Residential Care Facility, Small. A facility that is licensed by the state of California to provide care for six or fewer persons.
Residential Care Facility, Large. A facility that is licensed by the state of California to provide care for more than six persons.
Residential Facility, Assisted Living. A facility that provides a combination of housing and supportive services for the elderly or functionally impaired, including personalized assistance, congregate dining, recreational, and social activities.
These facilities may include medical services. Examples include assisted living facilities, retirement homes, and retirement communities. These facilities typically consist of individual units or apartments, with or without kitchen facility, and common areas and facilities. The residents in these facilities require varying levels of assistance.
Supportive Housing. Pursuant to Health and Safety Code 50675.14, “means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing his or her ability to live and, when possible, work in the community. For purposes of this definition, "target population" means to people with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly people, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and people experiencing homelessness.
Transitional Housing: Transitional housing is a type of supportive housing and configured as a rental housing development, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.
Work/Live Unit. A Work/Live unit is defined as a single unit (e.g., studio, loft, or one bedroom) consisting of both a non-residential and a residential component that is occupied by the same resident.
SECTION 2. The following list of definitions in Section 17.04.040 (General definitions) of Chapter 17.04 (Definitions) of Title 17 (zoning) is hereby deleted:
Medical or residential care facility means a nursing and convalescent home as licensed by State Department of Public Health, and includes residential care homes as licensed by State Department of Social Welfare Services, Community DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA
Care Licensing Division. This term also includes group living quarters housing persons placed by an authorized agency for rehabilitation purposes and is funded by or licensed by or is operated under the auspices of an appropriate federal, state or county governmental agency.
Transitional housing and transitional housing development means buildings configured as rental housing developments, but operated under federal, state or local housing program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months.
Transitional housing is a residential use subject to the same regulations and procedures that apply to other residential uses of the same type in the same zone.
SECTION 3. Section 17.06.010 (Names of Zones) of Chapter 17.06 (Establishment of Zones) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended to read as follows:
In order to classify, regulate, restrict and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings and to regulate the area of yards and other open spaces about buildings and to regulate the destiny of population, eightteen (18) classes of zones are by this ordinance established to be known as follows:
SPA Specific Plan Areas
R-1 Single-family residential zone.
R-1A Two dwelling units per lot zone.
R-2 Two-family residential zone.
R-2A Medium Density residential (22) zone.
R-2B Limited multiple-family residence zone.
R-3 Multiple-family residential zone.
MHP Mobilehome park development district.
R-P Residential professional zone.
C-1 Limited business and residential.
C-2 General commercial district.
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C-3 General and highway commercial district.
M-1 Light manufacturing zone.
PF Public facility zone.
RPD Residential planned development.
O-S Open space zone.
O-S-1 Restricted open space zone.
O-S-2 Restricted open space zone.
Where areas are shown upon the zoning map enclosed with an O, the areas thus shown are intended to approximate the future location for that type of land use indicated by the symbol therein enclosed within a circle. (See Chapter 17.42.) Uncircumscribed symbols within such designated areas represent classification.
SECTION 4. Subsection (F), (J) and (N) of Section 17.08.020 (Permitted Uses) of Chapter 17.08 (R-1 Single Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended to read as follows:
F. Supportive and Transitional Housing for six (6) or fewer persons.
J. Residential Care Facilities – Small.
N. Residential Facility, Assisted Living.
SECTION 5. Subsection (P) of Section 17.08.020 (Permitted Uses) of Chapter
17.08 (R-1 Single Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby added to read as follows:
P. Residential Care Facilities – Large
SECTION 6. Subsection (B) of Section 17.12.010 (Permitted Uses) of Chapter
17.12 (R-2 Two Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended to read as follows:
B. Attached, and/or detached multiple-family dwelling units; (Refer to Chapter
17.58)
SECTION 7. Subsection (E) of Section 17.12.010 (Permitted Uses) of Chapter
17.12 (R-2 Two Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby added to read as follows:
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E. Supportive and Transitional Housing meeting requirements set forth in 17.42.220.
SECTION 8. Chapter 17.13 (R-2A – Medium Density Residential (22)) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby added to read as follows:
17.13.010 Permitted uses.
The purpose of the R-2A zone is to allow the same uses as R-2, but allow for development of a minimum density of 22 dwelling units per acre. In an R-2 zone only the following uses that are hereinafter specifically provided and allowed are permitted, subject to the provisions of Chapter 17.44 governing off-street parking requirements:
A. Any use permitted in the R-1 (one-family) residential zone; B. Attached, and/or detached multiple-family dwelling units; C. Condominium developments consistent with the provisions of the condominium ordinance of the City;
D. Conditional uses as set forth in Chapter 17.40.
E. Supportive and Transitional Housing meeting requirements set forth in
17.42.220
17.13.015 Short term vacation rentals prohibited.
It shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation or consideration a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty (30) consecutive days. It shall be unlawful for any person to occupy a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty (30) consecutive days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or consideration.
17.13.020 Development standards.
A. Building Height. Any building shall not exceed a maximum of thirty (30) feet in height.
B. Front Yard. Every lot shall have a front yard setback equal to at least five (5) feet unless a greater than five (5) foot setback is indicated on the official zoning map of the City, in which case, the larger figure shall apply.
C. Side Yards. Every lot shall have a side yard on each side of the lot equal to ten (10) percent of the width of the lot, provided such side yard shall not be less than three (3) feet in width and need not exceed five (5) feet in width.
D. Rear Yard. Every lot shall have a rear yard not less than five (5) feet in depth.
The second floor can be three (3) feet from the property line. On any alley DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA
the rear yard requirement is a depth of three (3) feet from the property line on the first floor and one (1) foot from the property line on the second floor.
E. Additional Yard Regulations. R-2A zones shall be subject to additional yard regulations as provided in Chapter 17.46.
17.13.030 Off-street parking.
Off-street parking requirements and regulations for the R-2 zone are provided in Chapter 17.44.
17.13.040 Lot area.
The minimum lot area for new lots in the R-2 zone created by subdivision or other means shall be four thousand (4,000) square feet.
17.13.050 Lot area per dwelling unit.
The minimum lot area per dwelling unit shall be not less than one thousand seven hundred fifty (1,750) square feet.
17.13.060 Permissible lot coverage.
All buildings, including accessory buildings, shall not cover more than sixty-five (65) percent of the area of the lot.
17.13.070 Placement of buildings.
Placement of buildings on any lot shall conform to the following:
A. No building may occupy any portion of the required yard.
B. Any building used for human habitation shall not be located closer to the rear property line than a distance of five (5) feet; however, where a rear yard abuts a street or alley, the building may be located three (3) feet from the rear property line on the first floor and one (1) foot from the property line on the second floor.
C. The distance between any buildings used for human habitation shall be not less than six (6) feet. The distance between a main building and an accessory building shall be not less than six (6) feet.
17.13.080 Open space.
There shall be a minimum of three hundred (300) square feet of usable open space per dwelling unit.
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A. One hundred (100) square feet of the required open space shall be directly accessible to and at the same floor level of the primary living area of each unit.
B. Each qualifying open space area may be covered up to fifty (50) percent but shall not be enclosed on more than two (2) sides by building walls or guardrails greater than forty-two (42) inches in height. A trellis may be allowed to cover an entire open area so long as the open areas between the trellis beams is equal to or exceeds the area required to remain open and uncovered.
C. The minimum dimension of open space areas shall be seven (7) feet by seven (7) feet.
D. Open space areas may include pools, spas, gardens, play equipment, decks over non-living areas, and decks over living areas of the same dwelling unit but shall not include driveways, turning areas, parking areas and required front, rear and side yard areas.
E. Roof Decks. A maximum of one hundred (100) square feet of required open space may be provided on a roof deck, with minimum dimension of seven (7) feet by seven (7) feet. For the purposes of this section, "roof deck" is defined as the walkable or otherwise usable open space area located above the roof framing of the building, the only access to which is from the floors below.
F. When computing open space in conjunction with yard areas, only an area which exceeds the minimum required yard area may be counted toward open space and only if the overall dimension of the required setback and the exceeding area together has a dimension of at least seven (7) feet in width and length.
G. Circular, triangular, odd and/or unusual shaped open space areas shall have a minimum of forty-nine (49) square feet in area as well as minimum seven (7) foot dimensions.
H. Decks, balconies or similar areas which extend over more than one (1) dwelling unit shall have a minimum S.T.C. rating of fifty-eight (58).
I. Each development of five (5) or more units shall provide one hundred (100) square feet of common open space area or facility per unit in addition to required open space. The common open space area may include play area, pool, spa, recreation room, gym, garden and similar amenities for the common use of all owners, but shall not include driveways, turning areas, parking areas, and required front, rear and side yard areas.
17.13.090 Lot width.
Every lot shall have a width of not less than forty (40) feet at the rear line of the required front yard.
17.13.100 Sign regulations.
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All signs in the R-2A zone shall conform to the requirements and regulations of this code.
SECTION 9. Subsection (B) of Section 17.14.010 (Permitted Uses) of Chapter
17.14 (R-2B Limited Multiple-Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended to read as follows:
B. A two (2) family dwelling unit per lot; provided, that it is designed for families as a duplex or condominium; a detached one (1) family dwelling will be allowed if one (1) existed on the lot on the effective date of the ordinance codified in this chapter, provided all yard requirements are conformed to; (Refer to Chapter
17.58 for multiple-family dwellings and 17.22 for condominiums) SECTION 10. Subsection (E) of Section 17.14.010 (Permitted Uses) of Chapter
17.14 (R-2B Limited Multiple-Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby added to read as follows:
E. Supportive and Transitional Housing meeting requirements set forth in 17.42.220.
SECTION 11. Subsection (B) of Section 17.16.010 (Permitted Uses) of Chapter
17.16 (R-3 Multiple-Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended to read as follows:
B. Multiple dwellings; (Refer to Chapter 17.58)
SECTION 12. Subsection (E) of Section 17.16.010 (Permitted Uses) of Chapter
17.16 (R-3 Multiple-Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby added to read as follows:
F. Emergency shelters (Refer to Section 17.42.210)
SECTION 13. Section 17.16.020 (Height) of Chapter 17.16 (R-3 Multiple-Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended to read as follows:
Intent and Purpose. The intent and purpose of this section is to set a standard height limit for most projects in scale with existing development and to minimize view obstruction. However, to recognize that pre-existing development in some neighborhoods and/or clusters of lots are already predominately built higher that the height limit, this section also allows some projects to exceed the height limit to enable property owners to enjoy the same rights to view, sunlight and air enjoyed by those property owners with the higher buildings. This section further sets forth the conditions and design criteria for determining whether a project is allowed to exceed the height limit.
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A. No building shall exceed thirty (30) feet in height unless in compliance with subsections (B), (C), or (D) of this section. Refer to Chapter 17.22 for additional height requirements for condominium projects located adjacent to walk streets.
B. The planning commission shall hold a public hearing and may grant or conditionally grant an exception to allow a multiple- or single-family building to exceed thirty (30) feet in height up to a maximum of thirty-five (35) feet in height when all of the following conditions are met to the satisfaction of the planning commission (subject to appeal to the city council pursuant to Section 17.58.040):
1. An extension above the height limit is necessary to take advantage of a scenic view over surrounding structures which are already constructed above thirty (30) feet in height. Said structures already in excess of thirty (30) feet would otherwise significantly obstruct the proposed project’s view potential;
2. The proposed development is located between, and adjacent to, two (2) or more contiguous lots with buildings constructed in excess of the thirty (30) foot height limit;
3. The structural extension above thirty (30) feet will not adversely impact the available views, and access to sunlight and air of adjacent and surrounding properties;
4. If all the above conditions are satisfied, the following design features of the portion of the building above thirty (30) feet shall also be considered by the planning commission to determine if an exception should be granted:
a. The style and pitch of the roof,
b. The mass and bulk of the proposed structure above thirty (30) feet (in order to minimize bulk of the upper floor),
c. The architectural appearance, as exhibited by the type, style, and shape of the structure and the proposed exterior materials.
C. Application and public hearing requirements for processing exceptions to the height limit shall be in accordance with procedures established by the city council. Applicants for exceptions shall provide detailed topographical surveys and spot elevations of existing buildings for determining if existing building on adjacent lots exceed thirty (30) feet.
D. Projects utilizing criteria under Section 17.42.100(B) – State Affordable Housing Density Bonus – may exceed the height limit per designated criteria.
SECTION 14. Section 17.16.100 (Building Design Guidelines) of Chapter 17.16 (R-3 Multiple-Family Residential Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is added to read as follows:
All new development shall be subject to Section 17.42.250.
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SECTION 15. Section 17.20.100 (Building Design Guidelines) of Chapter 17.20 (R-P Residential Professional) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is added to read as follows:
All new development shall be subject to Section 17.42.250.
SECTION 16. Section 17.26.020 (Specific purposes) of Chapter 17.26 (C1, C2 and C3 Commercial Zones) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended to read as follows:
A. In addition to the general purposes listed in Chapter 17.02 the specific purposes of the commercial zones are to:
1. Provide appropriately located areas consistent with the general plan for a full range of office, retail commercial, and service commercial uses needed by residents of, and visitors to, the City and region;
2. Strengthen the City’s economic base, and also protect small businesses that serve City residents;
3. Create suitable environments for various types of commercial and compatible residential uses, and protect them from the adverse effects of inharmonious uses;
4. Minimize the impact of commercial development on adjacent residential districts;
5. Ensure that the appearance and effects of commercial building and uses are harmonious with the character of the area in which they are located;
6. Ensure the provision of adequate off-street parking and loading facilities;
7. Provide sites for public and semi-public uses needed to complement commercial development or compatible with a commercial
environment;
B. The additional purposes of each zone are as follows:
1. C-1 Neighborhood Commercial Zone. To provide sites for a mix of small local businesses appropriate for, and serving the daily needs of nearby residential neighborhoods; while establishing land use regulations that prevent significant adverse effects on abutting residential uses.
2. C-2 Downtown Commercial Zone. To provide opportunities for a pedestrian-oriented range of office, retail, and service commercial uses specifically appropriate for the scale and character of the downtown, along with mixed-use opportunities including residential development, to form a resident and visitor serving downtown district.
3. C-3 General Commercial Zone. To provide opportunities for the full range of office, retail, service, mixed-use, and multi-family uses in a scale deemed suitable for the City, and appropriate for the Pacific Coast Highway and Aviation Boulevard commercial corridors.
DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA
SECTION 17. Section 17.26.030 (C-1, C-2 and C-3 land use regulations) of Chapter 17.26 (C1, C2 and C3 Commercial Zones) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended to read as follows:
C-1, C-2 and C-3 ZONES, LAND USE REGULATIONS
P = Permitted
- = Not Permitted
A = Administrative Permit
PDP = Precise Development Plan
U = Conditional Use or Other Permit Required (See Chapter 17.40) Uses C1 C2 C3 See Section
Mixed-Uses (residential uses with
ground floor commercial use(s))
U
PDP**
PDP** PDP** 17.40.180
Residential PDP** PDP** PDP** 17.16
Low Barrier Navigation Center A A A 17.42.240
Residential Facility, Assisted Living A A A
Residential Care Facilities – Small. P P P
Residential Care Facilities – Large A A A 17.42.230
Supportive Housing, Up to 50 Units. A A A 17.42.220
Supportive Housing, Over 50 Units U U U 17.56 and
17.42.220
*Allowed by special permit by city council on public streets/right-of-way, pursuant to Section 12.12.070, and permitted by right on private property in conjunction with such a special permit.
** Housing Element Sites Inventory Overlay Sites (--HE) only SECTION 18. Section 17.26.050 (Standards and limitations.) of Chapter 17.26 (C1, C2 and C3 Commercial Zones) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is added to read as follows:
J. Building design. Building design shall be provided as specified by Chapter
17.42.260.
SECTION 19. Section 17.28.010 (Specific purposes) of Chapter 17.28 (M-1 Light Manufacturing Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended to read as follows:
In addition to the general purposes listed in Chapter 17.02, the specific purposes of the light manufacturing zone is to:
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A. Provide appropriately located areas consistent with the general plan for a range of light manufacturing, creative industrial, and “work/live” residential, including certain appropriate service commercial uses.
B. Strengthen the City’s economic base and employment base by creating flexible zoning for existing small businesses that are owned by, serve and employ City residents.
C. Create and maintain suitable environments for various types of light industrial use and compatible uses.
D. Minimize the impact of development in the M-1 zone by allowing for creative transitions between small scale light industrial and adjacent residential districts.
E. Ensure that the appearance and effects of buildings in the M-1 zone are harmonious with the character of the area which they are located.
SECTION 20. Section 17.28.010 (Specific purposes) of Chapter 17.28 (M-1 Light Manufacturing Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby deleted:
E. Ensure the provision of adequate off-street parking and loading facilities.
SECTION 21. Section 17.28.020 (Permitted uses) of Chapter 17.28 (M-1 Light Manufacturing Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended as follows:
In the following matrix, the letter "P" designates use classifications permitted and the letter "U" designates use classifications permitted by approval of a conditional use permit. Use classifications not listed are prohibited. Section numbers listed under "see section" reference additional regulations located elsewhere in the Zoning Ordinance or Municipal Code.
Work/Live PDP** Chapter17.58
Residential Uses PDP** Chapter 17.16
** Housing Element Sites Inventory Overlay Sites (--HE) only SECTION 22. Section 17.28.030 (Standards and limitations) of Chapter 17.28 (M-1 Light Manufacturing Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended as follows:
Every use permitted or maintained in the M-1 zone shall be subject to the following:
A. Parking. Parking shall be provided as specified in Chapter 17.44.
B. Enclosures. All uses shall be conducted wholly within a building enclosed on all sides, except for the following:
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1. Outdoor uses permitted by conditional use permit as stated in the permitted use list;
2. Commercial parking lots;
3. Uses incidental to a use conducted primarily within a building located on the premises; provided, that such incidental uses are not conducted in whole or in part on sidewalks, public ways or within any required front or rear yard; and provided further, that such incidental uses are conducted within buildings. Where incidental uses are not conducted within a building, no part of the area devoted to the incidental uses shall be considered as part of the required parking facilities. All outdoor storage shall be substantially screened from public visibility, public streets, parks or other public places and property.
C. Signs. Signs for this section are regulated by Section 17.50.140.
D. Building Height. Any building may have a maximum of thirty-five (35) feet in height.
E. Front Yard Setback. No lot need provide a front yard except as may be required by a precise plan.
F. Alley Setback. Any building located on an alley shall maintain a distance of not less than three (3) feet from such alley.
G. Rear and Side Yard Setback Adjacent to Residential Zones. A minimum rear and/or side yard setback of eight (8) feet shall be provided, and additional two (2) feet of setback shall be provided for each story over the first story for structures that abut residential zones, except where public rights-of-way, twenty (20) feet or greater in width, separate the M-1 zone from the residential zone.
H. Landscaping Adjacent to Residential Zones. The required rear and/or side yard area shall be landscaped and provided with an automatic watering system. Size, quantity and type of landscaping shall be subject to review and approval by the planning director. Landscaping shall be appropriately maintained, trimmed and void of weeds.
SECTION 23. Chapter 17.29 (Public Facility Zone) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is added as follows:
17.29.010 Intent
The PF Zone is intended to provide for a broad range of government, institutional, educational, assembly, and community-serving uses. This Zone provides for government-owned facilities, civic-related administrative offices, community space, operational yards, educational or institutional facilities, and other public and quasi-public uses. The PF Zone implements the Public Facility General Plan Land Use Designation.
