may be omitted from each interior, parallel lot line of the series. Each required bearing or length shall be shown in full and no ditto mark or other designation of repetition shall be used.

(b)

The length, radius and total central angle or bearings of terminal radii of each curve and the bearing of each radial line to each lot corner on each curve, or the central angle of each segment within each lot, shall be shown.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.277. - Reserved. Sec. 11-2.278. - Widths and center lines of streets, highways, alleys and other ways.

(a)

Each final map or parcel map shall show the center line, the total width, and the width on each side of the center line of each street, highway, alley or other way appearing on the map. The bearing and length of each tangent and the radius, central angle and length of each curve shall be shown on each center line.

(b)

Final maps shall also show the width of right-of-way to be dedicated on the map when only a portion of a street, highway, alley or way is within the map boundary.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.279. - Private and future streets and alleys.

(a)

Final and parcel maps shall show sufficient mathematical data to clearly indicate the portion of each lot which is within private or future streets or alleys in addition to the width and center line detail required by section 11-2.278.

(b)

Right-of-way lines for private or future streets or alleys shall be dashed.

(c)

Each private or future street or alley shall be clearly identified as such.

(Ord. No. 208, § 2, 9-15-75)

(a)

Final maps and parcel maps shall show the name of each highway or street, other than a future street, appearing on the map. Street and highway names shall be shown in or arrowed to the right-of-way.

(b)

If only a portion of a street or highway is to be dedicated on a final map, the street or highway name shall be shown or arrowed into both the portion to be dedicated and the existing portion of the street or highway.

(c)

Street and highway names shall be subject to the approval of the city engineer.

(d)

The word "avenue," "street," "place" or other street or highway designation shall be spelled out in full.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.281. - Railroad, transmission line and flood-control rights-of-way.

Final maps and parcel maps shall show the width and location of each railroad or transmission line right-ofway, flood-control channel, or other similar rights-of-way appearing on the map. Rights-of-way which

appear on a map as a lot or a series of lots shall be shown as provided in sections 11-2.275 and 11-2.276.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.282. - Easements—Required on final and parcel maps.

Final maps and parcel maps shall show all easements which are a burden upon lots in the division or reversion or which are required as a condition precedent to filing the map.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.283. - Same—How shown.

Easements appearing on a final map or parcel map shall conform to the following requirements:

(a)

The side lines of each easement shall be shown. Widths, center lines, center line or side line data, and ties shall be shown as necessary to definitely locate each easement.

(b)

Easement side lines shall be shown as fine dashed lines.

(c)

Distances and bearings on the side lines of lots which are cut by easements shall be arrowed or otherwise shown so as to clearly indicate the actual length of each lot line.

(d)

Each easement shall be clearly labeled and identified and, if of record, the record reference shall be shown thereon. If an easement is to be granted by separate instrument, the record reference shall be shown on the map prior to the time of filing.

(e)

Notes or figures pertaining to easements shall be subordinated in form and appearance to other notes or figures on the map.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.284. - City boundary lines.

Final maps and parcel maps shall show each city boundary line crossing or adjoining a division or reversion. Each such line shall be clearly designated and tied.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.285. - Lots subject to flood hazard, inundation or geological hazard.

If any portion of a lot shown on a final map or parcel map is subject to flood hazard, inundation or geological hazard, and the hazard is not to be removed as a condition precedent to filing the map, the hazard area and a prominent note identifying the hazard shall be shown on the map.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.286. - Natural watercourse designation.

In the event that dedication of right-of-way for storm drainage purposes is not required, the advisory agency may require that a final map or parcel map show the location of any natural watercourse, stream, channel, swale or creek which traverses the map.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.287. - Parcel maps compiled from record data to carry source of information.

If a parcel map is compiled from record data, the source of information used shall be contained in a note on one sheet of the map.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.288. - Evidence determining boundary to be shown on final maps and parcel maps for which a survey is required.

Each final map and each parcel map for which a survey is required shall show evidence found on the ground of sufficient corners of prior surveys or such other evidence as may be suitable to precisely locate the boundaries of the division or reversion shown on the map. Each stake, monument or other object found shall be fully described and referenced. The method used to establish each point or line shall be clearly shown and explained on the map.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.289. - Survey procedure and practice.

The procedure and practice for all survey work done for preparation of a final map or parcel map shall conform to the standards and details set forth in Chapter 15, Division 3, of the Business and Professions Code, the Land Surveyor's Act. The allowable error of closure on any portion of a final map or parcel map shall be 1/10,000. In the event that the county engineer, county road commissioner, the state highway engineer or city engineer shall have established the center line of any highway, street or alley shown on a final map or parcel map, the map shall show such center line, together with a reference to a field book or map showing such center line and the monuments which determine its position. If determined by ties, that fact shall be stated upon the final map or parcel map.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.290. - Monuments.

(a)

Each final map and each parcel map for which a survey is required shall show durable monuments found or set at or near each boundary corner and at intermediate points, approximately one thousand (1,000) feet apart, or at such lesser distances as may be made necessary by topography or culture to insure accuracy in the reestablishment of any point or line without unreasonable difficulty. The precise position and the character of each such monument shall be shown on the map. Such durable monument shall be not less substantial than an iron pipe of a two-inch outside diameter, not less than two and one-half (2½) feet in length, with plug and tack, and set at least two (2) feet into the ground or of such other character and stability as may be approved by the city engineer. For the purposes of this chapter a lead and tack set in permanent concrete or masonry shall be considered as a durable monument. The approximate elevation of the top of each such monument with respect to the surface of the ground shall be shown on said map.

(b)

Whenever necessary in the opinion of the city engineer, center line monuments shall be set to mark intersections of streets or intersections of streets with the map boundary or to mark either the beginning and end of curves or the points of intersection of tangents thereof or other intermediate points. Each such monument shall be not less durable and substantial than:

(1)

In asphaltic concrete or cement pavements a lead and tack.

(2)

In unsurfaced graveled or oiled surfaces a two-inch iron pipe set not less than twelve (12) inches below the surface, or at such depth as may be approved by the city engineer.

(3)

In bituminous macadam pavements a spike not less than six (6) inches long.

