Agenda packet — Hermosa Beach City Council, November 29, 2022 (part 3 of 6)

SECTION 2. The said amended Conflict of Interest Code shall become effective immediately after the date of its adoption and approval.

PASSED, APPROVED and ADOPTED on this 29th day of November, 2022.

LAW OFFICES OF

BEST BEST & KRIEGER LLP
BBK – November 2022

CONFLICT OF INTEREST CODE
OF THE

CITY OF HERMOSA BEACH
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BEST BEST & KRIEGER LLP
- 1 - BBK – November 2022

CONFLICT OF INTEREST CODE
OF THE

CITY OF HERMOSA BEACH
(Amended November 29, 2022)
The Political Reform Act (Gov. Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code Regs. § 18730) that contains the terms of a standard conflict of interest code which can be incorporated by reference in an agency’s code. After public notice and hearing Section 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Hermosa Beach (the "City").

The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, shall electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. The City Clerk shall retain the original statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.) All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code section 53235 (AB 1234). The City’s Filing Officer shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.) 834
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App. A-1- BBK – November 2022

APPENDIX

CONFLICT OF INTEREST CODE
OF THE

CITY OF HERMOSA BEACH
(Amended November 29, 2022)
PART “A”
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all Other City Officials who manage public investments, as defined by 2 Cal. Code of Regs. §18700.3, are NOT subject to the City’s Code but must file disclosure statements under Government Code section 87200 et seq. [Regs. § 18730(b)(3)]

OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who manage public investments1. These positions are listed here for informational purposes only.

Finance Director
Accounting Manager
1 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200. 835
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App. A-1- BBK – November 2022

DESIGNATED POSITIONS

GOVERNED BY THE CONFLICT OF INTEREST CODE
Administrative Review Investigator 5
Assistant City Attorney (not filing under GC 87200) 1, 2 Assistant City Prosecutor 1, 2
Assistant Engineer 2, 3, 5, 6
Assistant Planner 5, 6
Associate Engineer 2, 3, 5, 6
Associate Planner 1, 2
Building Inspector 2, 3, 5, 6
City Clerk 5
City Engineer 2, 3, 4, 6
City Prosecutor 1, 2
Code Enforcement Officer 2, 3, 5, 6
Community Development Director 2, 3, 5, 6
Community Resources Manager 2, 5, 6
Community Services Division Manager 5
Deputy City Clerk 5
Deputy City Manager 1, 2
Emergency Management Coordinator 4, 7
Environmental Programs Manager 3, 5, 7
Finance Cashier Supervisor 4, 7
GIS/IT Analyst 5
Human Resources Analyst 5
Human Resources Manager 5
Management Analyst 4, 7
Planning Manager 1, 2
DESIGNATED POSITION’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
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DESIGNATED POSITION’

TITLE OR FUNCTION

DISCLOSURE CATEGORIES

ASSIGNED
App. A-2 BBK – November 2022
Police Captain 5
Police Chief 5, 6
Police Lieutenant 5
Public Works Director 2, 3, 4, 6
Public Works Inspector 2, 3, 4, 6
Public Works Superintendent 2, 3, 4, 6
Recreation Coordinator 5
Risk Management Analyst 5
Senior Building Inspector 2, 3, 5, 6
Senior Engineer 2, 3, 4, 6
Senior Management Analyst 4, 7
Senior Planner 1, 2
Senior Recreation Supervisor 5

MEMBERS OF BOARDS,

COMMITTEES & COMMISSIONS
Board of Appeals 1, 2
Civil Services Board 1, 2
Parks, Recreation & Community Resources Commission 1, 2 Public Works Commission 1, 2
Consultants and New Positions2
2 Individuals serving as a consultant as defined in FPPC Reg. 18700.3 or in a new position created since this Code was last approved that make or participate in making decisions must file under the broadest disclosure set forth in this Code subject to the following limitation:

The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Gov. Code §. 82019; FPPC Regs. 18219 and 18734.). The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code §. 81008.)
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PART ”B”

DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which the designated is assigned.
3 Such economic interests are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the City.

Category 1: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are located in, do business in or own real property within the jurisdiction of the City.

Category 2: All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the boundaries of the City, including any leasehold, beneficial or ownership interest or option to acquire property.

Category 3: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City.

Category 4: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City.

Category 5: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit or division.

Category 6: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, or licensing authority of the designated employee's department, unit or division.

Category 7: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, or income from a nonprofit organization, if the source is of the type to receive grants or other monies from or through the City or its subdivisions.
3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1) 838
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NOTICE OF INTENTION TO AMEND THE

CONFLICT OF INTEREST CODE OF THE

CITY OF HERMOSA BEACH
NOTICE IS HEREBY GIVEN that the City of Hermosa Beach intends to amend its Conflict of Interest Code (the “Code”) pursuant to Government Code section 87306.

The Appendix of the Code designates those employees, members, officers, and consultants who make or participate in the making of decisions and are subject to the disclosure requirements of the City’s Code. The City’s proposed amendment adds new positions that must be designated and revises titles to existing positions.

The proposed amended Code will be considered by the City Council on November 29, 2022, at 6:00 p.m. at the City of Hermosa Beach, 1315 Valley Drive, Hermosa Drive, California. Any interested person may be present and comment at the public meeting or may submit written comments concerning the proposed amendment.

Any comments or inquiries should be directed to the attention of Myra Maravilla, City Clerk, City of Hermosa Beach, 1315 Valley Drive, Hermosa Drive, CA 90254; (310) 318-0204; [email protected]. Written comments must be submitted by the close of the eComment period listed on the agenda.

The proposed amended Code may be reviewed and obtained from the City Clerk’s office.
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0734
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 29, 2022

REQUEST FOR APPROVAL OF SPONSORSHIP DONATION TO
THE BEACH CITIES HEALTH DISTRICT’S 24th ANNUAL

HOLIDAY GIFT BAG PROJECT
(City Manager Suja Lowenthal)
Recommended Action:

Staff recommends City Council approve a donation of $579 to the Beach Cities Health District’s Holiday Gift Bag Project for 2022.

Executive Summary
The Beach Cities Health District (BCHD) Holiday Gift Bag Project gift bags filled with practical and fun gifts to beach cities seniors and adults with disabilities each holiday season.

Background:

The Beach Cities Health District (BCHD) Holiday Gift Bag Project is supported through partnerships with local agencies, civic organizations, service groups, private donations, and memorials. As part of the Holiday Gift Bag Project, friendly volunteers have delivered gift bags filled with practical and fun gifts to beach cities seniors and adults with disabilities each holiday season since 1998. Each year, hundreds of volunteers participate and provide joy and excitement to recipients of the gift bags, many of whom are homebound or live in isolation.

Discussion:

For the 2021 holiday season, BCHD provided grocery gift cards to lower income individuals. They also provided stamps, a 2022 calendar, snacks, hand sanitizer, and holiday cards created by youth in the community. For this holiday season, there will be 18 Hermosa Beach residents receiving holiday support through the Holiday Gift Bag project including grocery cards for lower income recipients. The total cost for Hermosa Beach clients is $579.

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General Plan Consistency:

PLAN Hermosa, the City’s General Plan, was adopted by the City Council in August 2017. The Beach Cities Health District’s Holiday Gift Bag Project supports the PLAN Hermosa goal and policy listed below.

Governance Element
Goal 7. Community sustainability and health are a priority in policy and decision-making.

Policy:
· 7.10 Senior needs and services. Consider and address the specialized services and needs of a growing population of seniors regarding health and wellness, recreation, housing, and transportation.

Fiscal Impact:

Funds for this donation are included in the Fiscal Year 2022-23 Budget under the City Council Special Events Account 001-1101-4319.

Attachment:

1. Request from Beach Cities Health District

2. Link to Holiday Gift Bag Project Webpage
Respectfully Submitted by: Ann Yang, Executive Assistant Legal Review: Mike Jenkins, City Attorney
Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager
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From: Megan Vixie (she/her/hers) <[email protected]> Sent: Tuesday, November 22, 2022 4:30 PM
To: Ann Yang <[email protected]>
Subject: BCHD Holiday Gift Bags for 11/29 Council Meeting Importance: High
Hi Ann,
Just wanted to check in about the Holiday Gift Bags and if you need any information from us as Charlie mentioned this is going to the Council on 11/29 to vote on the donation for Hermosa Beach residents.

The total cost for the 18 residents is $578.63.

Also, we would love to come to the meeting to thank Hermosa for their generous support of this program. Will this be near the beginning of the agenda? Thank you again for all your support in coordinating this donation for us. Megan
Megan N. Vixie, MPA, CVA, PHR, SHRM-CP
(she/her)
Chief Engagement Officer
Beach Cities Health District
Ph: 310-374-3426, x8137
Fax: 310-374-0966
www.bchd.org
www.facebook.com/beachcitieshealth
Creating a healthy beach community.
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MEMORANDUM
TO: Suja Lowenthal, City Manager of Hermosa Beach
CC: Ann Yang, Executive Assistant to Hermosa Beach City Manager FROM: Tom Bakaly, Chief Executive Officer
DATE: 11/04/22
SUBJECT: Holiday Gift Bag Recipients in Hermosa Beach

BACKGROUND
Each holiday season since 1998, Beach Cities Health District has led the Holiday Gift Bag (HGB) project. Thanks to generous community members and organizations, we provide gift bags filled with practical and fun items to around 265 beach cities seniors and adults with disabilities in the BCHD Care Management program. Many of these individuals are homebound or live in isolation and the holidays can be a difficult and lonely time.

For the 2021 holiday season, we provided grocery gift cards to lower income individuals. We also provided stamps, a 2022 calendar, some snacks, hand sanitizer, holiday cards created by youth in our community and more items depending on funding. To make this year a bit brighter, we will continue on this tradition of stuffing the bags with essential personal care and household items, as well as distributing the gift cards where needed.

RECOMMENDATION
In order to help fund the Holiday Gift Bag project, we are seeking community donations. For the past several years, the City of Hermosa Beach has been an integral part of our HGB initiative by providing a donation that funds bags for BCHD clients that are Hermosa Beach residents.

In Hermosa Beach, there will be 20 residents receiving holiday support through the Holiday Gift Bag project including grocery gift cards for low-income recipients. The total cost for Hermosa Beach residents is estimated at $720.00. A final number will be available after all item purchasing occurs in mid-November.

We would love to include the City of Hermosa Beach as a 2022 donor again this year and recognize the city’s generosity on our website, in a local newspaper and in a letter that goes to all gift bag recipients.

To donate, ask questions or for additional information, please contact Alejandra Sierra, Holiday Gift Bag Project Coordinator at 310-374-3426 x 8160 or [email protected].

We appreciate your generosity in years past and thank you in advance for your consideration for this year’s Holiday Gift Bag project.
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0716
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 29, 2022

APPROVAL OF FIRST AMENDMENT TO AN AGREEMENT

WITH MCCORMICK AMBULANCE FOR EMERGENCY

AMBULANCE TRANSPORT SERVICES
(Deputy City Manager Angela Crespi)
Recommended Action:

Staff recommends City Council:

1. Approve the proposed first amendment to an agreement with Westmed Ambulance Service, Inc. dba McCormick Ambulance for emergency ambulance transport services to extend the contract term by five years to December 31, 2027 resulting in a total amended contract term of ten years and to set forth the per transport fee for each remaining contract year as $463 for Year 6, $477 for Year 7, $491 for Year 8, and $505 for Years 9 and 10 (Attachment 2); and

2. Authorize the Mayor to execute and the City Clerk to attest the attached first amendment subject to approval by the City Attorney.

Executive Summary:

At its October 24, 2017 meeting, City Council awarded an agreement for emergency ambulance transport services to Westmed Ambulance Service, Inc. dba McCormick Ambulance (McCormick).

The agreement, set to expire on December 31, 2022, includes an option to extend for a second term of five years without publishing a request for proposals (Attachment 1). Staff recommends City Council approve the proposed amendment for an additional five-year term, resulting in a total amended contract term of 10 years, and setting forth the annual rates.

Background:

At its October 18, 2016 study session, City Council was provided a fire services analysis that outlined five options for providing ambulance transport services in the City of Hermosa Beach. At its August 22, 2017 meeting, City Council directed staff to proceed with ambulance transport “option four” which would allow the City of Hermosa Beach to continue to provide ambulance services by contracting the service through the development of an Ambulance Transport Request for Proposal.

On August 28, 2017, the City issued a Request for Proposals for Emergency Ambulance Services and, at closing, received proposals from Ambulnz Health and McCormick Ambulance. Following a City of Hermosa Beach Page 1 of 4 Printed on 11/24/2022 powered by Legistar™844
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and, at closing, received proposals from Ambulnz Health and McCormick Ambulance. Following a competitive review process, McCormick Ambulance was recommended by the evaluation panel for its technical qualifications and its competitive rates at approximately 50 percent less than the transport cost of the second proposer.

At its December 31, 2017 meeting, City Council awarded a contract for Emergency Ambulance Services to McCormick Ambulance for a period of five years in the amount of $380 per transport for Year 1, $405 per transport for Year 2, $430 per transport for Year 3, $440 per transport for Year 4 and $450 per transport for Year 5, with an option to renew for a second five-year term. Unless extended, the agreement is set to expire on December 31, 2022.

Past Council Actions
Meeting Date Description
October 18, 2016 City Council was provided a fire services analysis that outlined five options for providing ambulance transport services in the City of Hermosa Beach.

August 22, 2017 City Council directed staff to proceed with ambulance transport “option four” which would allow the City of Hermosa Beach to continue to provide ambulance services by
contracting the service through the development of an
Ambulance Transport Request for Proposal.

October 24, 2017 City Council awarded an agreement for emergency ambulance transport services to Westmed Ambulance
Service, Inc. dba McCormick Ambulance.

Discussion:

Los Angeles County Fire Department (LACoFD) and McCormick Ambulance work together to provide emergency medical services (EMS) to the Hermosa Beach community. LACoFD does not conduct patient transport; therefore, unincorporated areas are included in the fire department transport contracts with various providers. Contract cities are responsible for negotiating and contracting with a medical transport provider for their community. Within the South Bay, many of the cities have contracted with McCormick Ambulance to conduct emergency medical transportation including the City of Hermosa Beach.

McCormick ambulances are staffed by two emergency medical technicians who can provide and transport basic life support patients independently and, with the support of LACoFD paramedics riding in the ambulance, can also transport advanced life support patients. McCormick Ambulance demonstrates a continuous effort to provide satisfactory services in all areas from detecting and correcting service level performance deficiencies by identifying the reason for delayed response times, issuing personnel performance notices when mandatory response requirements are not met, City of Hermosa Beach Page 2 of 4 Printed on 11/24/2022 powered by Legistar™845
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times, issuing personnel performance notices when mandatory response requirements are not met, and releasing personnel upon continued performance issues. McCormick Ambulance also provides training and continuing education to staff to improve skills and service delivery.

Based on McCormick Ambulance’s satisfactory performance, staff recommends approval of the proposed first amendment to extend the contract term by five years to December 31, 2027, resulting in a total amended contract term of ten years and setting forth the per transport fee for each remaining contract year as $463 for Year 6, $477 for Year 7, $491 for Year 8, and $505 for Years 9 and 10, representing a three percent annual increase in years two, three, and four of the second fiveyear term.

General Plan Consistency:

This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:

Governance Element
Goal 1. A high degree of transparency and integrity in the decision-making process.

Policy:

1.1 Open meetings. Maintain the community’s trust by holding meetings in which decisions are being made, that are open and available for all community members to attend, participate, or view remotely.

Safety Element
Goal 5. High quality police and fire protection services provided to residents and visitors.

Policy:

5.2 High level of response. Achieve optimal utilization of allocated public safety resources and provide desired levels of response, staffing, and protection within the community.

Fiscal Impact:

Under the extended term of the agreement, McCormick Ambulance would charge a per transport fee of $463 for Year 6, $477 for Year 7, $491 for Year 8, and $505 for Years 9 and 10. The proposed rates represent a three percent annual increase in years two, three, and four of the second five-year term. Ambulance transport fees are included in the Fiscal Year 2022-2023 budget.

Attachments:

1. Agreement with McCormick Ambulance

2. First Amendment to Agreement with McCormick Ambulance

3. Link to October 18, 2016 City Council Staff Report
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4. Link to August 22, 2017 City Council Staff Report

5. Link to October 24, 2017 City Council Staff Report
Respectfully Submitted by: Sara Russo, Senior Management Analyst Concur: Angela Crespi, Deputy City Manager
Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney
Approved: Suja Lowenthal, City Manager
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City of Hermosa Beach
Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885

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FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND MCCORMICK

AMBULANCE TO PROVIDE AMBULANCE TRANSPORT SERVICES
This First Amendment to the Agreement for emergency ambulance transport services is made and entered into this 29th day of November 2022, by and between the City of Hermosa Beach, a general law city and municipal corporation (“CITY”) and McCormick Ambulance, a limited liability company (“CONTRACTOR”).

R E C I T A L S
A. CITY and CONTRACTOR entered into an Agreement for Ambulance Transport Services dated December 31, 2017, whereby CONTRACTOR is to provide emergency ambulance transport services in the City (the “Agreement”).

B. Work under the Agreement remains in effect and City and Contractor now mutually desire to amend the Agreement in order to extend the term for an additional five years and increase per transport fees.

NOW, THEREFORE, based on the foregoing recitals, the City and the Contractor agree as follows:

1. The Term set forth in Section 7 of the Agreement is extended by five years to December 31, 2027.

2. The Compensation set forth in Section 1-C of the Agreement shall be per transport: $463 for Year 6, $477 for Year 7, $491 for Year 8, and $505 for Years 9 and 10.

Except as above modified, in all other respects the Agreement is hereby reaffirmed in full force and effect.

CITY OF HERMOSA BEACH CONTRACTOR
[MAYOR/CITY MANAGER] Joesph Chidley, Chief Executive Officer ATTEST:
33-1030017
Myra Maravilla, City Clerk Taxpayer ID No.
865
City of Hermosa Beach

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APPROVED AS TO FORM:

Michael Jenkins, City Attorney
866
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0760
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 29, 2022

APPROVAL OF SECOND AMENDMENT TO AN AGREEMENT

WITH WILLDAN ENGINEERING FOR ON-CALL STAFF

AUGMENTATION SERVICES FOR COMMUNITY DEVELOPMENT
(Deputy City Manager Angela Crespi)
Recommended Action:

Staff recommends City Council:

1. Approve the proposed second amendment to an agreement with Willdan Engineering for staff augmentation services to modify the rate sheet to include an hourly rate for Community Development Director and increase the not-to-exceed amount by $100,000, resulting in a total amended contract term of three years and a total not-to exceed amount of $175,000 (Attachment 3); and

2. Authorize the Mayor to execute and the City Clerk to attest the attached second amendment subject to approval by the City Attorney.

Executive Summary:

The City entered into an agreement on July 20, 2022 with Willdan Engineering to provide on-call staff augmentation services for the Community Development Department. At its August 9, 2022 meeting, City Council approved the first amendment increasing the not-to-exceed limit to $75,000. The proposed second amendment would add an approved hourly rate for the position of Community Development Director and increase the not-to-exceed compensation by $100,000 resulting in a total amended contract term of three years and total not-to-exceed amount of $175,000. Approval of the agreement would provide for an Interim Community Development Director to lead the department as the recruitment for a permanent hire is completed.

Background:

In early 2022, the Community Development Department began to experience the same workforce issues that are experienced universally. Having an immediate need for technically qualified staffing, staff reached out to six of the leading staff augmentation companies to seek proposals for assistance.

Of the six companies, two were able to provide the requested professional services and provided proposals.

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The City Manager approved a $30,000 agreement with Willdan Engineering to provide as-needed staffing augmentation to the Community Development Department (Attachment 1). At its August 9, 2022 meeting, City Council approved the first amendment to the agreement to increase the not-toexceed limit to continue to meet the staffing needs of the department (Attachment 2).

Past Council Actions
Meeting Date Description
August 9, 2022 (Regular
Meeting)
City Council approved amendment one with Willdan
Engineering to increase the not-to-exceed limit to $75,000 Discussion:

Paramount to the City’s ability to successfully serve its residents, businesses, development community, and cultivate economic vitality so that all stakeholders can thrive, is maintaining the staffing needed to provide essential services. Given the small size of the City team, several of the positions in Community Development are single-incumbent positions, where an entire function is handled by one position. Having staff augmentation services agreements in place allows City staff to quickly fill temporary staffing needs to ensure operational continuity.

Following the departure of the Community Development Director in early November, the City seeks to secure professional services to fill the position on an interim basis while the recruitment for a permanent hire is conducted. Willdan Engineering is a highly-regarded firm that assists many public agencies in Southern California. The firm has demonstrated that they have the technical expertise, available staffing, and competitive pricing to assist the City in many capacities should the need arise.

If approved, the proposed second amendment to the agreement would increase the not-to-exceed limit to $175,000 for the total term of three-years. Funding for the staffing services would be covered by salary savings from the vacant position. Staff recommends City Council approve the proposed contract amendment to ensure continuity of the essential services provided by the Community Development Department.

General Plan Consistency:

This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:

Governance Element
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Goal 1. A high degree of transparency and integrity in the decision-making process.

Policy:
· 1.1 Open meetings. Maintain the community’s trust by holding meetings in which decisions are being made, that are open and available for all community members to attend, participate, or view remotely.

Fiscal Impact:

This agreement has a total not-to-exceed amount of $175,000. Funding to support any expenditures under this agreement would be transferred from the salary savings from the position or function being temporarily filled to contract services, account number 001-4201-4201, in the Community Development Department. If additional funding is required, funds would be transferred from Prospective Expenditures.

Agreement Modification Request
Agreement Current
Authorized
Amount
Modified
Request
Amount
FY 2022-23
Budget Dept.

Account #
Total Revised
Contract
Amount
Willdan
Engineering
$75,000 $100,000 001-4201-4201 $175,000
Attachments:

1. Agreement with Willdan Engineering

2. First Amendment to Agreement with Willdan Engineering

3. Proposed Second Amendment to Agreement with Willdan Engineering Respectfully Submitted by: Angela Crespi, Deputy City Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney
Approved: Suja Lowenthal, City Manager
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FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND

WILLDAN ENGINEERING TO PROVIDE STAFF AUGMENTATION
THIS FIRST AMENDMENT TO AGREEMENT TO PROVIDE STAFF AUGMENTATION ("First Amendment") is made and entered into this 9th day of August 2022, by and between the City of Hermosa Beach, a municipal corporation ("City'') and Willdan Engineering ("Consultant”).

RECITALS
A. City entered into an agreement with Consultant to provide staff augmentation ("Agreement") for a term of three years and a not-toexceed amount of $30,000.

B. To ensure the ability to quickly meet temporary staffing needs that may arise during the contract term, the parties mutually desire to increase the not-to-exceed limit by $45,000.

NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows:

1. Section 1 is amended to read as follows:

CONSIDERATION AND COMPENSATION As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A.

As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement.

As additional consideration, CITY agrees to pay CONSULTANT a not-to-exceed amount of $75,000 in accordance with the rates listed in FEE SCHEDULE, attached as EXHIBIT B, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.

No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his/her designee.

CONSULTANT shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous month. CITY shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT’s invoice within 30 days after it is received. Except as modified above, the Agreement and each and every term and provision thereof remain in full force and
effect.

DocuSign Envelope ID: 695ED86A-F5AF-4020-B3DF-B4F69D874E7A 881
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the 9th day of August, 2022.