17.29.020 Permitted Uses
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USES P/U See Section
Assembly Hall PDP
Convention Hall PDP
Government Facilities P
Mini-Storage, Personal U 17.40.020
Monuments P
Office, General P
Parking Lot, and/or Structure (primary use) U
Public Service Facilities P
Residential PDP* 17.42.100
Wireless communication facility U 17.40.170
*Residential permitted uses shall be the same as those permitted in the R3, Multiple-Family Residential Zone, as contained in Section 17.16.010.
17.29.030 Development Standards
Development regulations shall be as specified by the precise development plan in accordance with Chapter 17.58, provided that the need for a precise development plan does not conflict with state law.
Building height limit is 35 feet. If it is determined a building was constructed prior to the codification of this code section, the building shall be valid and considered legal.
SECTION 24. Section 17.38.540 (Plan area no. 11) of Chapter 17.38 (Specific Plan Areas) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is added as follows:
Mixed Uses PDP** 17.42.100
** Housing Element Sites Inventory Overlay Sites (--HE) only SECTION 25. Section 17.38.550(E) (Plan area no. 11 – Development standards.) of Chapter 17.38 (Specific Plan Areas) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended as follows:
1. No building shall exceed a maximum height of thirty (30) feet.
SECTION 26. Chapter 17.39 (Housing Element Sites Inventory Overlay) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows:
17.39.010 Intent and Purpose
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The purpose of the Housing Element Sites Inventory Overlay is to identify sites designated by the City’s Housing Element for satisfying the City’s Regional Housing Needs Assessment (RHNA). This Overlay implements the City’s Housing Element.
Overlay sites shall be identified on the City’s Zoning Map with a symbol of “—HE” appended to the underlying zoning name (example: C2-HE).
17.39.020 Permitted Uses
A. Uses permitted by the underlying zoning district.
B. Uses permitted only for sites designated as a Housing Element Sites Inventory Overlay.
17.39.030 Minimum Density
A. If a site designated as –HE is developed at a density that is below the minimum residential density anticipated in the City’s Housing Element, the City must either:
1. Make a finding that the remaining sites identified in the Housing Element are adequate to meet the City’s remaining RHNA for the Housing Element planning period by income category. This finding should include a quantification of the remaining unmet need for the City’s RHNA at each income level and the remaining capacity of sites identified in the Housing Element, to accommodate that need by income level; or
2. Make available sufficient sites to accommodate the remaining unmet RHNA for the income category within 180 days or other time frame as established by law, whichever is later.
17.39.040 Replacement Units
A. If an application for development includes demolition of any of the following types of units existing within the past five (5) years, the application must include provisions for replacement:
1. Subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very lowincome; or
2. Subject to some form of rent or price control through a public entity's valid exercise of its police power; or
3. Occupied by lower or very low-income households.
B. Replacement units must be in accordance with Government Code Section 65915(c)(3), including equivalency provisions for income level, size, and number.
17.39.060 Short term vacation rentals prohibited.
For any unit constructed on a (--HE) site after [date of Housing Element certification], it shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation or consideration a residential dwelling, DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA
a dwelling unit or a room in a dwelling for less than thirty (30) consecutive days. It shall be unlawful for any person to occupy a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty (30) consecutive days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or consideration. All developments must be accompanied by a restrictive covenant prohibiting short-term vacation rentals.
SECTION 27. Section 17.40.010 (General Intent and purpose) of Chapter 17.40 (Conditional Use Permit and Other Permit Standards) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is amended as follows:
The lists of conditions found within this chapter for various uses are intended to be standard conditions imposed on all such proposed uses as specified. These conditions are not intended to be the only conditions imposed, and each specific use noted may have additional conditions imposed by the decisionmaking body.
Any additional conditions may be based on criteria found within this article for all uses requiring a conditional use permit and/or factors related to the specific use and location.
SECTION 28. Section 17.40.020 (General criteria for all uses) of Chapter 17.40 (Conditional Use Permit and Other Permit Standards) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby deleted:
A. In considering the granting of any conditional use permit for any use, the following criteria for granting said permit shall be considered:
B. Distance from existing residential uses;
C. The amount of existing or proposed off-street parking facilities, and its distance from the proposed use;
D. Location of and distance to churches, schools, hospitals and public playgrounds;
E. The combination of uses proposed;
F. Precautions taken by the owner or operator of the proposed establishment to assure the compatibility of the use with surrounding uses; G. The relationship of the proposed business-generated traffic volume and the size of streets serving the area;
H. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area;
I. The number of similar establishments or uses within close proximity to the proposed establishment;
J. Noise, odor, dust and/or vibration that may be generated by the proposed use;
K. Impact of the proposed use to the City’s infrastructure, and/or services; DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA
L. Will the establishment contribute to a concentration of similar outlets in the area;
M. 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.
SECTION 29. Section 17.40.180 (Mixed Use Development (C-1 zone)) of Chapter
17.40 (Conditional Use Permit and Other Permit Standards) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby replaced as follows:
17.40.180 Mixed-use development
For uses allowed in the C-1 Zone and for Housing Element Sites Inventory Sites (-- HE) as part of a mixed-use development, the following conditions and standards of development, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or permitted uses in the vicinity, shall be required:
A. Mixed-Use Developments shall be subject to a Precise Development Plan in accordance with Chapter 17.58.
B. Residential Development Standards. The residential portion of a mixed-use development shall be subject to the following development standards:
1. If the residential portion of a mixed-use development is a condominium development, then the development shall be subject to the condominium development standards as set forth in Chapter
17.22. 2. Rear and Side Yard setbacks shall be subject to Chapter 17.16.
3. Building design guidelines shall be subject to Chapter 17.42.260.
4. Building height shall be regulated by underlying zoning district the site is located.
5. The placement of buildings shall conform to the standards set forth in Chapter 17.16.050.
6. Any expansion of a structure that existed prior to (date of codification), to implement a mixed-use configuration, is subject to the standards of the underlying zone, and Chapter 17.52, relating to nonconforming structures.
7. Applicability of other standards. All other standards shall be governed by the sites underlying zoning district and the City zoning ordinance.
C. Commercial Development Standards. In addition to the requirements of the commercial zone, the following standards shall apply to the mixed-use development.
1. Ground floor commercial spaces shall have a minimum average depth of 30-feet.
2. Building frontage shall be used for commercial purposes with the exception of entry-exit corridors and stairs for accessing the residential units, and/or for driveways to access parking.
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D. General Development Standards
1. Noise: Residential uses shall be separate from commercial uses by sound proofed floors and walls with minimum sound transmission rating as required for condominiums as set forth in Chapter 17.22.
Commercial uses hours of operations shall be limited where appropriate so that residents are not exposed to offensive noise or activity.
2. Security: Entrances for residences shall be separate from nonresidential uses and be independently accessible to pedestrian and parking areas.
3. Lighting: Outdoor lighting and lighting for signs associated with commercial uses designed so as not to adversely impact residences.
No flashing, blinking or high intensity lighting. Adequate lighting to illuminate parking areas and corridors to access parking and public sidewalk. Lighting for signs may only be illuminated during business hours.
E. Signs. Signs shall be limited to the commercial space frontage pursuant to the requirements of Chapter 17.50.
F. Allowed Commercial Uses. Permitted commercial uses within a mixed-use development shall be as permitted in the underlying commercial zone with the following exceptions which shall not be permitted:
1. Late-night restaurants and bars;
2. Laundry and dry-cleaning businesses;
3. Parking lots and/or structures.
G. Limitations on hours of operation. The hours of operation for any commercial use shall be limited to 8:00 a.m. to 10:00 p.m.
H. Parking and Transportation Storage
1. Vehicle parking shall be in accordance with Chapter 17.44. a. Reduced vehicle parking may be planned in accordance with Section 17.44.210 Parking Plans. Application fees for Parking Plans that accompany a development for
affordable housing may be waived; all other application fees apply.
2. Bicycle Parking Standards.
a. Spaces Required.
1. Residential Uses. A minimum of one bicycle parking
space shall be provided for every five units for
Residential, Group Residential, and Single Room
Occupancy.
2. Other Uses. Any establishment with 25 or more full time equivalent employees shall provide bicycle parking at a minimum ratio of one space per 25 vehicle spaces.
b. Location. Bicycle parking must be located on the same lot as the use it serves. In parking garages, long-term bicycle parking must be located near an entrance to the facility.
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c. Security. Long-term bicycle parking must be in:
1. An enclosed bicycle locker; or
2. A fenced, covered, locked or guarded bicycle storage area; or
3. A rack or stand inside a building that is within view of an attendant or security guard or visible from employee
work areas or within secure/restricted bicycle storage
room; or
4. Other secure area approved by the Director.
d. Size and Accessibility.
1. Each bicycle parking space shall accommodate a
variety of bicycle types, but generally be a minimum of two feet in width and size feet in length.
2. Bicycles shall be accessible without moving another
bicycle.
3. Access to a bicycle parking area shall not be through vehicle parking spaces.
e. Bicycle Parking Reductions and Modifications. A
modification for a reduction in the number of required
bicycle parking spaces or to other standards of this Section may be granted pursuant to Section 17.44.210, Parking Plans, if the review authority finds that:
1. Adequate site space is not available on an existing
development to provide bicycle parking; or
2. Reduced bicycle parking is justified by reasonably
anticipated demand; or
3. Other criteria based on unusual or specific
circumstances of the particular case as deemed
appropriate by the review authority.
I. Owner shall disclose separately and in writing upon sale or rental of the subject property that it is a mixed use development and permits commercial and residential uses.
SECTION 30. Section 17.40.220 (Emergency shelters) of Chapter 17.40 (Conditional Use Permit and Other Permit Standards) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby deleted:
17.40.220 Emergency shelters.
This section sets forth requirements for the establishment and operation of emergency shelter facilities.
A. Permit and Operational Requirements. The approval and operation of an emergency shelter shall be subject to the following requirements:
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1. Administrative Permit Required. Emergency shelters may be established and operated in the C-3, SPA-7 and SPA-8 zoning districts subject to the granting of an administrative permit in compliance with Chapter 17.55.
2. Management and Operations Plan. An application for an administrative permit to establish and operate an emergency shelter shall be accompanied by a management plan, which shall establish hours of operation, staffing levels and training procedures, maximum length of stay, size and location of exterior and interior onsite waiting and intake areas, admittance and discharge procedures, provisions for on-site or off-site supportive services, on-site and off-site security procedures, and protocols for communications with local law enforcement agencies and surrounding property owners.
B. Development Standards. Emergency shelters shall conform to the following standards.
1. The maximum number of beds shall be ten (10). An additional four (4) beds may be provided for children under the age of eighteen (18) with a parent or guardian within designated family units.
2. A minimum separation of three hundred (300) feet, measured from the property line, shall be maintained between all emergency shelters.
3. Separate private shower and toilet facilities shall be provided for men, women and families.
4. Alcohol and narcotics use and consumption are prohibited both within the facility and on the property. No amplified music or sound is allowed. No animals are permitted (except guide dogs for the disabled or ordered by a doctor for medical reasons).
5. One parking space per three (3) beds, plus one (1) space for each staff member and volunteer on duty shall be provided.
6. Bicycle racks or bicycle lockers for three (3) bicycles shall be provided onsite near the facility.
7. Stays at the facility shall be on a first-come first-served basis. Clients may be admitted to the facility only between 6:00 p.m. and 8:00 a.m. The facility may remain open twenty-four (24) hours a day only if providing onsite accessory services. Clients have no guaranteed bed for the next night. The maximum length of stay at the facility shall not exceed one hundred eighty (180) days in a three hundred sixty-five (365) day period.
8. The facility may provide the following services in an area separate from sleeping areas, such as counseling services, laundry facilities to serve the clients at the shelter, client storage area such as for the storage of bicycles or personal items, or similar services geared to homeless clients. All such DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA
areas and facilities shall be located within a building, with the exception of bicycle parking.
9. A waiting area shall be provided which contains a minimum of ten (10) square feet per bed provided at the facility. The waiting area shall be in a location not adjacent to the public right of way, shall be visually separated from public view by a minimum six (6) -foot tall screening of mature landscaping or by a minimum six (6) foot tall decorative masonry wall, and shall provide consideration of shade and protection from the elements.
10.Security and Safety. A staff member shall be on-premises at all times the facility is open to clients. Security and safety shall be addressed for both on and off-site needs, including provisions to address the separation of male/female sleeping areas as well as any family areas within the facility.
At a minimum, the plan shall contain provisions addressing security and safety.
11.Loitering Control. Measures regarding off-site controls to minimize the congregation of clients in the vicinity of the facility during hours that clients are not allowed on-site.
12.Management for Outdoor Areas. A system for daily admittance and discharge procedures, including monitoring for waiting areas, shall be developed to minimize disruption to nearby land uses.
13.Staff Training. A staff training program shall be maintained that provide adequate knowledge and skills necessary to assist clients in obtaining permanent shelter and income.
14.Communications. A communication and outreach plan shall be developed to maintain good communication and response to operational issues which may arise from the neighborhood, City staff, or the general public.
15.Client Eligibility. A screening program to determine client eligibility is required. The facility shall be required to utilize the Los Angeles County region’s current Homeless Management Information System.
16.Counseling Services. Provision of or links to counseling services are encouraged. Identify and describe the counseling programs to be provided as well as procedures that will be used to refer clients to outside assistance agencies. An annual report to the City on this activity is required.
17.Facility rules shall be conspicuously displayed in English and Spanish.
18.Litter Control. Litter and trash removal attributable to facility operations and its clients shall be provided. Graffiti shall be removed within twenty-four (24) hours.
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19.Any other reasonable additional specific needs identified by the planning director or police chief. (Ord. 13-1342 §7, 2013)
SECTION 31. Section 17.42.100 (Affordable housing density bonus and incentive program) of Chapter 17.42 (General Provisions, Conditions and Exceptional Uses) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby replaced as follows:
17.42.100 Affordable Housing
A. General Provisions.
1. Compliance with State Law. The provisions of this section shall be governed by the requirements of Government Code Section 65915, as that statute is amended from time-to-time. Where conflict occurs between the provisions of this chapter and state law, the state law provisions shall govern, unless otherwise specified.
2. Median Income Levels. For the purpose of determining the income levels for households under this section, the City shall use the Los Angeles County income limits found in Title 25, Section 6932 of the California Code of Regulations, as regularly updated and published by the State Department of Housing and Community Development, or other income limits set forth in the general plan housing element or adopted by the city council if the State Department of Housing and Community Development fails to provide regular updates.
3. Compatibility. All affordable housing units shall be dispersed within market-rate projects whenever feasible. Affordable housing units within market-rate projects shall be comparable with the design and use of market-rate units in appearance, use of materials, and finished quality. The design and appearance of the affordable housing units shall be compatible with the design of the total housing project and consistent with the surrounding neighborhood. Forms, materials and proportions that are compatible with the character of the surroundings shall be used.
4. Availability. All affordable housing units shall be constructed concurrently with, and made available for qualified occupants at the same time as, the market-rate housing units within the same project unless both the City and the developer agree in the affordable housing agreement to an alternative schedule for development.
5. Effect of Granting Density Bonus. The granting of a density bonus and other incentives provided for by this section shall not by virtue of such incentives require a general plan amendment, zone change, variance or other discretionary approval, unless such approval would otherwise be required.
B. State Affordable Housing Density Bonus.
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1. Density Bonus. Pursuant to Government Code Section 65915, the City shall grant a density bonus over the otherwise allowable maximum residential density permitted by this chapter and the general plan, in accordance with Government Code Section 65915 to 65918, inclusive.
2. Applicability. The provisions of subsection (B)(1) of this section shall be applicable to residential projects of five (5) or more units, and senior citizen housing developments of at least thirty-five (35) units.
3. Applicant May Request Smaller Density Bonus. Notwithstanding the foregoing, the City may award a smaller density bonus than specified in this section if the applicant so requests.
C. Affordable Housing Concessions and Incentives.
1. Number of Incentives or Concessions. In addition to a density bonus, an applicant is entitled to receive incentives or concessions in accordance with 65915.
2. Proposal of Incentives and Findings. An applicant may propose specific incentives or concessions that would contribute significantly to the economic feasibility of providing affordable units pursuant to this chapter and state law. In addition to any increase in density to which an applicant is entitled, the City shall grant one or more incentives or concessions that an applicant requests, up to the maximum number of incentives and concessions required pursuant to subsection (C)(1) of this section, unless the City makes a written finding that either:
a. The concession or incentive is not necessary in order to provide the proposed targeted units; or
b. The concession or incentive would have a specific adverse impact that can not be feasibly mitigated on public health and safety or the physical environment or any property that is listed in the California Register of Historical Resources.
3. Types of Affordable Housing Incentives. Affordable housing incentives may be requested in accordance with Government Code Section 65915. The City may allow for fast-track and priority processing for a project with affordable housing.
a. Other Incentives. Other regulatory incentives or concessions proposed by the developer or the City that result in
identifiable cost reductions or avoidance.
4. Additional Affordable Housing Incentives. The City may allow for additional affordable housing incentives to be granted on a caseby-case basis, when requested by an applicant when more than fifty (50) percent of the affordable housing units provided contain three (3) or more bedrooms to meet the needs of large families.
5. Lot Consolidation Bonus.
a. Multifamily residential developments proposed on lots zoned R-3, C-1, PF, SPA-11 or the Housing Element Sites Inventory DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA
Overlay (--HE) or allowing an equivalent or higher density meeting the minimum requirements for a density bonus
pursuant to Section 17.42.100 shall be granted an additional density bonus as an incentive to acquire and combine two (2) or more parcels into a single building site according to the following formula:
Combined Parcel Size Base Density Increase
Less than 0.50 acre No increase
0.50 Acre to 0.99 Acre 5% Increase
1.00 Acre or More 10% Increase
This lot consolidation bonus incentive shall be calculated prior to determining any density bonus pursuant to Section 17.42.100.
Such projects shall be restricted in compliance with Section
17.42.100(E).
b. Multifamily residential developments with less than five (5) units or a senior citizen housing development of less than thirty-five (35) units on lots zoned R-3, C-1, PF, SPA 11, or on the Housing Element Sites Inventory Overlay (--HE) or allowing an equivalent or higher density that otherwise meet the minimum requirements for a density bonus pursuant to Section 17.42.100 shall be granted reduced parking and lot development standards in Section
17.42.100(D)(3) as an incentive to acquire and combine two (2) or more parcels into a single building site. Such projects shall be restricted in compliance with Section 17.42.100(E).
c. Applications for lot consolidations pursuant to this section processed concurrently with other land use entitlements shall be granted expedited processing of planning and building
entitlements and no additional fee shall be charged for such expedited processing.
D. Administration.
1. Application and Review Process. A preliminary review of development projects proposed pursuant to this section is encouraged to discuss and identify potential application issues, including proposed modifications to development standards. The applicant shall request in the application the incentives the applicant wishes to obtain. The application shall include financial data showing how the incentives are necessary to make the affordable units feasible. Applications shall be reviewed and processed according to the provisions of Chapter 17.58, Precise Development Plans.
2. Duration of Affordability of Rental Units. All lower income and very low income housing units shall be kept affordable for a minimum DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA
period of fifty-five (55) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program, consistent with state law.