For each center line monument set, the engineer or surveyor under whose supervision the survey has been made shall furnish to the city engineer a set of notes, clearly showing the ties between the monument and a sufficient number (normally four (4)) of durable, distinctive reference points or monuments. Such reference points or monuments may be leads and tacks in sidewalks, or two (2) inch by two (2) inch takes set back of the curbline and below the surface of the ground, or a substitute therefor which appears to be not more likely to be disturbed.

Each set of notes submitted shall conform in all respects to the standardized office records of the city engineer. All such notes shall be indexed and filed by the city engineer as a part of the permanent public records of his office.

(c)

All monuments set as required herein shall be permanently and visibly marked or tagged with the registration or license number of the engineer or surveyor under whose supervision the survey was made.

(d)

All boundary monuments shall be set prior to filing the final map or parcel map. Interior street center line monuments may be set subsequent to filing of the final map or parcel map. The final map or parcel map shall show which monuments are in place and which are to be set. Prior to certification of the final map or parcel map by the city engineer, the subdivider shall submit a written agreement in which he agrees that monuments deferred will be set within a specified time and that the notes required in section 11-2.290(b) will be furnished within a specified time.

(e)

All monuments shall be subject to inspection and approval of the city engineer.

(Ord. No. 208, § 2, 9-15-75)

The evidence of title required for final maps and parcel maps where dedications are by certificate on the parcel map by the provisions of Section 66465 of the Subdivision Map Act shall be a certificate of title or a policy of title insurance issued by a title company authorized by the laws of the State of California to write the same, showing the names of all persons having any record title interest in the land to be subdivided, together with the nature of their respective interests therein. In the event that land in the City of Lomita is to be dedicated, the certificate of title or policy of title insurance shall be issued for the benefit and protection of the City of Lomita. The certificate or policy shall be dated and delivered upon request of the city engineer when the map is ready for filing.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.292. - Waiver of signatures.

If the owner of an easement in a right-of-way offered for public use on a final map or parcel map where dedications are made by certificate on the parcel map, who has no other interest whatever in any part of the lands included within the division or reversion, refuses to make his easement subject to the right-of-way offered to the public but the map in all other respects complies with this chapter, with the Subdivision Map Act, and with other applicable statutes and ordinances, and the city council finds that the subdivider has in good faith attempted to obtain the necessary signature from the owner and has been unable to do so and that a refusal to accept the map for filing would work an undue hardship on the subdivider, then by a majority vote of all its members, the city council may accept the final map or parcel map for filing.

(Ord. No. 208, § 2, 9-15-75)

Final maps or parcel maps on which easements are offered for public use shall have written thereon, in addition to or as part of any other certificate required, a certificate signed by all persons claiming an interest in the lands included within the division or reversion shown on the map, other than an interest which cannot ripen into a fee, in substantially the following form:

"We hereby certify that except as shown on a copy of this map on file in the office of the city superintendent of streets, we known of no easement or structure existing within the easements hereby

offered for dedication to the public, other than publicly owned waterlines, sewers or storm drains; that we will grant no right or interest within the boundaries of said easements offered to the public except where such right or interest is expressly made subject to the said easements."

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.294. - Separate instruments; preparation and evidence of title.

Separate instruments shall be prepared by a title company or by the city engineer. When dedicating by separate instrument, the subdivider shall submit a title report, prepared in favor of the city, which indicates who is required to sign the separate instrument to pass clear title to the city. This title report shall be kept up to date and the city shall be notified of any change until such time as the separate instrument is recorded.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.295. - Record title interests on parcel maps.

The signatures of all parties having any record title interest in the real property being subdivided shall not be required on any final parcel map unless dedications or offers of dedication are made by certificate on the parcel map.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.296. - Evidence of title for parcel maps.

Evidence of title shall be submitted with all final parcel maps. This shall show all fee interest holders, all interest holders whose interest could ripen into a fee, all trust deeds together with the name of the trustee, and all easement holders.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.297. - Eligibility for waiver.

The following minor land divisions shall be eligible for waiver of the requirement that a parcel map be filed, except where the tentative map of any such division, the conditions of approval thereof, or the requirements of the Subdivision Map Act or of this ordinance provide for or require the provision of road, drainage, sewer, water or other easements or the delineation of flood or geological hazard, drainageways or building restrictions:

(a)

Reserved.

(b)

Those of a lease project.

For the purposes of this section, the term "approved record of survey map" refers to record of survey maps which were approved by the board of supervisors and filed for record pursuant to various provisions of the

Subdivision Map Act prior to the effective date of Chapter 1180, Statutes 1965.

(Ord. No. 208, § 2, 9-15-75; Ord. No. 414, § 5, 6-1-87)

Sec. 11-2.298.1. - Request for waiver.

Waiver requests shall be made in writing on a standardized form provided by the advisory agency. The request shall include:

(a)

A request for waiver, signed and acknowledged by all owners of record of land comprising the minor land division;

(b)

A description of each proposed parcel;

(c)

If requested by the advisory agency, a plat map, showing sufficient ties, dimensions and bearings to adequately establish the boundaries of the minor land division and of each proposed parcel. Record information, when available, may be utilized.

The advisory agency may require the submission of documentation, i.e., preliminary title report, as it deems necessary to verify the information presented in the request for waiver. All submissions shall be legible and readily reproducible. Before approval of a request for waiver, the subdivider shall complete or guarantee completion of the conditions of approval as if a parcel map were to be filed.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.298.2. - Fees.

Upon submission of a request for waiver, the subdivider shall pay a filing fee of seventy-five dollars ($75.00). The subdivider shall also pay a sum of money equal to the amount required by law for filing with the county recorder a certificate of compliance for the parcels comprising the division.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.298.3. - Waiver procedure.

Within twenty (20) days after acceptance of a request for waiver or within such additional time as may be necessary, the advisory agency shall waive the requirement that a parcel map be filed as provided in section 11-2.297, if it finds:

(a)

That the design of each parcel described in the request for waiver is in substantial accordance with the tentative map, as approved;

(b)

That the proposed minor land division complies with all applicable requirements as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and other requirements of the Subdivision Map Act and of this ordinance.