CITY OF HERMOSA BEACH WILLDAN ENGINEERING
By: _______________________________ By: ________________________________ Michael Detoy, MAYOR Vanessa Munoz, President

APPROVED AS TO FORM ATTEST
By: _______________________________ By: ________________________________ Michael Jenkins, CITY ATTORNEY Myra Maravilla, CITY CLERK DocuSign Envelope ID: 695ED86A-F5AF-4020-B3DF-B4F69D874E7A 882

SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH

AND WILLDAN ENGINEERING TO PROVIDE STAFF AUGMENTATION

THIS SECOND AMENDMENT TO AGREEMENT TO PROVIDE STAFF AUGMENTATION ("Second Amendment") is made and entered into this 29th day of November 2022, by and between the City of Hermosa Beach, a municipal corporation ("City'') and Willdan Engineering ("Consultant”).

RECITALS
A. City entered into an agreement with Consultant to provide staff augmentation ("Agreement") for a term of three years and a not-to-exceed amount of $30,000.

B. On August 9, 2022 the City Council and Consultant executed a first amendment to the Agreement to increase the not-to-exceed limit by $45,000.

C. To address current temporary staffing needs in the department, the parties mutually desire to modify the rate sheet to include an hourly rate of $205.00 per hour for Community Development Director and to increase the not-toexceed limit by $100,000.

NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows:

1. Section 1 is amended to read as follows:

CONSIDERATION AND COMPENSATION As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A.

As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement.

As additional consideration, CITY agrees to pay CONSULTANT a not-to-exceed amount of $175,000 in accordance with the rates listed in FEE SCHEDULE, attached as EXHIBIT B, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.

No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his/her designee.

CONSULTANT shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous 883
month. CITY shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT’s invoice within 30 days after it is received. Except as modified above, the Agreement and each and every term and provision thereof remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on the 29th day of November, 2022.

CITY OF HERMOSA BEACH WILLDAN ENGINEERING
By: _______________________________ By: ________________________________ Michael Detoy, MAYOR Vanessa Munoz, President

APPROVED AS TO FORM ATTEST
By: _______________________________ By: ________________________________ Michael Jenkins, CITY ATTORNEY Myra Maravilla, CITY CLERK 884

EXHIBIT B
Fee Schedule
Service Provided Hourly Rate
Community Development Director $205/hour
Building Official $155/hour
Plan Check Engineer/Architect $135/hour
ICC Certified Plans Examiner $125/hour
Building Inspection $ 95/hour
CASp Plan Review/Inspection $125/hour
Permit Technician $ 75/hour
Senior Permit Technician $ 85/hour
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0767
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 29, 2022

CONTINUANCE REQUEST FOR AN URGENCY ORDINANCE TO AMEND THE HERMOSA BEACH MUNICIPAL CODE SECTION 17.04.040 AND CHAPTER 17.21 REGARDING ADUs AND JADUs
(Interim Community Development Director Corrie Kates)
Recommended Action:

Staff recommends City Council continue this request to approve an urgency ordinance thereby amending section 17.04.040 and Chapter 17.21 of the Hermosa Beach Municipal Code regarding Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to its December 13, 2022 regular meeting.

Executive Summary:

At its November 15, 2022 meeting, Planning Commission approved Resolution 22-18 recommending City Council approve an urgency ordinance amending section 17.04.040 and Chapter 17.21 of the Hermosa Beach Municipal Code regarding ADUs and JADUs. The proposed ordinance amends the City’s local regulatory scheme for the construction of ADUs and JADUs to comply with recently amended provisions of Government Code sections 65852.2 and 65852.22. Staff proposes to return to City Council at its December 13, 2022 meeting with the proposed Ordinance and urgency Ordinance including changes to the Hermosa Beach Municipal Code.

Background:

In recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amended Government Code sections 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs. In 2022, the California City of Hermosa Beach Page 1 of 3 Printed on 11/24/2022 powered by Legistar™886
Staff Report
REPORT 22-0767
65852.22 to impose new limits on local authority to regulate ADUs and JADUs. In 2022, the California Legislature approved, and the Governor signed into law, a new bill (SB 897) that further amends Government Code sections 65852.2 and 65852.22 (“New Amendments”). Among other things, the new amendments:
· Require the City to allow certain ADUs to be higher-up to 18 or 25 feet, depending on the situation;
· Require the City’s front setback to yield for certain ADUs; · Require the City to justify a denial with a full set of detailed comments describing the deficiencies in the application and explaining how to remedy them; and · Remove the automatic repeal in 2025 (now the ADU statute is permanent).

SB 897 takes effect January 1, 2023. If the City’s ADU ordinance does not comply with requirements of SB 897 by that date, the City’s entire existing ADU ordinance becomes null and void as a matter of law, and the City will have to allow ADUs with no local regulation except for the few requirements in the state ADU law itself.

Discussion:

The proposed ordinance would amend the City’s local regulatory scheme for the construction of ADUs and JADUs to comply with recently amended provisions of Government Code sections 65852.2 and 65852.22.

Failure to comply with Government Code sections 65852.2 and 65852.22 (as amended) by January 1, 2023, renders the City’s ADU ordinance null and void, thereby limiting the City to the application of the few default state standards provided in Government Code sections 65852.2 and 65852.22. The approval of ADUs and JADUs based solely on these default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. These threats to public safety, health, and welfare justify adoption of this ordinance as an urgency ordinance in accordance with Government Code section 36937, subdivision (b). Due to the timing necessary for Planning Commission review and then City Council review, possible adoption and effective date, adoption by regular ordinance cannot be accomplished prior to January 1, 2023.

The City’s existing ADU and JADU regulations were found in multiple areas of the City’s zoning code which could have led to confusion. Further, due to the multitude of housing issues and continued State involvement in these arenas, it is advisable to be clear that these State required ADU, and JADU regulations are applicable to just ADUs and JADUs. Thus, the proposed amendments would delete substantive provisions (definitions) related to ADUs and JADUs in other parts of the code and place them all in Chapter 17.21 of the Hermosa Beach Municipal Code.

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REPORT 22-0767
Environmental Determination:

Under California Public Resources Code 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 California’s ADU law, and which regulates JADUs, as defined by section 65852.22. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law.

General Plan Consistency:

This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:

Land Use Element
Goal 2. Neighborhoods provide for diverse needs of residents of all ages and abilities, and are organized to support healthy and active lifestyles.

Policies:
· 2.3 Balanced neighborhoods. Promote a diverse range of housing unit types and sizes, within the allowed densities.
· 2.5 Neighborhood preservation. Preserve and enhance the quality of residential neighborhoods by avoiding or abating the intrusion of disruptive, nonconforming buildings and uses.
· 2.6 Diversity of building types and styles. Encourage a diversity of building types and styles in areas designated for multi-family housing ranging from duplex/triplex/fourplex to courtyard housing to multi-family housing projects.

Fiscal Impact:

There is no fiscal impact associated with the recommended action.

Attachments:

None
Respectfully Submitted by: Corrie Kates, Interim Community Development Director Legal Review: Patrick Donegan, Assistant City Attorney
Approved: Suja Lowenthal, City Manager
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0758
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 29, 2022

AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
ADOPTING BY REFERENCE THE 2022 EDITION OF THE

CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA
CODE OF REGULATIONS, TITLE 24), INCLUDING THE
2022 CALIFORNIA BUILDING CODE; THE 2022 CALIFORNIA
RESIDENTIAL CODE; THE 2022 CALIFORNIA ELECTRICAL
CODE; THE 2022 CALIFORNIA MECHANICAL CODE;
THE 2022 CALIFORNIA PLUMBING CODE; THE 2022 ENERGY
CODE; THE 2022 CALIFORNIA EXISTING BUILDING CODE;
THE 2022 CALIFORNIA GREEN BUILDING STANDARDS
CODE; THE 2021 INTERNATIONAL PROPERTY MAINTENANCE
CODE; MAKING AMENDMENTS TO SAID CODES;

AND FINDING THE ACTION EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
(Interim Community Development Director Corrie Kates)
Recommended Action:

Staff recommends City Council:

1. Conduct a public hearing to consider adoption of the ordinance; and

2. Approve an Ordinance of the City of Hermosa Beach, California, adopting by reference the 2022 Edition of the California Building Standards Code (California Code of Regulations, Title 24), including the 2022 California Building Code; the 2022 California Residential Code; the 2022 California Electrical Code; the 2022 California Mechanical Code; the 2022 California Plumbing Code; the 2022 Energy Code; the 2022 California Existing Building Code; the 2022 California Green Building Standards Code; the 2021 International Property Maintenance Code; making amendments to said Codes; and finding the action exempt from the California Environmental Quality Act (Attachment 1).

Executive Summary:

The California Building Standards Commission (hereinafter the “Building Standards Commission”) is an independent commission within the State Business, Consumer Services and Housing Agency responsible for reviewing, adopting, and publishing building standards for the State of California known as the California Building Standards Code. The Building Standards Commission adopts a compilation of updated building regulations every three years. The California Building Standards City of Hermosa Beach Page 1 of 5 Printed on 11/24/2022 powered by Legistar™889
Staff Report
REPORT 22-0758
Code (Codes) includes the:
· California Fire Code
· California Building Code
· California Residential Code
· California Electrical Code
· California Mechanical Code
· California Plumbing Code
· California Energy Code
· California Existing Building Code
· California Referenced Standards Code
· California Green Building Standards Code
The 2022 Codes become effective on January 1, 2023 and apply to any project submitted for plan check thereafter. For the City of Hermosa Beach to maintain its local amendments to the aforementioned Codes, the City must adopt its amendments along with the Codes at the beginning of each three-year Code cycle.

Background:

The State of California Title 24 construction codes are typically updated and published on a threeyear cycle. The International Code Council published the base codes in 2021, titled the 2021 International Building Code, the 2021 International Residential Code, etc. Subsequently, the various California regulatory agencies such as the State Fire Marshal’s office, the Office of Statewide Health Planning and Development (OSHPD), the Division of the State Architect (DSA), and the California Department of Housing and Community Development (HCD) review and amend these base codes and republish them as the California Building Codes, Parts 1 through 12. The Building Standards Commission then publishes the triennial code updates, typically on July 1, and State law mandates that the updated codes become effective throughout California 180 days after the publication date.

The latest cycle publication date was July 1, 2022, meaning that the current cycle of State construction codes take effect on January 1, 2023. This is done to foster uniformity in fire prevention, life/safety, and construction standards statewide. Local jurisdictions are permitted to use the ensuing 180 days after publication to review and amend the California published codes based on local climatic, geological, or topographical conditions.

Past Council Actions
Meeting Date Description
October 25, 2022 City Council waived full reading and introduced by title only an Ordinance adopting by reference the 2022 Edition of the California Building Standards Code
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Staff Report
REPORT 22-0758 Meeting Date Description
October 25, 2022 City Council waived full reading and introduced by title only an Ordinance adopting by reference the 2022 Edition of the California Building Standards Code
Analysis:

The proposed Ordinance adopts selected parts of the 2022 Codes, which staff recommends amending; specifically, the 2022 California Building Code, 2022 California Residential Code, the 2022 California Electrical Code, the 2022 California Mechanical Code, the 2022 California Plumbing Code, the 2022 California Energy Code, and the 2022 California Existing Building Code. The 2021 International Property Maintenance Code is not adopted by the State in Title 24 but is recommended by staff for adoption as a companion code to the others, as it provides tools for dealing with dilapidated buildings and rental properties. The remaining parts of Title 24 will take effect on January 1, 2023 without any action required on the part of the City; staff has not identified any need to amend the remaining parts locally.

Prior to adoption of an Ordinance amending these Codes, the City Council is required to hold a public hearing and make findings authorizing all local amendments based on climatic, geologic, and topographical conditions. If the Ordinance is approved by Council, the 2022 Editions of the California Building Standards Code and related Codes and the local amendments will take effect on January 1, 2023.

The attached Ordinance (Attachment 1) adopts the 2022 Editions of the California Building Standards Code and related Codes, as well as the 2021 International Property Maintenance Code with local amendments. The Codes to be adopted prescribe regulations governing site preparation and construction, alteration, moving, demolition, repair, maintenance, use, and occupancy of all buildings and structures within the City of Hermosa Beach and are designed to protect the health, safety, and welfare of individuals in the community. The City did not incorporate the International Property Maintenance Code in 2019 and it is not currently in the Hermosa Beach Municipal Code.

The 2021 International Property Maintenance Code is not adopted by the State in Title 24 but is a good companion code to the other suite of codes and provides tools for dealing with dilapidated buildings and rental properties.

Exhibit A to the Ordinance provides the applicable administrative, topographical, climatic, and geologic findings supporting each of the proposed amendments and additions to the 2022 Codes proposed in the Ordinance.

The attached redline (Attachment 2) shows the Ordinance’s proposed changes to Title 15 (Buildings and Construction).

Fire Code
Nearly all the City’s existing local amendments have been carried over to the current recommended code adoption. As of January 1, 2018, the City has been contracting for fire services with Los City of Hermosa Beach Page 3 of 5 Printed on 11/24/2022 powered by Legistar™891
Staff Report
REPORT 22-0758
code adoption. As of January 1, 2018, the City has been contracting for fire services with Los Angeles County. Pursuant to the contract, the City has agreed to adopt the County Fire Code, Title 32 of the Los Angeles County Code, which adopts the State fire code with local amendments. The County has not yet adopted the amended 2022 Edition of the California Fire Code, which is scheduled for some time after January 1, 2023. Therefore, the proposed ordinance adopts the State fire code with local amendments. When L.A. County adopts its Fire Code, staff will bring back an ordinance recommending its adoption by reference.

Code Appendices
The Codes comprising the California Building Code include appendices of regulations for specific categories of structures and topics. Appendices are not mandatory provisions of the building standards applicable to local construction unless specifically referenced in a local adopting ordinance.

Public Notice
A notice of the public hearing was published in advance of the hearing for first reading on October 25, 2022. For second reading, notice of the November 29, 2002 public hearing was published once a week for two consecutive weeks pursuant to Government Code sections 6066 and 50022.2. Due to the length of the Ordinance, a summary of the Ordinance was published five days in advance of the second reading and will be published within 15 days after its adoption.

General Plan Consistency:

This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:

Governance Element
Goal 7. Community sustainability and health are a priority in policy and decision-making.

Policy:
· 7.6 Livability principles. Amend or update policies that may run counter to livability, sustainability, and health principles.

Sustainability + Conservation Element
Goal 4. A leader in reducing energy consumption and renewable energy production.

Policy:
· 4.5 Sustainable building standards. Use sustainable building checklists to minimize or eliminate waste and maximize recycling in building design, demolition, and construction activities.

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REPORT 22-0758
Fiscal Impact:

There is no fiscal impact associated with the recommended action.

Attachments:

1. Draft Ordinance

2. Redline of Changes to Title 15 (Buildings and Construction)

3. Power Point Presentation

4. Link to October 25, 2022 City Council Staff Report
Respectfully Submitted by: Corrie Kates, Interim Community Development Director Concur/Legal Review: Mike Jenkins, City Attorney
Approved: Suja Lowenthal, City Manager
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CITY OF HERMOSA BEACH
ORDINANCE NO. 22-XX

AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA

BUILDING STANDARDS CODE (CALIFORNIA CODE OF
REGULATIONS, TITLE 24), INCLUDING THE 2022 CALIFORNIA
BUILDING CODE; THE 2022 CALIFORNIA RESIDENTIAL CODE; THE 2022 CALIFORNIA ELECTRICAL CODE; THE 2022 CALIFORNIA
MECHANICAL CODE; THE 2022 CALIFORNIA PLUMBING CODE; THE 2022 ENERGY CODE; THE 2022 CALIFORNIA EXISTING BUILDING CODE; THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE; THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE;
MAKING AMENDMENTS TO SAID CODES; AND FINDING THE ACTION

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS FOLLOWS:

SECTION 1. RECITALS.

1. In July 2022, the California Building Standards Commission adopted the 2022 Edition of the California Building Standards Code (“CBSC”), effective January 1, 2023 and codified in Title 24 of the California Code of Regulations (“CCR”).

2. The CBSC consists of building standards that regulate the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, electrical systems, plumbing, mechanical systems, and maintenance of all buildings in the state and includes the California Building Code (CCR, Title 24, Part 2); the California Residential Code (CCR, Title 24, Part 2.5); the California Electrical Code (CCR, Title 24, Part 3); the California Mechanical Code (CCR, Title 24, Part 4); the California Plumbing Code (CCR, Title 24, Part 5); the California Energy Code (CCR, Title 24, Part 6); the California Existing Building Code (CCR, Title 24, Part 10); and the California Green Building Standards Code (CCR, Title 24, Part 11).

3. Pursuant to California Government Code Section 50022.2, the City of Hermosa Beach (“City”) may adopt the 2022 Edition of the CBSC by reference.

4. Pursuant to sections 17958.7 and 18941.5 of the California Health & Safety Code, the City may adopt local amendments to the CBSC determined by 894
the City Council to be reasonably necessary because of local climatic, geological, or topographical conditions.

5. The City desires to adopt the 2022 edition of the CBSC with local amendments to provide for the issuance of permits and the collection of fees, to provide adequate remedies for code violations, to establish administrative procedures consistent with City protocols, and to ensure that the state standards are reasonably tailored to local conditions.

6. Findings. Based on the foregoing, the City Council of the City of Hermosa Beach does hereby find that the proposed amendments to the 2022 Edition of the CBSC are reasonably necessary for reasons of local climatic, geologic, and topographic conditions as set forth in “Exhibit A” of this Ordinance.

SECTION 2. BUILDING CODE.

Chapter 15.04 of Title 15 of the Hermosa Beach Municipal Code is hereby amended in its entirety to read as follows:
“Chapter 15.04
Building Code

15.04.010 Adoption of building code.

15.04.020 Board of appeals.

15.04.030 Violations.

15.04.040 Fees.

15.04.050 Expiration of permits.

15.04.070 Protection of private property during construction.

15.04.080 Roof covering requirements.

15.04.100 Automatic sprinkler systems.

15.04.130 Assumption of risk for below-grade construction.

15.04.140 Pedestrian protection during construction.

15.04.010 Adoption of Building Code.

Except as hereinafter provided in this chapter, the California Building Code 2022 Edition (Part 2 of Title 24 of the California Code of Regulations), including Appendices F, G, and J, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full. Said code shall comprise the building code of the City of Hermosa Beach. A copy of the building code shall be maintained in the office of the City Clerk, and shall be made available for public inspection while the code is in force. 895
Whenever the word "jurisdiction" appears in said code, it shall mean and refer to the City of Hermosa Beach. Whenever the term "building official" appears in said code, it shall mean and refer to the Building/Code Enforcement Official or to the Director of Community Development of the city of Hermosa Beach, or his or her designee.”

15.04.020 Board of appeals.

Section 113 of Chapter 1 of the 2022 California Building Code is hereby amended to read as follows:

SECTION 113

BOARD OF APPEALS
A. General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code, there shall be and is hereby created a Board of Appeals consisting of five (5) members who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the jurisdiction. The Building Official shall be an ex officio member of and shall act as secretary to said Board but shall have no vote upon any matter before the Board. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official.

B. Limitations of authority. The jurisdiction of the Board of Appeals shall be limited to claims that this Code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this Code do not fully apply or an equally good or better method of construction is proposed. The Board of Appeals shall have no authority to waive requirements of this Code.

C. Quorum for meetings. Three (3) members of said Board shall constitute a quorum. The Board shall elect one of its members to act as chairman.

Not less than three (3) days prior to a meeting of said Board, written notice shall be given to each member personally, or by registered mail, provided, however, that any meeting of said Board shall be legal for any purpose if the written consent of all members of said Board to such meeting is executed and filed in the records of such Board.
896
Such Board shall have the right, subject to such limits as the Council may prescribe by resolution, to employ at the cost and expense of said City such practicing architects, competent builders, attorneys and structural engineers as said Board in its discretion may deem reasonable and necessary to assist in its investigation and in making its findings and decisions.

15.04.030 Violations.

Section 114 of Chapter 1 of the 2022 California Building Code shall be amended to read as follows.

SECTION 114

VIOLATIONS
A. Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, extend, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this Code.

C. Prosecution of violation. If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this Code or of the order or direction made pursuant thereto.

D. Violation penalties. Any person who violates a provision of this Code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this Code, shall be subject to penalties as prescribed by law.
897
E. Violation a misdemeanor. Any person violating any of the provisions of this Chapter or said Building Code shall be deemed guilty of a misdemeanor and shall be punishable as set out in Section 1.04.020 of this Code.

15.04.040 Fees.

Section 109 of the 2022 California Building Code is hereby amended to read as follows:

SECTION 109 FEES
A. General. Fees shall be assessed in accordance with the provisions of this Section.

B. Permit fees. The fee for each permit shall be as set forth in the latest resolution adopted by the City Council. The determination of value or valuation under any of the provisions of this Code shall be made by the Building Official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and other permanent equipment. Where work for which a permit is required by this Code is started or proceeded with prior to obtaining said permit, the fees above specified shall be quadrupled, but the payment of such quadrupled fee shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work nor from any other penalties prescribed herein.

C. Plan review fees. When a plan or other data are required to be submitted by this Code, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be eighty (80) percent of the building permit fee.

The plan review fees specified in this Subsection are separate fees from the permit fees specified in Subsection 1.8.4.2 and are in addition to the permit fees.

Where plans are incomplete or changed or involve deferred submittals so as to require additional plan review, an additional plan review fee shall be charged at the rate indicated in the executive order.

D. Expiration of plan review. Applications for which no permit is issued within one hundred eighty (180) days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. 898
The Building Official may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

E. Fee refunds.

1. The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.

2. The Building Official may authorize the refunding of not more than eighty (80) percent of the permit fee paid when no work has been done under a permit issued in accordance with this Code.

3. The Building Official may authorize the refunding of not more than eighty (80) percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done.

The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than one hundred eighty (180) days after the date of fee payment.

15.04.050 Expiration of permits.

Section 105.5 of Chapter 1 of the 2022 California Building Code is hereby amended to read as follows:

SECTION 105.5

EXPIRATION OF PERMITS
105.5 Expiration.

Every permit issued by the Building Official under the provisions of this Code shall expire and become null and void (1) if the building or work authorized by such permit is not commenced within 12 months after the permit was issued, unless the permittee has abandoned the work authorized by the permit, or (2) if the building or work authorized by such permit is not completed within two calendar years from the issuance date of the permit.

Exception:
899
For any project subject to a discretionary permit from the Planning Commission under Title 17 of the HBMC, the Planning Commission has authority, and City Council on appeal, to establish as a condition of approval the building permit expiration date by which construction shall be completed, based upon the size and complexity of the project. The time frame provided in the condition of approval for permitted construction activities shall be inclusive of all permits and phases of the project (i.e. demolition, excavation, building construction, site improvements, and approved final inspection for all permits issued for the project).

A. Where work has not commenced within 12 months from the issuance date of a permit, a renewed permit valid for two years may be obtained upon payment of a renewal fee equal to ten percent of the original permit fee provided that (1) no changes have been made or will be required in the original plans and specifications for such work and (2) the renewed permit is issued within two years of the original permit issuance date.

C. The Building Official, or the Planning Commission in the case of discretionary permits, may grant a maximum of two (2) extensions for a period not exceeding six calendar months each upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented completion of the project. A fee of ten percent of the original permit fee shall be assessed for such renewal.

D. Any permittee holding an active permit and seeking an exception pursuant to subsection (C) may apply in writing for an extension of the time within which work under that permit may be continued when, for good and satisfactory reasons, he or she is unable to continue work within the time required by this Section due to circumstances beyond the control of the permittee.