3. Definition of Affordability. Those units targeted for lower income households shall be affordable at a rent that does not exceed thirty (30) percent of sixty (60) percent of the area median income. Units targeted for very low income households shall be affordable at a rent that does not exceed thirty (30) percent of fifty (50) percent of area median income. Units targeted for moderate income households shall be affordable at a rent that does not exceed thirty-five (35) percent of one hundred ten (110) percent of area median income.
Median income levels shall be the income limits for Los Angeles County households as provided for in subsection (A)(3) of this section, Median Income Levels.
4. Affordable Housing Agreement Required. An affordable housing agreement is required for all projects with affordable housing units, including those granted a density bonus pursuant to this section. All affordable housing projects shall be subject to the approval of an affordable housing agreement conforming to the provisions of Title 7, Division 1, Chapter 4, Article 2.5 of the Government Code, which shall be recorded as a covenant on the title to the parcel or parcels on which the affordable housing units will be constructed. The terms of the agreement shall be reviewed and revised as appropriate by the director and city attorney. This agreement shall include, but is not limited to, the following:
a. Number of Units. The total number of units approved for the projects, including the number of affordable housing units. b. Target Units. The location, unit sizes (in square feet) and number of bedrooms of the affordable housing units.
c. Target Group. A description of the household income groups to be accommodated by the project and a calculation of
the affordable rent or sales price, or a commitment to
provide a senior citizen housing development.
d. Certification Procedures. The party responsible for certifying rents or sales prices of inclusionary units, and the process that will be used to certify renters or purchasers of such units. e. Schedule. A schedule for the completion and occupancy of the affordable housing units.
f. Remedies for Breach. A description of the remedies for breach of the agreement by either party.
g. Required Term of Affordability. For moderate income, lower income and very low income units, duration of affordability of the housing units, pursuant to Government Code Section 65915 Provisions should also cover resale control and deed DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA
restrictions on targeted housing units that are binding on property upon sale or transfer.
h. Expiration of Agreement. Provisions covering the expiration of the agreement, including notice prior to conversion to
market rate units and right of first refusal option for the City and/or the distribution of accrued equity for for-sale units. i. Other Provisions. Other provisions to ensure implementation and compliance with this chapter.
j. Condominium and Planned Unit Developments. In the case of condominium and planned unit developments, the
affordable housing agreement shall provide for the following conditions governing the initial sale and initial resale and use of affordable housing units:
1. Target units shall, upon initial sale, be sold to eligible very low, lower, or moderate income households at an
affordable sales price and housing cost, or to qualified residents as defined by this chapter.
2. Target units shall be initially owner-occupied by eligible very low, lower, or moderate income households.
3. Upon resale, the seller of a target unit shall retain the value of any improvements, the down payment, and
the seller’s proportionate share of appreciation. The City shall recapture its proportionate share of appreciation, which shall be used to promote home ownership
opportunities as provided for in Health and Safety Code Section 33334.2. The City’s proportionate share shall be equal to the percentage by which the initial sale price to the targeted household was less than the fair market value of the dwelling unit at the time of initial sale. k. Rental Housing Developments. In the case of rental housing developments, the affordable housing agreement shall
provide for the following conditions governing the use of target units during the use restriction period:
1. The rules and procedures for qualifying tenants,
establishing affordable rent rates, filling vacancies, and maintaining target units for qualified tenants.
2. Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate
compliance with this chapter.
3. Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income
of each person occupying target units, and which
identifies the bedroom size and monthly rent or cost of each target unit.
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5. Notice of Conversions. Notice of conversions of affordable units to market-rate units shall be provided pursuant to the following requirements:
a. General. At least a one (1) year notice shall be required prior to the conversion of any rental units for affordable
households to market-rate.
b. Required Notice. Notice shall be given to the following:
1. The City;
2. The State Housing and Community Development
Department (HCD);
3. The Los Angeles County Housing Authority;
4. The residents of the affordable housing units proposed to be converted; and
5. Any other person deemed appropriate by the City.
6. Conversion of Affordable Rental Units. If an owner of a housing development issues a notice-of-intent to convert affordable housing rental units to market-rate housing, the City shall consider taking one (1) or more of the following actions:
a. Meet with the owner to determine the owner’s financial objectives;
b. Determine whether financial assistance to the current owner will maintain the affordability of the rental housing
development or whether acquisition by another owner
dedicated to maintaining the affordability of the
development would be feasible; and
c. If necessary to maintain the affordability of the housing unit or facilitate sale of the rental development, consider the use of redevelopment housing set-aside funds or assistance in accessing state or federal funding.
1. SECTION 32. Section 17.42.120 (Housing accessibility – Reasonable accommodation for disability.) of Chapter 17.42 (General Provisions, Conditions and Exceptional Uses) of Title 17 (Zoning) of the Hermosa Beach Municipal Code shall be replaced as follows:
17.42.120 Housing accessibility – Reasonable accommodation for disability A. Purpose and Applicability.
1. This section provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Fair Housing Laws in the application of zoning laws, building codes, and other land use regulations, policies and procedures. Fair Housing Laws means "Fair Housing Amendments Act of DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA
1988" (42 U.S.C. Section 3601, et seq.), including reasonable accommodation required by 42 U.S.C. Section 3604(f)(3)(B), and the "California Fair Employment and Housing Act" (California Government Code Section 12900, et seq.), including reasonable accommodation required specifically by California Government Code
Sections 12927(c)(1) and 12955(l), as any of these statutory provisions now exist or may be amended from time to time.
2. A request for reasonable accommodation may be made by any person with a disability, his/her representative, or any business or property owner when the application of a zoning law, building code provision or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment, as those terms are defined in the Fair Housing Laws.
3. A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by this section.
4. It is the intent of this section that, notwithstanding time limits provided to perform specific functions, application review, decision making and appeals proceed expeditiously, especially where the request is time sensitive, and so as to reduce impediments to equal access to housing.
B. Application Submittal.
1. Any person with a disability may request a reasonable accommodation on a form supplied by the community development department including the following information, accompanied by a fee established by resolution of the city council:
a. The applicant’s or representative’s name, mailing address and daytime phone number;
b. The address of the property for which the request is being made; c. The specific code section, regulation, procedure or policy of the City from which relief is sought;
d. A site plan or illustrative drawing showing the proposed accommodation;
e. An explanation of why the specified code section, regulation, procedure or policy is preventing, or will prevent, the applicant’s use and enjoyment of the subject property;
f. The basis for the claim that the Fair Housing Laws apply to the individual(s) and evidence satisfactory to the City supporting the claim, which may include a letter from a medical doctor or other DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA
licensed health care professional, a disabled license, or any other appropriate evidence;
g. A detailed explanation of why the accommodation is reasonable and necessary to afford the applicant an equal opportunity to use and enjoy a dwelling in the City;
h. Verification by the applicant that the property is the primary residence of the person(s) for whom reasonable accommodation is requested; and
i. Any other information required to make the findings required by subsection (D) of this section consistent with the Fair Housing Laws.
2. A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing.
3. A reasonable accommodation does not affect or negate an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation.
4. If an individual needs assistance in making the request for reasonable accommodation, the City shall provide assistance to ensure that the process is accessible.
5. Should the request for reasonable accommodation be made concurrently with a discretionary permit, then the fee for a reasonable accommodation application may be waived provided that the prescribed fee shall be paid for all other discretionary permits.
C. Reviewing Authority.
1. Applications for reasonable accommodation shall be reviewed by the Community Development Director or designee.
D. Findings. The reviewing authority shall approve the request for a reasonable accommodation if, based upon all of the evidence presented, the following findings can be made:
1. The housing, which is the subject of the request for reasonable accommodation, will be occupied by an individual with disabilities protected under Fair Housing Laws;
2. The requested accommodation is reasonable and necessary to make housing available to an individual with disabilities protected under the Fair Housing Laws;
3. The requested accommodation will not impose an undue financial or administrative burden on the City, as defined in the Fair Housing Laws and interpretive case law; and
4. The requested accommodation will not require a fundamental alteration in the nature of the City’s zoning or building laws, policies and/or procedures, as defined in the Fair Housing Laws and interpretive case law. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City’s zoning or building program:
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a. Whether the requested accommodation would introduce uses not otherwise permitted in the neighborhood; and
b. Whether granting the requested accommodation would
substantially undermine any express purpose of either the City’s general plan or an applicable specific plan.
E. Decision.
1. The review authority shall consider an application, and issue a written determination within forty (40) calendar days of the date of receipt of a completed application.
2. If necessary to reach a determination on any request for reasonable accommodation, the review authority may request further information from the applicant consistent with this section, specifying in detail what information is required. In the event a request for further information is made, the applicable time period to issue a written determination shall be stayed until the applicant reasonably responds to the request.
3. The review authority’s written decision shall set forth the findings, any conditions of approval, notice of the right to appeal, and the right to request reasonable accommodation on the appeals process, if necessary. The decision shall be mailed to the applicant.
4. The reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this section.
5. In making the approval findings in subsection (D) of this section, the review authority may approve alternative reasonable
accommodations that provide an equivalent level of benefit to the applicant.
6. The written decision of the reviewing authority shall be final unless appealed in the manner set forth below.
7. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.
8. Where the improvements or modifications approved through a reasonable accommodation would generally require a variance, a variance shall not be required.
F. Appeals.
1. The decision on a reasonable accommodation may be appealed to the city council within ten (10) calendar days of the issuance of a written decision.
2. The appeal shall be made in writing including a statement of the grounds for appeal, and accompanied by a fee established by resolution of the city council.
3. The city council shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than sixty (60) calendar days after an appeal has been filed. All determinations DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA
shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken.
4. The City shall provide notice of an appeal hearing to the applicant.
The council shall announce its findings within forty (40) calendar days of the hearing, unless good cause is found for an extension, and the decision shall be mailed to the applicant. The council’s action shall be final.
5. If an individual needs assistance in filing an appeal on an adverse decision, the City shall provide assistance to ensure that the appeals process is accessible.
G. Waiver of Time Periods. Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this section or may request a continuance regarding any decision or consideration by the City of a pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the City, shall not constitute failure by the City to provide for prompt decisions on applications and shall not be a violation of any required time period set forth in this section.
H. Notice to the Public of Availability of Accommodation Process. The City shall prominently display in the public areas of the community development department at City Hall a notice advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this section. City employees shall direct individuals to the display whenever they are requested to do so or reasonably believe that individuals with disabilities or their representatives may be entitled to a reasonable accommodation.
I. Expiration, Time Extension, Violation, Discontinuance, and Revocation.
1. Any reasonable accommodation approved in accordance with the terms of this section shall expire within twenty-four (24) months from the effective date of approval or at an alternative time specified as a condition of approval unless:
a. A building permit has been issued and construction has commenced;
b. A certificate of occupancy has been issued;
c. The use is established; or
d. A time extension has been granted.
2. The community development director may approve a time extension for a reasonable accommodation for good cause for a period or periods not to exceed three (3) years. An application for a time extension shall be made in writing to the community development department no less than thirty (30) days or more than ninety (90) days prior to the expiration date.
3. Notice of the director’s decision on a time extension shall be provided as specified in subsection (E)(3) of this section.
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4. Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith.
5. An accommodation is granted to an individual and shall not run with the land unless the director finds that the modification is physically integrated on the property and cannot feasibly be removed or altered. Any change in use or circumstances that negates the basis for the granting of the approval may render the reasonable accommodation null and void and/or revocable by the City, and thereafter the reasonable accommodation may be required to be removed or substantially conformed to the code if reasonably feasible.
J. Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application and shall be processed in accordance with the requirements of this section. The community development director may waive the requirement for a new application and approve the changes if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval.
SECTION 33. Section 17.42.170 (Lot consolidation incentives for affordable multifamily development) of Chapter 17.42 (General Provisions, Conditions and Exceptional Uses) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby deleted:
A. Multifamily residential developments proposed on lots zoned R-3 or allowing an equivalent or higher density meeting the minimum requirements for a density bonus pursuant to Section 17.42.100 shall be granted an additional density bonus as an incentive to acquire and combine two (2) or more parcels into a single building site according to the following formula:
Combined Parcel Size Base Density Increase
Less than 0.50 acre No increase
0.50 Acre to 0.99 Acre 5% Increase
1.00 Acre or More 10% Increase
This lot consolidation bonus incentive shall be calculated prior to determining any density bonus pursuant to Section 17.42.100. Such projects shall be restricted in compliance with Section 17.42.100(E).
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B. Multifamily residential developments with less than five (5) units or a senior citizen housing development of less than thirty-five (35) units on lots zoned R-3 or allowing an equivalent or higher density that otherwise meet the minimum requirements for a density bonus pursuant to Section 17.42.100 shall be granted reduced parking and lot development standards in Section 17.42.100(D)(3) as an incentive to acquire and combine two (2) or more parcels into a single building site. Such projects shall be restricted in compliance with Section 17.42.100(E).
C. Applications for lot consolidations pursuant to this section processed concurrently with other land use entitlements shall be granted expedited processing of planning and building entitlements and no additional fee shall be charged for such expedited processing. (Ord. 13-1341 §10, 2013) SECTION 34. Chapter 17.42.210 (Emergency shelters) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows:
This section sets forth requirements for the establishment and operation of emergency shelter facilities.
A. Permit and Operational Requirements. The approval and operation of an emergency shelter shall be subject to the following requirements:
1. Administrative Permit Required. Emergency shelters may be established and operated in the R-3, C-3, SPA-7 and SPA-8 zoning districts subject to the granting of an administrative permit in compliance with Chapter 17.55.
2. Management and Operations Plan. An application for an administrative permit to establish and operate an emergency shelter shall be accompanied by a management plan, which shall establish hours of operation, staffing levels and training procedures, maximum length of stay, size and location of exterior and interior onsite waiting and intake areas, admittance and discharge procedures, provisions for on-site or off-site supportive services, on-site and off-site security procedures, and protocols for communications with local law enforcement agencies and surrounding property owners.
B. Development Standards. Emergency shelters shall conform to the following standards.
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1. The maximum number of beds shall be ten (10). An additional four (4) beds may be provided for children under the age of eighteen (18) with a parent or guardian within designated family units.
2. A minimum separation of three hundred (300) feet, measured from the property line, shall be maintained between all emergency shelters.
3. Separate private shower and toilet facilities shall be provided for men, women and families.
4. Alcohol and narcotics use and consumption are prohibited both within the facility and on the property. No amplified music or sound is allowed. No animals are permitted (except guide dogs for the disabled or ordered by a doctor for medical reasons).
5. Bicycle racks or bicycle lockers for three (3) bicycles shall be provided onsite near the facility.
6. Stays at the facility shall be on a first-come first-served basis. Clients may be admitted to the facility only between 6:00 p.m. and 8:00 a.m.
The facility may remain open twenty-four (24) hours a day only if providing onsite accessory services. Clients have no guaranteed bed for the next night. The maximum length of stay at the facility shall not exceed one hundred eighty (180) days in a three hundred sixty-five (365) day period.
7. The facility may provide the following services in an area separate from sleeping areas, such as counseling services, laundry facilities to serve the clients at the shelter, client storage area such as for the storage of bicycles or personal items, or similar services geared to homeless clients. All such areas and facilities shall be located within a building, with the exception of bicycle parking.
8. A waiting area shall be provided which contains a minimum of ten (10) square feet per bed provided at the facility. The waiting area shall be in a location not adjacent to the public right of way, shall be visually separated from public view by a minimum six (6) -foot tall screening of mature landscaping or by a minimum six (6) foot tall decorative masonry wall, and shall provide consideration of shade and protection from the elements.
9. Security and Safety. A staff member shall be on-premises at all times the facility is open to clients. Security and safety shall be addressed for both on and off-site needs, including provisions to address the separation of male/female sleeping areas as well as any family areas DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA
within the facility. At a minimum, the plan shall contain provisions addressing security and safety.
10.Loitering Control. Measures regarding off-site controls to minimize the congregation of clients in the vicinity of the facility during hours that clients are not allowed on-site.
11.Management for Outdoor Areas. A system for daily admittance and discharge procedures, including monitoring for waiting areas, shall be developed to minimize disruption to nearby land uses.
12.Staff Training. A staff training program shall be maintained that provide adequate knowledge and skills necessary to assist clients in obtaining permanent shelter and income.
13.Communications. A communication and outreach plan shall be developed to maintain good communication and response to operational issues which may arise from the neighborhood, City staff, or the general public.
14.Client Eligibility. A screening program to determine client eligibility is required. The facility shall be required to utilize the Los Angeles County region’s current Homeless Management Information System.
15.Counseling Services. Provision of or links to counseling services are encouraged. Identify and describe the counseling programs to be provided as well as procedures that will be used to refer clients to outside assistance agencies. An annual report to the City on this activity is required.
16.Facility rules shall be conspicuously displayed in English and Spanish.
17.Litter Control. Litter and trash removal attributable to facility operations and its clients shall be provided. Graffiti shall be removed within twenty-four (24) hours.
SECTION 35. Chapter 17.42.220 (Supportive Housing) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows:
A. Supportive and Transitional Housing. Pursuant to California Government Code Section 65583(c)(3), transitional and supportive housing constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same zoning district.
B. Up to 50 Units Permitted By Right. Pursuant to California Government Code Section 65651, supportive housing development with up to 50 supportive housing units shall be permitted by right in all zones where multi-family and DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA
mixed-use residential development are permitted provided the development satisfies all of the following requirements:
1. All supportive housing units within the development are subject to a recorded affordability restriction for 55 years.
2. One hundred percent of the units, excluding managers' units, within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income Californians. For purposes of this paragraph, “lower income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code.
3. At least 25 percent of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than 12 units, then 100 percent of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing.
4. The developer shall provide the information required by California Government Code Section 65652 to the Planning Division.
5. Nonresidential floor area shall be used for onsite supportive services in the following amounts:
a. For a development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive services.
6. For a development with more than 20 units, at least 3 percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.
7. The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in paragraph (3) of subdivision (c) of Section 65915.
8. Units within the development, excluding managers' units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.
9. Notwithstanding any other provision of this Section to the contrary, the local government shall, at the request of the project owner, reduce the number of residents required to live in supportive housing if the project-based rental assistance or operating subsidy for a supportive housing project is terminated through no fault of the DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA
project owner, but only if all of the following conditions have been met:
a. The owner demonstrates that it has made good faith efforts to find other sources of financial support.
b. Any change in the number of supportive service units is restricted to the minimum necessary to maintain project's financial feasibility.
c. Any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.
10.Over 50 units, a conditional use permit is required.
SECTION 36. Chapter 17.42.230 (Residential Care Facilities - Large) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows:
A. Permit and Operational Requirements. The approval and operation of an emergency shelter shall be subject to the following requirements:
1. Administrative Permit Required. Emergency shelters may be established and operated in the C-3, SPA-7 and SPA-8 zoning districts subject to the granting of an administrative permit in compliance with Chapter 17.55.
2. Management and Operations Plan. An application for an administrative permit to establish and operate an emergency shelter shall be accompanied by a management plan, which shall establish hours of operation, staffing levels and training procedures, maximum length of stay, size and location of exterior and interior onsite waiting and intake areas, admittance and discharge procedures, provisions for on-site or off-site supportive services, on-site and off-site security procedures, and protocols for communications with local law enforcement agencies and surrounding property owners.
