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)

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)

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)

(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:

1.

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)

(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)

(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 11-1.70.03(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)

(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)

(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)

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)

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)

(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)

(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)

(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.

3.

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.

9.

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)

(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.

1.

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)

(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.

2.

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)

(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)

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)

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;

2.

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 successors-in-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)