E. Any permittee seeking to extend a permit pursuant to the above may present evidence to City staff that clearly demonstrates that the uncompleted work is less than ten percent of the project. At its sole discretion, should the City determine that less than ten percent of the project is left to be completed, the renewal fee or the new permit fee may be reduced to an amount equivalent to the corresponding lower percentage.
900
F. Any application for a renewed permit or a permit extension shall be reviewed under the Building Codes and Ordinances in effect at the time of the original permit.

G. If the owner or applicant fails to complete the project within the time required, the Building Official is authorized to initiate a nuisance abatement action pursuant to Chapter 8.28 of this Code or undertake any other remedy permitted by law.

15.04.070 Protection of private property during construction.

Section 3307 of the 2022 California Building Code is hereby amended to read as follows:

SECTION 3307

PROTECTION OF ADJOINING AND NEARBY PROPERTY AND PERSONS 3307.1 Adjoining and nearby public and private property and persons making lawful use of such property shall be protected from damage during construction, remodeling and demolition work. Protection must be provided for footings, foundations, party walls, chimneys, skylights and roofs. Provisions shall be made to control water runoff and erosion during construction or demolition activities. At the outset of construction activities or at the otherwise earliest time it is feasible in the opinion of the Building Official, a protective screen shall be erected to the satisfaction of the Building Official between the construction site and immediately adjoining properties, unless the Building Official determines that erection of a screen is not feasible or would serve no practical purpose.
3307.2 The Building Official shall have the authority to stop the construction work at any time that in his or her opinion said construction work has caused, is causing, or is about to cause, damage to adjacent or nearby properties. Said work shall not recommence until the time that the necessary corrections have been made so that no further damage will occur to the affected property (unless the Building Official determines that the damage will be corrected as provided in Section 3307.3) and written approval is obtained from the Building Official that said work can recommence. 3307.3 If construction work causes damage to adjacent or nearby properties, the Building Division shall withhold inspections of said work and stop work until (i) the damage to the affected property is repaired (or repair work has commenced and is continued to be performed with due diligence until completed), or (ii) the affected property owner is compensated the cost of repair, or (iii) a documented agreement satisfactory to the Building Official is 901
executed to assure repair of the damage at a more appropriate phase of the construction. If there is a bona fide dispute between the owner of the damaged property and the party alleged to have caused said damage as to the cause of the damage, the method or scope of repair or the cost of the repair, work may resume and inspections provided only if the party performing the construction work posts a bond with the City in an amount that the Building Official reasonably determines is sufficient to pay the cost of repair. Where there exists a bona fide dispute, the issues in contention are a civil matter beyond the authority of the City to resolve.
3307.4 The bond called for in Section 3307.3 shall be approved as to form by the City Attorney and held by the City until the dispute is resolved between the parties or by a court of competent jurisdiction. In the event that the aggrieved party does not submit proof to the City that an action has in fact been filed within one (1) year after the issuance of the Certificate of Occupancy, then the City shall, unless good cause is shown, release the bond.

The City shall provide thirty (30) days’ written notice to the aggrieved party of its intent to release the bond.
3307.5 Prior to the commencement of any demolition of exterior walls or roofs, excavation that requires shoring, sandblasting or other exterior construction activities that require a building permit, the owner or contractor shall provide written notice to the property owners and occupants located within one hundred (100) feet of the construction site that construction will occur, along with a copy of this Section 3307. Said notice shall be provided to the affected property owners and occupants at least five (5) days prior to any construction taking place. The notice shall contain the following information:

1. Address where construction will occur;

2. Date(s) and approximate times construction will occur;

3. Name, address, telephone number and state license number of contractor;

4. Name, address and telephone number of the owner of the property on which construction is to occur.

If the owner or the contractor fails to provide the required notice, the Building Official shall have the authority to stop the work until the notice is provided, in addition to any other remedies provided by this Code. 3307.6 Prior to approval of temporary shoring a geotechnical report shall be provided certifying that the temporary shoring has been installed 902
according to the shoring plan and specifying the time period for the integrity of the temporary shoring.

15.04.080 Roof covering requirements.

Sections 1504 and 1505 of the 2022 California Building Code are hereby amended by adding Section 1504.10 and amending Section 1505.1.2 as follows, respectively:

SECTION 1504.10
1504.10 Roof deck surfaces. Only such sections of a roof which have been approved by the Building Official to be used as deck space may be covered with materials designed to be "walking" or "decking" materials. All other portions of the roof shall be covered with traditional roofing materials such as rolled, gravel, built-up, or composition roofing.

SECTION 1505.1.2
1505.1.2 Class A roofs required. The roof covering on any structure regulated by this Code shall be a fire-retardant roof covering that is at least Class A. Any new addition or reroofing of structures may match existing roof coverings if not exceeding 50% of the roof area of the entire structure, provided that no more than 50% of existing roof covering is replaced in any 60-month period.

The roof-covering assembly includes the roof deck, underlayment, interlayment, insulation and covering which is assigned a roof-covering classification.

15.04.100 Automatic sprinkler systems.

Section 903.2 of the 2022 California Building Code is hereby amended to amend section 903.2, and add section 903.2.13 to read as follows:

SECTION 903.2
903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.21.

SECTION 903.2.13
903.2.13 Expansion of existing buildings. An automatic sprinkler system is required in any existing building subject to alteration or expansion if (1) the expansion exceeds 50 percent of the existing gross floor area; or (2) the cost 903
of remodeling, expansion or improvement exceeds 50 percent of the value of the existing structure as determined by the Building Official. a. The size or valuation of an existing building shall be deemed to exceed fifty (50) percent if:

1. The expansion exceeds fifty (50) percent of the existing gross floor area; or

2. The cost of remodeling, expansion, or improvement exceeds fifty (50) percent of the value of the existing structure as determined by the building official.

15.04.130 Assumption of risk for below-grade construction.

Appendix G of the 2022 California Building Code is hereby amended by adding thereto a new Section G104.11 to read as follows:

G104.11 Waiver required for below grade construction. The building official shall require execution of a waiver before issuing a permit for construction of buildings or structures of any occupancy any portion of which is below street grade and/or does not meet the elevation requirements of Appendix G.

15.04.140 Pedestrian protection during construction.

Section 3306 of the 2022 California Building Code is hereby amended by adding thereto a new Section 3306.10 to read as follows:
3306.10 Fencing and Pedestrian Protection. Fencing and pedestrian protection shall be required at all building and demolition sites as follows:

1. Prior to issuance of a demolition or building permit, a pre-demolition site inspection shall be performed verifying sewer cap and temporary toilet location and the capping of electrical, water and gas service to the property.

2. Prior to commencement of work, all new construction or demolition sites shall install minimum 6-foot high protective chain link fencing with slats or screening incorporated, or wood fencing consistent with Section 3306 of the California Building Code, and Table 3306.1 regardless of distance to the property line. Protective wood canopies shall be installed prior to commencement of work pursuant to the requirements of Section 3306 and Table 3306.1 of the CBC.
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3. If scaffolding is used on any construction site, the exterior face of the scaffolding shall be covered with mesh screen, tarps or other material sufficient to mitigate dust and debris migration from the site.

4. A Pedestrian Protection Plan shall be approved identifying all areas of required pedestrian protection for the property, prior to the issuance of demolition or building permits. The Plan shall indicate all areas of pedestrian protection or indicate why such protection is not required (e.g., exempt due to distance of construction to property line). The Pedestrian Protection Plan shall be prepared by a licensed contractor, engineer or owner-builder and indicate the proposed protection system to be installed and the method of installation. When conditions make installation of a pedestrian canopy impractical (e.g., a narrow street or alley) an alternative method may be shown on the plan such as pedestrian diversion through use of flag persons and barriers.

5. Any work encroaching into the public right-of-way or involving pedestrian diversion shall require Public Works Department approval of permits and pedestrian protection.

6. In addition to the remedies provided in the Building Code, violations of this Section shall result in revocation or suspension of a building permit pursuant to the procedures set forth in the Code.

SECTION 1. RESIDENTIAL CODE. Chapter 15.06 of Title 15 of the Hermosa Beach Municipal Code is hereby amended in its entirety to read as follows:
“Chapter 15.06
Residential Code

15.06.010 Adoption of California Residential Code.

15.06.020 Board of appeals.

15.06.030 Violations.

15.06.040 Fees.

15.06.045 Work exempt from permit.

15.06.050 Expiration of permits.

15.06.010 Adoption of California Residential Code
Except as hereinafter provided in this chapter, the California Residential Code, 2022 Edition (Part 2.5 of Title 24 of the California Code of Regulations), including Appendices Q, R, S, and T, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full. Said code shall comprise the residential code of the City of Hermosa Beach. A copy of 905
the residential code shall be maintained in the office of the City Clerk, and shall be made available for public inspection while the code is in force.

Whenever the word "jurisdiction" appears in said code, it shall mean and refer to the City of Hermosa Beach.

Whenever the term "building official" appears in said code, it shall mean and refer to the Building/Code Enforcement Official, or the Director of Community Development of the City of Hermosa Beach, or his or her designee.

15.06.020 Board of appeals.

Section R112 of Chapter 1 of the 2022 California Residential Code is hereby amended to read as follows:

SECTION R112

C. Quorum for meetings. Three (3) members of said Board shall constitute a quorum. The Board shall elect one of its members to act as chairman.

Not less than three (3) days prior to a meeting of said Board, written notice shall be given to each member personally, or by registered mail, 906
provided, however, that any meeting of said Board shall be legal for any purpose if the written consent of all members of said Board to such meeting is executed and filed in the records of such Board.

Such Board shall have the right, subject to such limits as the Council may prescribe by resolution, to employ at the cost and expense of said City such practicing architects, competent builders, attorneys and structural engineers as said Board in its discretion may deem reasonable and necessary to assist in its investigation and in making its findings and decisions.

15.06.030 Violations.

Section R113 of Chapter 1 of said code is hereby amended to read as follows:

SECTION R113

VIOLATIONS
R113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, extend, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this Code.

Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

R113.3 Prosecution of violation. If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this Code or of the order or direction made pursuant thereto.

R113.4 Violation penalties. Any person who violates a provision of this Code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or 907
certificate issued under the provisions of this Code, shall be subject to penalties as prescribed by law.

R113.5 Violation a misdemeanor. Any person violating any of the provisions of this Chapter or said Building Code shall be deemed guilty of a misdemeanor and shall be punishable as set out in Section 1.04.020 of this Code.

15.06.040 Fees.

Section R108 of said residential code is hereby amended to read as follows:

R108A General. Fees shall be assessed in accordance with the provisions of this Section.

R108B Permit fees. The fee for each permit shall be as set forth in the latest resolution adopted by the City Council. The determination of value or valuation under any of the provisions of this Code shall be made by the Building Official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and other permanent equipment. Where work for which a permit is required by this Code is started or proceeded with prior to obtaining said permit, the fees above specified shall be quadrupled, but the payment of such quadrupled fee shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work nor from any other penalties prescribed herein.

R108C Plan review fees. When a plan or other data are required to be submitted by this Code, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be eighty (80) percent of the building permit fee.

The plan review fees specified in this Subsection are separate fees from the permit fees specified in R108B and are in addition to the permit fees.

The Building Official may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

R108E Fee refunds.

1. The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.

2. The Building Official may authorize the refunding of not more than eighty (80) percent of the permit fee paid when no work has been done under a permit issued in accordance with this Code.

15.06.045 Work exempt from permit.

Section R105.2, of the 2022 California Residential Code is hereby amended by adding the following subparagraph to “Building (1)”:

1.1 Notwithstanding paragraph (1), a permit is required to construct the following:

A. A free-standing shed. Storage area is limited to a six (6) foot ceiling height, one (1) two-gang 110v outlet and one (1) bare light bulb fixture for every 500 square feet, and no plumbing or
heating/cooling devices are permitted.

B. A storage room. "Storage room" means an attached room, with or without a separate entrance, for the storage of goods customarily associated with the use. Such room shall not contain any plumbing or natural gas outlets, but may contain one (1) overhead or wall mounted light and one (1) two-gang 110v outlet 909
for every 500 square feet. Such room shall not be used as an office, den, rumpus rooms, or for any habitation of any kind.

C. A utility room. "Utility room" means an attached or detached structure or space designed and used solely for one or more systems and appliances to support the functioning of the dwelling unit, such as heating, ventilation, air conditioning, water filtration, laundry, or utility or laundry sink. Plumbing fixtures shall be limited to those to support the functioning of the dwelling unit, such as gas connections to heating appliances or dryers, water heater or washing machine supply.

15.06.050 Expiration of permits.

Section R105.5 of the 2022 California Residential Code is hereby amended to read as follows:

R105.5 Expiration.

B. Where work has commenced and is subsequently suspended or abandoned for a period exceeding 12 months , a renewed permit valid until the original expiration date may be obtained upon payment of a renewal fee equal to ten percent of the original permit fee provided that (1) No changes have been made or will be required in the original plans and specifications for such work and (2) the renewed permit is issued within two years of the original permit issuance date, provided, however, that a renewed permit may be issued despite the passage of two years if construction has progressed and has been approved to the point where only a final inspection is required. 910
C. Where a project is not commenced or completed on the two year anniversary of the permit issuance date a new permit is required. The applicant shall pay a fee for the new permit based on the valuation of the uncompleted work required for a plan check and a new permit and plans will be reviewed under the Codes and Ordinances in effect at the time the new applications are submitted.

D. Any permittee holding an active permit may apply in writing for an extension of the time within which work under that permit may be continued when, for good and satisfactory reasons, he or she is unable to continue work within the time required by this Section due to circumstances beyond the control of the permittee. The Building Official may extend the time for action by the permittee for a period not exceeding six calendar months. No permit shall be extended more than twice.

E. If the owner or applicant fails to complete the project within the time required, the Building Official is authorized to obtain the demolition and removal of incomplete work on the property.

SECTION 2. MECHANICAL CODE. Chapter 15.12 of Title 15 of the Hermosa Beach Municipal Code is hereby amended in its entirety to read as follows:
“Chapter 15.12
Mechanical Code

15.12.010 Adoption of mechanical code.

15.12.020 Board of appeals.

15.12.030 Mechanical permit fees.

15.12.040 Violations.

15.12.010 Adoption of Mechanical Code.

Except as hereinafter provided in this chapter, the California Mechanical Code, 2022 Edition (Part 4 of Title 24 of the California Code of Regulations), is hereby adopted by reference and made a part of this chapter as though set forth herein in full. Said code shall comprise the mechanical code of the City of Hermosa Beach. A copy of the mechanical code shall be maintained in the office of the City Clerk and shall be made available for public inspection while the code is in force.

Whenever the word "jurisdiction" appears in said code, it shall mean and refer to the City of Hermosa Beach.
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Whenever the term "building official" appears in said code, it shall mean and refer to the Building/Code Enforcement Official or the Director of Community Development of the City of Hermosa Beach, or his or her designee.

15.12.020 Board of appeals.

Section 107.0 of Chapter 1 of the 2022 California Mechanical Code is hereby amended to read as follows:

SECTION 107.0
General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code, there shall be and is hereby created a Board of Appeals consisting of members who are qualified by experience and training to pass upon matters pertaining to mechanical design, construction and maintenance and public health aspects of mechanical systems and who are not employees of the jurisdiction. Said Board shall be the same Board of Appeals specified in Section 1.8.8 of the Building Code as amended by Section 15.04.020 of this Code.

The Building Official shall be an ex officio member and shall act as secretary to said Board but shall have no vote upon any matter before the Board. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant, with a duplicate copy to the Building Official.

Limitations of authority. The jurisdiction of the Board of Appeals shall be limited to claims that this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply or an equally good or better method of construction is proposed. The Board of Appeals shall have no authority to waive requirements of this Code.

Quorum for meetings. Three (3) members of said Board shall constitute a quorum. The Board shall elect one of its members to act as chairman.

Not less than three (3) days prior to a meeting of said Board, written notice shall be given to each member personally, or by registered mail, provided, however, that any meeting of said Board shall be legal for any purpose if the written consent of all members of said Board to such meeting is executed and filed in the records of such Board.
912
Such Board shall have the right, subject to such limits as the City Council may prescribe by resolution, to employ at the cost and expense of the City, such practicing architects, competent builders, attorneys and structural engineers as said Board in its discretion may deem reasonable and necessary to assist in its investigation and in making its findings and decisions.

15.12.030 Mechanical permit fees.

Section 104.5 of the 2022 California Mechanical Code is hereby amended to read as follows:

SECTION 104.5
A. Permit fees. The fee for each permit shall be as set forth in the latest resolution adopted by the City Council.

B. Plan review fees. When a plan or other data are required to be submitted pursuant to Section, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be equal to eighty (80) per cent of the mechanical permit fee.

15.12.040 Violations.

Any person violating any of the provisions of this chapter or the current adopted mechanical code shall be deemed guilty of a misdemeanor and shall be punishable as set forth in Section 1.04.020.”
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SECTION 3. PLUMBING CODE. Chapter 15.16 of Title 15 of the Hermosa Beach Municipal Code are hereby amended to read as follows:
“Chapter 15.16
Plumbing Code

15.16.010 Adoption of plumbing code.

15.16.020 Plumbing permit fees.

15.16.030 Board of appeals.

15.16.050 Reserved.

15.16.060 Drainage piping.

15.16.070 Retrofitting existing commercial kitchens with grease recovery systems.

15.16.080 Maintenance and annual inspection of grease recovery systems in commercial kitchens.

15.16.090 Violations.

15.16.010 Adoption of plumbing code.

Except as hereinafter provided in this chapter, the California Plumbing Code, 2022 Edition (Part 5 of Title 24 of the California Code of Regulations) including Appendices A, D, H, and I, is hereby adopted by reference and made a part of this chapter as though set forth herein in full. Said code shall comprise the plumbing code of the City of Hermosa Beach. A copy of the plumbing code shall be maintained in the office of the City Clerk, and shall be made available for public inspection while the code is in force.

Whenever the word "jurisdiction" appears in said code, it shall mean and refer to the City of Hermosa Beach.

Whenever the term "administrative authority" or "building official" appears in said code, it shall mean and refer to the Building/Code Enforcement Official or the Director of Community Development of the City of Hermosa Beach or his or her designee.

15.16.020 Plumbing permit fees.

Section 104.5 of Chapter 1 of the 2022 California Plumbing Code is hereby amended to read as follows:

SECTION 104.5
A. Permit fees. The fee for each permit shall be as set forth in the latest resolution adopted by the City Council.
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B. Plan review fees. When a plan or other data are required to be submitted pursuant to this Code, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be equal to eighty (80) percent of the mechanical permit fee.

15.16.030 Board of appeals.

Section 107.0 of Chapter 1 of the 2022 California Plumbing Code is hereby amended to read as follows:

SECTION 107.0

15.04.020 of this Code.

The Building Official shall be an ex officio member and shall act as secretary to said Board but shall have no vote upon any matter before the Board. The Board of Appeals shall be appointed by the governing body and shall hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant, with a duplicate copy to the Building Official.

B. Limitations of authority. The jurisdiction of the Board of Appeals shall be limited to claims that this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply or an equally good or better method of construction is proposed. The Board of Appeals shall have no authority to waive requirements of this Code.

C. Quorum for meetings. Three (3) members of said Board shall constitute a quorum. The Board shall elect one of its members to act as chairman.

Such Board shall have the right, subject to such limits as the City Council may prescribe by resolution, to employ at the cost and expense of the City, such practicing architects, competent builders, attorneys and structural engineers as said Board in its discretion may deem reasonable and necessary to assist in its investigation and in making its findings and decisions.

15.16.060. Drainage piping.

Section 701.2(2)(a) of the 2022 California Plumbing Code is hereby amended to read as follows:
701.2(2)(a)
ABS and PVC installations are limited to no more than two stories of areas of residential accommodation, provided that the installations meet the following requirements:

1. The installation shall be enclosed in one-hour fire rated assemblies. Such assembly shall either be comprised of heavy lumber (4x minimum), or fire-resistant drywall.

2. Where the installation passes through either a story or a fire rated assembly, a penetration firestop system shall be installed at such penetration, in accordance with section 302.4.1.2 of the 2022 California Residential Code.

15.16.070 Retrofitting existing commercial kitchens with grease recovery systems.

Section 1014.1.1.1 is hereby added to Chapter 10 of the 2022 California Plumbing Code to read as follows:
1014.1.1.1 For the purposes of Section 1014.1.3, the following terms shall have the following meanings:

Affected establishment means all commercial and institutional food preparation and food service facilities which discharge wastewater or materials containing fat, oil or grease, whether emulsified or not, or containing substances which may solidify or become viscous at temperatures between 0 and 65 degrees Celsius (32-150 degrees F) at an access in nearest proximity to the point of discharge into the wastewater treatment system, generally including but not limited to restaurants, bakeries, assisted living facilities, 916
convalescent homes, butcher shops, cafes, delicatessens, ice cream parlors, hotels, and grocery stores.

Whenever an affected establishment, as defined above, changes use, or applies for a building, plumbing, electric, mechanical or any other permit issued by the City, that establishment may be required to submit a grease recovery analysis showing existing grease control devices. (Said analysis to consist of complete plumbing and mechanical schematics for the establishment.) Upon review of the analysis by the City or its agent(s), the establishment shall be required to upgrade or improve on its grease recovery system as deemed appropriate by the review. Said upgrades and improvements may include but are not limited to; in-ground interception tanks, improved roof top grease venting systems and absorbent padding and interior fry grease recovery systems.

Grease shall mean grease, or fatty or oily substances and other insoluble waste that turns or may turn viscous or solidifies with a change in temperature or other conditions.

Grease removal system means any system that meets the requirements of this Code and functions to remove grease from drain water prior to its entry into the public sewer system.

Notwithstanding the provisions of Section 15.16.010, Section 1014.1.1.2 is hereby added to Chapter 10 of said Plumbing Code to read as follows:
104.1.1.2 The retrofit installation of an approved grease recovery system shall be required for all affected establishments. The affected establishment shall have the option to install any of the required grease recovery systems separately or in combination as prescribed in Chapter 10. Plans or specifications prepared by a licensed professional engineer or a licensed plumbing contractor, where required, and the manufacturer’s installation and maintenance instructions shall be submitted to the Community Development Department (CDD) for approval prior to installation. Any approvals and permits required for work in the public right-of-way shall be obtained from the Public Works Department.

15.16.080 Maintenance and annual inspection of grease recovery systems in commercial kitchens.

Section 1014.1.4 is hereby added to Chapter 10 of the 2022 California Plumbing Code to read as follows:
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1014.1.4
Maintenance and monitoring. It is the responsibility of the owner or operator of every establishment required to have a grease removal system to maintain the system in a sanitary, safe, and efficient operating condition so as to prevent grease from flowing into the sewer system. A grease removal system shall not be considered properly maintained if for any reason it is not in good working condition or if sediment and/or grease accumulations total more than 25 percent of the operative fluid capacity. It is the owner or operator’s responsibility to provide for removal of the accumulated grease and other waste contained in the system. Grease removed from such a system shall not be disposed of in the sanitary or the storm sewer.

Inspection. All owners/operators of establishments with grease recovery systems shall keep maintenance records and haulers manifests and shall allow City inspection of grease removal systems from time to time during normal business hours. Grease removal systems shall be readily accessible for inspection as per Section 203.0. All applicable records shall be available to the Building Official or his or her representative upon request. An annual inspection fee in an amount set forth in the City’s Master Schedule of Service Charges and Fees shall be paid by the owner/operator at the time of business license renewal.