B. Requirements for a Large Residential Care Facility. Large residential care facilities shall conform to the following requirements:
1. A Large Residential Care Facility may only be located within a zone that permits them.
2. All facilities shall comply with the development standards of the zone which they are located.
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3. Separation. Minimum distance from any other Residential Facility shall be 300 feet as specified by State Health and Safety Code Section 1267.9
4. Parking shall be provided in accordance with the applicable requirements of the primary residential use of the property. Refer to Section 17.44.020.
5. Restrictions to ensure compliance with City noise regulations (Municipal Code Chapter 8.24) may be placed on the operation of the care facility, including but not limited to the time and location of outdoor activities.
6. Adequate space for loading and unloading persons shall be available or shall be provided on the site.
7. Management shall ensure that a manager is on duty at all times the facility is operating.
8. The applicant shall submit a Programming Plan to detail daily operations.
SECTION 37. Chapter 17.42.240 (Low Barrier Navigation Centers) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows:
A. The purpose of this chapter is to establish development standards for lowbarrier navigation centers and to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances of state law, specifically Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with California Government Code Section 65660.
B. The provisions of this chapter shall apply to all low-barrier navigation center projects.
C. An Administrative Permit in accordance with Chapter 17.55 is required prior to establishment of any low-barrier navigation center project meeting either of the following criteria. The permit shall be a ministerial action without discretionary review or a hearing. The City shall notify a developer whether the developer’s application is complete within 30 days, pursuant to California Government Code Section 65943. Action shall be taken within 60 days of a complete application being filed.
D. A low-barrier navigation center development is a use by-right in areas zoned for mixed-use and nonresidential zones permitting multifamily uses, if it meets the following requirements:
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1. Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.
2. Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
3. Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
4. Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
SECTION 38. Chapter 17.42.250 (Work/live developments.) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows:
A. Purpose. This purpose of this section is to allow and establish requirements for work/live developments. Units within work/live developments are intended to allow for a non-residential primary use, with an accessory residential use, which together foster creative and innovative industrial uses.
B. Applicability. Work/live units are allowed in the M-1 zoning district.
C. General Provisions.
1. Work/live units must be located in a development, building, or structure approved and permitted for such use. This section is not intended to allow conversion of non-residential spaces in a fully nonresidential building into full or partial residential spaces.
2. The non-residential component of work/live units must comply with the uses set forth in Section 17.28.020 (Permitted uses).
3. The non-residential and the residential units must be occupied by the same tenant.
4. Residential areas are permitted above or behind the non-residential component, provided that there is internal access between the residential and non-residential unit.
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5. The non-residential component shall be operated indoors and shall not be conducted in any required yard or parking area.
6. Signage intended to promote on-site non-residential uses shall comply with Section 17.50.150.
7. The external access for the non-residential component shall be oriented to the street and should have at least one external entrance/exit separate from the residential space. The entrance to the non-residential component shall be located on the ground level.
8. The work/live unit shall be required to provide parking in accordance with Chapter 17.44 (Off-Street Parking).
9. The non-residential use shall not generate external noise, odor, glare, vibration or electrical interference detectable to the normal sensory perception by adjacent neighbors.
10.No explosive, toxic, combustible or flammable materials in excess of what would be allowed incidental to normal residential use shall be stored or used on the premises.
D. Short term rentals prohibited. It shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation or consideration a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty (30) consecutive days. It shall be unlawful for any person to occupy a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty (30) consecutive days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or consideration.
SECTION 39. Chapter 17.42.260 (Building Design Guidelines.) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows:
A. Articulation. No façade facing a public right-of-way shall run in a continuous plane of more than 10 feet without incorporating one or more of the following:
1. A vertical wall shift at least two feet in depth.
2. A change in material. The material change shall be a minimum of three feet wide and a minimum of one story.
3. A window or building entrance.
4. A projection such as a stoop, bay, or overhang.
5. Alternative designs to accommodate a complete architectural style may be approved through the Modification process provided adequate design features have been incorporated to create visual variety and avoid a bulky or monolithic appearance.
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SECTION 40. Section 17.44.020 (Off-street parking – Residential uses.) of Chapter 17.44 (Off-Street Parking) of Title 17 (Zoning) of the Hermosa Beach Municipal Code shall be replaced as follows:
The aggregate amount of off-street automobile parking spaces provided in connection with each of the following uses shall be not less than the following:
Residential Housing Type Parking Requirement
A. One (1) family dwelling; Two (2) off-street parking spaces plus one (1) guest space.
B. Duplex or two (2) family dwelling;
Exception: Density Bonus Projects
Two (2) off-street parking spaces for
each unit plus one (1) guest space.
One (1) additional space of on-site
guest parking shall be provided for
each on-street space lost because
of new curb cuts and/or driveways.
C. Multiple dwellings (three (3) or
more units); Exception: Density
Bonus Projects
Spaces per each dwelling unit:
Zero to one bedroom: 1.5 spaces
Two bedrooms: 2 spaces
Three+ bedrooms: 2.5 space; plus
one (1) guest space for each two
(2) dwelling units; plus
one (1) additional space for each
on-street space lost because of new
curb cuts and/or driveways.
D. Supportive or transitional housing Parking requirement for residential use. Exception: no parking required
if within ½ mile of public transit stop.
E. Junior accessory dwelling unit and
accessory dwelling unit
Refer to Section 17.21.050(F).
F. Density bonus projects; Projects
with over 20% affordable units;
Senior housing
(Maximum Requirement per unit)
(1) Zero to one bedroom: one (1)
parking space.
(2) Two to three bedrooms: one and
a half (1.5) parking spaces.
(3) Four and more bedrooms: two
and one-half (2.5) parking spaces.
G. Residential Care Facilities – Small. Same as the Residential Housing Type
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H. Residential Care Facilities – Large;
Assisted Living Facility
1 for every 3 beds
I. Emergency Shelters; Low Barrier
Navigation Centers
One (1) space for each staff
member or employee on duty.
SECTION 41. Section 17.44.030 (Off-street parking – Commercial and business uses.) of Chapter 17.44 (Off-Street Parking) of Title 17 (Zoning) of the Hermosa Beach Municipal Code shall be replaced as follows:
Required Number of Spaces by Use. The aggregate amount of off-street automobile parking spaces provided for various uses shall not be less than the following, unless a parking plan approved by the planning commission pursuant to 17.44.210 allows for a reduction in the number of spaces required.
A. Assembly halls: one (1) space for each five (5) seats, permanent or removable, or one (1) space for each fifty (50) square feet of gross floor area in the assembly hall, whichever is greater.
B. Automobile or boat sales: one (1) space for each one thousand (1,000) square feet of site area.
C. Bowling alleys: five (5) spaces for each lane plus one (1) space for each three hundred (300) square feet of gross floor area except bowling alley lanes and approach areas.
D. Clubs, fraternity and sorority houses, rooming and boarding houses and similar uses having sleeping and guest rooms: two (2) covered spaces for each three (3) guest rooms; in dormitories each fifty (50) square feet shall be considered a guest room; two (2) spaces shall be required for each guest room with kitchen facilities.
E. Commercial Uses.
1. Bars and cocktail lounges: one (1) space for each eighty (80) square feet of gross floor area.
2. Beauty colleges: one (1) space for each one hundred (100) square feet of gross floor area.
3. Business schools and trade schools: one (1) space for each one hundred (100) square feet of gross floor area.
4. Furniture and hardware stores: one (1) space for each two hundred fifty (250) square feet of gross floor area.
5. Offices, general: one (1) space for each two hundred fifty (250) square feet of gross floor area.
6. Offices, Governmental and Public Utilities. Government offices that generate high levels of contact with the public, or have high numbers DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA
of employees, including but not limited to employment offices, public social services offices, Department of Motor Vehicle offices: one (1) space per seventy-five (75) square feet of gross floor area for the first twenty-thousand (20,000) square feet of the building(s), plus one (1) space per two hundred fifty (250) square feet of gross floor area for the remaining floor area.
7. Offices, medical: five (5) spaces for each one thousand (1,000) square feet of gross floor area.
8. Restaurants: one (1) space for each one hundred (100) square feet of gross floor area plus one (1) per 200 square feet of on-site outdoor seating area in excess of 400 square feet.
9. Retail, general retail commercial uses: one (1) space for each two hundred fifty (250) square feet of gross floor area.
10.Gymnasiums/health and fitness centers, as follows:
a. Less than or equal to three thousand (3,000) square feet and with less than or equal to twenty (20) students at one time if classes are offered: one (1) space per two hundred fifty (250) square feet of gross floor area.
b. Greater than three thousand (3,000) square feet but not more than six thousand (6,000) square feet, or with more than forty (40) students at one time if classes are offered: one (1) space per two hundred (200) square feet of gross floor area.
c. Greater than six thousand (6,000) square feet, or with more than forty (40) students at one time if classes are offered: one (1) space per one hundred (100) square feet of gross floor area.
F. Hospitals: two (2) spaces for each patient bed.
G. Hospitals (mental), convalescent homes, guest homes, rest homes, sanitariums, assisted living facilities, and similar institutions: one (1) space for each three (3) beds.
H. Hotels: one (1) space for each unit for the first fifty (50) units; one (1) space per one (1) and one-half (1/2) units after fifty (50); and one (1) space per two (2) units after one hundred (100) units. Hotels with facilities including restaurants, banquet rooms, conference rooms, commercial retail uses and similar activities shall provide parking for the various uses as computed separately in accordance with the provisions of this chapter.
I. Industrial Uses. The parking requirements of this subsection apply only to industrial uses; parking for commercial and other permitted uses in industrial zones shall provide the number of spaces as otherwise specified by this chapter.
1. Industrial uses of all types, except, public utility facilities and warehouses:
one (1) space for each vehicle used in conjunction with the use; plus DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA
one (1) space for each three hundred (300) square feet of gross floor area.
2. Warehouses, buildings or portions of buildings used exclusively for warehouse purposes: one (1) space for each one thousand (1,000) square feet for the first twenty thousand (20,000) square feet; plus, one (1) space for each two thousand (2,000) square feet for the second twenty thousand (20,000) square feet; plus one (1) space for each four thousand (4,000) square feet in excess of forty thousand (40,000) square feet; plus one (1) space for each vehicle operated from the property.
Prior to approval of a warehouse use by the , a covenant shall be recorded, guaranteeing the warehouse area, facility or building will not be converted, remodeled or changed to a nonwarehouse use unless the number of spaces otherwise required by this chapter are secured and provided prior to such change or unless approved by planning commission in accordance with this chapter.
J. Mobilehomes or trailer parks: two (2) spaces for each dwelling unit with at least one (1) space adjacent to the trailer site.
K. Mortuaries or undertaking establishments: one (1) space for each seventy-five (75) square feet of building area for the chapel or public assembly area.
L. Motels: one (1) space for each unit, plus two (2) for the manager’s unit.
M. Recreation or amusement establishments: one (1) space for each seventy-five (75) square feet of gross floor area.
N. Service stations: one (1) space for each one thousand (1,000) square feet of site area.
O. Snack Bar/Snack Shop. The parking requirements for a snack bar and/or snack shop shall be the same as that for a restaurant.
P. Short-term vacation rentals in commercial zones: one (1) space per bedroom, in no case less than one (1) space per unit and a maximum of two (2) spaces per unit being required.
Q. Residential Uses – refer to 17.44.020
1. Supportive and Transitional Housing
2. Residential Care Facilities
3. Residential Care Facilities
4. Low Barrier Navigation Center
5. Emergency Shelters
SECTION 42. Chapter 17.55 (Administrative Permits) of Title 17 (Zoning) of the Hermosa Beach Municipal Code shall be replaced as follows:
17.55.010 Authority to grant.
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The community development department may grant administrative permits for all such uses and matters required by this title to be reviewed and allowed only upon the granting of an administrative permit.
17.55.020 Purpose.
The purpose of an administrative permit is to ensure that a proposed use or matter for which an administrative permit is required complies with the standards, limitations and other regulations applicable to the subject use or matter.
17.55.030 Application filing.
Prior to the establishment of any use or grant of any or entitlement for which an administrative permit administered by this section is required by this title or Code, an application for an administrative permit, signed by a property owner, lessee or business owner shall be filed with the community development department upon a form furnished by the department. The application shall include a site plan, drawings and information in sufficient detail to demonstrate compliance with the regulations applicable to the subject use or matter, accompanied by a fee set by resolution of the city council.
17.55.030 Required Findings.
The review authority must make all of the following findings to approve or conditionally approve an Administrative Permit application. The inability to make one or more of the findings is grounds for denial of an application.
A. The proposed use is allowed within the applicable zone with Administrative Permit approval, and complies with all other applicable provisions of this Zoning Ordinance and the Municipal Code;
B. The proposed use is consistent with the General Plan and any applicable specific plan;
C. The site is physically adequate for the type, density, and intensity (e.g., number of employees and customers) of use being proposed, including provision of services (e.g., sanitation and water), public access, and the absence of physical constraints;
D. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses on site and in the vicinity of the subject property; and
E. The establishment, maintenance, or operation of the proposed use at the location proposed will not endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, interest, safety, or the general welfare of persons residing or working in the vicinity of the proposed use.
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17.55.040 Report of decision.
Except as set forth below, the community development director shall issue the administrative permit no more than thirty (30) days following the filing of a complete application therefor. Approval will be based upon determining the request complies with the standards, limitations and other regulations in the governing section, which may include the imposition of conditions and limitations to ensure the permit is consistent with said requirements intended to protect the public health, safety and welfare; otherwise, the director shall deny the application and provide the applicant a written statement of the reasons the permit cannot be issued. The applicant shall be advised in writing of the right to appeal the director’s decision pursuant to Section 17.55.050.
Notwithstanding above, permits for accessory dwelling units and/or junior accessory dwelling units shall be decided within one hundred twenty (120) days of receipt of a complete application and subject to the provisions outlined in Chapter 17.21.
17.55.050 Effective date–Appeals.
A. Notwithstanding 17.55.050(C), decisions of the community development director may be appealed to the planning commission by filing an appeal within fifteen (15) days of the director’s decision; provided, that upon affixing the signature of the applicant to an issued permit, the permit shall become effective and the right to appeal shall be waived. Appeals shall be filed in writing with the community development department accompanied by a fee set by resolution of the city council. Notice of hearing shall be given to the applicant at least ten (10) days prior to the hearing, unless the applicant agrees to waive the requirement so that the matter may be heard at an earlier time. The commission’s review shall be limited to a determination of whether the application complies with the requirements of the applicable governing section(s). The filing of an appeal within such time shall stay the effective date of the decision until the commission has acted on the appeal. The commission’s decision shall be final and conclusive, unless the governing section specifically provides for a direct or subsequent appeal to the city council.
B. Appeals to the city council shall be filed with the city clerk accompanied by a fee set by resolution of the city council. The filing of an appeal within ten (10) days shall stay the effective date of the decision until the council has acted on the appeal as hereinafter set forth in this title. Upon receipt of a written appeal, the planning commission shall transmit to the council the planning commission’s complete record of the case. Notice of hearing shall DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA
be given to the applicant at least ten (10) days prior to the hearing, unless the applicant agrees to waive the requirement so that the matter may be heard at an earlier time. The council shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than sixty (60) days after an appeal has been filed unless requested by the applicant. The council’s review shall be limited to a determination of whether the application complies with the requirements of the governing section. The council shall announce its findings within forty (40) calendar days of the hearing, unless good cause is found for an extension, and the decision shall be mailed to the applicant. The council’s decision shall be final and conclusive.
C. Ministerial or non-discretionary Administrative Permits are not eligible for appeal.
17.55.060 Reapplication upon denial.
After the denial of an administrative permit has become final, no further application for the same administrative permit shall be filed for the same property for the ensuing six months, unless the project has been revised so as to eliminate the decision making body’s previous objections to the project.
Said revision shall require a completely new application process and payment of fees.
17.55.070 Revocation.
Any administrative permit may be revoked by the director or the decision making body for any of the following causes:
A. That any term or condition has not been complied with; B. That the property for which the administrative permit has been granted is used or maintained in violation of any statute, law, regulation or condition of approval;
C. That the use for which the administrative permit was granted has not been exercised for at least twelve (12) consecutive months, or has ceased to exist, or has been abandoned;
D. The administrative permit has been issued for a short-term vacation rental, which has received three (3) affirmed violations of the ordinance codified in this section or any of the City’s quality of life ordinances, such as noise violations, disturbing the peace, or creating a public nuisance, within a 12- month period; or,
E. That the use for which the administrative permit was granted has been so exercised as to be detrimental to the public health or safety or so as to constitute a nuisance.
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A hearing to show cause why the permit should not be revoked shall be held by the issuing body prior to the revocation of any administrative permit. Written notice shall be provided the permit holder at least ten (10) days prior to the hearing stating the reasons therefor. (Ord. 19-1395 §7, 2019)
17.55.080 Expiration.
An administrative permit shall expire at the conclusion of the permitted use or activity, not to exceed one year from the effective date if no expiration or term is stated therein, and the property shall thereafter be used in compliance with the provisions of this Title and Code.
SECTION 43. Chapter 17.56 (Conditional Use Permits) of Title 17 (Zoning) of the Hermosa Beach Municipal Code shall be replaced as follows:
17.56.010 Authority to grant.
A. The planning commission may grant conditional use permits for residential planned developments and commercial planned developments.
B. The planning commission may grant conditional use permits upon application for all such matters as by this ordinance are required to be reviewed and allowed only upon the granting of a conditional use permit.
17.56.020 Purpose.
The purpose of a conditional use permit shall be:
A. To assure that the degree of compatibility shall be maintained with respect to the particular use on the particular site and in consideration of other existing and potential uses within the general area in which such use is proposed to be located; and
B. To recognize and compensate for variations and degree of technological processes and equipment as related to the factors of noise, smoke, dust, fumes, vibration, odors and hazards.
17.56.030 Applicability
Approval of a Use Permit is required for uses or developments specifically identified in any section of this Title which requires a Use Permit.
17.56.040 Criteria for review.
In reviewing any conditional use permit for any use, the following criteria for granting said permit shall be considered:
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A. Distance from existing residential uses;
B. The amount of existing or proposed off-street parking facilities, and its distance from the proposed use;
C. Location of and distance to churches, schools, hospitals and public playgrounds;
D. The combination of uses proposed;
E. Precautions taken by the owner or operator of the proposed establishment to assure the compatibility of the use with surrounding uses; F. The relationship of the proposed business-generated traffic volume and the size of streets serving the area;
G. The proposed exterior signs and decor, and the compatibility thereof with existing establishments in the area;
H. The number of similar establishments or uses within close proximity to the proposed establishment;
I. Noise, odor, dust and/or vibration that may be generated by the proposed use;
J. Impact of the proposed use to the City’s infrastructure, and/or services; K. Will the establishment contribute to a concentration of similar outlets in the area;
L. Other considerations that, in the judgment of the planning commission, are necessary to assure compatibility with the surrounding uses, and the as a whole.
17.56.050 Required findings.
The Planning Commission must make all of the following findings to approve or conditionally approve a Use Permit application. The inability to make one or more of the findings is grounds for denial of an application.
A. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Title and all other titles of the Hermosa Beach Municipal Code;
B. The proposed use is consistent with the General Plan and any applicable specific plan;
C. The proposed use will not be averse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;
D. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses and circulation in the vicinity; and
E. The site is physically suitable for the type of the use being proposed, including access, utilities, and the absence of physical constraints.