When a waiver is granted pursuant to this section, the advisory agency shall, within twenty (20) working days, cause a certificate of compliance, describing each approved parcel, to be filed for record with the county recorder. The certificate of compliance shall state that the requirement that a parcel map of the division of land be filed has been waived and that the parcels comprising the division may be sold, leased, financed or transferred in full compliance with all applicable provisions of the Subdivision Map Act and of this ordinance.

The procedures set forth in this section shall be completed within the period prescribed by section 112.252 for filing a parcel map of a minor land division after approval or any extension thereof.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.299.1. - Certificate of compliance—Issuance.

A certificate of compliance may be issued for real property where the advisory agency has made a determination that such property complies with the provisions of the Subdivision Map Act and this ordinance.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.299.2. - Same—Conditions of granting.

Where the advisory agency finds that the property does not comply with the provisions of the Subdivision Map Act and this ordinance, they may, as a condition of granting a certificate of compliance, impose such conditions as permitted under the Subdivision Map Act and this ordinance.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.299.3. - Same—Void upon failure to implement conditions; transfer of property.

If the conditions imposed by the advisory agency for the granting of a certificate of compliance are not fulfilled or implemented by the applicant property owner or grantee the certificate of compliance shall have no force or effect upon any subsequent transfer of the property. Any subsequent transferee or assignee shall make a new application for a certificate of compliance and the advisory agency may impose such conditions as applicable at the time of the new filing.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.299.4. - Same—Application.

Except where a request for waiver has been approved, applications for the issuance of a certificate of compliance shall be submitted to the director of planning. Application for issuance of a certificate of compliance shall be made in writing on a standardized form provided by the director. The director may

require the submission of such supporting information as he deems necessary to determine compliance. All submissions shall be legible and readily reproducible.

(Ord. No. 208, § 2, 9-15-75)

Upon submission of a request for issuance of a certificate of compliance other than as provided in sections 11-2.297 to 11-2.298.3, the applicant shall pay a processing fee of fifty dollars ($50.00) plus three dollars ($3.00) for each parcel for which a determination is requested. The applicant shall also pay a sum of money equal to the amount required by law for filing with the county recorder the certificate of compliance.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.300. - Reserved. Article 7. - Fees; Deposits; Bonds

Sec. 11-2.301. - Tentative map fee.

Upon submission of a tentative map, the subdivider shall pay a fee of one hundred dollars ($100.00), and twenty-five dollars ($25.00) per lot.

If additional lots are added to a tentative map prior to approval by the city council, the subdivider shall pay the additional fee according to the above schedule. A lot required by the provisions of section 11671 shall be omitted in calculating the amount of the filing fee.

If the subdivider submits a revised tentative map subsequent to the approval of a tentative map by the city council as a substitute for the approved tentative map, he shall pay a fee of one hundred dollars ($100.00).

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.302. - Final maps and parcel maps, filing fee.

Upon the submission of a final map or parcel map, the subdivider shall deposit with the city engineer a sum of money equal to the amount required by law for filing the map, which money shall be deposited in a trust fund for that purpose until the map is filed. If the subdivider abandons his intention to cause the map to be filed, and so notifies the city engineer in writing, the deposit shall be returned to the subdivider.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.303. - Final map, checking fee.

Upon submission of a final map for checking, the subdivider shall pay a map checking fee to the city engineer in addition to all other fees and charges required by law. This fee shall be equal to the fee established by the county of Los Angeles for checking final maps.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.304. - Parcel map, checking fee.

Upon submission of a parcel map for checking, the subdivider shall pay a map checking fee to the city engineer in addition to all other fees and charges required by law. This fee shall be equal to the fee established by the County of Los Angeles for checking parcel maps.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.305. - Plan checking fees.

A subdivider shall pay to the city the following fees for checking improvement plans:

(a)

For plans for sewers and appurtenant facilities, the fee required by Title V, Chapter 2, of this Code.

(b)

For other improvement plans, a fee equal to the cost of checking the plans. Upon submission of plans to the city, the subdivider shall deposit an amount estimated by the appropriate city officer to be adequate to cover the cost of checking the plans. If at any time subsequent to making the deposit the actual funds expended exceed the amount of the deposit, the subdivider shall make an additional payment equal to the deficiency. Excess deposits, if any, shall be returned to the subdivider after completion of plan checking.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.306. - Inspection deposits.

Before commencing construction or installation of a required improvement, the subdivider shall deposit with the city:

(a)

For inspection of sewers and appurtenant facilities, the sum required by Title V, Chapter 2 of this Code.

(b)

For inspection of other improvements, a sum estimated by the appropriate city officer to be adequate to cover the actual cost of inspection.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.307. - Same—General in lieu of special.

In lieu of making the special deposits required by section 11-2.306, the subdivider may make and maintain with the city a general deposit in an amount determined by the officer with whom the deposit is made to be sufficient to protect the city's interest. Such deposits shall not be less than one thousand dollars ($1,000.00). The general deposit shall be held and used for the same purposes as a special deposit.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.308. - Same—Insufficient.

If a deposit made pursuant to section 11-2.306(a) or section 11-2.307 is insufficient to pay all of the costs of inspection, the subdivider, upon demand of the city, shall pay to the city an amount equal to the deficiency. Until such deficiency is paid in full, the improvements for which the insufficient deposit was made shall be considered uncompleted.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.309. - Same—Refunds.

The city shall refund unused deposits for inspection of sewers and appurtenant facilities as provided in Title V, Chapter 2 of this Code. In the case of other deposits, if the actual cost of inspection is less than the amount deposited, the city shall refund to the applicant any amount still remaining.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.310. - Improvement securities—Generally.

Except as provided in section 11-2.311, the improvement agreement required by section 11-2.221 shall be secured by an improvement security.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.311. - Same—Water mains.

If a subdivider shows to the satisfaction of the city engineer that he has entered into a contract with a water utility to construct water mains which contract makes the City of Lomita a party thereto and provides that the contract may not be modified or rescinded without the consent of the city, except as required by the public utilities commission, and has deposited with the water utility security for the payment of the water utility which the city engineer finds adequate, the subdivider need not accompany an agreement to install water mains with an improvement security.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.312. - Same—Amount and purpose.