15.16.090 Violations.

Any person violating any of the provisions of this chapter or the current adopted plumbing code shall be deemed guilty of a misdemeanor and shall be punishable as set forth in Section 1.04.020.”
SECTION 4. EXISTING BUILDING CODE. Chapter 15.28 of Title 15 of the Hermosa Beach Municipal Code is hereby amended in its entirety to read as follows:
“Chapter 15.28
Existing Buildings

15.28.010 Adoption of existing building code.

Except as hereinafter provided, the California Existing Building Code, 2022 Edition (Part 10 of Title 24 of the California Code of Regulations) is hereby adopted by reference and made a part of this chapter as though set forth in this Chapter in full. Said Code shall comprise the Existing Building Code of the City of Hermosa Beach. A copy of said Code shall be maintained in the office 918
of the City Clerk, and shall be made available for public inspection while the Code is in force.

Whenever the word "jurisdiction" appears in said code, it shall mean and refer to the City of Hermosa Beach.

Whenever the term "building official" appears in said code, it shall mean and refer to the Director of Community Development of the City of Hermosa Beach or his or her designee.”
SECTION 5. ELECTRICAL CODE. Chapter 15.32 of Title 15 of the Hermosa Beach Municipal Code is hereby amended to read as follows:
“Chapter 15.32
Electrical Code

15.32.010 Adoption of electrical code.

15.32.020 Fees.

15.32.030 Underground service conductors - Installation.

15.32.040 Temporary installations.

15.32.010 Adoption of electrical code.

Except as provided in this chapter and elsewhere in this title, the California Electrical Code, 2022 Edition (Part 3 of Title 24 of the California Code of Regulations (including no Appendices) is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full. Said code shall comprise the electrical code of the City of Hermosa Beach. A copy of the electrical code shall be maintained in the office of the City Clerk, and shall be made available for public inspection while the code is in force.

Whenever the word "jurisdiction" appears in said code, it shall mean and refer to the City of Hermosa Beach.

Whenever the term "building official" appears in said code, it shall mean and refer to the Building/Code Enforcement Official or to the Director of Community Development of the City of Hermosa Beach, or his or her designee.”

15.32.020 Fees.

Section 89.108.4.2 of the 2022 California Electrical Code is hereby amended to read as follows:
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89.108.4.2 The fee for each permit shall be as set forth in the latest resolution adopted by the City Council. When a plan or other data are required to be submitted pursuant to this Code, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be equal to eighty (80) percent of the mechanical permit fee.

For purposes of determining fees only, the following definitions shall apply:

A. New general use branch circuits.

1. The fees prescribed apply to new branch circuit wiring and the lighting fixtures, switches, receptacles, appliances or other utilization equipment permitted to be supplied by these branch circuits.

2. For the purposes of this Subsection, each ungrounded conductor of a multi-wire branch circuit supplying one appliance may be counted as one circuit.

3. For the purposes of this Subsection, three-phase lighting branch circuits are counted as two (2) branch circuits.

B. Adding outlets (to existing branch circuits) or temporary lights and yard lighting.

1. Each outlet added to an existing branch circuit shall be counted as one unit and each lighting fixture connected thereto shall be counted as an additional unit except as modified in the following provisions of this Subsection.

2. An outlet shall mean a point or place on a fixed-wiring installation from which electric current is controlled, or is supplied to a lamp, lighting fixture, fan, clock, heater, range, motor, or other electrical. appliance or equipment.

3. An outlet box for two (2) or more switches or receptacles shall be considered as one unit.

C. Motors, transformers, heating appliances and miscellaneous equipment or appliances.

1. The fees prescribed cover the inspection of the supply branch circuit and the utilization equipment supplied therefrom and the control equipment therefor.

2. Except where supplied by branch circuits rated over fifty (50) amperes, the fees required apply only to non-dwelling occupancies. The fee for each motor, transformer, heating appliance, welder, rectifier, x-ray 920
machine, storage battery system, infrared industrial heating appliance, cooking or baking equipment, studio effects lighting, and other miscellaneous equipment or appliances shall be given in the rating table of the resolution order.

3. Where fixed equipment is supplied by flexible cords to facilitate servicing or replacement, those fees shall also apply to each receptacle outlet installed for the supply of portable equipment rated larger than three (3) H.P., K.W., or K.V.A.

4. For any equipment or appliance containing more than one motor, or other current consuming utilization components in addition to the motor or motors, the combined electrical ratings converted to K.V.A. of all shall be used to determine the fee. For the purpose of this subsection, one H.P. or one K.W. is equivalent to one K.V.A. The total ampere ratings of all receptacles installed on a factory fabricated wireway assembly for studio effects lighting may be used in computing the fees therefor.

5. The fees for a change of location or replacement of equipment on the same premises shall be the same as that for a new installation. However, no fees shall be required for moving any temporary construction motor from one place to another on the same site during the time of actual construction work after a permit has once been obtained for such motor and the fees required therefor have been paid.

D. Required fire warning, communications and emergency control systems.

For the purposes of this Subsection, devices shall include all signaling equipment, stations, power equipment such as damper actuators or door holding device, and communication jacks or outlets.

E. Service and switchboard sections.

1. Fees shall be required for the installation, reinstallation, replacement or alteration of each service and each switchboard section.

2. For the purpose of this Subsection, a switchboard section means any portion of complete switchboard, distribution board, or motor control center which is prevented by the structural framework from being separated into smaller units.

3. The fees for services shall be determined from the ampacity of the set of service entrance conductors or the total ampere rating of the service equipment.
921

4. No fee need be paid for switchboard section which incorporates service equipment for which service fees were paid.

15.32.030 Underground service conductors – Installation.

Section 230.30 of the 2022 California Electrical Code is hereby amended to add the following paragraphs:
(C) Underground service laterals required for new construction.

All new buildings and structures in the City shall provide underground electrical and communications service laterals on the premises to be served as hereinafter required. This provision shall not apply to utility lines that do not provide service in the area being developed.
(D) Underground utilities for new buildings.

All electrical, telephone, community antenna television system (CATV), and similar service wires or cables which provide direct service to new buildings and structures shall be installed underground in compliance with all applicable building and electrical codes, safety regulations and orders, and the rules of the Public Utilities Commission of the State of California. (E) Underground utilities for existing buildings.

Existing overhead wires and/or new utility service shall be placed underground when one or more new dwelling units are created in an existing building and one or both of the following apply:

1. The expansion exceeds fifty (50) percent of the existing gross floor area; or

2. The cost of remodeling, expansion or improvement exceeds fifty (50) percent of the value of the existing structure as determined by the building official.

Exception: Undergrounding shall not be required if Southern California Edison deems in writing that such underground installation is infeasible based upon its service requirements or to the unavailability of necessary easements. (F) Responsibility for compliance.

The developer and owner are jointly and severally responsible for complying with the requirements of this chapter and shall make the necessary arrangements with the utility companies for the installation of such facilities. (G) Existing underground areas.

On streets where electrical and communications lines have been placed underground or where no overhead lines presently exist on or before 922
July 1, 1977, said lines shall remain permanently underground and no additional electric or communications service facilities shall be added on said streets unless they are placed underground.

15.32.040 Temporary installations.

Section 590.3(A) of the 2022 California Electrical Code is hereby amended to add the following subparagraph:
(1) Temporary power pole required on construction sites.

All construction sites for which temporary power must be supplied because there is no electrical service shall provide a temporary power pole prior to issuance of a building permit. Said power pole shall remain installed until the project has received final approval and electrical service has commenced. Generators are prohibited as a substitute for a temporary power pole.”
SECTION 6. GREEN BUILDING STANDARDS ADOPTION. Chapter 15.48 of Title 15 of the Hermosa Beach Municipal Code is hereby amended in its entirety to read as follows:
“Chapter 15.48
Green Building Standards

15.48.010 Adoption of CALGreen code.

Except as provided in this chapter and elsewhere in this title, the California Green Building Standards Code (referred to herein as "CALGreen"), 2022 Edition (Part 11 of Title 24 of the California Code of Regulations) is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full. A copy of the CALGreen code shall be maintained in the office of the City Clerk, and shall be made available for public inspection while the code is in force.

Whenever the word "jurisdiction" appears in said code, it shall mean and refer to the City of Hermosa Beach.

Whenever the term "building official" appears in said code, it shall mean and refer to the Building/Code Enforcement Official or Director of Community Development of the City of Hermosa Beach or his or her designee.” SECTION 7. ENERGY CODE ADOPTION. Chapter 15.52 of Title 15 of the Hermosa Beach Municipal Code is hereby amended in its entirety to read as follows:
923
“Chapter 15.52
Energy Code

15.52.010 Adoption of energy code.

Except as provided in this chapter and elsewhere in this title, the California Energy Code, 2022 Edition (Part 6 of Title 24 of the California Code of Regulations), including all appendices, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full. Said code shall comprise the energy code of the City of Hermosa Beach. A copy of the energy code shall be maintained in the office of the City Clerk and shall be made available for public inspection while the code is in force.

Whenever the word "jurisdiction" appears in said code, it shall mean and refer to the City of Hermosa Beach.

Whenever the term "building official" appears in said code, it shall mean and refer to the Director of Community Development of the City of Hermosa Beach or his or her designee.”
SECTION 8. INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTION. Chapter

15.56 of Title 15 of the Hermosa Beach Municipal Code is hereby added to read as follows:
“Chapter 15.56
Property Maintenance Code

15.56.010 Adoption of International Property Maintenance Code.

The International Property Maintenance Code, 2021 Edition, is hereby adopted by reference in its entirety by the City, as amended herein, except that for purposes of citation, said code shall be renumbered by adding “15.56” before the sections of the International Property Maintenance Code.” Section 12. Filing. The City Clerk shall file a certified copy of this Ordinance with the California Building Standards Commission pursuant to section 17958.7 of the California Health and Safety Code.

Section 13. CEQA. The City Council finds that the adoption of the California Buildings Standards Code and local amendments thereof is exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guideline section 15061(b)(3) (the common sense exemption). The action is largely administrative in nature and designed to improve and not degrade environmental quality such that there is no possibility that adopting this 924
Ordinance would adversely affect the environment in any manner that could be significant.

Section 14. Severability. If any provision of this Ordinance is declared to be invalid by a court of competent jurisdiction, it shall not affect any remaining provision hereof. The City Council of the City of Hermosa Beach hereby declares that it would have adopted this Ordinance despite any partial invalidity of its provisions.

Section 15. Effective Date. This Ordinance shall take effect on January 1, 2023, consistent with section 18941.5 of the California Health and Safety Code, which is to be no less than thirty (30) days after its final passage and adoption, consistent with California Government Code section 36937.

Section 16. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

PASSED, APPROVED and ADOPTED this 29th day of November, 2022.

Michael Detoy
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Myra Maravilla Michael Jenkins
City Clerk City Attorney
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Exhibit A
Findings to Support Local Amendments to the
2022 Edition of the California Building Standards Code and Related Codes Pursuant to California Health & Safety Code sections 17958.5, 17958.7, and 18941.5, this Exhibit A to Ordinance No. ___ of the City of Hermosa Beach sets forth the City Council’s express findings and determinations justifying the City’s local amendments to the 2022 Edition of the California Building Standards Code as reasonably necessary because of local climatic, geologic, and/or topographic conditions.

Chapter 15.04 Amendments to California Building Code (CBC) Municipal Code
Section
CBC Section
Added or
Amended
Substance of Amendment
(full text in Ordinance No. ____)
Justificatio
n (see key
below)
Sec.

15.04.020
113 Adds local procedures for the
Building Board of Appeals.

A
Sec.

15.04.030
114 Adds local procedures for
prosecuting code violations.

A
Sec.

15.04.040
109 Creates fees for permits
and plan review.

A
Sec.

15.04.050
105.5 Provides for the expiration of
permits consistent with state
law (AB 2913).

A
Sec.

15.04.070
3307 Adds processes for protecting
adjoining property during
construction, including
requirements for posting a bond
to cover damage claims and
notice requirements.

B (ii)
Sec.

15.04.080
1504 Adds §1504.10, “Roof deck
surfaces.” Prohibits use "walking"
or "decking" materials as roof
coverings unless approved by
Building Official.

B (ii)
1505 Adds § 1505.1.2, “Class A roofs
required.” Requires Class A fire
rated roof coverings on all
structures regulated by the
Code.

B (ii)
926
65270.00001\40786161.2
Sec.

15.04.100
903.2 Amends § 903.2 to require
automatic sprinkler systems in
locations described in Sections
903.2.1 through 903.2.21.

B (ii)
Adds § 903.2.13 to require
sprinklers when existing
buildings are subject to
alteration or expansion as
specified.

B (ii)
Sec.

15.04.130
Appx. G Adds § G104.11 to require
waiver of liability claims against
City from owners constructing
occupancies below specified
elevation requirements.

A
Sec.

15.04.140
3306 Adds § 3306.10 detailing
requirements for fencing during
construction to increase
protections for pedestrians.

B (ii)
Sec.

15.04.010
Appx. F Adopts by reference Appx. F
standards for rodent-proofing
buildings.

B (ii)
Sec.

15.04.010
Appx. G Adopts by reference Appx. G
standards for flood-resistant
construction.

B (iii)
Sec.

15.04.010
Appx. J Adopts by reference Appx. J
standards for grading.

Adopted by
HCD; A
Chapter 15.06 Amendments to California Residential Code (CRC) Municipal Code
Section
CRC Section
Added or
Amended
Substance of Amendment
(full text in Ordinance No. ____)
Justificatio
n (see key
below)
Sec.

15.06.020
R112 Adds local procedures for the
Board of Appeals.

A
Sec.

15.06.030
R113 Adds local procedures for
prosecuting code violations.

A
927
65270.00001\40786161.2
Sec.

15.06.040
R108 Creates fees and process for fee
refunds.

A
Sec.

15.06.045
R105.2 Provides that a permit is
required to construct a shed,
storage room, and a utility
room.

B (ii)
Sec.

15.06.050
R105.5 Provides for the expiration of
permits consistent with state
law (AB 2913).

A
Sec.

15.06.010
Appx. Q Adopts by reference Appx. Q
standards for Tiny Houses.

B (ii)
Sec.

15.06.010
Appx. R Adopts by reference Appx. R
standards for light straw-clay
construction.

B (ii)
Sec.

15.06.010
Appx. S Adopts by reference Appx. S
standards for strawbale
construction.

Adopted
by HCD,
A, B (ii)
Sec.

15.06.010
Appx. T Adopts by reference Appx. T
standards for Solar- Ready
Provisions for Detached Oneand Two-Family Dwellings and Townhouses.

B (ii)
Chapter 15.12 Amendments to California Mechanical Code (CMC) Municipal Code
Section
CMC Section
Added or
Amended
Substance of Amendment
(full text in Ordinance No. ____)
Justificatio
n (see key
below)
Sec.

15.12.020
107.0 Establishes and sets local
procedures for the Board of
Appeals.

A
Sec.

15.12.030
104.5 Creates fees for permits
and plan review.

A
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65270.00001\40786161.2
Chapter 15.16 Amendments to California Plumbing Code (CPC) Municipal Code
Section
CPC Section
Added or
Amended
Substance of Amendment
(full text in Ordinance No. ____)
Justificatio
n (see key
below)
Sec.

15.16.020
104.5 Creates fees for permits
and plan review.

A
Sec.

15.16.030
107.0 Establishes and sets local
procedures for the Board of
Appeals.

A
Sec.

15.16.050
419.0 Requires the installation of
garbage disposals in all new
and remodeled residential
buildings.

B (iv)
Sec.

15.16.060
701.2(2)(a) Allows plastic vents and drains
in up to three stories of
residential units.

B (i)
Sec.

15.16.070
1014.1.1.1 Requires the installation of
grease recovery systems in all
commercial and institutional
food facilities.

B (iv)
Sec.

15.16.080
1014.1.4 Requires the maintenance of
grease recovery systems in
commercial kitchens and the
keeping of maintenance
records.

B (iv)
Sec.

15.16.010
Appx. A Adopts by reference Appx. A
Recommended Rules for Sizing
the Water Supply System.

Adopted by
HCD, A
Sec.

15.16.010
Appx. D Adopts by reference Appx. D
Sizing Storm Water Drainage
Systems.

Adopted by
HCD, A
Sec.

15.16.010
Appx. H Adopts by reference Appx. H
standards for Private Sewage
Disposal Systems.

Adopted by
HCD, A
Sec.

15.16.010
Appx. I Adopts by reference Appx. I
regarding installation of PEX
Tubing Systems.

Adopted by
HCD, A
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65270.00001\40786161.2
Chapter 15.32 Amendments to California Electrical Code (CEC) Municipal Code CEC Section Substance of Amendment Justification Section Added or
Amended (full text in Ordinance No. ____) (see key
below)
Sec.

15.32.020

89.108.4.2 Establishes permit fees. A
Sec.

15.32.030
230.30 Adds subparagraphs (C), (D), (E)
requiring undergrounding of
service laterals for new
construction and of utilities for
new and existing buildings.

B(ii)
Adds subparagraph (F) to
impose joint and several liability
on developer and property
owner for compliance.

A
Adds subparagraph (G) to
impose moratorium on
overhead utility lines in
specified areas.

B(ii)
Sec.

15.32.040
590.3(A) Adds subparagraph (A)(1) to
provide that generators are
prohibited as a substitute for
temporary power poles at
construction sites.

B(ii)
930
65270.00001\40786161.2
Justifications KEY:

A – This is an administrative amendment, which does not modify a building standard as defined in California Health & Safety Code section 18909. The amendment establishes administrative procedures for the effective enforcement of the building standards in the City of Hermosa Beach.

B – This amendment is reasonably necessary because of the following local climatic, geological, or topographical conditions:
i. Local soil and air conditions (salt laden sand and sea mist) tend to be highly corrosive, thereby diminishing the integrity of metal components such as cast iron pipes and vents in a shorter time span than in other areas.
ii. The City of Hermosa Beach is one of the most densely populated cities in southern California. Homes and other buildings are often six feet or less from one another making fire spread more likely, and enhancing the likelihood of rodents to migrate from one to another. Further, the overhead clutter of utility lines reduces the aesthetic quality of the City.
iii. Hermosa Beach is located directly adjacent to the Pacific Ocean and is subject to storm surge, tsunami impact and high ground water near the coast.
iv. Hermosa Beach has an aging sewer system, portions of which are more than eighty years old. This amendment assists in reducing blockage of the system.
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Chapter 15.04
Chapter 15.04 Uniform Building Code

15.04.010 Adoption of building code.

15.04.020 Board of appeals.

15.04.030 Violations.

15.04.040 Fees.

15.04.050 Expiration of permits.

15.04.070 Protection of private property during construction.

15.04.080 Roof covering requirements.

15.04.100 Automatic sprinkler systems.

15.04.130 Assumption of risk for below-grade construction.

15.04.140 Pedestrian protection during construction.

15.04.010 Adoption of Building Code.

Except as hereinafter provided in this chapter, the California Building Code 20192022 Edition (Part 2 of Title 24 of the California Code of Regulations), including Appendices F, G, and J, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full. Said code shall comprise the building code of the cityCity of Hermosa Beach. A copy of the building code shall be maintained in the office of the city clerkCity Clerk, and shall be made available for public inspection while the code is in force.

Whenever the word "jurisdiction" appears in said code, it shall mean and refer to the cityCity of Hermosa Beach. Whenever the term "building official" appears in said code, it shall mean and refer to the building/code enforcement official or to the director of community developmentBuilding/Code Enforcement Official or to the Director of Community Development of the city of Hermosa Beach, or his or her designee.”

15.04.2015.04.020 Board of appeals.

Section 113 of Chapter 1 of the 20192022 California Building Code is hereby amended to read as follows:

SECTION 113

The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official.

C. Quorum for meetings. Three (3) members of said Board shall constitute a quorum. The Board shall elect one of its members to act as chairman.

15.04.030 Violations.

Section 114 of Chapter 1 of the 20192022 California Building Code shall be amended to read as follows:.

SECTION 114

B. Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this Code, or in violation of a permit or certificate issued under the provisions of this Code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
933
C. Prosecution of violation. If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this Code or of the order or direction made pursuant thereto.

E. Violation a misdemeanor. Any person violating any of the provisions of this Chapter or said Building Code shall be deemed guilty of a misdemeanor and shall be punishable as set out in Section 1.04.020 of this Code.

15.04.040 Fees.

Section 109 of the 20192022 California Building Code is hereby amended to read as follows:

SECTION 109 FEES
A. General. Fees shall be assessed in accordance with the provisions of this Section.

The plan review fees specified in this Subsection are separate fees from the permit fees specified in Subsection 1.8.4.2 and are in addition to the permit fees. 934
Where plans are incomplete or changed or involve deferred submittals so as to require additional plan review, an additional plan review fee shall be charged at the rate indicated in the executive order.

D. Expiration of plan review. Applications for which no permit is issued within one hundred eighty (180) days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

E. Fee refunds.

1. The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.

2. The Building Official may authorize the refunding of not more than eighty (80) percent of the permit fee paid when no work has been done under a permit issued in accordance with this Code.

15.04.5015.04.050 Expiration of permits.

Section 105.5 of Chapter 1 of the 20192022 California Building Code is hereby amended to read as follows:

SECTION 105.5

EXPIRATION OF PERMITS
105.5 Expiration.

Every permit issued by the Building Official under the provisions of this Code shall expire and become null and void (1) if the building or work authorized by such permit is not commenced within 12 months after the permit was issued, unless the permittee has abandoned the work authorized by the permit, or (2) if 935
the building or work authorized by such permit is not completed within two calendar years from the issuance date of the permit.

Exception:

For any project subject to a discretionary permit from the Planning Commission under Title 17 of the HBMC, the Planning Commission has authority, and City Council on appeal, to establish as a condition of approval the building permit expiration date by which construction shall be completed, based upon the size and complexity of the project. The time frame provided in the condition of approval for permitted construction activities shall be inclusive of all permits and phases of the project (i.e. demolition, excavation, building construction, site improvements, and approved final inspection for all permits issued for the project).

E. Any permittee seeking to extend a permit pursuant to the above may present evidence to City staff that clearly demonstrates that the uncompleted work is less than ten percent of the project. At its sole discretion, should the City determine that less than ten percent of the project is left to be completed, the renewal fee or the new permit fee may be reduced to an amount equivalent to the corresponding lower percentage.
936
F. Any application for a renewed permit or a permit extension shall be reviewed under the Building Codes and Ordinances in effect at the time of the original permit.

