ORDINANCE NO. 796
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMITA AMENDING 11-1.15.01(A), 11-1.15.10(J), 11-1.15.12(L), 11-
1.15.19(S), 11-1.30.01, 11-1.30.02, 11-1.30.05, AND 11-1.30.06 TO CONFORM TO RECENTLY ENACTED LEGISLATION PERTAINING TO ACCESSORY DWELLING UNITS.
Section 1. Recitals.
On February 12, 2018, the Planning Commission held a duly noticed public hearing on Zone Text Amendment No. 2018-01 where public testimony was accepted on the item and recommended City Council approval.
On May 18, 2009, the City Council adopted Ordinance No. 724 as codified in the City of Lomita Municipal Code as Section 11-1.30.06, which established regulations for second dwelling units, now referred to as accessory dwelling units.
On January 1, 2017 new laws enacted by the State of California regarding the regulation of Accessory Dwelling Units went into effect and has required an ordinance to implement such changes.
Under California Public Resources Code (CPRC) Section 21080.17, the California Environmental Quality Act (CEQA) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Section 65852.2 of the Government Code, which is the State Accessory Dwelling Unit law. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the state accessory dwelling unit law.
The Zoning Ordinance text amendments are consistent with the goals, policies, and objectives of the General Plan because accessory dwelling units do not exceed the allowable density for the lot upon which they are located as specifically provided in state law and provide another housing opportunity to address the housing crisis in the region. Furthermore, amending the city’s existing accessory dwelling unit rules to provide for new provisions of state law does not impede the City’s ability to achieve its general plan goals. Adoption of the ADU ordinance would allow single family homeowners in the City of Lomita to provide an affordable housing option to alleviate the housing shortage in the state and in the City.
Section 2. Based on the foregoing, the City Council of the City of Lomita hereby approves Zone Text Amendment 2018-01.
Section 3. Section 11-1.15.01(A) of the Lomita Municipal Code is amended to read as follows:
Accessorv dwelling unit: means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living sleeping. eating, cooking and sanitation on the same parcel as the single-family dwelling is situated.
Section 4. Section 11-1.15.1O(J) of the Lomita Municipal Code is amended to read as follows:
Junior accessorv dwelling unit: means a unit that is no more than 500 square feet in size and contained entirel y within an existing single family structure.
Section 5. Section 11-1.15.12(L) of the Lomita Municipal Code is amended to read as follows:
Living area: means the interior habitable area of a dwelling including basements and attics but does not include a garage or an y accessory structure.
Section 6. Section 11-1.15.19(S) of the Lomita Municipal Code is amended to delete the term “Second Unit”.
Second blnit shall mean an attaohed residential dwelling unit which provides complete independent living faoilities fer one (1) or two (2) persons.
Section 7. Section 11-1.30.01 of the Lomita Municipal Code Table of Uses is amended to read as follows:
,—·——·————– –·–·-· ——–·-··–“–,-
1 zone I .
Use :—,——,— Supplemental Requirements
_Accessorv Dwelling Unit !E I _iE E G:_!_! —–––– –––— – ––-J
Section 8. Second Units shall be deleted from the table of uses in Section 11- 1.30.01.
Section 9. Section 11-1.30.02 of the Lomita Municipal Code Development Standards Table shall be amended as follows:
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–·–·———·- , – —i———–·-·-r··—-·———-·–. -·—–
Maximum height of : I I I !
dwelling units(6 ) I i ! I
,—- – – j ··—–—–––––-,—– –·–·-–·–·––+–––—––—–––––— · – ––
Minimum rear and i I 1 I
side vard setbacks for i ‘ i I
newlv constructed ! 5′ I 5‘ INA I
accessory dwelling I I · · I
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_[J nt — — ———–J L _ _ J _ _ __l
Section 10. Section 11-1.30.05. (A) of the Lomita Municipal Code shall be amended as follows:
(A) This section does not apply to seconcklv elling units accessory dwelling units as described in section 11-1.30.06.
Section 11. Section 11-1.30.06 of the Lomita Municipal Code shall be amended to read as follows:
Accessory and Junior Accessory dwelling units.
(A) Second units An Accessory or Junior accessory unit shall be permitted subject to review and approval by the Gifector of community development Community Development Director or the designee of that individual, provided the following requirements are met:
ill The lot is, or [is] being, developed with one (1) single-family residence (the principal unit) and its required parking.
ill Either the +Re principal unit or accessory unit shall be owner occupied. A covenant to this effect shall be recorded with the county recorder’s office.