An improvement security shall be for the following amounts:

(a)

An amount estimated by the inspecting officer to be equal to the cost of improvements covered by the security, guaranteeing the faithful performance of the improvement work.

(b)

An amount estimated by the inspecting officer to be equal to fifty (50) percent of the cost of the improvements covered by the security, securing payment to contractors and subcontractors and to all persons renting equipment or furnishing labor or materials to them.

(Ord. No. 208, § 2, 9-15-75)

Improvement securities shall be:

(a)

A bond or bonds issued by a surety company authorized to write the same in the State of California.

(b)

A deposit with the city of cash, negotiable bonds, letters of credit or savings and loan certificates or shares. Savings and loan shares or certificates shall be assigned to the city.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.314. - Same—Approval and acceptance.

Each improvement security shall be subject to approval and acceptance by the city council.

(Ord. No. 208, § 2, 9-15-75)

When a portion of an improvement has been fully completed, the inspecting officer may in his discretion authorize a reduction in an improvement security given for faithful performance equal to the estimated cost of the completed portion of the improvement.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.316. - Same—Forfeiture on failure to complete.

Upon the failure of a subdivider to complete an improvement within the time specified in an agreement, the city council may, upon notice in writing of not less than ten (10) days served upon the person, firm or corporation signing the contract or upon notice in writing of not less than twenty (20) days served by certified mail, addressed to the last known address of the person, firm or corporation signing the contract, determine that the improvement work or any part thereof is incompleted and may cause to be forfeited to the city the portion of the sum of money or bonds given for the faithful performance of the work or may cash savings and loan certificates or shares deposited and assigned to assure the faithful performance of the work to complete the improvement work.

(Ord. No. 208, § 2, 9-15-75)

Sec. 11-2.317. - Faithful performance bond or deposit for monuments.

The agreement referred to in section 11-2.290 shall be accompanied by a bond or cash deposit guaranteeing the faithful performance of the agreement in an amount estimated by the city engineer to be equal to the cost of setting monuments and furnishing notes.

(Ord. No. 208, § 2, 9-15-75)

Secs. 11-2.318—11-2.349. - Reserved.

Article 8. - Vesting Tentative Maps

Sec. 11-2.350. - Application.

When a provision of this ordinance requires the filing of a tentative map, a vesting tentative map may instead be filed in accordance with the provisions of this chapter.

(Ord. No. 393, § 3, 1-6-86)

Sec. 11-2.351. - Processing.

A vesting tentative map shall be filed in the same form, possess the same contents and shall be processed in the same manner as set forth in this chapter for a tentative map, except as hereinafter provided. At the time a vested tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map."

(Ord. No. 393, § 3, 1-6-86)

Sec. 11-2.352. - Other zoning approvals.

The subdivider must make application and receive approval concurrent with the vesting tentative map for all zoning approvals, including but not limited to site plans, conditional use permits and zone variances, which are necessary for ultimate development on the area covered by the vested tentative map.

(Ord. No. 393, § 3, 1-6-86)

Sec. 11-2.353. - Development conditions.

An approved or conditionally approved vesting tentative map shall not limit the city from imposing reasonable conditions on required approvals or permits necessary for the development and authorized by the ordinance, policies and standards described in Government Code Section 66474.2.

(Ord. No. 393, § 3, 1-6-86)

Sec. 11-2.354. - Amendments to vesting tentative maps.

After approval or conditional approval of a vesting tentative map, amendments can be made only by following procedures for the original approval or conditional approval. Approvals or permits which depart from the vesting tentative map may only be granted based upon an amendment to the vesting tentative map. No amendments shall be granted so as to modify or delete any public improvements and site development requirements and conditions approved in the first instance by the planning commission, or city council, including but not limited to grading, drainage facilities and structures. This section shall not be construed to prevent the city from denying or placing any conditions upon approval of a final map pursuant to Government Code Section 66498.1(c).

(Ord. No. 393, § 3, 1-6-86)

Sec. 11-2.355. - Expiration of approval and initial time period of vested rights.

(a)

The rights conferred by a vesting tentative map shall last for an additional time period of one (1) year beyond the recordation of the final map. Pursuant to Government Code section 66452.6(g), each city may establish the initial time period anywhere up to two (2) years beyond recording of the final map, but not less than one (1) year. Developers are allowed by state law to apply for a one-year extension of this initial period. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.

(b)

The initial time period set forth in subsection (c)(1) shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds thirty (30) days, from the date a complete application is filed.

(c)

A subdivider may apply for a one-year extension at any time before the initial time period set forth in subsection (c)(1) expires. If the extension is denied, the subdivider may appeal that denial to the legislative body within fifteen (15) days.

(d)

If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (b)—(d), the rights referred to herein shall continue until the expiration of that permit.

(Ord. No. 393, § 3, 1-6-86)

Sec. 11-2.356. - Vesting on approval of vesting tentative map.

(a)

The approval or conditional approval of a vesting tentative map by the advisory agency shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards described in section 66474.2 of the Government Code.

(b)

Notwithstanding the above provisions, a permit, approval, time extension and/or entitlement may be made conditional or denied by the advisory agency if any of the following are determined:

(1)

A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety.

(2)

The condition or denial is required in order to comply with the mandates of either state or federal law.

(Ord. No. 393, § 3, 1-6-86)

An approved or a conditionally approved vesting tentative map shall be effective for the time periods as provided for in sections 11-2.251 and 11-2.252 of this ordinance.

(Ord. No. 393, § 3, 1-6-86)

Secs. 11-2.358, - 11-2.359. Reserved. Article 9. - Park Land Dedications

Pursuant to section 66477 of the California Government Code, a subdivider as hereinafter provided must dedicate land to the city, or pay a fee to the city in lieu thereof, or a combination of both for park or recreation purposes.