15.04.7015.04.070 Protection of private property during construction.

Section 3307 of the 20192022 California Building Code is hereby amended to read as follows:

SECTION 3307

PROTECTION OF ADJOINING AND NEARBY PROPERTY AND PERSONS 3307.1 Adjoining and nearby public and private property and persons making lawful use of such property shall be protected from damage during construction, remodeling and demolition work. Protection must be provided for footings, foundations, party walls, chimneys, skylights and roofs. Provisions shall be made to control water runoff and erosion during construction or demolition activities. At the outset of construction activities or at the otherwise earliest time it is feasible in the opinion of the Building Official, a protective screen shall be erected to the satisfaction of the Building Official between the construction site and immediately adjoining properties, unless the Building Official determines that erection of a screen is not feasible or would serve no practical purpose. 3307.2 The Building Official shall have the authority to stop the construction work at any time that in his or her opinion said construction work has caused, is causing, or is about to cause, damage to adjacent or nearby properties. Said work shall not recommence until the time that the necessary corrections have been made so that no further damage will occur to the affected property (unless the Building Official determines that the damage will be corrected as provided in Section 3307.3) and written approval is obtained from the Building Official that said work can recommence.
3307.3 If construction work causes damage to adjacent or nearby properties, the Building Division shall withhold inspections of said work and stop work until (i) the damage to the affected property is repaired (or repair work has commenced and is continued to be performed with due diligence until completed), or (ii) the affected property owner is compensated the cost of repair, or (iii) a documented agreement satisfactory to the Building Official is executed to assure repair of the damage at a more appropriate phase of the construction. If there is a bona fide dispute between the owner of the damaged property and the party alleged to have caused said damage as to the cause of the damage, the method or scope of repair or the cost of the repair, work may resume and inspections 937
provided only if the party performing the construction work posts a bond with the City in an amount that the Building Official reasonably determines is sufficient to pay the cost of repair. Where there exists a bona fide dispute, the issues in contention are a civil matter beyond the authority of the City to resolve. 3307.4 The bond called for in Section 3307.3 shall be approved as to form by the City Attorney and held by the City until the dispute is resolved between the parties or by a court of competent jurisdiction. In the event that the aggrieved party does not submit proof to the City that an action has in fact been filed within one (1) year after the issuance of the Certificate of Occupancy, then the City shall, unless good cause is shown, release the bond. The City shall provide thirty (30) days’ written notice to the aggrieved party of its intent to release the bond. 3307.5 Prior to the commencement of any demolition of exterior walls or roofs, excavation that requires shoring, sandblasting or other exterior construction activities that require a building permit, the owner or contractor shall provide written notice to the property owners and occupants located within one hundred (100) feet of the construction site that construction will occur, along with a copy of this Section 3307. Said notice shall be provided to the affected property owners and occupants at least five (5) days prior to any construction taking place. The notice shall contain the following information:

1. Address where construction will occur;

2. Date(s) and approximate times construction will occur;

3. Name, address, telephone number and state license number of contractor;

4. Name, address and telephone number of the owner of the property on which construction is to occur.

If the owner or the contractor fails to provide the required notice, the Building Official shall have the authority to stop the work until the notice is provided, in addition to any other remedies provided by this Code.
3307.6 Prior to approval of temporary shoring a geotechnical report shall be provided certifying that the temporary shoring has been installed according to the shoring plan and specifying the time period for the integrity of the temporary shoring.

15.04.8015.04.080 Roof covering requirements.

Sections 1504 and 1505 of the 20192022 California Building Code are hereby amended by adding Section 1504.91504.10 and amending Section 15051505.1.2 as follows, respectively:

SECTION 15041504.10
938
1504.91504.10 Roof deck surfaces. Only such sections of a roof which have been approved by the Building Official to be used as deck space may be covered with materials designed to be "walking" or "decking" materials. All other portions of the roof shall be covered with traditional roofing materials such as rolled, gravel, built-up, or composition roofing.

SECTION 15051505.1.2
1505.1.31505.1.2 Class A roofs required. The roof covering on any structure regulated by this Code shall be a fire-retardant roof covering that is at least Class A. Any new addition or reroofing of structures may match existing roof coverings if not exceeding 50% of the roof area of the entire structure, provided that no more than 50% of existing roof covering is replaced in any 60-month period.

The roof-covering assembly includes the roof deck, underlayment, interlayment, insulation and covering which is assigned a roof-covering classification.

15.04.100 Automatic sprinkler systems.

Section 903903.2 of the 20192022 California Building Code is hereby amended to add Section 903.2.13 and to amend Sectionsection 903.2, and add section 903.2.13 to read as follows:

SECTION 903903.2
903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.13903.2.21.

SECTION 903.2.13
903.2.13 Expansion of existing buildings. An automatic sprinkler system is required in any existing building subject to alteration or expansion if (1) the expansion exceeds 50 percent of the existing gross floor area; or (2) the cost of remodeling, expansion or improvement exceeds 50 percent of the value of the existing structure as determined by the Building Official. a. a. The size or valuation of an existing building shall be deemed to exceed fifty (50) percent if:

1. 1. The expansion exceeds fifty (50) percent of the existing gross floor area; or

2. 2. The cost of remodeling, expansion, or improvement exceeds fifty (50) percent of the value of the existing structure as determined by the building official.
939

15.04.130 Assumption of risk for below-grade construction.

Appendix G of the 20192022 California Building Code is hereby amended by adding thereto a new Section G104.6G104.11 to read as follows:

G104.6G104.11 Waiver required for below grade construction. The building official shall require execution of a waiver before issuing a permit for construction of buildings or structures of any occupancy any portion of which is below street grade and/or does not meet the elevation requirements of Appendix G.

15.04.140 Pedestrian protection during construction.

Section 3306 of the 20192022 California Building Code is hereby amended by adding thereto a new Section 3306.10 to read as follows:
3306.10 Fencing and Pedestrian Protection. Fencing and pedestrian protection shall be required at all building and demolition sites as follows:

5. Any work encroaching into the public right-of-way or involving pedestrian diversion shall require Public Works Department approval of permits and pedestrian protection.
940

Chapter 15.06
Residential Building Code

15.06.010 Adoption of California Residential Building Code.

15.06.020 Board of appeals.

15.06.030 Violations.

15.06.040 Fees.

15.06.045 Work exempt from permit.

15.06.050 Expiration of permits.

15.06.010 Adoption of California Residential Building Code.

Except as hereinafter provided in this chapter, the California Residential Code, 20192022 Edition (Part 2.5 of Title 24 of the California Code of Regulations), including Appendices Q, R, S, and T, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full. Said code shall comprise the residential code of the cityCity of Hermosa Beach. A copy of the residential code shall be maintained in the office of the city clerkCity Clerk, and shall be made available for public inspection while the code is in force.

Whenever the word "jurisdiction" appears in said code, it shall mean and refer to the cityCity of Hermosa Beach.

Whenever the term "building official" appears in said code, it shall mean and refer to the building/code enforcement official, or the director of community development of the cityBuilding/Code Enforcement Official, or the Director of Community Development of the City of Hermosa Beach, or his or her designee.

15.06.2015.06.020 Board of appeals.

Section R112 of Chapter 1 of the 20192022 California Residential Code is hereby amended to read as follows:

SECTION R112

BOARD OF APPEALS
A. General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code, there shall be and is hereby created a Board of Appeals consisting of five (5) members who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the jurisdiction. The Building Official shall be an ex officio member of and shall act as secretary to said Board but shall have no vote upon any matter before the Board. 941
The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official.

C. Quorum for meetings. Three (3) members of said Board shall constitute a quorum. The Board shall elect one of its members to act as chairman.

15.06.030 Violations.

Section R113 of Chapter 1 of said code is hereby amended to read as follows:

SECTION R113

R113.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this Code, or in violation of a permit or certificate issued under the provisions of this Code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
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R113.3 Prosecution of violation. If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this Code or of the order or direction made pursuant thereto.

R113.4 Violation penalties. Any person who violates a provision of this Code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this Code, shall be subject to penalties as prescribed by law.

15.06.040 Fees.

Section R108 of said residential building code is hereby amended to read as follows:

R108A General. Fees shall be assessed in accordance with the provisions of this Section.

The plan review fees specified in this Subsection are separate fees from the permit fees specified in R108B and are in addition to the permit fees. 943
Where plans are incomplete or changed or involve deferred submittals so as to require additional plan review, an additional plan review fee shall be charged at the rate indicated in the executive order.

R108D Expiration of plan review. Applications for which no permit is issued within one hundred eighty (180) days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

R108E Fee refunds.

1. The Building Official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.

2. The Building Official may authorize the refunding of not more than eighty (80) percent of the permit fee paid when no work has been done under a permit issued in accordance with this Code.

15.06.045 Work exempt from permit.

Section R105.2, of the 20192022 California Residential Code is hereby amended by adding the following subparagraph to “Building (1)”:

1.1 Notwithstanding paragraph (1), a permit is required to construct the following:

A. A. A free-standing shed. Storage area is limited to a six (6) foot ceiling height, one (1) two-gang 110v outlet and one (1) bare light bulb fixture for every 500 square feet, and no plumbing or heating/cooling devices are permitted.

B. B. A storage room. "Storage room" means an attached room, with or without a separate entrance, for the storage of goods customarily 944
associated with the use. Such room shall not contain any plumbing or natural gas outlets, but may contain one (1) overhead or wall mounted light and one (1) two-gang 110v outlet for every 500 square feet. Such room shall not be used as an office, den, rumpus rooms, or for any habitation of any kind.

C. C. A utility room. "Utility room" means an attached or detached structure or space designed and used solely for one or more systems and appliances to support the functioning of the dwelling unit, such as heating, ventilation, air conditioning, water filtration, laundry, or utility or laundry sink. Plumbing fixtures shall be limited to those to support the functioning of the dwelling unit, such as gas connections to heating appliances or dryers, water heater or washing machine supply.

15.06.050 Expiration of permits.

Section R105.5 of the 20192022 California Residential Code is hereby amended to read as follows:

R105.5 Expiration.

C. Where a project is not commenced or completed on the two year anniversary of the permit issuance date a new permit is required. The applicant shall pay a fee for the new permit based on the valuation of the uncompleted work required for a plan check and a new permit and plans will be reviewed under the Codes and Ordinances in effect at the time the new applications are submitted.

E. If the owner or applicant fails to complete the project within the time required, the Building Official is authorized to obtain the demolition and removal of incomplete work on the property.

Chapter 15.08 Housing Code

15.08.010 Adoption of uniform housing code.

15.08.020 Housing advisory and appeals board.

15.08.030 Violations.

15.08.040 Removal of housing advisory appeals board members prior to expiration of term.

15.08.10 Adoption of uniform housing code.

Except as provided in this Chapter 15.08 and elsewhere in this Title 15, that certain Code designated as the "Uniform Housing Code, 1997 Edition," published by the International Conference of Building Officials, one copy of which is on file in the office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this Chapter as though set forth in this Chapter in full, subject, however, to the amendments, additions and deletions set forth in this Chapter, and said Code shall be known as the Housing Code of this City.

Whenever the term "jurisdiction" appears in said Code it shall mean and refer to the City of Hermosa Beach. Whenever the term "Building Official" appears in said Code, it shall mean and refer to the Director of Community Development of the City of Hermosa Beach or his or her designee.

15.08.20 Housing advisory and appeals board.

SECTION 203.1
In order to provide for the final interpretation and application of the provisions of this Code, including requirements governing alterations, additions and repair of structures intended 946
for human habitation and buildings and structures accessory thereto, and in order to hear appeals from the local application of any rule or regulation adopted by the State Housing and Community Development Commission there is hereby established a Housing Advisory and Appeals Board. Said Board shall be the same Board of Appeals as specified in Section 108.8 of the Building Code as amended by Section 15.04.020 of this Code.

Appeals to the Board shall be processed in accordance with the provisions contained in Section 1201 of said Code.

Copies of said section shall be made freely accessible to the public by the Building Official.

If the Board determines after a hearing that because of local conditions or factors, it is not reasonable for a rule or regulation of the State Housing and Community Development Commission to be applied in the City of Hermosa Beach, the rule or regulation shall have no application within this City and a copy of the determination of said Board, together with a report of the local conditions upon which the determination is based, shall be filed with the State Department of Housing and Community Development.

15.08.30 Violations.

Notwithstanding the provisions of Section 15.08.010, Section 204 of the Housing Code is hereby amended to read as follows:

SECTION 204
Any person violating any of the provisions of this Chapter or said Housing Code shall be deemed guilty of a misdemeanor and shall be punishable as set forth in Section 1.04.010 through Chapter 1.10 of the Hermosa Beach Municipal Code.

15.08.040 Removal of housing advisory appeals board members prior to expiration of term.

Notwithstanding the provisions of Section 15.08.010, Section 205 of the Housing Code is hereby amended to read as follows:

SECTION 205
Any member of the Board may be removed prior to the expiration of his or her term by the affirmative vote of four (4) of the five (5) Councilmembers, provided however that no member of the Board may be so removed during the first ninety (90) days following any municipal election at which a member of the City Council is elected.

Chapter 15.12 Mechanical Code

15.12.010 Adoption of mechanical code.

15.12.020 Board of appeals.

15.12.030 Mechanical permit fees.

15.12.040 Violations.

15.12.010 Adoption of Mechanical Code.
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Except as hereinafter provided in this chapter, the California Mechanical Code, 2019 2022 Edition (Part 4 of Title 24 of the California Code of Regulations), is hereby adopted by reference and made a part of this chapter as though set forth herein in full. Said code shall comprise the mechanical code of the cityCity of Hermosa Beach. A copy of the mechanical code shall be maintained in the office of the city clerkCity Clerk and shall be made available for public inspection while the code is in force.

Whenever the word "jurisdiction" appears in said code, it shall mean and refer to the cityCity of Hermosa Beach.

Whenever the term "building official" appears in said code, it shall mean and refer to the building/code enforcement official or the director of community development of the cityBuilding/Code Enforcement Official or the Director of Community Development of the City of Hermosa Beach, or his or her designee.

15.12.020 Board of appeals.

Section 107.0 of Chapter 1 of the 20192022 California Mechanical Code is hereby amended to read as follows:

1.8.8 of the Building Code as amended by Section 15.04.020 of this Code.

Quorum for meetings. Three (3) members of said Board shall constitute a quorum. The Board shall elect one of its members to act as chairman. 948
Not less than three (3) days prior to a meeting of said Board, written notice shall be given to each member personally, or by registered mail, provided, however, that any meeting of said Board shall be legal for any purpose if the written consent of all members of said Board to such meeting is executed and filed in the records of such Board.

15.12.030 Mechanical permit fees.

Section 104.5 of the 20192022 California Mechanical Code is hereby amended to read as follows:

SECTION 104.5
A. Permit fees. The fee for each permit shall be as set forth in the latest resolution adopted by the City Council.

15.12.040 Violations.

15.16.010 Adoption of plumbing code.

15.16.020 Plumbing permit fees.

15.16.030 Board of appeals.

15.16.050 Installation of garbage grindersReserved.

15.16.060 Drainage piping.

15.16.070 Retrofitting existing commercial kitchens with grease recovery systems.

15.16.080 Maintenance and annual inspection of grease recovery systems in commercial kitchens.

15.16.090 Violations.

15.16.010 Adoption of plumbing code.

Except as hereinafter provided in this chapter, the California Plumbing Code, 20192022 Edition (Part 5 of Title 24 of the California Code of Regulations), including Appendices A, D, H, and I, is hereby adopted by reference and made a part of this chapter as though set forth herein in full. Said code shall comprise the plumbing code of the cityCity of Hermosa Beach. A copy of the plumbing code shall be maintained in the office of the city clerkCity Clerk, and shall be made available for public inspection while the code is in force.

Whenever the word "jurisdiction" appears in said code, it shall mean and refer to the cityCity of Hermosa Beach.

Whenever the term "administrative authority" or "building official" appears in said code, it shall mean and refer to the building/code enforcement official or the director of community development of the cityBuilding/Code Enforcement Official or the Director of Community Development of the City of Hermosa Beach or his or her designee.

15.16.020 Plumbing permit fees.

Section 104.5 of Chapter 1 of the 20192022 California Plumbing Code is hereby amended to read as follows:

SECTION 104.5
A. Permit fees. The fee for each permit shall be as set forth in the latest resolution adopted by the City Council.

B. Plan review fees. When a plan or other data are required to be submitted pursuant to this Code, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be equal to eighty (80) percent of the mechanical permit fee.
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15.16.030 Board of appeals.

Section 107 is hereby added to the 2019107.0 of Chapter 1 of the 2022 California Plumbing Code is hereby amended to read as follows:

SECTION 107107.0

BOARD OF APPEALS
A. General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretations of this Code, there shall be and is hereby created a Board of Appeals consisting of members who are qualified by experience and training to pass upon matters pertaining to plumbing design, construction and maintenance and public health aspects of plumbing systems and who are not employees of the jurisdiction. Said Board shall be the same Board of Appeals specified in Section 1.8.8 of the Building Code as amended by Section 15.04.020 of this Code.

The Building Official shall be an ex officio member and shall act as secretary to said Board but shall have no vote upon any matter before the Board. The Board of Appeals shall be appointed by the governing body and shall hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant, with a duplicate copy to the Building Official.

The Board of Appeals shall have no authority to waive requirements of this Code.

C. Quorum for meetings. Three (3) members of said Board shall constitute a quorum. The Board shall elect one of its members to act as chairman.

15.16.050 installation of garbage grinders.

Section 419 of the 2019 California Plumbing Code is hereby amended to read as follows:

SECTION 419
419 Installation of garbage grinders. In new buildings and all buildings remodeled or altered which are designed, equipped and used for residential purposes or for the storing or sheltering of food or foodstuffs for human consumption, including fruits, vegetables and meats, which are to be sold at retail at stores, clubs, hotels, restaurants, schools or other food establishments or at wholesale, or which are prepared at food manufacturing or processing plants, including slaughterhouses, and all buildings where foods for human consumption are prepared, sold, handled, stored or served in any manner whatsoever, shall be equipped with an approved type of garbage grinder, properly connected to the kitchen sink or sewer drain, which grinder and connections shall be of sufficient size to grind all garbage and food processing wastes produced in such building, and shall be suitably located so as to discharge such ground material by flushing it with water through the drain pipes into the sewer; provided, however, that if in operating any business as hereinabove described, packaged or canned goods are not opened on the premises, a garbage grinder for such canned or packaged food shall not be required; provided further that in all new buildings designed, constructed or used for single or multiple family use and buildings remodeled or altered for single or multiple use, an approved garage grinder shall be properly connected to the kitchen sink or sewer drain of each residential unit of such building. Each kitchen sink drain opening shall be so located and of sufficient size to accommodate a garbage grinder for the disposal of kitchen wastes.

If no changes in kitchen plumbing drainage are made in single or multiple family dwellings in the process of remodeling or alterations, a garbage disposal will not be required.

15.16.060. Drainage piping.

Section 701.2(2)(a) of the 20192022 California Plumbing Code is hereby amended to read as follows:
701.2(2)(a)
ABS and PVC installations are limited to no more than threetwo stories of areas of residential accommodation, provided that the installations meet the following requirements:

1. 1. The installation shall be enclosed in one-hour fire rated assemblies. Such assembly shall either be comprised of heavy lumber (4x minimum), or fire resistant drywall.

2. 2. Where the installation passes through either a story or a fire rated assembly, a penetration firestop system shall be installed at such penetration, in accordance with section 302.4.1.2 of the 20192022 California Residential Code.
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15.16.070 Retrofitting existing commercial kitchens with grease recovery systems.

Section 1014.1.1.1 is hereby added to Chapter 10 of the 20192022 California Plumbing Code to read as follows:
1014.1.1.1 For the purposes of Section 1014.1.3, the following terms shall have the following meanings:

Affected establishment means all commercial and institutional food preparation and food service facilities which discharge wastewater or materials containing fat, oil or grease, whether emulsified or not, or containing substances which may solidify or become viscous at temperatures between 0 and 65 degrees Celsius (32-150 degrees F) at an access in nearest proximity to the point of discharge into the wastewater treatment system, generally including but not limited to restaurants, bakeries, assisted living facilities, convalescent homes, butcher shops, cafes, delicatessens, ice cream parlors, hotels, and grocery stores.

Said upgrades and improvements may include but are not limited to; in-ground interception tanks, improved roof top grease venting systems and absorbent padding and interior fry grease recovery systems.

Grease shall mean grease, or fatty or oily substances and other insoluble waste that turns or may turn viscous or solidifies with a change in temperature or other conditions.

Grease removal system means any system that meets the requirements of this Code and functions to remove grease from drain water prior to its entry into the public sewer system.

Notwithstanding the provisions of Section 15.16.010, Section 1014.1.1.2 is hereby added to Chapter 10 of said Plumbing Code to read as follows:
1014.1.1.2104.1.1.2 The retrofit installation of an approved grease recovery system shall be required for all affected establishments. The affected establishment shall have the option to install any of the required grease recovery systems separately or in combination as prescribed in Chapter 10. Plans or specifications prepared by a licensed professional engineer or a licensed plumbing contractor, where required, and the manufacturer’s installation and maintenance instructions shall be submitted to the Community Development Department (CDD) 953
for approval prior to installation. Any approvals and permits required for work in the public right-of-way shall be obtained from the Public Works Department.

15.16.080 Maintenance and annual inspection of grease recovery systems in commercial kitchens.

Section 1014.1.4 is hereby added to Chapter 10 of the 20192022 California Plumbing Code to read as follows:
1014.1.4
Maintenance and monitoring. It is the responsibility of the owner or operator of every establishment required to have a grease removal system to maintain the system in a sanitary, safe, and efficient operating condition so as to prevent grease from flowing into the sewer system. A grease removal system shall not be considered properly maintained if for any reason it is not in good working condition or if sediment and/or grease accumulations total more than 25 percent of the operative fluid capacity. It is the owner or operator’s responsibility to provide for removal of the accumulated grease and other waste contained in the system.

Grease removed from such a system shall not be disposed of in the sanitary or the storm sewer.

15.16.090 Violations.

Any person violating any of the provisions of this chapter or the current adopted plumbing code shall be deemed guilty of a misdemeanor and shall be punishable as set forth in Section 1.04.020.

Chapter 15.20 Fire Prevention Code

15.28.010 Adoption of Existing Building Code.

15.20.020 Automatic sprinkler systems.

15.20.030 Fire protection improvement fee.

15.020.010 Adoption of fire code.
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Except as provided in this chapter and elsewhere in this title, the California Fire Code, 2019 Edition (Part 9 of Title 24 of the California Code of Regulations), is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full. Said code shall comprise the fire code of the city of Hermosa Beach. A copy of the fire code shall be maintained in the office of the city clerk, and shall be made available for public inspection while the code is in force.

Permits as required by provisions within this code may be issued for an identified period of time, subject, however, to the right of the fire chief or his or her designee to revoke said permit for misuse or violation of the terms of the permit.

15.20.020 Automatic sprinkler systems.

Section 903 of the 2019 California Fire Code is hereby amended to add Section 903.2.13 and to amend Section 903.2 to read as follows:

SECTION 903
903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.13.
903.2.13 Expansion of existing buildings. An automatic sprinkler system is required in any existing building subject to alteration or expansion if (1) the expansion exceeds 50 percent of the existing gross floor area; or (2) the cost of remodeling, expansion or improvement exceeds 50 percent of the value of the existing structure as determined by the Building Official.
a. The size or valuation of an existing building shall be deemed to exceed fifty (50) percent if:

1. The expansion exceeds fifty (50) percent of the existing gross floor area; or

2. The cost of remodeling, expansion, or improvement exceeds fifty (50) percent of the value of the existing structure as determined by the building official.

15.20.030 Fire protection improvement fee.

Section 113 of the Fire Code is hereby amended to add the following section:

Section 113HB: The purpose of the fire protection improvement fee is to mitigate the fire protection impacts caused by new development in the city by financing fire protection improvements in direct relation to the development’s fair share of the construction costs of these improvements.

A. Fire Protection Improvement Fee. The fire protection improvement fee established by Ordinance No. 88-932 shall continue in effect at the rates set forth in subsection (C) of this section. The fee shall be paid prior to issuance of a building permit for any new structure or expansion of an existing structure as described in subsection (C) of this section in the city. 955
B. Fee Account. The revenues raised by payment of the fire protection improvement fee shall be placed in a separate and special fund and such revenues, along with any interest earnings on that fund, shall be used solely to pay for the improvements and apparatus described in subsection (D) of this section.