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17.56.060 Notice and hearing on application.
Upon the filing of an application for a conditional use permit by a property owner, or by a lessee with the written consent of the property owner, due notice of public hearing shall be given at least ten calendar days prior to said hearing in accordance with requirements to be established by resolution of the city council.
17.56.070 Report on findings and decision.
Not more than twenty (20) days following the public hearing on a conditional use permit, nor more than twenty (20) days following the filing of an application for a conditional use permit where no hearing is required, the planning commission shall announce its findings by formal report and said report shall recite, among other things, the facts and reasons which, in its opinion, make the granting or denial of the conditional use permit necessary to carry out the provisions and general purpose of this title, and shall order that the conditional use permit be granted or denied, and if such report orders that the conditional use permit be granted, it shall also recite such conditions and limitations as it may impose.
17.56.080 Report to be numbered and kept as permanent record.
The formal report of the planning commission announcing its decision on a conditional use permit shall be numbered consecutively in the order of filing and shall become a permanent record in the file of the planning commission.
17.56.090 Notice of decision to applicant.
Not later than ten days following the rendering of a decision ordering that a conditional use permit be granted or denied, a copy of the report shall be mailed to the applicant and his attorney at the address shown on the application filed with the planning commission.
17.56.100 Effective date – Time limitation for appeal.
The order of the planning commission in granting or denying a conditional use permit shall become final and effective ten days from the date of the succeeding city council meeting at which it is determined whether or not to review the decision of the planning commission pursuant to Section 2.52.040 of this code until within such ten-day period an appeal in writing is filed with the council by any person dissatisfied with the decision of the planning commission.
The filing of such appeal within such time shall stay the effective date of the order of the planning commission until such time as the council has acted on the appeal as hereinafter set forth in this title.
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17.56.110 Transmission of planning commission’s record to council.
Upon receipt of a written appeal filed with the council as provided herein, the planning commission shall thereupon transmit to the council the planning commission's complete record of the case.
17.56.120 Council to hold public hearing on appeal.
Within not to exceed forty (40) calendar days following filing of a written appeal, the city council shall conduct a duly advertised public hearing, public notice of which shall be given at least ten calendar days prior to said hearing in accordance with requirements established by resolution of the council.
17.56.130 Council to announce findings and decision.
City council shall announce its findings and decision within a reasonable time, but not to exceed sixty (60) days, following the close of the public hearing, unless good cause is shown for the extension of time and the applicant or opponent or both are notified of this extension and the reasons therefor. The findings and decision shall recite the facts and reasons which in the opinion of the city council make the approval or denial of the conditional use permit necessary to carry out the general purpose of this title, and shall order that the conditional use permit be granted, denied or modified subject to such conditions or limitations that it may impose. City council may incorporate by reference all or part of any findings of any commission, hearing officer or administrative officer without expressly setting forth in full the findings of said commission, hearing officer or administrative officer if the findings of said commission, hearing officer or administrative officer are in writing and on file with the city clerk and made a part of the permanent record of the .
If the city council does not announce its findings and decision, notice shall be given by mail to the applicant or opponent, or to both if they be different parties, of when the findings and decision will be made so that the applicant or opponent or both may be present at the meeting when said findings and decision are announced.
17.56.140 Decision of the council shall be final.
The action by the city council on such matters shall be by three affirmative votes of the council, and shall be final and conclusive except:
A. The city council may approve, modify or disapprove the recommendation of the planning commission; provided, that any modification of a proposed conditional use permit, precise development plan, variance, height limit exception, nonconforming remodel, parking plan, permitted use request or DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA
other similar discretionary land use matter, by the council may be referred back to the planning commission for report and recommendation, and the planning commission shall not be required to hold a public hearing thereon.
Failure of the planning commission to report to the city council within forty (40) days after the reference, or such longer period as may be designated by the city council, shall be deemed to be approval of the proposed modification.
B. Upon return of the matter to the city council, the city council may by three affirmative votes of the council, approve, modify or disapprove the final recommendation of the planning commission on such matters.
17.56.150 Notice of decision of the council.
Not later than thirty (30) days following the final decision of the city council that a conditional use permit be granted or denied, notice of such action shall be mailed to the applicant or opponent, or both if they be different parties, and one copy shall be attached to the planning commission's file of the case and said file returned to the planning commission for permanent filing. Failure to give notice shall not affect the decision rendered in these matters.
SECTION 44. Chapter 17.58 (Precise Development Plan) of Title 17 (Zoning) of the Hermosa Beach Municipal Code shall be replaced as follows:
17.58.010 Purpose
This Chapter establishes the Precise Development Plan procedure to ensure that new development supports the goals and objectives of the General Plan and other adopted plans and guidelines. The specific purposes of the Precise Development Plan process are to:
A. Promote excellence in design, layout, and other physical features of development to achieve a reasonable level of quality, compatibility, in harmony with the community’s social, economic and environmental objectives;
B. Ensure that new and altered development will be compatible with the existing and potential development of the surrounding area; and C. Supplement other City regulations and standards in order to ensure control of physical features of development that are not otherwise addressed.
17.58.020 Applicability and Review Authority
A. A Precise Development Plan review is required for all projects that require a permit for new construction, rehabilitation, alteration, or other DocuSign Envelope ID: 79CF0C3A-E852-43A2-BEFB-FE7AE9C253DA
improvements to the exterior of a structure, site or a parking area except for:
1. Projects with four (4) or less dwelling units, including new construction, remodels or additions thereto;
2. Remodels or additions of less than one thousand five hundred (1,500) square feet in any zone.
B. Precise Development Plans shall be decided upon by the Planning Commission with the following exceptions which shall be decided upon by the Community Development Director or designee:
1. New construction, rehabilitation, alteration, or other improvements to the exterior of a structure, site or a parking area for:
a. Projects with two (2) or more dwelling units with
affordable units or senior units (refer to section 17.42.100).
1. Projects that qualify for a density bonus pursuant to Section 17.42.100 or are comprised entirely of residential units restricted to be affordable to moderate- or lowerincome households shall be subject to a nondiscretionary precise development plan focusing solely on physical design and ensuring conformance with
objective development standards, rather than
examining the appropriateness of the use itself; said
precise development plan process is not a ‘project’ and is not subject to the California Environmental Quality Act (CEQA).
C. Application. All applications for Precise Development Plan shall be filed with the Community Development Department on forms prescribed by the Community Development Director.
D. Concurrent Processing. When a development project requires a Use Permit, Variance, or any other discretionary approval, the Precise Development Plan application shall be submitted as a part of the application for the underlying permit, Use Permit, or Variance., except as noted in Section
17.58.020(B)(1)(ii)(1).
K. Notification.
1. An application for a Precise Development Plan decided upon by the Community Development Director or design shall require a mailed notice to the applicant.
2. An application for a Precise Development Plan decided upon by the Planning Commission shall require notice, pursuant to Chapter 17.68, Procedure, Hearings, Notices and Fees
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L. Review Authority
1. Public Hearing is required for projects subject to Section 17.58.20(A).
An application for a Precise Development Plan shall require a public hearing before the Planning Commission, pursuant to Chapter 17.68, Procedure, Hearings, Notices and Fees
2. The Community Development Director shall act as the review authority for projects subject to Section 17.58.020(B). No public hearing shall be required.
17.58.030 Scope of Precise Development Plan Review
A. Precise Development Plan Review Considerations. Precise Development Plan review shall be based on consideration of the requirements of this Chapter as they apply to the design of the site plan, structures, landscaping, and other physical features of a proposed project, including:
1. Building proportions, massing, and architectural details.
2. Site design, orientation, location, and architectural design of buildings relative to existing structures on or adjacent to the property, topography, and other physical features of the natural and built environment;
3. Size, location, design, development, and arrangement of site access for modes of transportation, including on-site vehicle and bicycle parking.
4. Height, materials, and design of fences, walls, and screen plantings;
5. Location and type of landscaping including selection and size of plant materials, and design of hardscape; and
6. Size, location, design, color, lighting, and materials of all signs.
17.58.040 Required Findings
The review authority must make all of the following findings to approve or conditionally approve a Precise Development Plan application. The inability to make one or more of the findings is grounds for denial of an application.
A. The design, layout, and other physical features of the project comply with all other applicable provisions of this Title and all other titles of the Hermosa Beach Municipal Code;
B. The design, layout, and other physical features of the project are consistent with the General Plan, and any applicable specific plan or design guidelines; and
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C. The design, layout, and other physical features of the project comply with any design or development standards applicable to the zone, unless waived or modified pursuant to the provisions of this Title.
17.58.050 Conditions of Approval
In approving a Precise Development Plan, the review authority may impose reasonable conditions or restrictions and/or require reasonable guarantees and evidence that such conditions are being, or will be, complied with, to achieve the following outcomes:
A. Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the city council;
B. Achieve the general purposes of this Title or the specific purpose of the zone in which the project is located;
C. Achieve the findings for a Precise Development Plan listed in Section
17.58.050, Required Findings; or;
D. Mitigate any potentially significant impacts identified because of environmental review conducted in compliance with the California Environmental Quality Act.
17.58.060 Appeals
A. Except as noted in Section 17.58.020(B)(1)(ii)(1), decisions of the community development director/staff may be appealed to the
planning commission by filing an appeal within fifteen (15) days of the director’s decision; provided, that upon affixing the signature of the applicant to an issued permit, the permit shall become effective and the right to appeal shall be waived. Appeals shall be filed in writing with the community development department accompanied by a fee set by resolution of the city council. Notice of hearing shall be given to the applicant at least ten (10) days prior to the hearing, unless the applicant agrees to waive the requirement so that the matter may be heard at an earlier time. The commission’s review shall be limited to a determination of whether the application complies with the requirements of the governing section. The filing of an appeal within such time shall stay the effective date of the decision until the commission has acted on the appeal. The commission’s decision shall be final and conclusive, unless the governing section specifically provides for a direct or subsequent appeal to the city council.
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B. Appeals to the city council shall be filed with the city clerk accompanied by a fee set by resolution of the city council. The filing of an appeal within ten (10) days shall stay the effective date of the decision until the council has acted on the appeal as hereinafter set forth in this title. Upon receipt of a written appeal, the planning commission shall transmit to the council the planning commission’s complete record of the case. notice of hearing shall be given to the applicant at least ten (10) days prior to the hearing, unless the applicant agrees to waive the requirement so that the matter may be heard at an earlier time. The council shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than sixty (60) days after an appeal has been filed unless requested by the applicant. The council’s review shall be limited to a determination of whether the application complies with the requirements of the governing section. The council shall announce its findings within forty (40) calendar days of the hearing, unless good cause is found for an extension, and the decision shall be mailed to the applicant. The council’s decision shall be final and conclusive.
SECTION 45. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof is declared invalid or unconstitutional.
SECTION 46. Effective Date. This Ordinance shall take effect thirty (30) days after its passage and adoption pursuant to California Government Code section 36937, or upon certification of the City’s 2021-2029 Housing Element (6th Cycle) by the California Department of Housing and Community Development, whichever is later.
SECTION 47. 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.
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Mayor Justin Massey
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA APPROVED AS TO FORM:
________________________________
Patrick Donegan,
ATTEST:
________________________________
Myra Maravilla,
City Clerk City Attorney
PASSED, APPROVED and ADOPTED on this 14th day of November, 2023.
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Intro: 10/24/2023
Adopt: 11/14/2023
ss
State of California )
County of Los Angeles )
City of Hermosa Beach )
December 19, 2023
Certification of Council Action
ORDINANCE NO. 23-1471
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL
CODE TO IMPLEMENT HOUSING ELEMENT POLICIES AND PROGRAMS,
AND DETERMINE PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT THAT THE PROJECT IS CONSISTENT WITH THE PLAN
HERMOSA ENVIRONMENTAL IMPACT REPORT
I, Myra Maravilla, City Clerk of the City of Hermosa Beach, California, do hereby certify that the above and foregoing Ordinance No. 23-1472 was duly approved and adopted by the City Council of said City at its regular meeting thereof held on the 14th day of November 2023 and passed by the following vote:
AYES: MAYOR MASSEY, MAYOR PRO TEM FRANCOIS, COUNCILMEMBERS SAEMANN, DETOY, and JACKSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
_____________________________
Myra Maravilla,
City Clerk
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City of Hermosa Beach | Page 1 of 4
Meeting Date: July 9, 2024
Staff Report No. 24-PW-019
Honorable Mayor and Members of the Hermosa Beach City Council PUBLIC HEARING—HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT FISCAL YEAR 2024–2025
(Public Works Director Joe SanClemente)
Recommendation:
Staff recommends City Council:
1. Conduct a public hearing in connection with the levy of assessments for Hermosa Beach Landscaping and Street Lighting District 2024–25; and
2. Adopt a Resolution (Attachment 1) confirming the diagram and assessment found in the Engineer’s Report for Hermosa Beach Landscaping and Street Lighting District 2024–2025 and levying an assessment for the fiscal year beginning July 1, 2024 and ending June 30, 2025.
Executive Summary:
The Hermosa Beach Landscaping and Street Lighting District (District) collects funds for the maintenance and operation of the citywide street lighting program and landscaping within street medians and parkways. The annual enrollment of assessments within the District must be approved by the City Council annually by following a three-step process.
Staff recommends continuation of the process for Fiscal Year 2024–25.
Background:
The District was created in Fiscal Year 1989–90, pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code Sections 22500–22679). The District assessment provides funding to maintain and operate streetlights, traffic signals, and landscaping located within parkways and medians citywide. The assessment rate has not increased since the passage of Proposition 218 in 1996 and is set at $41.45 per dwelling unit.
The annual enrollment of assessments within the District must be approved by the City Council annually by following a three-step process. First, Council orders the Director of Public Works to prepare an Engineer’s Report containing the estimated cost of maintaining the District, the list of parcels within the District, and the method of apportionment of the assessment. At its March 26, 2024 meeting, City Council adopted Resolution 24-7422 authorizing preparation of the Engineer’s Report. Second, the Engineer’s Report (Attachment 2) is presented to Council for approval and the Council
City of Hermosa Beach | Page 2 of 4
sets a date for a public hearing declaring the City’s intent to order certain improvements and to levy and collect assessments within the District for the new fiscal year.
At its May 28, 2024 meeting, Council adopted Resolution 24-7432 approving the Engineer’s Report and Resolution 24-7431 declaring the City’s intent to order certain improvements, to levy and collect assessments, and to set July 9, 2024 at 6:30 p.m. as the date and time for a public hearing. The notice of the public hearing was published in the paper on June 13, 2024.
The third and final step is to hold a public hearing to accept public input on the matter of the proposed assessment and to determine whether a majority protest to the annual levy of assessments for Fiscal Year 2024–2025 exists.
Past Council Actions
Meeting Date Description
March 26, 2024 City Council adopted Resolution 24-7422 authorizing the preparation of a report for the annual levy of assessments within the Hermosa Beach Landscaping and Street Lighting District during Fiscal Year 2024–25
May 28, 2024 City Council adopted Resolution 24-7432 approving the Engineer’s Report and Resolution 24-7431 declaring the
City’s intent to order certain improvements, to levy and collect assessments, and to set July 09, 2024, as the date for a public hearing.
Analysis:
The Hermosa Beach Landscaping and Street Lighting District partially funds the maintenance and operation of the citywide street lighting program and landscaping within street medians and parkways. The City is in compliance with Proposition 218 and can continue to levy assessments without balloting requirements so long as the assessments are not increased. The assessment rate per dwelling unit has not increased since the passage of Proposition 218 in 1996 and will continue at the rate of $41.45 per dwelling unit in Fiscal Year 2024–25.
The Council is now considering the third, and final, step in the process to hold the public hearing. If no majority protest exists, the City may authorize the levy of an assessment for the fiscal year beginning July 1, 2024 and ending June 30, 2025.
The total assessment to be collected for Fiscal Year 2024–2025 is $457,732. The total cost of the operation, servicing and maintenance of the Landscaping and Street Lighting
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District 2024–2025 is estimated to be $858,525. The approximate $400,793 difference between what is collected through the assessment and what is needed to operate the District next fiscal year and the $25,491 deficit from Fiscal Year 2023–2024 Landscaping and Lighting District fund balance will be subsidized by $7,189 from miscellaneous revenues and an additional $419,095 to be transferred from the General Fund. This subsidy will cover the shortfall in the Landscaping and Street Lighting District Fund and ensure that the District’s operational and maintenance needs are funded for Fiscal Year 2024-2025.
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:
Mobility Element
Goal 2. A public realm that is safe, comfortable, and convenient for travel via foot, bicycle, public transit, and automobile and creates vibrant, people oriented public spaces that encourage active living.
Policies:
2.1 Prioritize public rights-of-way. Prioritize improvements of public rights-ofway that provide heightened levels of safe, comfortable, and attractive public spaces for all non-motorized travelers while balancing the need of efficient vehicular circulation.
2.4 Sustainable landscape. Use consistent and sustainable landscape and streetscape designs that reflect the city’s community identity; showcase local assets and the community’s unique and vibrant culture.
Parks + Open Space Element
Goal 10. Abundant landscaping, trees, and green space provided throughout the community.
Policy:
10.3 Green space co-benefits. Recognize the many positive qualities provided by landscaping, trees, and green space including reduced heat gain, controlled stormwater runoff, absorbed noise, reduced soil erosion, improved aesthetic character, and absorption of air pollution.
Infrastructure Element
Goal 1. Infrastructure systems are functional, safe, and well maintained.
Policies:
City of Hermosa Beach | Page 4 of 4
1.1 Infrastructure systems plan. Establish and adopt an integrated, holistic systems approach to guide infrastructure development, improvement, maintenance, and resilience.
1.4 Fair share assessments. Require new development and redevelopment projects to pay their fair share of the cost of infrastructure improvements needed to serve the project and ensure that needed infrastructure is available prior to or at the time of project completion.
Fiscal Impact:
The anticipated assessment to be collected for Fiscal Year 2024–2025 is $457,732. The total cost of the operation, servicing and maintenance of the Landscaping and Street Lighting District 2024–2025 is estimated to be $858,525. The shortfall of $400,793 in the Landscaping and Street Lighting District Fund and the $25,491 deficit from Fiscal Year 2023–2024 Landscaping and Lighting District fund balance will be subsidized by $7,189 from miscellaneous revenues and an additional $419,095 to be transferred from the General Fund.
Council approved $20,000 in the Fiscal Year 2024–25 Budget to study the District rates and to consider creating a new supplemental district. The study will seek to address the annual operating deficit, so that no further subsidies from the General Fund or other discretionary funds would be required. The study should include District-related recommendations from the Parks Master Plan, thereby shifting completion of the study until after the Parks Master Plan completion. Any proposed rate increase resulting from the study would be processed in compliance with Proposition 218.