(Ord. No. 442, § 1, 6-5-89)

This Article shall apply to all residential subdivisions. However, a condition may be placed on the approval of a nonresidential parcel map at the discretion of the city that if a building permit is requested for construction of a residential structure or structures on one (1) or more of the parcels within four (4) years, the fee provided for hereunder may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit. This Article does not apply to commercial or industrial subdivisions or to condominium projects or stock cooperatives which consist of the subdivision of air space in an existing apartment building which is more than five (5) years old when the new dwelling units are added.

(Ord. No. 442, § 1, 6-5-89; Ord. No. 482, § 1, 7-1-91)

Sec. 11-2.362. - Reserved. Sec. 11-2.363. - Developments of less than fifty parcels.

Only the payment of fees may be required in subdivisions containing fifty (50) parcels or less; except that when a condominium project, stock cooperative, or community apartment project exceeds fifty (50) dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than fifty (50). However, nothing herein shall prohibit the dedication and acceptance of land for park and recreation purposes from developments of fifty (50) parcels or less where the subdivider proposes such dedication voluntarily and the land is acceptable to the city council.

(Ord. No. 442, § 1, 6-5-89)

If the subdivider provides park and recreational improvements to the dedicated land, the value of the improvements, together with any equipment located thereon, shall be a credit against the payment of fees or dedication of land required by this Article.

Planned developments, real estate developments, stock cooperatives and community apartment projects (as defined in sections 11003, 11003.1, 11003.2, 11003.4 and 11004 of the Business and Professions Code) and condominiums (as defined in section 783 of the Civil Code) shall be eligible to receive a credit determined on a case-by-case basis by the planning commission against the amount of land required to be dedicated or the amount of the fee imposed pursuant to this Article for the value of private open space within the development which is usable for active recreational uses.

(Ord. No. 442, § 1, 6-5-89)

Sec. 11-2.365. - Amount of land to be dedicated.

The amount of land required to be dedicated by the subdivider shall be no more than the acreage determined by the following formula:

(D.U. × D.F.) × 1½ = A

1,000

(Ord. No. 442, § 1, 6-5-89; Ord. No. 482, § 2, 7-1-91; Ord. No. 659, § 1, 9-15-03)

Sec. 11-2.366. - Use of dedicated land or fees.

The city shall develop a schedule specifying how, when and where it will use the land or fees to serve the residents of the subdivision. Fees collected under this Article shall be committed within five (5) years of collection or issuance of building permits on one-half of the project units whichever is later. Fees not so committed shall be distributed and paid to the then record owners of the subdivision in the same proportion that their lot size bears to the total area of the project.

(Ord. No. 442, § 1, 6-5-89)

Sec. 11-2.367. - Dedication.

(a)

Dedication of land required herein shall be made in accordance with the procedures set forth in Government Code sections 66475 through 66478.

(b)

The subdivision shall, without credit:

(1)

Provide full street improvements and utility connections, including but not limited to curbs, gutters, street paving, traffic-control devices, street trees, and sidewalks to land which is dedicated hereunder;

(2)

Provide for fencing along the property line of that portion of the subdivision contiguous to the dedicated land;

(3)

Provide improved drainage through the site; and

(4)

Provide other minimal improvements which the planning commission determines to be essential to the acceptance of the land for recreational purposes.

(c)

The land to be dedicated and the improvements to be made pursuant to this section shall be approved by the director of parks and recreation.

(Ord. No. 442, § 1, 6-5-89)

Sec. 11-2.368. - Amount of fee in lieu of dedication.

(a)

Fees in lieu of land dedications shall be used only for the purpose of developing new or rehabilitating existing recreational facilities to serve the subdivision for which the fees were paid. The amount of fee in lieu of land dedication shall be determined by the following formula:

XB = F

(b)

The fair market value shall be based upon the then assessed value modified to equal market value in accordance with current practice of the county assessor.

(c)

The fee so calculated must be paid by the subdivider prior to recording of the parcel map or tentative map.

(Ord. No. 442, § 1, 6-5-89; Ord. No. 482, § 3, 7-1-91)

PART 10. - CONDOMINIUM CONVERSIONS Article 10. - Condominium Conversions

Sec. 11-2.370. - Intent and purpose.

The intent and purpose of this chapter is to:

(a)

Establish development standards and special conditions for the protection of the community and purchasers or renters of converted residential condominiums consistent with the goals, objectives, and policies of the general plan;

(b)

Ensure that any units converted to condominiums are constructed with similar design amenities and comparable in the appearance, quality, and safety standards required for newly constructed condominiums;

(c)

Provide notice of the conversion to existing tenants and give priority for the purchase of converted units to existing tenants as required by state law; and

(d)

Assure that conversion projects maintain long-term economic value for the owner and the city.

(Ord. No. 695, pt. 6, 12-18-06)

Sec. 11-2.371. - Definitions.

Condominium, as defined by Civil Code § 1351, shall mean an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map. The area within the boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support.

Condominium conversion shall mean the conversion of existing residential developments to condominiums. Such condominium conversions may include, but are not limited to, the conversion of existing multiple-unit

residential housing projects to any of the following, all as defined in Civil Code § 1351: (a) a community apartment project; (b) a condominium project; and (c) a stock cooperative.

Condominium conversion project or conversion project shall mean an existing multifamily residential rental property used exclusively for residential purposes, proposed for conversion to a residential condominium property through approval of a conditional use permit and recordation of a final map.

Existing building shall mean a building that has been issued a certificate of occupancy prior to the filing of a condominium conversion project application.

Low-income tenant shall mean a tenant whose income does not exceed eighty (80) percent of the county median income of Los Angeles County, as published and periodically updated by the State's Department of Housing and Community Development pursuant to Health and Safety Code § 50079.5.

Median rent shall mean that rent or one-forty-eighth of median income as established by the United States Department of Housing and Urban Development or as recognized by the California Department of Housing and Community Development for the statistical unit for which Lomita is a part for the most recent time period available.

Multifamily dwelling shall mean any building containing two (2) or more residential dwelling units. Includes: triplexes, fourplexes (buildings under one (1) ownership with three (3) or four (4) dwelling units, respectively, in the same structure) and apartments (five (5) or more units under one ownership in a single building); townhouse development (three (3) or more attached single-family dwellings where no unit is located over another unit); and senior citizen multifamily housing.