C. Amount of Fee.

1. Residential: nine cents ($0.09) per square foot of net floor area.

2. Nonresidential: eleven and one-half cents ($0.115) per square foot of net floor area.

The calculation of floor area shall include the floor area of all structures including the main structure and any accessory structures, including, but not limited to garages, structural decks, and balconies, and shall be measured from the outside of the walls or perimeter of said structures. For new projects, the net floor area shall be calculated as the total floor area of the new structure minus any floor area of any existing legally permitted structures demolished as part of the new project.

For existing structures that add floor area, the fee shall be applied to the net increase in floor area.

D. Use of Fee. The fee shall be solely used to pay for:

1. Fire hydrants; riser connections from main to hydrant; necessary valves and attachments; repairs to public improvements
necessitated by installation of hydrants, riser connections, valves and attachments; fire stations, training facilities, administrative offices, communications centers, and maintenance centers; and firefighting equipment, vehicles, apparatus, and appliances;

2. Reimbursement to the city for the development’s fair share of those capital improvements already constructed by the city; and

3. Reimbursement to developers who have constructed public facilities where those facilities were beyond that needed to mitigate the impact of the developers’ project.

Chapter 15.24 Abatement of Dangerous Buildings

15.24.010 Adoption of uniform code for the abatement of dangerous buildings.

15.24.020 Purpose and scope.

15.24.030 Section 202 amended – Abatement of dangerous buildings

15.24.040 Board of appeals.

15.24.050 Dangerous buildings.

15.24.010 Adoption of uniform code for the abatement of dangerous buildings.

That certain Code designated as the "Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition," published by the International Conference of Building Officials, one copy of which is on file in the office of the City Clerk for public record and inspection, 956
is hereby adopted by reference and made a part of this Chapter as though set forth in this Chapter in full, subject, however, to the amendments, additions and deletions set forth in this Chapter, and said Code shall be known as the Abatement of Dangerous Buildings Code of this City.

15.24.020 Purpose and scope.
102.2.1 The scope of this Code shall include the content of the City of Hermosa Beach Ordinance Number 94-1114 as though set forth in this Section in full.

15.24.030 Section 202 amended-Abatement of dangerous buildings.

Notwithstanding the provisions of Section 15.24.010, Section 202 of said Abatement of Dangerous Buildings Code is amended to read as follows:

Section 202 - Abatement of dangerous buildings
All buildings or portions thereof which are determined by after inspection by the Building Official to be dangerous as defined in this Code shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Section 401 of this Code or in Section 8.28 of the Hermosa Beach Municipal Code.

15.24.040 Board of appeals.

Notwithstanding the provisions of Section 15.24.010, Section 205 of said Abatement of Dangerous Buildings Code is hereby amended to read as follows:

SECTION 205.
205.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code, there shall be and is hereby created a Board of Appeals consisting of members who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the jurisdiction. Said board shall be the same Board of Appeals specified in Section 1.8.8 of the Building Code as amended by Section 15.04.020 of this Code.

The Building Official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. The board of appeals shall be appointed by the City Council and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant, with a duplicate copy to the Building Official.

Appeals to the board shall be processed in accordance with the provisions contained in Section 1201 of this Code. Copies of all rules or regulations adopted by the board shall be delivered to the Building Official, who shall make them freely accessible to the public. 205.2 Limitations of authority. The jurisdiction of the board of appeals shall be limited to claims that this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply or an equally good or better method of construction is proposed. The Board of Appeals shall have no authority to waive requirements of this Code.

15.24.050 Dangerous buildings.
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Notwithstanding the provisions of Section 15.24.010, Sections 302 (19) and 401.1.1 of the Abatement of Dangerous Buildings Code are hereby amended to read as follows:
302 (19) Whenever any building has at least one (1) unreinforced masonry bearing wall and is in existence without being retrofit after the date shown on Table A1-G of this Code. 401.1.1 When the Building Official has determined that any building described in Section 302 (19) of this Code has not been abated as of the date shown in Table A1-G the Building Official shall commence proceedings to cause repair, vacation or demolition of the building.

Chapter 15.28 Existing Buildings

15.28.010 Adoption of existing building code.

Except as hereinafter provided, the California Existing Building Code, 2019 2022 Edition (Part 10 of Title 24 of the California Code of Regulations), is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full. Said code shall comprise the existing building code of the city of Hermosa Beach. A copy of said code shall be maintained in the office of the city clerk, and shall be made available for public inspection while the code is in force
Whenever the termword "jurisdiction" appears in said Codecode, it shall mean and refer to the City of Hermosa Beach.

Whenever the term “Building Official"building official" appears in said Codecode, it shall mean and refer to the Director of Community Development of the City of Hermosa Beach or his or her designee.

Chapter 15.32 Electrical Code

15.32.010 Adoption of electrical code.

15.32.020 Fees.

15.32.030 Underground service conductions - Installation.

15.32.040 Temporary installations.

15.32.010 Adoption of electrical code.

Except as provided in this chapter and elsewhere in this title, the California Electrical Code, 20192022 Edition (Part 3 of Title 24 of the California Code of Regulations (including no appendicesAppendices) is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full. Said code shall comprise the electrical code of the cityCity of Hermosa Beach. A copy of the electrical code shall be maintained in the office of the city clerkCity Clerk, and shall be made available for public inspection while the code is in force.

Whenever the word "jurisdiction" appears in said code, it shall mean and refer to the cityCity of Hermosa Beach.
958
Whenever the term "building official" appears in said code, it shall mean and refer to the building/code enforcement official or to the director of community development of the cityBuilding/Code Enforcement Official or to the Director of Community Development of the City of Hermosa Beach, or his or her designee.”

15.32.020 Fees.

Section 89.108.489.108.4.2 of the 20192022 California Electrical Code is hereby amended to add the following subsectionread as follows:

For purposes of determining fees only, the following definitions shall apply:

A. New general use branch circuits.

2. For the purposes of this Subsection, each ungrounded conductor of a multiwiremulti-wire branch circuit supplying one appliance may be counted as one circuit.

3. For the purposes of this Subsection, three-phase lighting branch circuits are counted as two (2) branch circuits.

B. Adding outlets (to existing branch circuits) or temporary lights and yard lighting.

3. An outlet box for two (2) or more switches or receptacles shall be considered as one unit.

C. Motors, transformers, heating appliances and miscellaneous equipment or appliances.
959

1. The fees prescribed cover the inspection of the supply branch circuit and the utilization equipment supplied therefrom and the control equipment therefor.

2. Except where supplied by branch circuits rated over fifty (50) amperes, the fees required apply only to non dwellingnon-dwelling occupancies. The fee for each motor, transformer, heating appliance, welder, rectifier, x-ray machine, storage battery system, infrared industrial heating appliance, cooking or baking equipment, studio effects lighting, and other miscellaneous equipment or appliances shall be given in the rating table of the resolution order.

D. Required fire warning, communications and emergency control systems.

For the purposes of this Subsection, devices shall include all signaling equipment, stations, power equipment such as damper actuators or door holding device, and communication jacks or outlets.

E. Service and switchboard sections.

1. Fees shall be required for the installation, reinstallation, replacement or alteration of each service and each switchboard section.

3. The fees for services shall be determined from the ampacity of the set of service entrance conductors or the total ampere rating of the service equipment. 960

4. No fee need be paid for switchboard section which incorporates service equipment for which service fees were paid.

15.32.030 Underground service conductors-installation.

Section 230.30 of the 20192022 California Electrical Code is hereby amended to add the following paragraphs:
(C) Underground service laterals required for new construction.

Existing overhead wires and/or new utility service shall be placed underground when one or more new dwelling units are created in an existing building and one or both of the following apply:

1. The expansion exceeds fifty (50) percent of the existing gross floor area; or

2. The cost of remodeling, expansion or improvement exceeds fifty (50) percent of the value of the existing structure as determined by the building official.

On streets where electrical and communications lines have been placed underground or where no overhead lines presently exist on or before July 1, 1977, said lines shall remain permanently underground and no additional electric or communications service facilities shall be added on said streets unless they are placed underground.
961

15.32.040 Temporary installations.

Section 590.3(A) of the 20192022 California Electrical Code is hereby amended to add the following subparagraph:
(1) Temporary power pole required on construction sites.

Chapter 15.36
Seismic Strengthening of Buildings Having Unreinforced Masonry Bearing Walls.

15.36.010 Purpose of provisions.

15.36.020 Scope - exceptions.

15.36.030 Definitions.

15.36.040 Rating classifications.

15.36.050 Compliance requirements.

15.36.060 Administration.

15.36.010 Purpose of provisions.

The purpose of this chapter is to promote public safety and welfare by reducing the risk of death or injury that may result from the effects of earthquakes on existing unreinforced masonry bearing wall buildings. The provisions of this chapter are intended as minimum standards for structural seismic resistance. The provisions are established primarily to reduce the risk of life, loss or injury. Compliance with these provisions will not necessarily prevent loss of life or injury, or prevent earthquake damage to rehabilitated buildings.

15.36.020 Scope-exeptions.

The provisions of this chapter shall apply to all existing buildings having at least one unreinforced masonry bearing wall. Unreinforced masonry bearing wall buildings constructed of hollow concrete blocks or hollow clay tiles that do not exceed two stories in height may be strengthened using these provisions. Bonding of hollow concrete block or hollow clay tile walls shall be verified to the satisfaction of the building official. It shall be shown by testing that the tile or block units are of bearing type and the capacity of the wall in bearing and shear based on net area in contact through bed joints is not less than those allowed for solid brick.

When a permit for reroofing of any building regulated by this ordinance is applied for, the requirements for parapet bracing and tension wall anchors between the roof and all exterior walls shall be complied with.

Exceptions: This chapter shall not apply to:
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A. Detached one- or two-family dwellings and detached apartment houses containing less than five dwelling units and used solely for residential purposes; or
B. Essential or hazardous facilities as defined in Table 16-K of the building code.

Such structures shall comply with the building code.

15.36.030 Definitions.

For the purposes of this chapter, the applicable definitions in the building code shall apply.

In addition, the following definitions shall apply:

High risk building means any building, other than an essential or hazardous facility, having an occupant load of three hundred (300) occupants or more as determined by Section 1002 of the building code.

Exceptions: A high risk building shall not include the following:

Any building having exterior walls braced with masonry crosswalls or woodframe crosswalls spaced less than forty (40) feet apart in each story. Crosswalls shall be fullstory height with a minimum length of one and one-half times the story height; Any building used for its intended purpose, as determined by the building official, for less than twenty (20) hours per week.

Low risk building means any building, other than an essential or hazardous facility, having an occupant load as determined by Section 1002 of the building code of less than twenty-five (25) occupants.

Medium risk building means any building, not classified as a high risk building or an essential or hazardous facility, having an occupant load as determined by Section 1002 of the building code of twenty-five (25) occupants or more, including buildings of greater than three hundred (300) occupants used less than twenty (20) hours per week.

15.36.040 Rating classifications.

The rating classifications identified in Table 7-V-1 are established and each building within the scope of this chapter shall be placed in one such rating classification by the building official. The total occupant load of the entire building as determined by Section 1002 of the building code shall be used to determine the rating classification.

Exception: For purposes of this chapter, portions of buildings constructed to act independently when resisting seismic forces may be placed in separate rating classifications.

15.36.050 Compliance requirements.

A. The owner of each building within the scope of this chapter shall, upon service of an order and within the time limits set forth in this chapter, cause a structural analysis to be made of the building by an engineer or architect licensed by the state to practice as such. If the building does not comply with earthquake standards specified in this chapter, the owner shall cause it to be structurally altered to conform to such standards or shall cause the building to be demolished.
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B. The owner of a building within the scope of this chapter shall comply with the requirements set forth above by submitting to the building official for review:

1. Within two hundred seventy (270) days after service of the order, a structural analysis, which is subject to approval by the building official and which shall demonstrate that the building meets the minimum requirements of this chapter;

2. Within two hundred seventy (270) days after service of the order, the structural analysis and plans for structural alterations of the building to comply with this chapter;

3. Within one hundred eighty (180) days after service of the order, plans for the installation of wall anchors in accordance with the requirements of this chapter; or
Within two hundred seventy (270) days after service of the order, plans for the demolition of the building.

C. After plans are submitted and approved by the building official, the owner shall obtain a building permit, then commence and complete the required construction or demolition within the time limits set forth in Table 7-V-2.

D. Owners electing to comply with subsection B(3) of this section are also required to comply with subsection B(2) or (4) of this section; provided, however, that the two hundred seventy (270) day period provided for in subsection B(2) or (4) shall commence from the date on which plans are submitted pursuant to subsection B(3) of this section and the time limit to complete structural alterations or building demolition shall be extended in accordance with Table 7-V-2.

15.36.060 Administration.

A. Order–Service.

1. The building official shall, in accordance with the priorities set forth in Table 7 V-1, issue an order as provided in this section to the owner of each building within the scope of this chapter.

2. Prior to the service of an order, a bulletin may be issued to the owner as shown upon the last equalized assessment roll or to the person in apparent charge or control of a building considered by the building official to be within the scope of this chapter. The bulletin may contain information the building official deems appropriate. The bulletin may be issued by mail or in person.

B. Order–Priority of Service. Priorities for the service of the order for buildings within the scope of this chapter shall be in accordance with the rating classification as shown on Table 7-V-1. Within each separate rating classification, the priority of the order shall normally be based upon the occupant load of the building. The owners of the buildings housing the largest occupant loads shall be served first.

The building official may, upon receipt of a written request from the owner, order such owner to bring his building into compliance with this chapter prior to the date for otherwise required under this chapter.

C. Order–Contents. The order shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the last 964
equalized assessment roll and upon the person, if any, in apparent charge to control of the building. The order shall specify that the building has been determined by the building official to be within the scope of this chapter and, therefore, is required to meet the minimum seismic standards of this chapter. The order shall specify the rating classification of the building and shall be accompanied by a copy of Section 15.36.050, which sets forth the owner’s alternatives and time limits for compliance.

D. Appeal from Order. The owner of the building may appeal the building official’s initial determination that the building is within the scope of this chapter to the board of appeals, established by Section 105 of the building code. Such appeal shall be filed with the board within sixty (60) days from the service date of the order described in subsection C of this section. Any such appeal shall be given a written decision by the board within ninety (90) days, with the grounds thereof stated clearly and concisely. Appeals or requests for modifications from any other determinations, orders or actions by the building official pursuant to this chapter shall be made in accordance with the procedures established in Sections 104 and 105 of the building code.

E. Recordation. At the time that the building official serves the aforementioned order, the building official shall also file with the office of the county recorder a certificate stating that the subject building is within the scope of this chapter and is a potentially earthquake hazardous building. The certificate shall also state that the owner thereof has been ordered to structurally analyze the building and to structurally alter or demolish it where compliance with this chapter has not been demonstrated.

If the building is either demolished, found not to be within the scope of this chapter, or is structurally capable of resisting minimum seismic forces required by this chapter as a result of structural alterations or an analysis, the building official shall file with the office of the county recorder a form terminating the status of the subject building as being classified within the scope of this chapter.

F. Enforcement. If the owner or person in charge or control of the subject building fails to comply with any order issued by the building official pursuant to this chapter within any of the time limits set forth in Section 15.36.050, the building official shall verify that the record owner of this building has been properly served. If the order has been served on the record owner, then the building official shall order that the entire building be vacated and that the building remain vacated until such order has been complied with. If compliance with such order has not been accomplished within ninety (90) days after the date the building has been ordered vacated or such additional time as may have been granted by the board of appeals, the building official may order its demolition in accordance with the provisions of Section 102 of the building code.

Table 7-V-1 Rating Classification
Type of Building Classification Occupant Load
Essential or Hazardous
Facility I n/a
High Risk Building II >300
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Table 7-V-1 Rating Classification
Type of Building Classification Occupant Load
Medium Risk-A III-A 100 to 300
Medium Risk-B III-B 50 to 99
Medium Risk-C III-C 25 to 49
Low Risk Building IV <25
Table 7-V-2 Schedule of Seismic Strengthening of Unreinforced Masonry Buildings 1 Building Risk
Classification
1 Occupant
load
2 Install
parapet
bracing and
wall anchors
at roof
3 Complete
strengthening
after parapet
bracing
4,5 Complete
strengthening
without parapet
bracing being
done first
II >300 July 1, 1995 Jan. 1, 1998 Jan. 1, 1996
III-A 100 to 300 Jan 1, 1996 Jan 1, 1999 Jan 1, 1997
III-B 50 to 99 Jan 1, 1996 Jan 1, 2000 Jan 1, 1998
III-C 25 to 49 Jan 1, 1996 Jan 1, 2001 Jan 1, 1999
IV <25 Jan 1, 1996 Jan 1, 2002 Jan 1, 2000

1. Building risk classifications are based on the building occupant load as determined by the Uniform Building Code.

2. Parapet bracing includes bracing the parapets on all walls of the building and installing tension anchors from the walls to the roof on all walls. See special requirements of work required when a reroofing permit is applied for.

3. Complete strengthening includes the remainder of the strengthening work as required by this chapter. Parapets and wall anchor installation were completed in an earlier phase.

4. Complete strengthening includes all strengthening required by this chapter, including parapet bracing and wall anchors.

5. All buildings regulated by this chapter, undergoing a change of occupancy, may be strengthened in accordance with those provisions.

Chapter 15.40
Electric Vehicle Charging Systems; Streamlined Permitting.

15.40.010 Purpose.

15.40.020 Definitions.

15.40.030 Electrical Vehicle Charging Station Requirements.

15.40.040 Expedited Permitting Process.

15.40.050 Permit Application Process.

15.40.060 Permit Review; Timing.
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15.40.010 – Purpose.

The purpose of this section is to create an expedited and streamlined electric vehicle charging station permitting process that complies with Government Code sections 65850.7 and 65850.71 to achieve the timely and cost-effective installation of electric vehicle charging stations. Pursuant to Government Code section 65850.7 and notwithstanding any other provision of this code pertaining to conditional or accessory uses, only an electrical permit shall be required for an electric vehicle charging station.

15.40.020 – Definitions.

A. “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit.

B. “Building Official” means the chief building official of the City or his or her designee.

C. “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, and any subsequent amendments thereto, and delivers electricity from a source outside an electric vehicle into a plugin electric vehicle.

D. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

E. “Electronic submittal” means the utilization of one or more of the following:
a. Email
b. The Internet
c. Facsimile

15.40.030 – Electrical Vehicle Charging Station Requirements.

A. The electric vehicle charging station shall meet the applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission and the local electric utility company regarding safety and reliability.
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B. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.

C. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

D. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.

15.40.040 – Expedited Permitting Process.

Consistent with Government Code section 65850.7, the Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. The City’s adopted checklist shall be published on the City’s website.

15.40.050 – Permit Application Process.

A. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes, but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; and areas of charging station equipment and vehicle parking.

B. A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete and be promptly processed. A completed application does not authorize an applicant to energize or utilize the electric vehicle charging station until approval and all necessary permits are granted by the City.

C. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, 968
detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

D. The Building Official shall allow for electronic submittal of permit applications covered by this chapter and associated supporting documentations.

In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

15.40.060 – Permit Review
A. The Building Official shall review all electric vehicle charging station applications. Notwithstanding the expedited permit processing set forth in this chapter, the Building Official retains authority at all times to identify and address higher priority life-safety situations.

B. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the City may require the applicant to apply for a conditional use permit. The Building Official’s decision may be appealed by the applicant to the Planning Commission.

C. An application for a conditional use permit to install an electric vehicle charging station shall not be denied unless the Planning Commission makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives. If denied, the Planning Commission’s decision may be appealed by the applicant to the City Council pursuant to the procedures set for in Section 17.62.010.

D. In the technical review of a charging station application, the Building Official shall not condition the approval of any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.

E. Upon confirmation by the Building Official that the permit application and supporting documents meet the requirements of the City adopted checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, as may be amended, approve the application and issue all necessary permits.

F. An application to install an electric vehicle charging station submitted to the building official of the City shall be deemed complete if, after the applicable time period has elapsed, both of the following are true:
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a. The Building Official has not deemed the application complete, consistent with the checklist created by the City pursuant to Government Code section 65850.7(g).
b. The Building Official has not issued a written correction notice detailing all deficiencies in the application and identifying any additional information explicitly necessary for the Building Official to complete a review limited to whether the electric vehicle charging station meets all health and safety requirements of local, state, and federal law, consistent with subdivisions (b) and (g) of Government Code section 65850.7.

G. For purposes of paragraph (F), “applicable time period” means either of the following:
a. Five business days after submission of the application to the City if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site.
b. Ten business days after submission of the application to the City if the application is for more than 25 electric vehicle charging stations at a single site.

H. An application to install an electric vehicle charging station shall be deemed approved if the applicable time period described in paragraph (G) has elapsed and all of the following are true:
a. The Building Official has not administratively approved the application pursuant to Government Code section 65850.7(b). b. The Building Official has not made a finding, based on substantial evidence, that the electric vehicle charging station could have a specific adverse impact upon the public health or safety or required the applicant to apply for a use permit pursuant to Government Code section 65850.7(b).
c. The Building Official has not denied the use permit pursuant to Government Code section 65850.7(c).
d. An appeal has not been made to the Planning Commission pursuant to Government Code section 65850.7(d).

I. For purposes of paragraph (H), “applicable time period means” either of the following:
a. Twenty business days after the application was deemed complete, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site.
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b. Forty business days after the application was deemed complete, if the application is for more than 25 electric vehicle charging stations at a single site.

J. If an electric vehicle charging station and any associated equipment interfere with, reduce, eliminate, or in any way impact the required parking spaces for existing uses, the City shall reduce the number of required parking spaces for existing uses by the amount necessary to accommodate the electric vehicle charging station and any associated equipment.

Chapter 15.44
Report of Residential Building Records.

15.44.010 Intent.

15.44.020 Definitions.

15.44.030 Report required.

15.44.040 Application – contents of report-review of records.

15.44.050 Delivery of report to buyer or transferee.

15.44.060 Physical examination of property.

15.44.070 Exceptions.

15.44.080 Form – time limit for delivery of report.

15.44.090 Nonliability of city.

15.44.100 Violation – penalty.

15.44.010 Intent.

Pursuant to Article 6.5 (commencing with Section 38780 ), Chapter 10, Part 2, Division 3, Title 4, of the Government Code of the state of California, it is the intent of the City Council to assure that the grantee of a residential building within the city is furnished a report of matters of city record pertaining to the authorized use, occupancy and zoning classification of real property prior to sale or exchange. It is the further intent to assist in the protection of the buyer of residential properties against undisclosed restrictions on the use of the property.

15.44.020 Definitions.

For the purposes of this chapter, the following terms are defined as follows:

Owner means any person, copartnership, association, corporation or fiduciary having legal or equitable title or any interest in any real property.

Residential building shall mean any improved real property designed, used or permitted to be used for dwelling purposes, situated in the City of Hermosa Beach, and shall include the building or structure located on said improved real property.

Agreement of sale means any agreement or written instrument which provides that any ownership or interest in title to any real property is to be transferred from one owner to another owner.

15.44.030 Report required.
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At the time of entering into an agreement of sale or exchange of any residential building, the owner or his authorized representative shall obtain from the city a report of the residential building record showing the regularly authorized use, occupancy and zoning classification of such property. Said report shall be valid for a period not to exceed six months from date of issue.