Attachments:
1. Draft Resolution
2. Engineer’s Report
Respectfully Submitted by: Karla Vargas, Assistant Engineer Concur: Andrew Nguyen, Associate Engineer
Concur: Brandon Araujo, Senior Engineer
Concur: Lucho Rodriguez, City Engineer
Concur: Joe SanClemente, Public Works Director
Noted for Fiscal Impact: Viki Copeland, Administrative Services Director Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager
CITY OF HERMOSA BEACH
RESOLUTION NO. 24-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH CONFIRMING A DIAGRAM AND ASSESSMENT AND LEVYING
ASSESSMENTS FOR THE FISCAL YEAR COMMENCING JULY 1, 2024 AND ENDING JUNE 30, 2025 IN CONNECTION WITH THE HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2024-2025
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the provisions of the "Landscaping and Lighting Act of 1972," Part 2 of Division 15 of the Streets and Highways Code, commencing with Section 22500, (the "Act"), the City Council adopted Resolution 24-7431 initiating proceedings and ordering the Director of Public Works to prepare and file the report required by the Act. Said report is for the proposed levy of an annual assessment for the Hermosa Beach Landscaping and Street Lighting District (the “District”) for fiscal year commencing July 1, 2024 and ending June 30, 2025. Pursuant to Resolution 24-7422, such report was prepared and filed with the City Clerk.
SECTION 2. The City Council adopted Resolution 24-7432, approving the report as filed, and Resolution 24-7431 declaring its intention to order certain improvements and to levy and collect assessments for the fiscal year commencing July 1, 2024 and ending June 30, 2025 and appointing a time and place for hearing protests relative thereto.
SECTION 3. Following notice duly given in accordance with law, the City Council held a full and fair public hearing at the time and place appointed therefor regarding the proposed levy of assessments within the District and the report of the Director of Public Works, including the diagram and assessment for the District. At the public hearing, all interested persons were afforded the opportunity to hear and be heard regarding protests and objections to the levy and collection of the proposed assessments against lots or parcels of real property within the District.
SECTION 4. The City Council considered all oral and written statements, protests and communications made or filed by any interested persons and has determined that a majority protest does not exist regarding the proposed levy of an annual assessment for the 2024-2025 fiscal year. Any and all oral and written protests and objections are hereby overruled by the City Council.
SECTION 5. Based upon its review of the Engineer's Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, and other reports and information presented to the City Council, the City Council hereby finds and determines that (i) the land within the District will be benefited by the improvements described in Section 6 below, (ii) the District includes all of the land so benefited, and (iii) the net amount to be assessed upon the land within the District for the 2024-2025 fiscal year in accordance with the Engineer's Report is apportioned by a method and formula which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements.
SECTION 6. The City Council hereby orders the proposed improvements to be made as described in the Engineer's Report, which improvements are briefly described as follows: the maintenance and operation of streets and sidewalks within the District, including the operation, maintenance and servicing of landscaping, lighting and appurtenant facilities located in and along such streets and sidewalks.
SECTION 7. The City Council declares that the diagram and assessment in the Engineer's Report are hereby confirmed as filed. The adoption of this Resolution constitutes the levy of an assessment for the fiscal year commencing July 1, 2024 and ending June 30, 2025.
SECTION 8. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in Section 6 above for fiscal year 2024-2025.
SECTION 9. The City Clerk is hereby authorized and directed to file a certified copy of this Resolution and the diagram and assessment with the County Auditor of the County of Los Angeles. Thereupon, the County Auditor shall provide for the collection of assessments at the time and in the manner provided in the Act.
SECTION 10. This Resolution shall take effect immediately. The City Clerk shall certify to the passage and adoption of this Resolution, shall cause the original of the same to be entered among the original Resolutions of the City Council, and shall make a minute of the passage and adoption thereof in the minutes of the City Council meeting at which the same is passed and adopted.
PASSED, APPROVED, and ADOPTED on this 09
th day of July, 2024.
Mayor Justin Massey
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Myra Maravilla, MPA, CMC Patrick Donegan,
City Clerk City Attorney
ENGINEER’S REPORT
CITY OF HERMOSA BEACH
LANDSCAPING AND
STREET LIGHTING DISTRICT
2024-2025
ENGINEER'S REPORT
CITY OF HERMOSA BEACH
LANDSCAPING AND
STREET LIGHTING DISTRICT
2024-2025
Prepared By:
NV5
Jeffrey M. Cooper, PE
COO
May 28, 2024
ENGINEER'S REPORT
CITY OF HERMOSA BEACH
LANDSCAPING AND STREET LIGHTING DISTRICT 2024-2025
TABLE OF CONTENTS
Certificate .................................................................................................. 1 Report........................................................................................................ 2 Part A - Plans and Specifications ................................................... 4 Part B - Estimate of Cost ................................................................ 5 Part C - Assessment Roll ............................................................... 6 Part D - Method of Apportionment of Assessment .......................... 7 Part E - Property Owner List........................................................... 9 Part F - Assessment District Boundary ........................................... 10
1 ENGINEER’S REPORT
CITY OF HERMOSA BEACH
LANDSCAPING AND STREET LIGHTING DISTRICT 2024-2025
The undersigned respectfully submits the enclosed report as directed by the City Council.
DATED: May 28, 2024
BY: Jeffrey M. Cooper, PE
COO, NV5
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Diagram thereto attached was filed with me on the day of , 2024.
City Clerk, City of Hermosa Beach
Los Angeles County, California
By
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Diagram thereto attached, was approved and confirmed by the City Council of the City of Hermosa Beach, California, on the day of , 2024.
City Clerk, City of Hermosa Beach
Los Angeles County, California
By
I HEREBY CERTIFY that the enclosed Assessment Roll and Diagram were filed with the County Auditor of the County of Los Angeles, on the day of , 2024.
City Clerk, City of Hermosa Beach
Los Angeles County, California
By
2 FISCAL YEAR 2024-2025
CITY OF HERMOSA BEACH
ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972, SECTION 22500 THROUGH 22679, OF THE CALIFORNIA STREETS AND HIGHWAYS CODE
Pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, and in accordance with the Resolution of Initiation adopted by the Council of the City of Hermosa Beach, State of California, in connection with the proceedings for:
HERMOSA BEACH
LANDSCAPING AND STREET LIGHTING DISTRICT 2024-2025
Hereinafter referred to as the "Assessment District" or "District", Jeffrey M. Cooper, PE, Assessment Engineer, the duly appointed ENGINEER OF WORK, submit herewith the "Report" consisting of six (6) parts as follows:
PART A
Plans and specifications for the improvements showing and describing the general nature, location and extent of the improvements.
PART B
An estimate of the cost of the proposed improvements for FY 2024-2025, including incidental costs and expenses in connection therewith.
PART C
An assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the Assessment District.
PART D
The method of apportionment of assessments, indicating the proposed assessment of the total amount of the costs and expenses of the improvements upon the several lots and parcels of land within the Assessment District, in proportion to the estimated benefits to be received by such lots and parcels.
3 PART E
A list of the names and addresses of the owners of real property within the Assessment District, as shown on the last equalized roll of the Assessor of the County of Los Angeles.
PART F
The Diagram of the Assessment District Boundaries showing the exterior boundaries of the Assessment District, the boundaries of any zones within the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District.
4 PART A
PLANS AND SPECIFICATIONS
The facilities, which have been constructed within the City of Hermosa Beach, and those which may be subsequently constructed, will be operated, serviced and maintained as generally described as follows:
DESCRIPTION OF IMPROVEMENTS
FOR THE HERMOSA BEACH
LANDSCAPING AND STREET LIGHTING DISTRICT 2024-2025
The proposed improvements for FY 2024-2025 may be generally described as the continued maintenance and operation of streets and sidewalks within the District, including the operation, servicing and maintenance of landscaping, lighting and appurtenant facilities that are located in and along such streets and sidewalks, including but not limited to, personnel, electrical energy, utilities such as water, materials, contracting services, and other items necessary for the satisfactory operation of these services described as follows:
Street Landscaping and Appurtenant Facilities
Landscaping, planting, shrubbery, trees and appurtenant facilities, including irrigation systems, hardscapes and fixtures in public street and sidewalk rights-of-way, including parkways and medians, within the boundaries of the Assessment District.
Street Lighting and Appurtenant Facilities
Poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide street lighting and traffic signals in public street and sidewalk rights-of-way, including parkways and medians, within the boundaries of the Assessment District.
Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the landscaping, lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, lighting facilities or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any of the lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the lighting facilities, or for the lighting or operation of the landscaping or appurtenant facilities.
The plans and specifications for the improvements, showing and describing the general nature, location, and the extent of the improvements, are on file in the office of the City Clerk and are incorporated herein by reference.
5 PART B
ESTIMATE OF COSTS
LANDSCAPING AND STREET LIGHTING DISTRICT
Proposed Budget - Fiscal Year 2024-2025
The estimated cost of the operation, servicing and maintenance of the street and sidewalk improvements for fiscal year 2024-2025, as described in Part A, are summarized herein and described below.
Lighting and Landscaping Maintenance and Servicing
Median & Pkwy Landscaping Maintenance and Servicing
Lighting Maintenance and Servicing
Tree Trimming $739,812
Administration Costs $11,054
Insurance $58,940
L.A. County Tax Collection Costs $2,000
Equipment Replacement $46,719
Proposed Capital Improvements $0
Expenditures Subtotal: $858,525
Appropriation from Fund balance $ - 25,491
Amount transferred from General Fund $419,095
Miscellaneous Revenues $7,189
Total Assessment: $457,732
Fund Balance 6/30/25 $0
Total amount of $419,095 will be transferred from the General Fund to maintain the District for FY 2024-2025.
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 1 must be carried over to the next fiscal year.
Note: Total cost of the operation, servicing and maintenance of the Landscaping and Street Lighting District 2024-2025 is estimated to be $858,525.
6 PART C
ASSESSMENT ROLL
The total proposed assessment for Fiscal Year 2024-2025 and the amount of the total proposed assessment apportioned to each lot or parcel within the District, as shown on the latest assessment roll at the Los Angeles County Assessor's Office, are contained in the Assessment Roll on file in the office of the City Clerk of the City of Hermosa Beach, which is incorporated herein by reference.
The description of each lot or parcel is part of the Los Angeles County assessment roll and this roll is, by reference, made part of this Report.
7 PART D
METHOD OF APPORTIONMENT OF ASSESSMENT
GENERAL
Part 2, of Division 15, of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include operation, maintenance and servicing of street lights, traffic signals and landscaping.
The 1972 Act requires that maintenance assessments be levied according to benefit rather than according to assessed value. Section 22573 provides that:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The Act permits the designation of zones of benefit within any individual assessment district if "by reason of variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvements" (Sec. 22574) Thus, the 1972 Act requires the levy of a true "benefit assessment" rather than a "special tax." Exempted from the assessment would be the areas of all publicly owned property in use in the performance of a public function. Railroad and utility rights-of-way are also exempt from assessment.
BENEFIT ANALYSIS
Street Lighting and Traffic Signals - The proper functioning of street lighting and traffic signals is imperative for the welfare and safety of the public and property throughout the City.
Proper operation, maintenance and servicing of the street lighting system benefits properties within the District by providing proper illumination for ingress and egress and safe traveling at night. Properties within the District also benefit from the proper functioning of the District's traffic signal system. Proper operation of the streetlight and traffic signal systems is imperative to public convenience, orderly traffic flow, enhanced congestion management and safety.
Improved security, fuel conservation, protection of property from crime and vandalism, and reduction of traffic accidents, are special and direct benefits to all properties within the City; lighting benefits are directly related to public safety and property protection and therefore increase property values.
Median and Parkway Landscaping and Tree Trimming - Trees, landscaping, hardscaping and appurtenant facilities, if well maintained, provide beautification, shade and enhancement of the desirability of the surroundings, and therefore increase property value.
The City maintains trees and miscellaneous shrubbery and landscaping throughout the City. The trees, shrubbery and landscaping are located within the public street and sidewalk rights-of- way, including parkways and medians. These trees, shrubbery and landscaping provide an
8 aesthetically pleasing environment, shade, beautification, and, according to some authorities, air purification and sound attenuation. These positive attributes increase the value of all properties throughout the City.
Therefore, all property within the District receive an overall specific and direct benefit from the maintenance and servicing of the street median and parkway landscaping and street tree trimming programs.
Special benefits which are received by all parcels in the City are considered to be City-wide Benefits, and the associated costs of these special benefits are spread equally, based on Equivalent Dwelling Units, to all parcels within the District. All properties in the District benefit from the operation, maintenance and servicing of the street lighting, traffic signals, street median and parkway landscaping and street tree trimming.
The degree of benefit to each parcel of land varies depending on its land use and the size of the parcel. If assessments were spread on an individual parcel basis, not considering land use or parcel size, it would not be an equitable method of spread because a single family parcel would pay the same assessment as a 50-unit apartment parcel or a large commercial parcel. Therefore, the method for spreading the improvement costs, which must be based on special and direct benefit, is on an Equivalent Dwelling Unit (EDU) basis. The EDU method uses the residential dwelling unit as the basic unit and compares other uses to it, as follows:
Residential parcels are assessed based on the number of dwelling units on each parcel, where each residential dwelling unit equals one EDU
Non-residential parcels have been converted into EDU'S, based on engineering judgment taking into consideration the size of the parcel and the amount of frontage along the street.
Every parcel is assessed a minimum of one (1) EDU.
There are a total of 11,043 EDUs within the Assessment District.
ASSESSMENT RATE CALCULATION
Based on a budget of $457,732 as shown in Part B of this report, the preliminary assessment rate for FY 2024-2025 is calculated as follows:
$457,732 ÷ 11,043 EDUs = $41.45 per EDU
The assessment for FY 2023-2024 was $41.45 per EDU.
9 PART E
PROPERTY OWNER LIST
A list of names and addresses of the owners of all parcels within this District is shown on the last equalized Property Tax Roll of the Assessor of the County of Los Angeles, which by reference is hereby made a part of this report. This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll on file in the office of the City Clerk of the City of Hermosa Beach.
10 PART F
ASSESSMENT DISTRICT BOUNDARY
The boundaries of the District are coterminous with the boundaries of the City of Hermosa Beach.
A diagram showing the exterior boundaries of the District, the boundaries of any zones within the District, and the lines and dimensions of each lot or parcel of land within the District is on file in the office of the City Clerk of the City of Hermosa Beach, and is incorporated herein by reference.
The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles for fiscal year 2024-2025. The Assessor's maps and records are incorporated by reference herein and made part of this report.
11 2024-2025
City of Hermosa Beach | Page 1 of 5
Meeting Date: July 9, 2024
Staff Report No. 24-PW-020
Honorable Mayor and Members of the Hermosa Beach City Council
PUBLIC HEARING ON THE ANNUAL LEVY OF SEWER CHARGES ON THE
PROPERTY TAX ROLL
(Public Works Director Joe SanClemente)
Recommended Action:
Staff recommends City Council:
1. Conduct a public hearing to receive public comment related to the collection of sewer service charges on the property tax roll for Fiscal Year 2024–2025;
2. Determine the presence of a majority protest; if there is no majority protest, make an official finding that a majority protest by property owners within the City of Hermosa Beach does not exist; and
3. Adopt a resolution (Attachment 1), including an Engineer’s Report (Attachment 2), approving the new rates and authorizing the placement of sewer service charges on the annual County of Los Angeles Tax Roll.
Executive Summary:
Each year, the City Council places sewer service charges on the property tax roll to fund the maintenance, operations, servicing, and improvements of the City’s sewer collection systems. Since Fiscal Year 2015–16, the City has collected the sewer service charge, which is codified in the Hermosa Beach Municipal Code (HBMC). For Fiscal Year 2024– 25, the sewer service charge will be $142.37, incorporating a two percent increase based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W).
Background:
The City Council annually places the sewer service charges on the property tax roll for collection. The City bases the sewer service charge for each parcel on the direct cost of providing maintenance, operation, servicing, and improvements to the sewer collections system.
Pursuant to Ordinance No. 22-1448 and HBMC Section 13.12.010, the sewer service charge shall be increased for inflation on July 1, 2024 by the annual increase in the CPIW in the Los Angeles-Long Beach-Anaheim CA Area (previously known as Los AngelesRiverside-Orange County CA Area) including all items as published by the US Bureau of Labor Statistics as of January 1 of each year, not to exceed five percent per year.
City of Hermosa Beach | Page 2 of 5
For Fiscal Year 2024–25, the annual increase in the CPW-W in the Los Angeles-Long Beach-Anaheim CA Area increase is two percent. The new annual sewer service charge, reflecting the two percent increase, would be $142.37. In compliance with State law, the City notified each property by mail of the CPI-W increase (Attachment 3). Additionally, the City published the first Notice of Public Hearing in the paper on June 20, 2024 (Attachment 4), followed by a second Notice of Public Hearing in the same publication on June 27, 2024.
Past Council Actions
Meeting Date Description
June 23, 2015 City Council approved a resolution adopting the first annual sewer service charge to fund maintenance, operations,
servicing, and improvements to the City’s sewer collection system.
July 12, 2022 City Council approved a resolution adopting the new sewer service charge term to fund maintenance, operations,
servicing, and improvements to the City’s sewer collection system.
Analysis
Table 1 lists the sewer service charge rates, adjusted by the two percent CPI-W increase for residential parcels, for Fiscal Year 2024–25.
Table 1. Residential Parcel Sewer Charges
Land Use 2023–2024 Annual
Charge (per unit)
2024–2025 Annual
Charge (per unit)
Amount of
Annual Increase
Single Family $139.58 $142.37 $2.79
Condominums $139.58 $142.37 $2.79
Multi Family
(Charge is per
unit)
$83.75 $85.43 $1.68
Vacant
Parcels
$69.79 $71.18 $1.39
The City charges single-family residential units at 1.0 equivalent service units (ESU) per parcel, multi-family residential units at 0.6 ESU per parcel, condominiums at 1.0 ESU
City of Hermosa Beach | Page 3 of 5
per parcel, reflecting their similarity to single-family residents in use, and vacant parcels at 0.5 ESU regardless of use. For Fiscal Year 2024–25 the proposed charge, including a two percent CPI-W increase, would be $142.37 per 1.0 ESU.
The CPI-W increase of two percent also applies to non-residential parcels. Page 7 of the Engineer’s Report (Attachment 2) summarizes ESUs for land-use classes. The City calculates the ESU for the City’s various non-residential land uses using the following equation:
ESU = [Commercial Water Consumption in gallons per day (GPD)]/260 GPD* (*Note: 260 GPD represents the same GPD as single-family residential unit (SFRU))
For non-residential parcels, the sewer service charge is based on water use relative to single family residential units. The rate increase per 1.0 ESU is two percent for both residential and non-residential parcels. The total sewer fee for each non-residential parcel, however, may increase or decrease depending on each parcel’s water use relative to the previous year.
The Engineer’s Report contains detailed information about the annual charge and the charge to be applied to the parcels. Information about the use of revenue and annual increases is also included in the report. Every parcel in the City is subject to the sewer service charge. However, property owners meeting certain eligibility requirements, per Section 13.12.050 of the Municipal Code, qualify for a full annual rebate of the sewer service charge paid per year for the dwelling unit in which they reside.
The public hearing provides an opportunity for the City Council to hear and consider all protests to the annual levy of the sewer service charge. In the absence of a majority protest by property owners within the City of Hermosa Beach, City Council may order placement of the City sewer service charge on the Fiscal Year 2024–25 property tax rolls.
City Council action is required to place the annual charge on the tax roll.
If Council determines that a majority of property owners listed in the Engineer’s Report, have submitted written protests, the resolution and Engineer’s Report would not be adopted. Consequently, the charges would be collected separately from the tax roll, by an alternative method to be determined, and would not constitute a lien against any parcel of land.