Qualifying tenant shall mean any tenant who satisfies any of the following criteria on the date said tenant gives or receives a notice of termination: (a) has attained age sixty-two (62); (b) is handicapped as defined in Health and Safety Code § 50072; (c) has a disability as defined in 42 U.S.C. Section 423(d); or (d) is a low-income tenant.

Subdivider shall mean the owner(s) or developer(s) with a controlling proprietary interest in the conversion project or the person(s) or organization(s) making an application hereunder.

Tenant shall mean a person or group of persons occupying a residential dwelling unit by a rent or lease agreement.

(Ord. No. 695, pt. 6, 12-18-06)

Sec. 11-2.372. - Conditional use permit and final map required.

No existing residential dwelling unit may be converted to a condominium unless a conditional use permit is approved and a final map is recorded pursuant to the requirements of the Lomita Municipal Code.

(Ord. No. 695, pt. 6, 12-18-06)

Sec. 11-2.373. - Additional criteria for conversion projects.

In addition to the criteria applicable for a conditional use permit and a tentative map, the following criteria shall apply:

(1)

Condominium conversion projects shall only be permitted on residentially zoned properties and on properties zoned for mixed use as designated by the city zoning map.

(2)

The proposed condominium conversion project shall be comparable to newly constructed multifamily dwellings in terms of quality of architecture, construction, floor area, provision of off-street parking, provision of open space, private lockable storage, and other design features.

(3)

Each tenant, and each prospective tenant has, or will have, received all applicable notices and rights now or hereafter required by this section or by applicable state law.

(4)

Each tenant has, or will have, received applicable tenant benefits pursuant to section 11-2.378.

(Ord. No. 695, pt. 6, 12-18-06)

Sec. 11-2.374. - Certificates of occupancy.

A subdivider shall obtain a certificate of occupancy prior to the sale, lease, use or occupancy of any

building, unit, or structure approved for condominium conversion or a stock cooperative. This is required in recognition of the special problems and concerns associated with transitions from an apartment dwelling to a condominium or stock cooperative.

(Ord. No. 695, pt. 6, 12-18-06)

In addition to the application material required for a conditional use permit and tentative map, the following information shall be submitted as a part of the application for a condominium conversion:

(1)

Property inspection report. A property inspection report describing the condition and useful life of all existing buildings, including foundation, mechanical, electrical, heating, plumbing, roofing, and structural elements, together with an estimated cost for repairs and replacements projected for the five (5) years following conversion. Such report shall be prepared by a state-licensed contractor. All property reports shall be conducted within the three-month period prior to the submittal of the tentative map. Any corrections or repairs recommended as reasonably necessary within the next five (5) years shall be provided prior to approval of the final map.

(2)

Structural pest inspection report. A structural pest control inspection report shall be prepared by a licensed pest control operator. The subdivider shall repair or replace any damaged or infested area in need of repair

or replacement as shown on the structural pest report prior to the approval of a final map.

(3)

Building code compliance report. After the property inspection report and structural pest control inspection report have been completed, the subdivider shall file a request with the building and safety division for a special code compliance inspection. Copies of the property and structural pest control inspection reports shall be provided to the building and safety division at the time of filing for a building code compliance report. The report from such inspection of all units to be converted must be received by the planning division before an application for a tentative map is considered complete. Such report shall list all violations relating to the applicable building, plumbing, fire, housing, electrical, earthquake, and property maintenance codes which may cause health or safety hazards. The subdivider shall correct all listed violations prior to approval of the final map. Such fees as are established by the building and safety division shall be paid for the inspection and for any subsequent inspection as is necessary to ensure that corrections have been completed.

(4)

Tenant list. A tenant list, including the names as they appear on the rental or lease agreement, the square footage and number of rooms in their respective unit, and economic and demographic information as required by the community development director.

(5)

Schedule of rents. A schedule of current rents for each unit, including the dates and amounts of the last two (2) rent increases.

(6)

Proposed sale prices. The approximate proposed sale price of each unit.

(7)

Proposed budget. The proposed budget for submission to the real estate commissioner or a similar estimate of projected annual operating and maintenance fees or assessments.

(8)

Covenants, conditions and restrictions. A copy of the proposed covenants, conditions, and restrictions.

(9)

Title report. A title report not more than six (6) months old shall be provided at the time of submittal of the application for condominium conversion.

(10)

Notice of intention to convert affidavit. A signed affidavit stating that the notice of intention to convert notification has been delivered to all tenants at least sixty (60) days prior to the filing of a tentative map, with a sample of the notice attached.

(11)

Fees. All applicable permit processing fees shall be paid at the time of application submittal. All development fees shall be paid prior to the issuance of any building permit.

(12)

Additional information. Any other information which, in the opinion of the community development director, will ensure compliance with this chapter.

(Ord. No. 695, pt. 6, 12-18-06)

Notices of public hearings shall be mailed by the city to the list of tenants provided by the subdivider and as required pursuant to Article 70 of this chapter.

The subdivider shall also provide the following additional notification to tenants. These notices shall be documented and proof of receipt of such notices by each tenant or prospective tenant shall be furnished to the planning division:

(1)

Prior to filing of map. The California Subdivision Map Act (Government Code § 66427.1) requires that all tenants be notified by first class mail at least sixty (60) days prior to the filing of a tentative map. The notice of intention to convert must be worded exactly as set forth in Government Code § 66452.9. The subdivider must give the notice of intention to convert to prospective tenants applying to rent a unit during the sixty (60) days prior to the filing of a tentative map before the subdivider can accept any rent or deposit from the prospective tenant pursuant to Government Code § 66452.8.

(2)

Posting of notice. The notice of intention to convert shall be posted and maintained at all times in a highly visible location, including outside the manager's office or unit, or the rental office, if any.

(3)

Prior to planning commission public hearing. Each tenant shall be given written notice of the public hearing at least ten (10) days prior to the public hearing before the planning commission. Such notice shall be as specified by the community development director and shall contain, as a minimum, an estimate as to the length of time before the conversion project, if approved, would result in the tenant's eviction; an explanation of the tenant's rights and benefits if the conversion is approved; and the grounds upon which the planning commission can deny the request for conversion.