15.44.040 Application-contents of report-review of records.

Upon application of the owner, or his authorized agent, and the payment to the city of a fee prescribed, plus the established fee for copies of the city code if requested by the applicant, the pertinent city records shall be reviewed, and an on-site inspection made of the property and the improvements thereon (including an interior inspection of the premises with the permission of the property owner) and a report of residential building records shall be delivered to the applicant which may contain the following information insofar as it is available:

A. The street address or other appropriate description of subject property; B. The use permitted as indicated and established by permits of record; C. A statement of the zoning classification applicable to the property in question; D. A statement of the variances and use permits of record, if any, granted to that property, together with the conditions and restrictions of such permits; E. A statement as to whether there exists, or appears to exist, any illegality or permitted nonconformity in the structures on the property or the uses made thereof; F. Should the present use of the property and the use authorized by Zoning Ordinances in effect at the time of inspection disclose an apparent violation of the Zoning Ordinance, and the use which constitutes the apparent violation was not constructed pursuant to a building permit as noted in the records of the Community Development Department, such finding shall be noted on the report of residential building records.

Errors or omissions in said report shall not bind or stop the city from enforcing any and all building and zoning codes against the seller, buyer and any subsequent owner. Said report does not guarantee the structural stability of any existing building nor does it relieve the owner, his agent, architect or builder from designing and building a structurally stable building meeting the requirements of adopted building, plumbing and electrical codes.

15.44.050 Delivery of report to buyers or transferee.

The report of residential building record shall be delivered by the owner, or the authorized designated representative of the owner, to the buyer or transferee of the residential building prior to the consummation of the sale or exchange. The buyer or transferee shall execute a receipt therefor as furnished by the city, and said receipt shall be delivered to the building division, as evidence of compliance with the provisions of this chapter.

15.44.060 Physical examination of property.

Upon the verified request of the seller, a physical examination of the subject property shall be made by the Building Division, and a report thereon delivered to said seller. The report of residential building records shall include the following language: "Unless otherwise indicated in this report the inspection of the premises has not included an inspection of 972
the interior of the premises. The permission of the owner of the property is required for the city inspector to make an inspection of the interior premises. You have the right to require, as a condition of the purchase of the property, that the owner request an inspection by a city inspector of the interior of the premises. This report cannot offer maximum protection without an inspection of the interior of the premises. For further information concerning the nature of this report you should read and review Chapter

15.44 of the City Code of the Hermosa Beach.

15.44.070 Exceptions.

A. The provisions of this chapter shall not apply to the first sale of a residential building located in a subdivision the final map for which has been approved and recorded in accordance with the Subdivision Map Act not more than two (2) years prior to the first sale.

B. Residential report of building records shall not be required when exchange of real property is between immediate members of a family.

C. Condominiums shall be required to have one residential report of building records per structure which is valid for one year. Interior inspections of condominiums may be requested and a prescribed fee will be charged for each unit inspected.

D. The provisions of this chapter shall not apply to the first sale of a residential property sold within ninety (90) days after final approval is given.

15.44.080 Form-time limit for delivery of report.

A. The Director of Community Development shall prepare standardized forms for the report of residential building records. Said report shall be delivered to the owner, or his authorized agent, by registered mail, within forty (40) calendar days of receipt of the application and fees.

B. Should the city fail to deliver, or to attempt to deliver, said report within the aforementioned forty (40) days, the sale, if consummated, shall not be deemed in violation of this chapter.

15.44.090 Nonliability of city.
‘The issuance of the residential building record report is not a representation by the City of Hermosa Beach that the subject property or its present use is or is not in compliance with the law. Neither the enactment of this chapter nor the preparation of and delivery of any report required hereunder shall impose a liability upon the city for any errors or omissions contained in said report, nor shall the city bear any liability not otherwise imposed by law.

15.44.100 Violation-penalty.

A. Anyone in violation of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable as provided by the provisions of Chapter 1.10 of the Municipal Code of the City of Hermosa Beach.

B. No sale or exchange of residential property shall be invalidated solely because of the failure of any person to comply with any provisions of this chapter unless such failure is an act of omission which would be a valid ground for rescission of such sale or exchange in the absence of this chapter.
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Chapter 15.48 Green Building Standards

15.48.010 Adoption of CALGreen code.

Except as provided in this chapter and elsewhere in this title, the California Green Building Standards Code (referred to herein as "CALGreen code"), 20192022 Edition (Part 11 of Title 24 of the California Code of Regulations), is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full. A copy of the CALGreen code shall be maintained in the office of the city clerkCity Clerk, and shall be made available for public inspection while the code is in force.

Whenever the word "jurisdiction" appears in said code, it shall mean and refer to the cityCity of Hermosa Beach.

Whenever the term "building official" appears in said code, it shall mean and refer to the building/code enforcement official or director of community development of the cityBuilding/Code Enforcement Official or Director of Community Development of the City of Hermosa Beach or his or her designee.

Chapter 15.52
Energy Code

15.52.010 Adoption of energy code.

Except as provided in this chapter and elsewhere in this title, the California Energy Code, 20192022 Edition (Part 6 of Title 24 of the California Code of Regulations), including all appendices, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full. Said code shall comprise the energy code of the cityCity of Hermosa Beach. A copy of the energy code shall be maintained in the office of the city clerkCity Clerk and shall be made available for public inspection while the code is in force.

Whenever the word "jurisdiction" appears in said code, it shall mean and refer to the cityCity of Hermosa Beach.

Whenever the term "building official" appears in said code, it shall mean and refer to the director of community development of the cityDirector of Community Development of the City of Hermosa Beach or his or her designee.” Chapter 15.56
Property Maintenance Code

15.56.010 Adoption of International Property Maintenance Code. 974
The International Property Maintenance Code, 2021 Edition, is hereby adopted by reference in its entirety by the City, as amended herein, except that for purposes of citation, said code shall be renumbered by adding “15.56” before the sections of the International Property Maintenance Code. 975
2022 California Code of
Regulations, Title 24
Local Adoption with amendments
Commonly referred to as the California Building Codes
Based on 2021 International Codes
Updated every three years
Effective state-wide on Jan 1, 2023 976
 Local Jurisdictions may
amend State Codes based
on specific unique local
conditions:
 Topographic
 Geologic
 Climatic
977

EXAMPLES OF UNIQUE LOCAL
CONDITIONS:

TOPOGRAPHIC:
 Steep hilly areas, Narrow streets, Poor access, Heavily vegetated GEOLOGIC:
 Earthquake prone; Proximity to San Andreas and Hayward faults CLIMATIC:
 Limited rainfall May through October; Periods of heavy rain in winter, leading to localized flooding & landslides
 Periods during summer & Fall with no rain, low humidity and high wind events (Diablo type winds) resulting in elevated fire danger 978
There were no adjustments made to amendments
that were previous adopted.
979
Some of the most significant changes to the code
Include:
* Occupied roofs are clarified in 503.1.4. Occupied roof exiting was clarified – the distance across the roof is exit access. (1006.3) Occupied roofs above the 3rd story require accessible elevators. (1009.2.1) * Mass timber (type IV-A, B, and C construction) are integrated throughout the code. 508.4.4.1 tackles incidental separations within mass timber buildings. 602.4.1 to 604.2.3 tackle fire rated construction and shafts in IV-A to C buildings. Mass timber combines non-combustible [at least 2/3rds of the rating] and combustible materials to meet the rating. (722.7) Mass timber requires special inspection. (1705.5.3) * Exit stairs require more illumination (10 foot-candles) at the walking surface. (1008.2.1) Stairways at podium building requirements have slightly relaxed fire requirements. (510.2)
* Water resistant barrier requirements split into Dry & Moist/Marine climates. (2510.6) Vapor retarder requirements broken into new tables and organization. (1404.3)
* Shipping containers are now in the code. (3115)
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2022 California Code of
Regulations, Title 24
Local Adoption with amendments
981
City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM)
Meeting Time: 11-29-22 17:00
eComments Report
Meetings Meeting
Time
Agenda
Items
Comments Support Oppose Neutral
City Council Hybrid Meeting (Closed
Session - 5:00 PM and Open Session -
6:00 PM)
11-29-22
17:00
57 1 0 1 0
Sentiments for All Meetings
The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown.

Overall Sentiment
982
City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) 11-29-22 17:00
Agenda Name Comments Support Oppose Neutral
b) REPORT 22-0758 AN ORDINANCE OF THE CITY OF HERMOSA

BEACH, CALIFORNIA,
ADOPTING BY REFERENCE THE 2022 EDITION OF THE

AND FINDING THE ACTION EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
(Interim Community Development Director Corrie Kates)
1 0 1 0
Sentiments for All Agenda Items
The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown.

Overall Sentiment
Agenda Item: eComments for b) REPORT 22-0758 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ADOPTING BY REFERENCE THE 2022 EDITION OF THE

AND FINDING THE ACTION EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
(Interim Community Development Director Corrie Kates)
983
Overall Sentiment
Tracy Hopkins
Location:

Submitted At: 10:57am 11-29-22
Why housing/building has become so expensive.

Making the rich poor and the poor more poor.

Not to mention the Green Building Standards Code is a farce.

Stand up.

Push back.

Be our common sense representatives.

Say NO to the electric stove policy.

Thank you
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0768
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 29, 2022
GPA 20-1, ZC 20-1, CON 20-5, PDP 20-10, TPM #83011- REQUEST FOR A GENERAL PLAN AMENDMENT (GPA 20-1) TO AMEND THE LAND USE DESIGNATION FROM COMMUNITY COMMERCIAL (CC) TO HIGH DENSITY RESIDENTIAL (HD), A ZONING CODE CHANGE (ZC 20- 1) TO CHANGE THE ZONING DESIGNATION FROM SPECIFIC PLAN AREA 7 (SPA-7) TO RESIDENTIAL PROFESSIONAL (R-P); CONDITIONAL USE PERMIT (CON 20-5), PRECISE DEVELOPMENT PLAN (PDP 20-10), AND TENTATIVE TRACT MAP (TTM #83011) FOR THE CONSTRUCTION OF A TWELVE (12)-UNIT ATTACHED CONDOMINIUM PROJECT AT 911 1st STREET (APN 4186-026-047) AND TO ADOPT THE INITIAL STUDY AND NEGATIVE

DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (Interim Community Development Director Corrie Kates)
Recommended Action:

Staff and the Planning Commission recommend City Council:

1. Adopt a resolution adopting an Initial Study/Negative Declaration (Attachment 1);

2. Adopt a resolution approving a General Plan Amendment (GPA 20-1) amending the land use designation from Community Commercial (CC) to High Density Residential (HD) and a Zoning Change (ZC 20-1) changing the zoning designation from Specific Plan Area 7 (SPA-7) to Residential- Professional (R-P) (Attachment 2);

3. Adopt a resolution approving a Zone Text Amendment to the Municipal Code to change the Zoning Designation from Specific Plan Area 7 (SPA-7) to Residential Professional (R-P) (Attachment 3); and

4. Adopt a resolution approving a Conditional Use Permit (CUP 20-05), Precise Development Plan (PDP 20-10), and Tentative Tract Map #83011 for a 12-unit condominium project at 911 1 st Street (Attachment 4).

Executive Summary:

This item concerns a request for approval of a series of entitlements that would permit the construction of a 12-unit condominium development located at 911 1st Street, and adoption of a Negative Declaration based on the finding that the project would not have a significant impact on the environment. At its November 15, 2022 meeting, the Planning Commission voted 3-2 to recommend approval to the City Council for a 12-unit condominium project at 911 1st Street.

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During deliberations, concerns were raised about the timing of this project in relation to the City’s Housing Element and that the project had no affordable housing component or public benefit component. Staff advised the Planning Commission that the City does not currently have an established process for these programs. Public comment received during the meeting indicated some opposition to the inclusion of any affordable housing into the project. Based on the proceedings of the Planning Commission meeting, staff prepared both approval and denial resolutions and related attachments for possible City Council action. The three options for City Council consideration are as follows:

1. Approve the project as recommended by the Planning Commission and adopt the resolutions regarding the Initial Study/Negative Declaration, the General Plan and Zoning Text Amendments along with the project Conditional Use Permit, Tentative Tract Map and the Precise Development Plan; or

2. Deny the project as proposed and adopt the resolution to deny the General Plan and Zoning Code Amendments for the project as proposed; or

3. Continue this item and provide staff direction regarding further discussions with the project applicant.

Background:

The subject site measures 20,137 square feet and is currently developed with two commercial parking lots containing approximately 141 parking spaces. The site, located approximately 400 feet east of Pacific Coast Highway, on the north side of 1st Street, has a General Plan Land Use Designation of Community Commercial (CC) and zoning designation of Specific Plan 7 (SPA-7). The property is bounded by Single-Family (R-1) zoned properties to the north, Residential- Professional (R-P) zoned properties to the east and south, and Specific Plan 7 (SPA 7) commercially zoned properties to the west.

The property was originally under the same ownership of 102 Pacific Coast Highway and was used as parking for the switching station. In 1991, the Planning Commission approved a Parking Plan (P.C.

Resolution 91-70) at 102 Pacific Coast Highway to allow the use of excess parking spaces (located at the subject site) for storage of new vehicle inventory for the Land Rover dealership and/or public parking. The Land Rover dealership relocated in 2016 and the subject site is now under separate ownership.

When the subject site at 911 1st Street was sold separately from 102 Pacific Coast Highway, the Parking Plan was still in place. Now that the lots are under separate ownership, the Parking Plan limits the future use of the building at 102 Pacific Coast Highway. Any intensification of use of this property would require a Parking Plan Amendment. The property owners at 102 Pacific Coast Highway have not submitted an application for any type of development activity or change of use on the site, and as 911 1st Street is no longer under the same ownership, this application is being City of Hermosa Beach Page 2 of 17 Printed on 11/24/2022 powered by Legistar™986
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the site, and as 911 1st Street is no longer under the same ownership, this application is being considered independent from 102 Pacific Coast Highway.

At its March 15, 2022 meeting, the Planning Commission opened the public hearing on this item and held a discussion on the following topics:

1. Consistency of the project as it relates to the above-described applications;

2. Clarification and additional information based on the ongoing Housing Element efforts and RHNA allocation numbers; and

3. Staff work with applicant on affordability options.

In a 5-0 vote, the item was continued to a date uncertain, to allow staff and the applicant to look into these items.

At its November 15, 2022 regular meeting, the Planning Commission revisited the application where a public hearing was held. The following topics were discussed:

1. The underutilization and property maintenance issues of the site;

2. The viability challenges for commercial development due to the far proximity to the commercial corridor on Pacific Coast Highway; and

3. A discussion regarding the process to create and implement a Land Value Recap Trust. At present, the City does not currently have a trust fund program, but information was provided to the Planning Commission on what the process would entail.

In a 3-2 decision, the Planning Commission recommended City Council adopt and approve the applicant’s request to building a 12 unit-condominium project at 911 1st Street.

Past Board, Commission and Council Actions
Meeting Date Description
March 15, 2022 Planning Commission held a public hearing voted to continue the item to a date uncertain to allow staff to work with the applicant on affordability options.

November 15, 2022 Planning Commission held a public hearing and recommended City Council adopt and approve the project.

Discussion:

The applicant has applied for a General Plan Amendment requesting to change the land use designation from Community Commercial (CC) to High-Density (HD) Residential and a Zone Change from Specific Plan 7 (SPA-7) Zone to Residential-Professional (RP) Zone, for the purposes of a City of Hermosa Beach Page 3 of 17 Printed on 11/24/2022 powered by Legistar™987
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multifamily residential development on the subject site.

The project proposes to construct a new 12-unit condominium project consisting of three, four-unit attached condominium buildings with attached garages. All proposed units are designed as a three bedroom and two-and-a-half-bathroom condominium with attached garages and storage on the first floor, three bedrooms and two full bathrooms on the second floor and a kitchen, living room and half bathroom on the third floor with access to a deck. The units in the two buildings located on the easterly portion of the property propose to have access to roof decks. Each unit would include a twocar, attached garage, plus seven uncovered guest parking spaces for a total parking provision of 24 spaces for the project.

Development Standards
If the General Plan Amendment and Zone Change are adopted, then the proposed project complies with the requirements of the Zoning Ordinance, including the R-P zone and design standards for condominiums in Hermosa Beach Municipal Code (HBMC) Chapter 17.22.

Criteria Required Provided
Lot Area Per Dwelling 1,320 square feet
minimum per
unit /maximum 15
units
1,678 square feet per unit per
unit/12 units proposed
Lot Coverage Maximum 70 percent 46 percent
HEIGHT: 30’-0” 30’-0”
YARDS:

Front 10’-0” 10’-0”
Side 5’-0” 5’-0”
Rear (1st/2nd/3rd floors) 5’-0”/3’-0” 8’-0”

PARKING AND
DRIVEWAYS:

Total Parking Spaces
Minimum
Garage Spaces Minimum 24 (2 per unit) 24 (2 per unit)
Guest Space Minimum 1 space / 2 units= 6
guest spaces total
7 guest spaces
Turning Radius 24 feet 26 feet
Driveway Slope 12.5 percent 12.5 percent
OPEN SPACE:

Private Open Space: 300 square feet (only
100 square feet of
the roof deck can
count)
Floor Plan A1: 405 square feet
Floor Plan A2: 400 square feet
Floor Plan A3: 400 square feet
Floor Plan B: 407 square feet Floor
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Garage Spaces Minimum 24 (2 per unit) 24 (2 per unit)
Guest Space Minimum 1 space / 2 units= 6
guest spaces total
7 guest spaces
Turning Radius 24 feet 26 feet
Driveway Slope 12.5 percent 12.5 percent
OPEN SPACE:

Private Open Space: 300 square feet (only
100 square feet of
the roof deck can
count)
Floor Plan A1: 405 square feet
Floor Plan A2: 400 square feet
Floor Plan A3: 400 square feet
Floor Plan B: 407 square feet Floor
Plan C: 432 square feet Floor Plan
D: 432 square feet Floor Plan E (3
Units): 400 square feet Floor Plan
F: 400 square feet Floor Plan G:
414 square feet Floor Plan H: 417
square feet
Common Open Space: 1,200 square feet 2,482 square feet
DESIGN ELEMENTS:

Minimum Unit Size 1,400 square feet Floor Plan A (3 Units): 1,565 square feet Floor Plan B (1 Unit):
1,623 square feet Floor Plan C (1
Unit): 1,802 square feet Floor Plan
D (1 Unit): 1,808 square feet Floor
Plan E (3 Units): 1,627 square feet
Floor Plan F (1 Unit): 1,830 square
feet Floor Plan G (1 Unit): 1,862
square feet Floor Plan H (1 Unit):
1,861 square feet
Storage Area (Per Unit) 200 Cubic Feet 376 Cubic Feet per unit Solid Waste Area (Per Unit) Area for 3 bins at 2.5
feet by 2.5 feet each
One common trash cart1
1To decrease the amount of smaller trash cans on the street during trash pickup days, a common trash facility would be more compatible for the neighborhood and proposed project. Athens Services provides collection of automated carts (96-gallon, 64-gallon, and 34-gallon carts) for multi-family complexes.

If the General Plan Amendment and Zone Change are approved, the subject site would be zoned RP Residential-Professional Zone with similar multifamily residentially zoned properties to the east and south and R-1 Single-Family zoned properties to the north. The surrounding residential area is comprised of multi-story, multi-family residences with some single-story single-family residences. The proposed project would be compatible with the surrounding area as it would be a multi-story residential development. The existing properties on 1st Street are developed with four to 16 dwelling units and are similar in dwelling unit per acre (du/ac) densities (Attachment 12). The average dwelling unit per acre on this street is 32.8 dwelling unit per acre. The proposed project is consistent City of Hermosa Beach Page 5 of 17 Printed on 11/24/2022 powered by Legistar™989
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with the existing dwelling unit per acre and proposes 12-units or 25.9 dwelling unit per acre.

The varying levels of the proposed design create articulation and reduce bulk and massing to be consistent with the existing neighborhood. The proposed project’s building configuration is consistent with the neighborhood’s development pattern and overall character of the neighborhood. The proposed architecture incorporates a contemporary architectural theme that is seen in existing developments within the area.

Aside from the project meeting all development standards set forth in HBMC Chapter 17.22, there are several community benefits that the project would provide to the public and direct vicinity.

Currently, the site is underutilized as an empty parking lot and has no visual character from the public right of way. As proposed, the development includes new landscaping along 1st street frontage and the front two units oriented with front doors facing 1st street, establishing a residential character along the street. The landscaping and entry features promote a more inviting pedestrian environment and neighborhood transition.

Alternatively, a commercial development on the subject site may not be a compatible use in terms of neighborhood transition. Commercial buildings also generally contribute to greater daily vehicle trip generations which would further congest this neighborhood. As proposed, the project provides a surplus of required parking. One additional guest parking space beyond the required six guest parking spaces is provided. Covenant, Conditions, and Restriction (CC&R) protections go beyond City codes and require residents to park in provided on-site parking and not on the street. Allowing the General Plan and Zone Change to R-P provides assurance that the property would not be built as a commercial use surrounded on three sides by residential uses. A surplus of guest parking coupled with the consistent density with the surrounding neighborhood gives the project compatibility with the surrounding area.

A benefit to the City and community would be the $ $169,152 Park and Recreation fee ($14,096 x 12 units = $169,152) that would go towards park improvements.

As discussed in the background section of this report, at its March 15, 2022 meeting, the Planning Commission expressed some concerns that the project did not include a affordability component or some other kind of public benefit based on the increased value of the land that would come with the GPA and zone change. A letter (Attachment 17) was submitted by the applicant providing a discussion on how including an affordability measure in the project would increase density beyond the maximum allowable density in the R-P zone. In the project’s current design, the project is below the maximum allowable density and is more consistent with the surrounding residential projects on the block. Including an affordability component would allow the applicant to utilize the State Density Bonus Law to receive concessions to development standards, such as height, setbacks, and provision of parking. Incorporating affordable units would result in a taller and more dense development than currently proposed. Furthermore, the City does not have an inclusionary ordinance City of Hermosa Beach Page 6 of 17 Printed on 11/24/2022 powered by Legistar™990
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development than currently proposed. Furthermore, the City does not have an inclusionary ordinance whereby the City can mandate an affordability component. At this time, no revisions were made to the design of the project.

City Staff is still assessing the applicability of Assembly Bill (AB) 2097 and whether it would apply within the City of Hermosa Beach. AB 2097 exempts residential projects containing less than 20 units to require parking if it meets certain provisions. If staff finds that this bill is applicable, this project may not be subject to the parking standards set forth in the R-P zone if a future application is submitted and meet the provisions set forth in AB 2097.

General Plan Amendment
The Hermosa Beach General Plan establishes land use designations and, typically more general goals, objectives and policies. The subject site has a General Plan land use designation of Community Commercial (CC), which aims to provide space for locally oriented commercial uses including retail stores, restaurants, professional and medical offices, and personal services. Uses on the ground floor are reserved for retail, restaurant, and other sales-tax revenue generating uses, while offices and personal service uses are encouraged on upper floors. Residential uses are not allowed in this designation as its intent is to promote and protect retail.

The proposed General Plan use designation for this site is High Density Residential (HD) which is typically designed to provide a range of residential building formats including condominiums, townhouses, duplex/triplex, and apartment buildings to serve the varying living accommodation needs or desires of the community. The intent of this designation is to preserve and contribute to the inventory of diverse housing types available to residents and offer alternatives to single-family residential development. The designation allows for a variety of high-density building types and development patterns. A High Density Residential General Plan Designation allows for a density range between 25.1 to 33.0 dwelling units per acre and is consistent with the land use designation of the majority of the block where the subject site is located.

Applying a High-Density Residential land use designation would recharacterize the subject site as a transition between adjacent retail/services uses on Pacific Coast Highway to residential uses within the Hermosa Hills Neighborhood. The hillside area covers the residential portions of Hermosa Beach east of Pacific Coast Highway to the City boundary. The Hermosa Hills area transitions from high and medium density uses adjacent to Pacific Coast Highway.

