Lomita Municipal Code § 11-1.68.02 Fence, wall, gate, and other screening device height standards in…

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)

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 No. 724, § 2(pt. 3), adopted May 18, 2009, repealed § 11-1.68.02, which pertained to fences and walls and derived from Ord.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.

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)

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)

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 pedestrian-oriented 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)

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.

8. 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)

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)

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)

(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)