Staff recommends City Council hold a public hearing to determine the presence of a majority protest by property owners within the City; if there is no majority protest, adopt the enclosed resolution with attached Engineer’s Report; and place the annual sewer service charge on the annual County of Los Angeles Tax Roll.
City of Hermosa Beach | Page 4 of 5
Update on Sewer Repair Projects
The City uses the collected sewer funds for routine sewer cleaning, planned repairs and rehabilitation, and emergency repairs. The City collects an average of $1,200,000 annually from the sewer service charge. For FY 2024–25, the City expects to spend approximately $630,000 on operations and maintenance, including emergency repairs, contracted services for cleaning and video inspections, and personnel. The remaining funds will primarily be used to advance design and construction of the recommendations outlined in the Sewer Master Plan.
A separate item on tonight’s City Council agenda recommends Council approve the award of a construction contract for Phase 2 of Capital Improvement Program (CIP) Project 421 Annual Sewer Improvements at an estimated cost of approximately $3,500,000. The project consists of replacing approximately 4,800 linear feet of sewer pipe, the repair and rehabilitation of 30 existing sewer maintenance access holes, and the construction of 27 new sewer maintenance access holes. If approved, the work would take place in Fall, 2024.
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:
Infrastructure Element
Goal 4. The sewer system infrastructure is modernized and resilient.
Policies:
4.1 Sewer system master plan. Ensure that the Sanitary Sewer Master Plan contains an effective and proactive maintenance program that reduces future operation costs.
4.3 Service fees. Ensure that allocation of the Sewer Service Charge is efficient and transparent to the public.
Fiscal Impact:
The total anticipated revenue from the sewer service charge for FY 2024–2025 is approximately $1,290,000. The CPI increase of two percent for 2024–25 would generate approximately $25,000 in additional revenue.
Attachments:
1. Draft Resolution
2. Engineer’s Report with CPI-W increase for Fiscal Year 2024–2025
3. Mailer to Property Owners
City of Hermosa Beach | Page 5 of 5
4. First Notice of Public Hearing
5. Second Notice of Public Hearing
Respectfully Submitted by: Jonathan Pascual, Assistant Engineer Concur: Brandon Araujo, Senior Engineer
Concur: Lucho Rodriguez, City Engineer
Concur: Joe SanClemente, Public Works Director
Noted for Fiscal Impact: Viki Copeland, Administrative Services Director Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager
CITY OF HERMOSA BEACH
RESOLUTION NO. 24-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
ADOPTING THE REPORT PROPOSING TO HAVE SEWER SERVICE CHARGES COLLECTED ON THE TAX ROLL FOR THE FISCAL YEAR 2024–-2025 AND DIRECTING THE CITY CLERK OF THE CITY TO FILE SAID REPORT WITH THE LOS ANGELES COUNTY AUDITORCONTROLLER TO PLACE SAID CHARGES ON THE TAX ROLL
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the provisions of Chapter 13.12 of Title 13 of the Hermosa Beach Municipal Code and the California Health and Safety Code Section 5470 et seq., the City Council is authorized to levy the annual sewer service charges (the “Charges”) and to have such Charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City.
SECTION 2. The City retained an Assessment Engineer who prepared and filed with the City Clerk a written report containing a description of each parcel of real property within the City to which the Charges are applicable (the “Identified Parcels”) and the amount of the Charges for each such Identified Parcel for Fiscal Year 2024–-2025 computed in conformity with Section 13.12.030 of the Hermosa Beach Municipal Code(“Engineer’s Report”).
SECTION 3. Following notice duly given in accordance with law, the City Council held a full and fair public hearing on July 9, 2024 regarding the levy and collection of the proposed Charges for Fiscal Year 2024–-2025 on the tax roll. All interested persons were afforded the opportunity to hear and be heard. The City Council considered all oral statements and all written protests made or filed by any interested person. A majority protest does not exist against the annual levy of the Charges and any and all oral and written protests to the levy and collection of the proposed Chargesfor Fiscal Year 2024–-2025 are hereby overruled, the Charges in the Engineer’s Report are confirmed, and the Engineer’s Report in Exhibit A is hereby adopted by the City Council.
SECTION 45. Based upon its review of the Engineer's Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, and other reports and information presented to the City Council, the City Council hereby finds and determines that (i) each parcel in the City benefits from receiving sewer service, (ii) the net amount of to be assessed upon each parcel of real property for Fiscal Year 2024–-2025 is apportioned by a formula and method that fairly distributes the net amount among all assessable parcels in proportion to the estimated benefits received
by each parcel, and (iii) no charge is imposed on any parcel that exceeds the reasonable cost of the benefits conferred on that parcel.
SECTION 57. The City Council hereby elects to collect the Charges in the Engineer’s Report in Exhibit A on the property tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City. The adoption of this resolution constitutes the levy of the Charge against parcels of property in the City of Hermosa Beach for the fiscal year commencing July 1, 2024 and ending June 30, 2025.
SECTION 68. Pursuant to the authority set forth in Health and Safety Code section 5473.4, and Chapter 13.12 of Tile 13 of Hermosa Beach Municipal Code, on or before August 10, 2024, the City Clerk is hereby authorized and directed to file a copy of the Engineer’s Report and the list of actual parcel charges (a listing of the Assessor’s Parcel Numbers and the amount to be levied on each parcel) with the County Auditor-Controller, together with a certified copy of this Resolution upon its adoption, in addition to any additional information the County Auditor-Controller requires to collect the Charges with the County taxes.
SECTION 710. The County Auditor-Controller of Los Angeles County shall enter on the County Assessment Roll opposite each parcel of land the amount of the Charges, and such charges, and each installment of the charges, shall be collected in the same manner, and shall be subject to the same penalties and priority of lien as, other charges and taxes fixed and collected by, on behalf of the City.
After collection by the County, the net amount of the Charges, after deduction of any compensation due the County, shall be remitted to the City of Hermosa Beach’s Finance Director (“Finance Director”).
SECTION 811. The Finance Director shall deposit all money representing charges collected by the County to the credit of the City’s sewer fund.
S
SECTION 912. A certified copy of this resolution and a copy of the Engineer’s Report and the actual parcel charges (a listing of the Assessor’s Parcel Numbers and the amount to be levied on each parcel) shall be filed in the office of the City Clerk and open to public inspection.
PASSED, APPROVED, and ADOPTED on this 9th day of July, 2024.
Mayor Justin Massey
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Myra Maravilla, MPA, CMC Patrick Donegan,
City Clerk City Attorney
CITY OF HERMOSA BEACH
Sewer Service Charges
Commencing Fiscal Year 2024/2025
ENGINEER’S REPORT
Submitted by: NV5
June 20, 2024
City of Hermosa Beach – Sewer Services Charge
Engineer’s Report
Commencing Fiscal Year 2024/2025
TABLE OF CONTENTS
Section Page No.
Introduction 1
Part A – Plans and Specifications 3
City Sewer Improvements 3
Operations, Maintenance and Services 3
Part B – Estimated cost of the Improvements 6
Part C – Charge Calculations and Proposed Charges 7
Part D – Boundary Diagram 12
This report has been prepared and submitted by Jeffrey M. Cooper, NV5.
Jeffrey M. Cooper, RCE 31572
June 20, 2024
City of Hermosa Beach – Sewer Services Charge
Engineer’s Report
Commencing Fiscal Year 2024/2025 | 1
INTRODUCTION
In order to effectively establish a capital improvement program to implement the needed wastewater system improvements, an equitable method of prioritizing projects must be established. In general, sewer facilities having the greatest degree of defects and deterioration at the present time will receive higher priority than those which are in better conditions.
In 1994, an Infrastructure Management Project Report, prepared by ITX, analyzed the City’s sewer network and also recommended a rehabilitation program to address the immediate needs of the sewer network.
In 2008, considering the City’s 85 years old sewer network of concrete and clay pipes, City embarked on the implementation of a Sanitary Sewer Master Plan that updated the Sewer portion of the Infrastructure Management Project Report prepared by ITX in 1994. Building on the work the City had completed through the undertaking of previous studies and projects, the Sewer Master Plan was prepared based upon newly collected data from the 2008 Closed Circuit TV (CCTV) inspection of the entire sewer system. This Sewer Master Plan, dated April 2009 and revised March 2011, listed the existing defects and deficiencies and identified projects for improvements for a 10 year program. At the end of a ten-year rehabilitation program, CCTV inspection of the entire sewer system is typically recommended for monitoring any remaining or newly developed physical deterioration and maintenance problems.
This would allow the City to continue with development and implementation of a cost effective rehabilitation program that will insure the long-term integrity of the sewer system and service to the community.
The City considered bonding for needed sewer improvements, however has decided to adopt a pay-as-you-go method to pay for addressing major repairs and rehabilitation of the sewer system based on the priority set in the Sewer Master plan. In support of this endeavor, the City updated their Sewer Master Plan in 2017.
The 2017 Sewer Master Plan identified 9.76 miles of sewer (out of 37 miles total) that were in need of improvements at that time – with an estimated cost of $14.4 million (in 2017 dollars). At the current pace, the City is on track to complete the remaining sewer improvements within approximately 10 years. This timeline is a function of Public Works staffing and funding levels and has allowed staff to address priority repairs.
It is common for sewer master plans to be updated every 10 years or so, as the system continues to age and deteriorate independent of repair schedule. Staff intends to submit a new CIP request in FY 2026/27 to update the master plan, which is estimated to cost approximately $300,000 and is expected to result in a revised list of priorities.
SUMMARY AND RECOMMENDATIONS
As was previously stated, the City has undertaken rehabilitation work of its sewer system based on programs outlined in previous studies that recommended the City to plan for the eventual replacement of the entire sanitary sewer system. City is estimated to currently have 194,000 lineal feet of sanitary sewer pipes, 880 sewer manholes, one (1) main wastewater pump station and three (3) small beach restroom pumps.
In 2008, Closed Circuit TV (CCTV) inspection of the entire sewer system, that was accessible, was completed and prioritized for repair in the 2009 Sewer Master Plan. Of the 194,000 lineal feet of sanitary sewer pipes in the system, 38,000 lineal feet of sewer pipes were not accessible by CCTV due to obstructions. These pipes are likely to be badly deteriorated considering their age and limited accessibility for routine maintenance. Therefore, these pipes are considered a priority for rehabilitation and repair.
City of Hermosa Beach – Sewer Services Charge
Engineer’s Report
Commencing Fiscal Year 2024/2025 | 2
The projected revenue for FY 24-25 is approximately $1,290,000 based on the new ESU cost, this represents an increase in revenue of approximately 2% from the previous fiscal year.
Again in 2016-2017, CCTV was conducted for the entire sewer system in conjunction with the latest 2017 Master Plan.
The current Master Plan recommends over $14.4 million in improvements over the next ten years.
This Engineer’s Report (“Report”) has been prepared for the City of Hermosa Beach commencing in Fiscal Year 2015/2016 and consists for four (4) parts:
PART A – PLANS AND SPECIFICATIONS
Contains a summary of the improvements within the City to be maintained and the proposed services and activities to be funded by the sewer services charges.
PART B – ESTIMATE OF COST
Identifies the estimated cost of the services and/or maintenance to be provided by the City, including annual service and maintenance expenses; debt service for capital outlays, repairs, rehabilitation or replacement of equipment or facilities; as well as operational and incidental costs and expenses in connection therewith.
PART C – CHARGE CALCULATION AND PROPOSED CHARGES
Outlines the basis on which the annual charges will be calculated for each parcel within the City.
PART D – BOUNDARY DIAGRAM
Contains a Diagram showing the exterior boundaries of the territory within the City of Hermosa Beach subject to annual sewer services charges, which is coterminous with the boundaries of the City of Hermosa Beach. Parcel identification, the lines and dimensions of each lot, parcel and subdivision of land within proposed sewer services boundary described herein are identified and correspond to the Los Angeles County Assessor's Parcel Maps for said parcels as they existed at the time this Report was prepared and shall include all subsequent subdivisions, lot-line adjustments or parcel changes therein. Reference is hereby made to the Los Angeles County Assessor's maps for a detailed description of the lines and dimensions of each lot and parcel of land within the City of Hermosa Beach and subject to the proposed annual sewer services charges to be levied on behalf of the City.
City of Hermosa Beach – Sewer Services Charge
Engineer’s Report
Commencing Fiscal Year 2024/2025 | 3
PART A – PLANS AND SPECIFICATIONS
CITY SEWER IMPROVEMENTS1
The sewer improvements within the City of Hermosa Beach for which the City proposes to be responsible for maintenance and operation of the sewer system as well as levy and collect charges to maintain such improvements, includes, but is not limited to, and may be generally described as follows:
• Approximately 194,000 feet of main sewer lines consisting of thefollowing:
o 28,868 linear feet (LF) of 6" sewerlines;
o 149,993 linear feet (LF) of 8" sewerlines;
o 4,204 linear feet (LF) of 10" sewerlines;
o 5,071 linear feet (LF) of 12" sewerlines;
o 1,254 linear feet (LF) of 15" sewerlines;
o 1,150 linear feet (LF) of 18" sewerlines;
o 805 linear feet (LF) of 21” sewer lines; and
o 2,655 linear feet (LF) of 24” sewer lines.
• 880 Sewer Manholes
• Four Lift/Pump station: 394 – 21 inch and 2,629 – 24 inch o Three (3) Beach restroom pumps
o The Strand - 34th
The historical plans and specifications for the city-owned sewer improvements are incorporated and contained in the sewer construction plans and specifications for the various sewer segments of the sewer system within the City of Hermosa Beach. These plans and specifications are voluminous and are not bound in this report but by this reference are incorporated and made a part of this report. The specific plans and specifications for the city-owned sewer improvements are on file in Public Works at the City.
OPERATIONS, MAINTENANCE AND SERVICES
The City of Hermosa Beach proposes to collect funds to cover the expenses for the overall operation, maintenance and servicing of the city-owned sewer system as well as funds that may be necessary to pay for capital outlay expenditures including repairs, rehabilitation or replacement of equipment or facilities. The following is a summary of the services and activities associated with the maintenance, operation, servicing and capital outlay expenditures for the City's sewer system. The frequency, extent and/or level of the services and activities identified below may be modified based on available funding and priorities as determined by the City:
Preventive Maintenance
One of the City's primary objectives for assuming responsibility and management of the operation and maintenance of the City's sewer system is to provide a cost-effective and efficient program that will ensure the integrity and long term stability of the sewer system. This is best accomplished by implementing a preventive maintenance program that addresses the entire sewer system. This preventive maintenance should include, but is not limited to, regular inspection of the sewer manholes, pipes, siphons, pump stations and related facilities as well as regular cleaning, repair, and related activities as warranted. These activities are intended to detect and correct potential problems 1 Information from the City of Hermosa Beach Master Plan.
City of Hermosa Beach – Sewer Services Charge
Engineer’s Report
Commencing Fiscal Year 2024/2025 | 4
before they develop into major problems. The following is a general summary of those preventive maintenance activities.
Sewer Line and Manhole Inspection - The interior and exterior of manholes to be inspected (at least once a year) for any structural defects, sewage flow condition, presence of vermin or rodents, deleterious industrial waste, odors, and any signs of unusual settlement around or evidence of debris within the manholes and along sewer alignments.
Sewer Line Cleaning - Sewer lines will be videoed and cleaned by hydro jet or rodding as needed based on a scheduled that ensures each sewer line is addressed at least every three-five years. The actual frequency of cleaning may vary based on inspection records. Sewer lines known to cumulate grease, garbage grinds, or sand may be addressed more frequency with possible monthly, quarterly, or semi-annual cleaning schedule.
Those areas prone to root growth may be periodically rodded or chemically treated. Sewage Pump Stations - All pump stations are equipped with telemetry/alarm systems and will be inspected at least once a week. Pumps and motors will be inspected and lubricated, control mechanisms and valves will be checked and adjusted as necessary. Pump station equipment will be repaired or modified as required.
Gas Trap Manholes and Siphons - Inspected and cleared of any stoppages or flow restrictions on a monthly basis.
Drop Manholes - Inspected and cleared of stoppages and flow restrictions on variable frequencies based on prior inspection records.
Vermin and Rodent Control - On an as-needed basis, sewers infested by insects will be chemically treated, and those infested by rodents will be baited.
Capital Outlay, Rehabilitation and Replacement
The City has adopted a pay-as-you-go method to pay for addressing major repairs and rehabilitation of the sewer system on a priority basis. However, in addition the City plans to develop and implement a long-term replacement and refurbishment program that will ensure not only the short term integrity of the sewer system, but also the longterm integrity and continue service to the community. As the city's sewer collection system ages, the risk of failure will ultimately increase due to deterioration, collapse, blockage, excessive inflow and infiltration, overflow, and other potential service interruptions. Therefore, while the scheduling of major repairs, rehabilitation projects and replacement projects will ultimately be implemented based on available funding, highest priority will be given to structural deficiency. However, by developing a long-term replacement and refurbishment program with the goal of eventually addressing the entire system, the City may also address hydraulic deficiency in addition to the structural deficiency.
Sewer System Management
Mapping - As-built plans of the sewer facilities will be maintained by the City. Data on the plans, such as system locations and alignment, pipe material, size, etc., will be maintained and stored electronically by the City. These maps will be available and utilized by the field crews for work scheduling and responding to emergencies, and will be updated to reflect any changes in the system.
City of Hermosa Beach – Sewer Services Charge
Engineer’s Report
Commencing Fiscal Year 2024/2025 | 5
Work Scheduling - Field crew activities will be recorded and tracked by the City utilizing various forms including, but not limited to service requests, cleaning reports, sewer maintenance daily reports, overflow reports forms, project work orders, etc.
Revenue and Expenditures
The City collects an average of approximately $1.2 million annually from the sewer fee. Since 2015, the City has spent approximately $415,000-$630,000 on average for operations/maintenance – including emergency repairs, contracted services for cleaning and video inspections, and personnel. The remainder of the funds are then primarily used to advance design/construction of the recommendations outlined in the Sewer Master Plan.
In fiscal year (FY) 2023‐24, the City utilized an estimated $630,000 for operations and maintenance on the City's sewer system. In FY 2024‐25, the City will complete CIP 421- Annual Sewer Improvements Phase 2, which will include sewer replacement and other point repairs at an estimated cost of approximately $3.5 million.
City of Hermosa Beach – Sewer Services Charge
Engineer’s Report
Commencing Fiscal Year 2024/2025 | 6
PART B – ESTIMATED COST OF THE IMPROVEMENTS
The net amount to be charged on the lots or parcels within the City is based on an initial estimate of the annual cost and expenses for the maintenance, operation, servicing of the City's existing sewer system improvements as well as the funding deemed appropriate and necessary for future capital improvements and reserves (Replacement funding). It was originally estimated that sewer capital improvements are needed at $14.4 million for the current planning period.
USE OF REVENUE
O & M/year
(range) $500,000 - $650,000
Available for Improvement
Financing / Year $675,000 - $800,000
$ Charge/1 ESU
(Single Family Resident) $139.58/year*
*Rate shown is the 2023-2024 rate.
City of Hermosa Beach – Sewer Services Charge
Engineer’s Report
Commencing Fiscal Year 2024/2025 | 7
PART C – CHARGE CALCULATION AND PROPOSED CHARGES
The sewer service charge for 2024/2025 is being reestablished by the City. The charge multiplied by the Equivalent Sewer Units assigned to each parcel will be the charge for each parcel. The Equivalent Sewer Unit (ESU) determination for each parcel is described below.