The development would be appropriate in context with surrounding uses, which include Low Density Residential to the north, High Density Residential to the east and south and commercially zoned properties to the west.

Zone Change
The proposed Zoning designation for the site is Residential Professional (R-P), which pursuant to City of Hermosa Beach Page 7 of 17 Printed on 11/24/2022 powered by Legistar™991
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The proposed Zoning designation for the site is Residential Professional (R-P), which pursuant to HBMC Chapter 17.20.010, allows for any use in the R-3 zone as well as specific professional services uses subject to the granting of a conditional use permit. The proposed R-P zoning designation and development would be appropriate in context with the surrounding uses, which include R-P zoning designations to the east and south of the subject site.

The purpose of the Specific Plan Area 7 (SPA 7) zone is to protect the health, safety and welfare of the citizens of Hermosa Beach and to encourage the development of high-quality commercial development along Pacific Coast Highway in respect to its impact on residential projects, environmental impacts, circulation and appearance. The Zoning Map shows the subject property reaches further into the residential neighborhood than other commercial areas along Pacific Coast Highway. The property is surrounded by residential uses on three sides, immediately behind the property to the north and to the east, and across 1st Street to the south.

Neighboring lots are primarily residential uses and the proposed amendment would be consistent with the current and proposed development. Also, commercial uses typically generate higher traffic volumes versus residential uses which could negatively impact a neighborhood that currently experiences traffic and parking related concerns. The Negative Declaration prepared for the project (Attachment 8) found that vehicular trip generation for the proposed use would be approximately 88 daily trips. Whereas if a general office use of 15,000 square feet were proposed for the site-a use permitted by right in the current land use designation and zoning-would generate 165 average daily trips. A retail or office building would be out of place since the property is not easily visible from Pacific Coast Highway and is surrounded by residential uses on three sides.

While policies in PLAN Hermosa support the retention of commercial land area and discourage the conversion of commercial land to residential uses (Land Use Element, Goal 1. Policy 1.9), the proposed residential project would be compatible with the existing neighborhood pattern and would contribute to less traffic congestion than a commercial use. Additionally, the Draft Housing Element outlines specific policies that aim to provide opportunities for additional housing to accommodate the Cities RHNA obligations (Housing Policy Plan 2.1, 2.3 and 3.1).

Staff finds while the retention of commercial land should apply to properties located on Pacific Coast Highway, since it is an arterial highway with high levels of traffic and visibility, the unique location of the subject site, approximately 417 feet east of Pacific Coast Highway, and close proximity to sensitive receptors (i.e. residential uses), it is not a candidate site for a viable commercial development project. If the proposal is approved, there is still approximately 60,000 square feet of Pacific Coast Highway fronting property that would be sufficient to facilitate the redevelopment of a commercial use. Given the unique location of the subject site, it is reasonable to assume that a commercial development 400 plus feet away from Pacific Coast Highway would not attract a viable commercial use without a connection to the Pacific Coast Highway fronting property. Since the properties are no longer under the same ownership and the Frontier switching station (102 Pacific City of Hermosa Beach Page 8 of 17 Printed on 11/24/2022 powered by Legistar™992
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properties are no longer under the same ownership and the Frontier switching station (102 Pacific Coast Highway is unlikely to be redeveloped due to the necessity of maintaining service for the community, a new commercial development at 911 1st Street may not be an option now or in the future.

Conditional Use Permit
As specified in the Hermosa Beach Municipal Code (HBMC) Section 17.22.040, condominiums are subject to a Conditional Use Permit. In considering the granting of a Conditional Use Permit, general criteria for all uses shall be made pursuant to HBMC Section 17.40.020:

1. Distance from existing residential uses. Residential development is directly to the north, south and east of the subject site. The proposed 12-unit condominium development will blend in cohesively with the existing streetscape of multi-family residential uses;

2. The amount of existing or proposed off-street parking facilities, and its distance from the proposed use. Based on the proposed development, the R-P zone requires 24 enclosed parking spaces (two per unit) and one guest space for every two units (six guest spaces total).

The applicant is proposing 24 enclosed parking spaces and seven guest parking spaces, exceeding the required six guest parking spaces, to alleviate the demand for on-street parking.

All proposed parking will be located on site;

3. Location of and distance to churches, schools, hospitals and public playgrounds. The two units fronting 1st Street are designed with entrances facing 1st Street to promote a more inviting pedestrian environment and neighborhood transition. By orienting the front doors towards the street, it creates pathways that follow the most direct route from sidewalk to the front door;

4. The combination of uses proposed. The subject site is zoned R-P Residential Professional with the subject site bounded by Single-Family (R-1) zoned properties to the north, Residential - Professional (R-P) zoned properties to the east and south, and Specific Plan 7 (SPA 7) commercially zoned properties to the west. Similar residential development is found in the surrounding area comprised primarily of multi-story, multi-family residences with some singlestory single-family residences.

The proposed layout of the building is consistent with multiple-family residential buildings in the immediate neighborhood consisting of both attached and detached multi-unit condominiums on a lot with shared driveways;

5. Precautions taken by the owner or operator of the proposed establishment to assure the compatibility of the use with surrounding uses. This finding is not applicable if the General Plan Amendment and Zone Change are approved. The site would be maintained and City of Hermosa Beach Page 9 of 17 Printed on 11/24/2022 powered by Legistar™993
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General Plan Amendment and Zone Change are approved. The site would be maintained and utilized as a residential use which is consistent with the surrounding area;

6. The relationship of the proposed business-generated traffic volume and the size of streets serving the area. Commercial uses typically generate higher traffic volumes versus residential uses which could negatively impact a neighborhood that currently experiences traffic and parking related concerns. IS/ND prepared for the project (Attachment 8) found that vehicular trip generation for the proposed use would be approximately 88 daily trips. As an example, this number was compared to a general office use of 15,000 square feet on the 20,137 square foot site that would generate 165 average daily trips. The example of office was used however, the existing commercial zoning allows for higher intensity uses that may generate additional traffic;

7. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area. The proposed architecture would be compatible with the surrounding area as there are existing developments that incorporated a contemporary architectural theme and is consistent with the bulk and massing of the existing neighborhood.

The proposed project’s building configuration is consistent with the neighborhood’s development pattern and the overall character of the neighborhood;

8. The number of similar establishments or uses within close proximity to the proposed establishment. This finding is not applicable as residential uses are established to the north, east and south and commercial uses established to the south of the property;

9. Noise, odor, dust and/or vibration that may be generated by the proposed use. Most of the noise, odor, and vibration impacts would be temporary and limited to the construction involved with the roof deck expansion. Therefore, adverse impacts are not anticipated due to increased noise levels being temporary during construction and there being no long-term ambient noise impacts;

10. Impact of the proposed use to the City’s infrastructure, and/or services. The proposed twelve-unit condominium can connect to the existing utilities that service the residential uses in the immediate neighborhood. If the proposal is approved, the Public Works Department would determine if the site has the capacity to serve the proposed development as part of the civil sheet submittal. The submitted plans were preliminarily reviewed by the Fire Department, Public Works Department, and Building & Safety Division, and no major concerns were identified;

11. Will the establishment contribute to a concentration of similar outlets in the area.

Varying residential and commercial zoning designations are established in the neighborhood and are substantially developed based on the assigned zoning designations. Any new City of Hermosa Beach Page 10 of 17 Printed on 11/24/2022 powered by Legistar™994
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and are substantially developed based on the assigned zoning designations. Any new development or use in the surrounding area are subject to the development standards set forth in the Hermosa Beach Municipal Code; and

12. Other considerations that, in the judgment of the planning commission, are necessary to assure compatibility with the surrounding uses, and the City as a whole. This approval is contingent on the City Council approval of a request for a General Plan Amendment 20-1 amending the land use designation from Community Commercial (CC) to High Density Residential (HD), a Zone Change changing the zoning designation from Specific Plan Area 7 (SPA-7) to Residential- Professional (R-P) as noted in Attachment 2.

Precise Development Plan
As specified in the Hermosa Beach Municipal Code (HBMC) Section 17.58, “the purpose and intent of requiring a Precise Development Plan (PDP) review for development projects is to achieve a reasonable level of quality, compatibility, in harmony with the community’s social, economic, and environmental objectives, and to protect existing and potential developments, and uses on adjacent and surrounding property.” On a case-by-case basis, the Planning Commission may impose standards above the minimums designated by the HBMC to improve the quality of development and to mitigate any environmental impacts. HBMC Section 17.26 provides standards and limitations for development within the C-1 Zone.

Pursuant to HBMC Section 17.58.030(B), the following general criteria shall be considered:

1. Distance from existing residential uses in relation to negative effects. Residential development is directly to the north, south and east of the subject site. The proposed 12-unit condominium development would blend in with the existing streetscape of multi-family residential uses. Therefore, negative impacts to existing residential uses on-site and in the surrounding area are not anticipated;

2. The amount of existing or proposed off-street parking in relation to actual need. Based on the proposed development, the R-P zone requires 24 enclosed parking spaces (two per unit) and one guest space for every two units (six guest spaces total). The applicant is proposing 24 enclosed parking spaces and seven guest parking spaces, exceeding the required six guest parking spaces to alleviate the demand for on-street parking;

3. The combination of uses proposed, as they relate to compatibility. If the General Plan Amendment and Zone Change are approved, the subject site would be zoned R-P Residential -Professional Zone with similar multifamily residentially zoned properties to the east and south and R-1 Single-Family zoned properties to the north. The surrounding residential area is comprised of multi-story, multi-family residences with some single-story single-family residences. The proposed project would be compatible with the surrounding area as it would City of Hermosa Beach Page 11 of 17 Printed on 11/24/2022 powered by Legistar™995
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residences. The proposed project would be compatible with the surrounding area as it would be a multi-story residential development. The existing properties on 1st Street are developed with four to sixteen dwelling units and are similar in dwelling unit per acre (du/ac) densities (Attachment 12). The average dwelling unit per acre on this street is 32.8 dwelling units per acre. The proposed project is consistent with the existing du/ac and proposes 12-units or 25.9 dwelling units per acre;

4. The relationship of the estimated generated traffic volume and the capacity and safety of streets serving the area. Commercial uses typically generate higher traffic volumes versus residential uses which could negatively impact a neighborhood that currently experiences traffic and parking related concerns. The Initial Study/Negative Declaration (Attachment 8) found that vehicular trip generation for the proposed use would be approximately 88 daily trips.

As an example, this number was compared to a general office use of 15,000 square feet on the 20,137 square foot site that would generate 165 average daily trips. The example of office was used however, the existing commercial zoning allows for higher intensity uses that may generate additional traffic;

5. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area. The proposed architecture would be compatible with the surrounding area as there are existing developments that incorporated a contemporary architectural theme and is consistent with the bulk and massing of the existing neighborhood.

The proposed project’s building configuration is consistent with the neighborhood’s development pattern and the overall character of the neighborhood;

6. Building and driveway orientation in relation to sensitive uses, e.g., residences and schools. The two units fronting 1st Street are designed with entrances facing 1st Street to promote a more inviting pedestrian environment and neighborhood transition. By orienting the front doors towards the street, it creates pathways that follow the most direct route from sidewalk to the front door;

7. Noise, odor, dust and/or vibration that may be generated by the proposed use. Most of the noise, odor, and vibration impacts would be temporary and limited to the construction involved with the roof deck expansion. Therefore, adverse impacts are not anticipated due to increased noise levels being temporary during construction and there being no long-term ambient noise impacts;

8. Impact of the proposed use to the City’s infrastructure, and/or services. There are currently two driveway access points from 1st Street. The proposed project would create a 28’- 0” curb cut to access the shared driveway that leads to the garages. The new curb cut does not result in a loss of on-street parking since the project is removing the existing curb cuts and replacing on-street parking. The applicant is proposing seven guest parking spaces, which is City of Hermosa Beach Page 12 of 17 Printed on 11/24/2022 powered by Legistar™996
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replacing on-street parking. The applicant is proposing seven guest parking spaces, which is one more than the required six guest parking spaces to alleviate the demand for on-street parking. Modifications and encroachments in the public right-of-way would require permits from the Department of Public Works;

9. Adequacy of mitigation measures to minimize environmental impacts in quantitative terms. In accordance with CEQA and Section 21080 (c) of the Public Resources Code, preparation of a Negative Declaration (ND) may occur if the City, as lead agency, finds that there is no evidence that the Project would have a significant effect on the environment; and

10. Other considerations that, in the judgment of the Planning Commission, are necessary to assure compatibility with the surrounding uses, and the City as a whole. As noted in the above criteria, approval of the proposed project would not result in the creation of an impact to the surrounding uses and/or the City as a whole. The proposed development is consistent with the surrounding buildings.

Subdivision Map
The applicant has applied for a Tentative Parcel Map No. 83011. A tentative parcel map grants rights to proceed with a project in accordance with the ordinances, polices and standards in effect at the time the application for approval of the tentative map is completed. The application for a Tentative Parcel Map pursuant to the California Government Code Section 16.08.060 of the Municipal Code.

1. The proposal is consistent with the General Plan in that it does not impede the City’s ability to meet its General Plan goals and purpose of the High Density (HD) Residential designation that allows for multiple dwellings. The proposal meets the HD designation because it would provide twelve-units on a 20,137 square foot lot and is within the intended dwelling unit per acre range (25.1-33) of the HD designation in the General Plan. As conditioned, the proposal is consistent with applicable development standards set forth in the Hermosa Beach Municipal Code (HBMC) for the R-P zone.

2. The site is physically suitable for a two-unit attached residential condominium project.

The two-unit attached residential condominium project contains a total of seven on-site parking spaces with four spaces located within garages and three guest parking spaces. This development complies with all development standards and does not require approval of a deviation.

3. The subdivision and improvements provide for adequate drainage, sanitation and potable water, underground utilities, parking and construction requirements, and therefore are not likely to cause public health problems. The project as conditioned would provide permeable surfacing and storm water retention facilities to the maximum extent feasible per HBMC Section 8.44.095 and any additional non-percolated or retained storm City of Hermosa Beach Page 13 of 17 Printed on 11/24/2022 powered by Legistar™997
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feasible per HBMC Section 8.44.095 and any additional non-percolated or retained storm water would be conveyed to an onsite subsurface infiltration system as required by HBMC Section 8.44.095 subject to maintenance agreements.

4. The proposed subdivision would front on a public street, would provide vehicular access from 1st Street, and does not exhibit dedicated public easements. Therefore, the subdivision and improvements would not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.

5. The project, as conditioned, would conform to all zoning requirements including, but not limited to setbacks, lot coverage, open space, building height, and parking. The project also conforms to all condominium standards including, but not limited to private storage space, minimum unit sizes, architecture and building layout, landscaping, and would be compatible with neighboring properties that are developed with similar multi-story multi-family residences.

6. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The Planning Commission adopted the Initial Study and Negative Declaration for the project finding that no evidence that the project would have significant impacts on the environment.

7. The proposed subdivision would be consistent with the prevailing lot patterns and dwelling unit per acre and is not likely to reduce property values in the surrounding neighborhood area because the project is similar to surrounding development, consists only of the division of airspace at less than the maximum density allowed, and conditions have been placed on the project to ensure compatibility.

As summarized in the staff report, staff is able to make the findings necessary to support the series of entitlements for the new construction of a 12-unit condominium project at 911 1st Street if the General Plan Amendment and Zoning Change are approved. The project meets or exceeds all of the development standards for the RP zoning designation, would be consistent with majority of development on the subject block, and would have no significant environmental impact. However, the decision to grant the General Plan Amendment and Zoning Change are at the discretion of the City Council as they are legislative functions and should only be granted if the City Council determines that the General Plan Amendment is in the public interest pursuant to Government Code section 65358.

Environmental Determination:

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REPORT 22-0768
In accordance with the California Environmental Quality Act (CEQA) and Section 21080 (c) of the Public Resources Code, preparation of a Negative Declaration (ND) may occur if the City, as lead agency, finds that there is no evidence that the Project would have a significant effect on the environment. An Initial Study (“IS”) was prepared by (Ed Almanza & Associates) in conformance with requirements of CEQA and the State CEQA Guidelines (Attachment 8) to evaluate the potential environmental effects of the proposed Project. The Initial Study indicated that the Project would not have a significant effect on the environment. As such, a Negative Declaration (“ND”) was prepared for the Project.

The Notice of Intent (NOI) to adopt the ND was posted with the Los Angeles County Clerk and was made available on the City Planning website. No public comments related to the IS/ND were received. The draft IS/ND was circulated for a 28-day public review period beginning February 16, 2022 and ending on March 15, 2022 at 5:00 p.m., in accordance with CEQA Guidelines Section 15073.

General Plan Consistency:

This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:

Governance Element:
· Goal 1. A high degree of transparency and integrity in the decision-making process. o Policy 1.1 Open meetings. Maintain the community’s trust by holding meetings in which decisions are being made, that are open and available for all community members to attend, participate, or view remotely.
· Goal 5: Small beach town character is reflected throughout Hermosa Beach. o Policy 5.1 Residential and commercial compatibility. Provide a balance between residential and commercial uses and strive to ensure their compatibility. o Policy 5.2 Development decisions. Strive to conduct the development review process in a consistent and predictable manner.
o Policy 5.3 Clear regulations. Establish clear, unambiguous regulations and policies to clearly communicate the City’s expectations for new development. o Policy 5.4 Guidelines and standards. Provide for clear development guidance, standards, and rules by developing tools and guidelines to illustrate concepts of local character.
o Policy 5.7 Visitor and resident balance. Recognize the desire and need to balance visitor serving and local-serving uses as a key to preserving character and the economic vitality of the community.

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Land Use and Design Element:
· Goal 1: Create a sustainable urban form and land use patterns that support a robust economy and high quality of life for residents.
o Policy 1.6 Scale and context. Consider the compatibility of new development within its urban context to avoid abrupt changes in scale and massing. · Goal 2: Neighborhoods provide for diverse needs of residents of all ages and abilities and are organized to support healthy and active lifestyles. o Policy 2.3 Balanced neighborhoods. Promote a diverse range of housing unit types and sizes, within allowed density
· Goal 5. Quality and authenticity in architecture and site design in all construction and renovation of buildings.
o Policy 5.6 Eclectic and diverse architecture. Seek to maintain and enhance neighborhood character through eclectic and diverse architectural styles.

Fiscal Impact:

The fiscal impact of the recommended action would include a $169,152.00 Park and Recreation fee ($14,096 x 12 units = $169,152) that would go towards park improvements.

Attachments:

1. Draft Resolution to adopt IS/ND

2. Draft Resolution to approve GP Amendment and Zone Change

3. Draft Resolution to approve Zone Text Amendment from SPA-7 to R-P

4. Draft Resolution to approve CON, PDP and Tentative Tract Map No. 83011

5. Draft Resolution to deny GP Amendment and Zone Change

6. Draft Resolution to deny CON, PDP and Tentative Tract Map No. 83011

7. Project Plans

8. Initial Study and Negative Declaration

9. Application Justification

10.Site Photographs

11.Poster Verification

12.Existing Dwelling Unit Per Acre on 1st Street Map

13.Radius Map

14.General Plan Land Use Designation and Zoning Map (Existing and Proposed)

15.Site History

16.Parking Plan (P.C. Resolution 91-70)

17.Correspondence from Applicant dated September 27, 2022

18.Link to March 15, 2022 Planning Commission Staff Report

19.Link to November 15, 2022 Planning Commission Staff Report City of Hermosa Beach Page 16 of 17 Printed on 11/24/2022 powered by Legistar™1000
Staff Report
REPORT 22-0768
Respectfully Submitted by: Maricela Guillean, Associate Planner Concur: Corrie Kates, Interim Community Development Director Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager
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CITY OF HERMOSA BEACH

CITY COUNCIL
RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,

CALIFORNIA ADOPTING AN INITIAL STUDY/NEGATIVE DECLARATION FOR A GENERAL PLAN AMENDMENT (GPA 20-1) AMENDING THE LAND

USE DESIGNATION FROM COMMUNITY COMMERCIAL (CC) TO HIGH
DENSITY RESIDENTIAL (HD), A ZONING CHANGE (ZC 20-1) CHANGING THE ZONING DESIGNATION FROM SPECIFIC PLAN AREA 7 (SPA-7) TO RESIDENTIAL- PROFESSIONAL (R-P); CONDITIONAL USE PERMIT (CON 20- 5), PRECISE DEVELOPMENT PLAN (PDP 20-10), AND TENTATIVE TRACT MAP (TTM #83011) FOR THE CONSTRUCTION OF A TWELVE (12)-UNIT ATTACHED CONDOMINIUM PROJECT AT 911 1ST
STREET (APN 4186-026-047).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Findings. The City Council finds as follows:

A. An application was filed on December 2, 2020, by the applicant Luigi Schiappa Development Inc, for development of a property located at 911 1st Street requesting a General Plan Amendment amending the land use designation from Community Commercial (CC) to High Density Residential (HD), a Zoning Code Change changing the zoning designation from Specific Plan Area 7 (SPA-7) to Residential- Professional (R-P) and approval of Conditional Use Permit (CON 20-05), Precise Development Plan (PDP 20- 10), and Tentative Parcel Map No. 83011 for a proposed twelve-unit attached residential condominium project (collectively, the “Project”).

B. Pursuant to CEQA Guidelines Section 15073, an Initial Study (“IS”) was prepared by the City in conformance with the requirements of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines. The IS indicated that the proposed Project would not have an impact on the environment. As such, a Negative Declaration (“ND”) was prepared for the Project. The draft Initial Study/ Negative Declaration (ISND) was circulated for a 28-day public review period beginning February 16, 2022 and ending on March 15, 2022 at 5:00 p.m. The Notice of Intent 1002

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(NOI) to adopt the ND was posted with the Los Angeles County Clerk and made available on the City Planning website and no public comments related to the Negative Declaration were received.

C. The Planning Commission conducted a duly noticed public hearing for the subject Project, including the IS-ND, on the 15th day of November 2022. All interested parties were given full opportunity to be heard and to present evidence.

D. On November 15, 2022, the Planning Commission adopted Resolution No. 22-17 recommending approval of the Project to the City Council, including the adoption of the IS/ND, a General Plan Amendment amending the land use designation from Community Commercial (CC) to High Density Residential (HD), a Zoning Code Change changing the zoning designation from Specific Plan Area 7 (SPA-7) to Residential- Professional (R-P) and approval of Conditional Use Permit (CON 20-05), Precise Development Plan (PDP 20-10), and Tentative Parcel Map No. 83011 for a proposed twelveunit attached residential condominium project, to the City Council on the 15th day of November, 2022.

E. The City Council conducted a duly noticed Public Hearing for the subject Project on the 29th day of November 2022. All interested parties were given full opportunity to be heard and to present evidence.

F. The City Council has reviewed the IS-MND for compliance with CEQA and the State CEQA Guidelines. After such review, the City Council exercises its independent judgment and finds that the IS/MND has been completed in compliance with CEQA, and that with the incorporation of the proposed mitigation measures there is no substantial evidence before the City Council that the Project - a General Plan Amendment amending the land use designation from Community Commercial (CC) to High Density Residential (HD), a Zoning Code Change changing the zoning designation from Specific Plan Area 7 (SPA-7) to Residential- Professional (R-P) and approval of Conditional Use Permit (CON 20-05), Precise Development Plan (PDP 20-10), and Tentative Parcel Map No. 83011 for a proposed twelveunit attached residential condominium project - will have a significant effect on the environment.

SECTION 2. Compliance with the California Environmental Quality Act 1003

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Hermosa Beach City CouncilNovember 29, 2022

Hermosa Beach City Council
November 29, 2022