In addition, a copy of the written staff report to the Planning Commission on the proposed conversion shall be delivered to each tenant of the subject property at least 3 days prior to the hearing date.

(4)

Subsequent to planning commission public hearing. Each tenant shall receive written notification within ten (10) days of approval of a proposed conversion project. Such notice shall contain, as a minimum, an explanation of the tenant's rights and benefits as a result of the conversion, and a statement that no evictions will occur as a result of conversion for at least one hundred eighty (180) days.

(5)

Prior to filing of public report. At least ten (10) days prior to the filing of a public report with the department of real estate, each tenant of the proposed conversion project shall receive by first class mail a written notice that an application for a public report will be submitted to the department of real estate and that such report will be available on request.

(6)

Prior to approval of a final map. Each tenant shall receive written notification by first class mail at least ten (10) days prior to consideration of final map approval for the conversion project by the city council.

(7)

Subsequent to approval of a final map. Each tenant shall receive written notification by first class mail at least ten (10) days after the approval by the city council of a final map for the proposed conversion. Such notices shall provide an estimate of the length of time prior to eviction. For all conversion projects, special relocation benefits shall be provided to tenants in accordance with this chapter. The subdivider shall specify in the notice when the tenants will be eligible for these benefits.

(8)

Exclusive right to contract. Each of the tenants of the proposed converted condominiums will be given notice by first class mail of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than ninety (90) days from the date of issuance of the subdivision public report, pursuant to Business and Profession Code § 11018.2, unless the tenant gives prior notice of his or her intention not to exercise the right.

(Ord. No. 695, pt. 6, 12-18-06; Ord. No. 733, § 2(pt. 2), 9-7-10)

Commencing with the filing of a tentative map application and until such time as all tenants have received the benefits in this chapter, the subdivider shall provide a written report to the city no less than every thirty (30) days that includes the following information:

(1)

A listing of tenant names and addresses, including forwarding addresses;

(2)

The date on which each tenant or prospective tenant began occupancy and ended occupancy;

(3)

A listing of tenants that may qualify as qualifying tenants, including their rental rates;

(4)

Copies of all notices, letters, and related correspondence mailed, delivered or otherwise presented to tenants and prospective tenants and a listing of the tenants and prospective tenants who received the material; and

(5)

A brief description of the occupancy status of each tenant indicating the intent of the tenant to end occupancy or to purchase his or her unit.

(Ord. No. 695, pt. 6, 12-18-06)

Sec. 11-2.378. - Tenant assistance.

The subdivider shall provide assistance to tenants as follows:

(1)

Limitation on evictions. No eviction shall occur as a result of conversion for at least one hundred eighty (180) days after the approval of a tentative map.

(2)

Financial assistance. The subdivider shall provide financial assistance equal to twice the average monthly rent for the six-month period prior to the filing of the tentative map to any tenant that relocates after the approval of a tentative map by the city council. The financial assistance payment shall be made 30 days prior to the termination of the tenant's tenancy.

(3)

Financial assistance to qualifying tenants. Because of the extreme difficulty experienced by certain segments of the population in finding suitable, safe, sanitary, and affordable housing, the subdivider shall provide financial assistance equal to thrice the average monthly rent for the six-month period prior to the filing of the tentative map to any qualifying tenant that relocates after the approval of a tentative map by the city council. The financial assistance payment shall be made thirty (30) days prior to the termination of the qualifying tenant's tenancy.

(4)

Local rental unit information. Information on available rental units in the same general area with costs comparable to the preconverted apartments shall be provided by the subdivider on a calendar quarterly basis. Copies of the list shall be dated, posted on site, and provided to the planning division.

(5)

Maximum benefits. The total amount of benefits for any tenant under this section shall not exceed three thousand dollars ($3,000.00), except that such amount shall be increased on a percentage basis as determined by the change in the consumer price index between January 1, 2007, and January 1 of the year in which the final map is submitted for approval. Benefits shall be due and payable at the time of moving (if not required before moving) or entry into escrow to purchase the subject unit.

(6)

Exclusions. A tenant or qualifying tenant is not entitled to financial assistance pursuant to this subsection if they have been evicted for just cause or have not made rental payments to which the subdivider is legally entitled. Also, prospective tenants of a conversion project for which a notice of intent to convert has been issued shall not be entitled to tenant financial assistance.

(Ord. No. 695, pt. 6, 12-18-06)

Sec. 11-2.379. - Parking requirements.

Parking areas shall be designed and constructed in conformance with standards set forth in the Lomita Municipal Code, Article 66.

Storage and parking of vehicles and recreation equipment in the yard areas shall be subject to Lomita Municipal Code Article 66, section 11-1.66.09(B).

(Ord. No. 695, pt. 6, 12-18-06)

Sec. 11-2.380. - Condominium conversion development standards.

The following development standards shall be required for all condominium conversion projects:

(1)

Setback requirements. All additions, alterations, and/or modifications to the existing structure(s) shall meet the current setback requirements for multifamily residential development in the RVD (Residential, Variable Density) zone.

(2)

Density. Legally existing residential units may be converted to condominiums regardless of density requirements subject to applicable development standards contained within this section.

(3)

Fire protection—Combustion-detection equipment. A combustion-detection system shall be provided for each residential unit. Detectors shall be mounted on the ceiling or wall (within twelve (12) inches of the ceiling) of each room used for sleeping purposes and a point located in the corridor or area giving access to rooms used for sleeping purposes. All required detectors shall be located in accordance with approved manufacturer's instructions and shall receive their primary power from the building's main electrical system.

(4)

Fire protection—Sprinkler and other systems. A sprinkler system, fire alarm, and other fire-protection devices shall be installed as required for new buildings as required by building and safety.

(5)

Open space.

a.

Common and private open space. Common and private open space shall be required as specified in section 11-1.33.05(G).

b.

Common recreation area. A minimum of two hundred fifty (250) square feet of common recreation area shall be required for all condominium conversion projects. Common recreational areas must have a minimum dimension of fifteen (15) feet in any direction. The common recreation area may be in an enclosed building. This requirement may be met be converting existing residential dwelling units into indoor common recreational areas. Common recreational areas shall include, but not be limited to, meeting rooms, rumpus rooms and lounges. The use and preservation of the common recreation areas must be governed by the covenants, conditions, and restrictions.

c.