@ Both the principal unit and the second accessory unit shall permanently remain under one ownership. A covenant to this effect shall be recorded with the county recorder’s office.
Second units shall be detached, have a greater front yard setback than the principal unit, and have a ten foot separation ber.11een the principal and second tlfHt,
fEH11. Second units Accessory Dwelling Units shall have the minimum square footage requirements of an efficiency unit as defined in Health and Safety Code Section 17958.1, as amended, but may not exceed one thousand two hundred (1,200) square feet except for units which are created entirely from the conversion of existing space within the principal unit.
Only one accessory or junior accessory unit per lot developed with an existing principal unit or proposed principal unit.
No parking shall be required for the accessory dwelling unit. Parking for the second unit shall be one (1) garage space for each bedroom. Should the unit be constructed for an individual sixty l!.vo (62) years of age and older, the parking requirement may be satisfied by one (1) unenclosed jIBfki ng space per bedroom. The property ovmer shall record a covenant with the county recorder’s office that the unit will only be occupied by someone of that age or older.
An accessory dwelling unit shall not be included in the FAR requirements nor shall it be included towards the General Plan maximum residential densities.
A street address shall be assigned to all accessory dwelling units and a separate exterior entry shall be provided to serve the accessory dwelling unit.
There shall be a maximum of two bedrooms within the accessory dwelling unit.
When the existing principal unit’s required parking is converted to an accessory dwelling unit. replacement parking for the principal unit shall be provided pursuant to Sections 65852.5 and 65852.22 of the California Government Code.
No new accessory dwelling unit shall be located within the required front setback area, nor be located closer than ten (10) feet to any corner side property line.
Accessory dwelling units may not be located above accessory structures. Deviations to this requirement may be permitted with approval of “Site Plan Review”.
Street access. To prevent new curb cuts, excessive paving, and the removal of street trees, accessory dwelling units shall take street access from the drivewa y in common with the principal unit or from an adjacent alley. Deviations to this requirement may be permitted with approval of a “Site Plan Review”.
The maximum amount of covered parking for an accessorv dwelling unit is 400 square feet. Deviations to this requirement mav be permitted with approval of a “Site Plan Review”.
A minimum of two hundred (200) square feet of open space per new accessoty dwelling unit. with a minimum dimension of ten (10) feet in an y direction is required. At least fifty (50) percent of the above described area shall be developed for recreational or patio uses. Deviations to this requirement may be permitted with approval of a “Site Plan Review”.
Building and safetv requirements must be met within the following areas. but not limited to. fire protection. occupancy, distance between buildings and uses. energv efficienc y, and setbacks as necessaty.
Conversion of space in existing single familv residence or existing accessoty structures. An accessoty dwelling unit is permitted through the conversion of existing space in a single-familv residence or through the conversion of an existing accessorv structure as Jong as the following requirements are met:
The rear and side yard setbacks are sufficient for life and fire safety.
The conversion of space within an existing single famil y residence shall include one existing bedroom of the residence.
Should an y additional square footage be added to the principal unit to accommodate the accessoty dwelling unit than the requirements for a new attached accessoty dwelling unit shall apply.
The following requirements apply to newly constructed accessoty dwelling units which are attached to the principal dwelling unit:
An attached dwelling unit shall compl y with the development standards of the principal unit.
An attached dwelling unit shall not be located above the principal unit. Deviations to this requirement may be permitted with approval of a “Site Plan Review”.
Section 12. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part hereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part thereof. The City Council of the City of Lomita hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid.
Section 13. Effective Date. This ordinance shall take effect thirty (30) days after the date of its passage; and prior to fifteen (15) days after its passage, the City Clerk shall cause a copy of this ordinance to be published in accordance with the provisions of the law. The City Clerk shall certify the adoption of this ordinance .
PASSED, APPROVED AND ADOPTED , this 20th day of March, 2018.
Michael Savidan, Mayor
I hereby certify the foregoing ordinance was duly adopted by the City Council of the City of Lomita at a regular meeting held on the 20th day of March, 2018 by the following vote:
AYES : Council Members Traina, Gazeley, Waronek, Mayor Pro Tern Sanchez, and Mayor Savidan
Sandra M. Medina, MMC City Clerk
Any action to challenge the final decision of the City made as a result of the public hearing on this application must be filed within the applicable time limits under state law, including the Code of Civil Procedure, the Government Code and the California Environmental Quality Act. Persons wishing to challenge the City‘s final action in Superior Court may be limited to raising only those issues they or someone else raised the public hearing or in written correspondence delivered to the City at or before the public hearing.