Private recreation area. A minimum of two hundred fifty (250) square feet of private open space shall be required for the enjoyment of each unit and shall not be enclosed in a building.

(6)

Building security. The building must comply with building security regulations as required for new buildings by the Building and Safety Department.

(7)

Sound attenuation. Sound attenuation in all wall and floor-to-ceiling assemblies abutting other dwelling units, or hallways shall be required to meet a minimum Sound Transmission Class (STC) of forty-nine as defined in Uniform Building Code Standard No. 35.1 and ASTM Standard E-413 "Determination of Sound Transmission Class". (Field tested data may be substituted for the STC specifications to validate STC fortynine ratings.) Common walls where plumbing facilities or built-in facilities preclude reasonably feasible upgrading to STC forty-nine shall be excepted.

(8)

Laundry area. Each unit shall have an area in the unit or garage for laundry facilities. If located in the garage it shall not occupy the required garage parking space.

(9)

Storage space. Each unit shall have at least two hundred (200) cubic feet of enclosed and lockable storage space for the sole use of the unit resident. Such space shall be in addition to the unobstructed parking area

in the garage, laundry area, linen or clothes closets or food pantry that are customarily within the unit. Location of such space shall be determined by staff and/or Planning Commission on an individual basis.

(10)

Lighting. Adequate lighting of parking and driveway areas is required. It shall be placed in such a manner as to not illuminate adjacent properties.

(11)

Utilities. All utilities, both on-site and off-site, shall be placed underground.

(12)

Landscaping. All landscaped areas shall have an automatic sprinkler system installed.

(13)

Walls. A solid masonry wall at least six (6) feet in height shall be constructed along the perimeter of condominium conversion developments, except along the public right-of-way, within the twenty-foot front yard setback area and where said wall would obstruct the visibility of pedestrian and/or vehicular traffic. At each point along the perimeter, the height of the wall shall be measured from the higher of the finished grade on either side of the wall.

(14)

Trash and recycling enclosures. Areas for collection and loading of solid waste and recyclable materials shall be required pursuant to article 61, "Solid Waste and Recyclable Materials Collection and Loading Areas."

(15)

Insulation. Insulation in ceilings and attics exposed to the exterior of the building must comply with energy insulation standards of both the city and state as applicable to new buildings.

(16)

Weather stripping. All operable doors and windows opening to the exterior or to unconditioned areas such as garages shall be fully weather stripped, gasketed or otherwise treated to limit temperature infiltration.

(17)

Separate utility meters. All units shall be converted to separate utility meters except when common water heating systems are provided or when the type of common meter system is such that it is not reasonably feasible to convert to a separate meter system.

(18)

Deviations from development standards. The planning commission may grant deviations from any listed development standard under the conditional use permit.

(Ord. No. 695, pt. 6, 12-18-06)

Sec. 11-2.381. - Consistency with general plan.

Conversion projects must be consistent with the general plan. The planning commission, or city council on appeal, may waive consistency with the general plan if it finds that adequate provisions are made for the long-term maintenance of the building.

(Ord. No. 695, pt. 6, 12-18-06)

Sec. 11-2.382. - Reserve fund.

The intent of the city in requiring the creation of a reserve fund for condominium conversions is to provide a surety for unexpected or emergency repairs to common areas in the interest of the economic, aesthetic, and environmental maintenance of the community, as well as to protect the general welfare, public health, and safety of the community. Upon the close of escrow for each unit, the subdivider shall convey to the homeowners' association's reserve fund a minimum fee of two hundred dollars ($200.00) per dwelling unit. When fifty (50) percent or more of the total units in the conversion project have been sold, the subdivider,

within thirty (30) days, shall convey such fee for each of the unsold units. Such funds shall be used solely and exclusively as a reserve fund for emergencies which may arise relating to open space areas, exterior portions of dwelling units, and such other restoration or repairs as may be assumed by the homeowners' association.

(Ord. No. 695, pt. 6, 12-18-06)

Sec. 11-2.383. - Development tax and fees required.

A subdivider of an approved condominium conversion project shall be required to pay all applicable development taxes and fees prior to the issuance of any building permit as established by the Lomita Municipal Code.

(Ord. No. 695, pt. 6, 12-18-06)

Secs. 11-2.384—11-2.399. - Reserved. CHAPTER 3. - REIMBURSEMENT CONTRACTS

"Reimbursement district" shall mean that territory which may benefit from utilization of further or additional sewer facilities constructed or agreed to be constructed at the expense of the County of Los Angeles General Fund, pursuant to contracts entered into between subdividers and the County of Los Angeles, in accordance with Section 11543 of the Business and Professions Code of the State of California.

The exterior boundaries of such reimbursement districts have been heretofore or may be hereafter established and are or may be reflected in reimbursement maps placed on file with the County of Los Angeles, and with the City of Lomita.

Sec. 11-3.02. - Reimbursement maps.

"Reimbursement maps" are those maps on file with the County of Los Angeles, and the City of Lomita, designating the exterior boundaries of reimbursement districts and reflecting the reimbursement fees chargeable to included territory as a condition of utilization of the sewer facilities for which County of Los Angeles funds were expended.

Sec. 11-3.03. - Reimbursement fees.

"Reimbursement fees" are those charges, the imposition of which is authorized by the provisions of the Subdivision Map Act of the State of California, imposed on territory within reimbursement districts, to recoup the cost of further and additional facilities constructed at the cost of the County of Los Angeles. Such fees are reflected on those reimbursement maps heretofore referred to in section 11-3.02.

No permit shall be issued for the connection of property lying within a reimbursement district to a public sewer until applicant shall have first paid to the County of Los Angeles all reimbursement fees attributable to the connecting property as indicated on the reimbursement map. Reimbursement fees shall be paid to the county engineer of the county of Los Angeles, and payments so made shall become the property of said County in accordance with the provisions of those contracts entered into pursuant to Section 11544 of the Business and Professions Code.