LAND USE ESU
Single Family 1.0
Condominiums 1.0
Multi Family 0.6
Sewage Generation Factors
The City of Hermosa Beach updated their sanitary sewer master plan in April 2009, March 2011, and again in June 2017.
A numeric relationship between the various lots and parcels is necessary for the allocation of the costs of sewer maintenance among the lots and parcels. It is customary to relate the various land uses to the single family residential lot which is established as one Equivalent Sewage Unit (ESU), and all other lots and parcels are related proportionally to the single family residential lot. Based on sewage generation rates, a typical single family lot generates 260 gallons per day in Los Angeles County2
. Therefore, for purposes of comparison of the various land uses for lots and parcels, 260 gallons per day is designated as the equivalent of 1 ESU.
Non-residential Land Uses
The ESU for various non-residential land uses is calculated by the following equation:
ESU = [Commercial Water Consumption GPD]/260 GPD per SFRU Single family residential units will be charge at 1.0 ESU per parcel, the multi-family residential parcels will be charged at 0.6 ESU per residential unit in the parcel and condominiums at 1.0 ESU per parcel as they are similar to single family residents in use. For the non-residential, it was allocated by water consumption values for all of Hermosa Beach from information provided by California Water Services Company annually. Vacant parcels of any use are charged 0.5 ESU.
2 West Hollywood Sewer Charge Report.
City of Hermosa Beach – Sewer Services Charge
Engineer’s Report
Commencing Fiscal Year 2024/2025 | 8
Government Facilities and Parcels
There are several parcels that receive sewer service that are owned and operated by local government. Proposition 218 requires that each parcel not pay more than the proportional cost of providing the service. Therefore, because these government parcels use the sewer service, they are included in the computation of the charge and are charged.
CALCULATION OF THE CHARGE
The sewer service charge is based on the direct cost of providing the service. These costs include staff, rent, utilities, and other costs as needed for sewer repair and improvements as described earlier in this report.
The following table shows the percentage increase of the sewer service charge each year since inception:
For fiscal year 2024-2025, it is proposed that a not-to-exceed CPI increase of 2% be approved. The new charge for fiscal year 2024-2025 is $142.37/ESU. The projected increase in revenue for fiscal year 2024-2025 is approximately 2% from fiscal year 2023-2024.
Due to the pandemic, staff did not move forward with reinstating the five-year term for applying the CPI to the fee in FY 2021-22. The above table details the CPI since 2016, and the annual increases that have been applied each year. With the exception of 2016, the annual increase has lagged behind actual CPI, but has helped the sewer fee keep up with corresponding rises in construction cost due to inflation and supply chain disruptions. This year’s CPI is 2%.
ANNUAL INCREASES
Because the costs of providing the sewer service may increase over time, beginning July 1, 2023 and each July thereafter, the charge per ESU established in 2022-2023 shall be increased by the annual increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the Los Angeles-Long Beach-Anaheim (this used to be referred to as Los Angeles-Riverside-Orange County, it is a continuous index linked to the previous index), CA Area (CPI), including all items as published by the US Bureau of Labor Statistics as of January 1 of each year, not to exceed five percent (5%) per year. The annual increases can only be authorized for a five year period. To increase the charge after the initial five year period, would require a new Proposition 218 hearing.
City of Hermosa Beach – Sewer Services Charge
Engineer’s Report
Commencing Fiscal Year 2024/2025 | 9
PROPOSITION 218 CONSIDERATIONS
Proposition 218, which the voters of the State of California passed on November 5, 1996, contains requirements for the imposition of a fee or charge for property related services. Requirements for fees and charges are contained in Section 6 of Article XIII D.
Paragraph (b) describes the requirements for new, existing, or increased fees and charges, as:
(1) Revenues shall not exceed the funds required to provide theservice. (2) Revenues shall not be used for any other purpose.
(3) The amount of the fee or charge imposed upon any parcel or person as an incident of property ownership shall not exceed the proportional cost of the service attributable to theparcel. (4) No fee or charge may be imposed unless the services is actually used by or immediately available to the owner of the property in question.
(5) No fee or charge shall be imposed for general governmental services, i.e., police, ambulance, library, where the service is available to the public at large in substantially the same manner as it is to theproperty owners.
This report and recommended charges complies with all five of these requirements.
1. Revenues generated by this charge will not exceed funds required to provide sewer services and shall not be used for any other purpose, besides what has been describedherein.
2. The sewer charge is the proportional cost of provided service to the parcels in the City and the charge is for actual use or is immediately available to the property in question.
Due to the number of parcels in the City of Hermosa Beach that will be subject to the Sewer Service Charge, the Parcel Charges (a listing of the Assessor's Parcel Numbers to be levied the proposed charge amounts) is not contained in this Report, but will be filed with the City Clerk in an electronic format prior to the public hearing regarding the levy and collection of the charges for Fiscal 2024/2025. The proposed Parcel Charge Roll, after being filed with the City Clerk, shall be available for public inspection in the City Clerk's Office during normal business office hours. However, the following tables provide a summary of the estimated ESUs by land use anticipated for Fiscal Year 2024/2025, per the County's assigned land use classification of each parcel within the City that was available at the time this Report was prepared.
City of Hermosa Beach – Sewer Services Charge
Engineer’s Report
Commencing Fiscal Year 2024/2025 | 10
EXAMPLES OF ESUs BY LAND USE - Residential
City of Hermosa Beach – Sewer Services Charge
Engineer’s Report
Commencing Fiscal Year 2024/2025 | 11
EXAMPLES OF ESUs BY LAND USE - Non-Residential
City of Hermosa Beach – Sewer Services Charge
Engineer’s Report
Commencing Fiscal Year 2024/2025 | 12
PART D – BOUNDARY DIAGRAM
The parcels within the Sewer Service Charge Area consist of all lots, parcels and subdivisions of land within the City of Hermosa Beach. A copy of the Boundary Diagram is provided below.
CITY OF HERMOSA BEACH BOUNDARY DIAGRAM
NV5
NV5
133 Technology Drive, Suite 200
Irvine, CA 92618
(949) 585-0477
www.nv5.com
Jeffrey M. Cooper, PE
COO, NV5
(949) 585-0477
[email protected]
This is not a bill. The sewer service charge will be collected on the annual property tax roll for 2024-2025.
Notice of increase in annual sewer service charge effective July 1, 2024 for fiscal year 2024-2025.
Visit www.hermosabeach.gov for additional information from the City or contact City consultant (Jeff Cooper of NV5) at 949-585-0477.
Land Use
2023-2024
Annual
Charge
(per unit)
2024-2025
Annual
Charge
(per unit)
Amount of
Annual
Increase
Single Family $139.58 $142.37 $2.79
Condominiums $139.58 $142.37 $2.79
Multi Family
(Charge is per unit) $83.75 $85.43 $1.68
Vacant Parcels $69.79 $71.18 $1.39
Each year, an annual Sewer Service Charge is levied
upon each parcel of real property in the City of
Hermosa Beach for the overall operation,
maintenance and servicing of the City’s sewer system
as well as the funds deemed appropriate and
necessary to pay for capital improvements and
reserves.
On July 1, 2024, the City’s current rates will increase by the annual increase in the Consumer Price Index
for Urban Wage Earners and Clerical Workers (CPI-W)
in the Los Angeles-Long Beach-Anaheim, CA Area
with a cap of 5%. The increase for the upcoming year
is 2%. The rate increase is necessary to ensure the
funding for the sewer program keeps up with cost
increases for maintenance services and capital
improvement projects.
The formula for the calculation of the 2023-2024 sewer
service charge rates was computed by multiplying
$139.58 by the number of equivalent sewage units
(“ESUs”) for the current land use. For fiscal year 2024- 2025, it is proposed that a not-to-exceed CPI increase
of 2% be approved. The new charge will be increased
by the 2% CPI to $142.37/ESU.
The ESU for various non-residential land uses is
calculated by the following equation:
ESU = [commercial water consumption
Gallons Per Day (GPD)]/260 GPD per SingleFamily Residential Unit For fiscal year 2024-2025, the sewer service charge
rates with the 2% CPI increase for residential and
vacant parcels are described in the table:
City of Hermosa Beach
Residential and Vacant Parcel Sewer Charges
SEWER FEE REBATE FOR SENIOR CITIZENS &
PERMANENTLY DISABLED
If you meet the following criteria for a rebate, please fill out an application and affidavit to receive the rebate at the Finance Department at City Hall, located at 1315
Valley Dr., Hermosa Beach on the 2nd Floor. City Hall
hours are Monday through Thursday, 7 a.m. to 6 p.m.
Please bring your property tax bills, proof of payment, and proof of age.
The following people are eligible for a 100% rebate of
the annual sewer fee for the one personal residence in
which the rebate applicant resides:
REBATE CRITERIA
• Seniors 65 years of age or older with an annual
income of $75,000 or less
• People who are permanently disabled as a
result of a physical or mental impairment and
have annual income of $75,000 or less
Contact the Finance Dept. with questions
regarding the rebate at (310) 318-0225.
City of Hermosa Beach | Page 1 of 3
Meeting Date: July 9, 2024
Staff Report No. 24-CMO-020
Honorable Mayor and Members of the Hermosa Beach City Council
PUBLIC HEARING TO REVIEW DELINQUENT SOLID WASTE COLLECTION (REFUSE) CHARGES FOR CONSIDERATION OF PLACING SAID CHARGES ON
THE PROPERTY TAX ROLLS
AS A SPECIAL ASSESSMENT AFFECTING ONLY THOSE PROPERTIES WITH REFUSE BILLS DELINQUENT AS OF MARCH 31, 2024
(Environmental Programs Manager Douglas Krauss)
Recommendation:
Staff recommends City Council:
1. Receive testimony from affected property owners regarding delinquent refuse bills; and
2. Adopt the attached resolution authorizing and requesting the County Assessor to place delinquent refuse charges for Athens Services as a special assessment for collection through the County tax collection process.
Executive Summary:
Per Hermosa Beach Municipal Code Section 8.12.36, the City shall assess a fee for the collection of garbage, rubbish, or other refuse. In the event that the owner of record fails to pay the fees for such collection, the City may place a special assessment on the property. The special assessment is processed through the Los Angeles County Assessor in cooperation with the City’s franchised waste hauler, Athens Services.
Background:
On March 26, 2013, City Council approved an exclusive Integrated Solid Waste Collection Franchise Agreement with Athens Services for a term of eight years beginning July 1, 2013 and ending June 30, 2021. On March 31, 2021, the City exercised its option to extend the agreement for 24 months to June 30, 2023. In December 2022, Council approved amendments and a 10-year extension to this agreement. In April 2024, Athens provided the City with a list of delinquent accounts for the previous year, which may be subject to a special assessment on the property owners’ tax bill.
Pursuant to Section 8.12.36(A)(5) of the Municipal Code, the City Manager shall direct a notice to the property owner where unpaid refuse collection charges are pending. The notice shall indicate the time and place for a hearing before an Administrative Appeals
City of Hermosa Beach | Page 2 of 3
Board to review all unpaid charges and make a recommendation to City Council. The Administrative Appeals Board hearing was held via teleconference on June 6, 2024 and a recommendation to review all unpaid charges is now provided to City Council.
Past Council Actions
Meeting Date Description
March 26, 2013 City Council approved an exclusive Integrated Solid Waste Collection Franchise Agreement with Athens Services
July 12, 2022 City Council adopted a resolution authorizing and requesting the County Assessor to place delinquent refuse charges for Athens Services
October 25, 2022 City Council approved proposal for amendment and extension of contract with Athens
December 13, 2022 City Council held public hearing on proposed customer rates for new Athens contract extension and amendment
July 11, 2023 City Council adopted a resolution authorizing and requesting the County Assessor to place delinquent refuse charges for Athens Services
Discussion:
In April 2024, Athens Services provided a list of properties with unpaid refuse collection fees as of March 31, 2024. In accordance with procedures outlined in the Hermosa Beach Municipal Code, notices were sent to affected property owners advising them of the opportunity to appear before the Administrative Appeals Board to dispute unpaid charges at a teleconference held on June 6, 2024 (Attachment 1).
The attached list of properties was updated following the hearing and the Administrative Appeals Board recommends that the properties remaining on the list have the delinquent charges added to their property tax bills as a special assessment (Attachment 2). Notices were sent to the property owners advising them of the opportunity to appear before the City Council at the Public Hearing scheduled on July 9, 2024 to appeal the matter prior to the City proceeding with the special assessment.
The attached Resolution (Attachment 3) requests the County Assessor post delinquent refuse charges on the property tax bill as a special assessment. Exhibit A of the attached resolution will be modified by Athens to delete any delinquent refuse charges which are paid within 10 days following the hearing as provided by Section 8.12.360(A)(6) of the Municipal Code.
City of Hermosa Beach | Page 3 of 3
To compensate the City for the administrative costs incurred in the collection of delinquent refuse bills via a special assessment, each delinquent refuse bill would be increased by $14.00 per the adopted Master Fee Schedule. Each delinquent refuse bill would also be increased by an amount not to exceed the actual cost incurred by the County of Los Angeles, and charged to the City of Hermosa Beach, for placing the delinquent refuse bills on the property tax roll via a special assessment.
General Plan Consistency:
This report and associated recommendations have been evaluated for their consistency with the City’s General Plan. Relevant policy is listed below:
Sustainability and Conservation Element
Goal 6. Hermosa Beach is a low or zero-waste community with convenient and effective options for recycling, composting, and diverting waste from landfills.
Policy:
6.1 Franchise Agreements. Ensure waste franchise agreements and program offerings provide progressively higher rates of waste diversion.
Fiscal Impact:
The fiscal impact to the City associated with the recommended action includes the City’s charges of $14 per delinquent account to defray staff administrative costs and Los Angeles County Assessor costs of approximately $80. For this year’s liens, the City would collect approximately $1,600 in total fees.
Attachments:
1. Notice of Hearing
2. List of Properties and Liens
3. Draft Resolution
Respectfully Submitted by: Doug Krauss, Environmental Programs Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager
Easy Reader
Run Date: June 27, 2024 DISPLAY
Acct: 7010-2110
NOTICE OF HEARING
Delinquent Solid Waste Collection (Refuse) Bills
NOTICE IS HEREBY GIVEN that the City Council of the City of Hermosa Beach shall hold a public hearing on Tuesday, July 9, 2024, to consider the following:
Review delinquent solid waste collection (refuse) bills for the purpose of ordering said delinquent charges be placed on the property tax bill as a special assessment. The assessment would affect only those properties with solid waste collection bills delinquent as of March 31, 2024. (City Manager's Office, Tel: 310-750-3603) SAID PUBLIC HEARING shall be held at 6:30 P.M., or as soon thereafter as the matter may be heard at the City Council meeting which can be accessed in-person or via instructions on the agenda found on the City’s website: https://www.hermosabeach.gov/our-community/agendasminutes-video ANY AND ALL PERSONS interested are invited to participate and speak at this hearing at the above time and place. Written comments of interested parties should be submitted to the City Manager’s department in care of City Hall at 1315 Valley Drive, Hermosa Beach, CA 90254 or emailed to [email protected]. All written testimony will be accepted prior to or at the scheduled time on the agenda for the matter.
IF YOU CHALLENGE the above matter(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the above-listed departments at, or prior to, the public hearing.
FOR FURTHER INFORMATION, please contact the departments listed above. A copy of the staff report(s) in the City Council packet will be available for public review at the City’s website (www.Hermosabeach.gov) 72 hours prior to the meeting time.
MYRA MARAVILLA
City Clerk
BALANCE CITY FEE COUNTY FEE* TOTAL LIEN BILLING ZIP SERVICE ADDR SERVICE CITY SERVICE ZIP PARCEL
54.38 14.00 0.69 69.07 90254 2124 LOMA DR HERMOSA BEACH 90254 4182021017 195.65 14.00 0.69 210.34 90254 608 5TH ST HERMOSA BEACH 90254 4188031071
75.08 14.00 0.69 89.77 90254 300 28TH ST HERMOSA BEACH 90254 4181023020 357.65 14.00 0.69 372.34 90254 1130 1ST PL HERMOSA BEACH 90254 4186028006 376.44 14.00 0.69 391.13 90254 1235 2ND ST HERMOSA BEACH 90254 4186023012 395.17 14.00 0.69 409.86 90254 226 2ND ST HERMOSA BEACH 90254 4188013108 256.68 14.00 0.69 271.37 90254 565 20TH ST HERMOSA BEACH 90254 4183024015 441.15 14.00 0.69 455.84 90254 655 9TH ST HERMOSA BEACH 90254 4187027042 108.75 14.00 0.69 123.44 90254 1011 2ND ST HERMOSA BEACH 90254 4186025044 292.68 14.00 0.69 307.37 90254 612 THE STRAND HERMOSA BEACH 90254 4187016045 163.34 14.00 0.69 178.03 90254 1229 11TH ST HERMOSA BEACH 90254 4161026014 441.15 14.00 0.69 455.84 90254 942 15TH ST HERMOSA BEACH 90254 4185008053 114.20 14.00 0.69 128.89 90254 329 27TH ST HERMOSA BEACH 90254 4181023029 261.74 14.00 0.69 276.43 90275 2017 HILLCREST DR HERMOSA BEACH 90254 4184010007 201.32 14.00 0.69 216.01 92253 519 30TH ST HERMOSA BEACH 90254 4181003013
75.08 14.00 0.69 89.77 90254 1002 3RD ST HERMOSA BEACH 90254 4186025046
77.78 14.00 0.69 92.47 90254 1228 6TH ST HERMOSA BEACH 90254 4160023010 441.15 14.00 0.69 455.84 90254 454 HOLLOWELL AVE HERMOSA BEACH 90254 4160024010 381.38 14.00 0.69 396.07 90254 107 MANHATTAN AVE HERMOSA BEACH 90254 4188012063 131.13 14.00 0.69 145.82 85028 978 5TH ST HERMOSA BEACH 90254 4186019026 369.96 14.00 0.69 384.65 90254 900 15TH ST HERMOSA BEACH 90254 4185008024 116.72 14.00 0.69 131.41 90254 501 GOULD AVE HERMOSA BEACH 90254 4181004001 228.38 14.00 0.69 243.07 90254 2119 POWER ST HERMOSA BEACH 90254 4182021048 196.45 14.00 0.69 211.14 90254 434 GENTRY ST HERMOSA BEACH 90254 4160025017
75.08 14.00 0.69 89.77 90254 560 3RD ST HERMOSA BEACH 90254 4188025033 157.67 14.00 0.69 172.36 90254 927 6TH ST A HERMOSA BEACH 90254 4186013051 288.24 14.00 0.69 302.93 90254 730 CYPRESS AVE HERMOSA BEACH 90254 4187031010 195.65 14.00 0.69 210.34 90254 121 35TH ST HERMOSA BEACH 90254 4181033005 732.97 14.00 0.69 747.66 90254 1307 CORONA ST HERMOSA BEACH 90254 4185015028 120.57 14.00 0.69 135.26 90254 425 GOULD AVE HERMOSA BEACH 90254 4181006013 462.52 14.00 0.69 477.21 90254 1209 20TH PL HERMOSA BEACH 90254 4184005031
179.46 14.00 0.69 194.15 90254 520 24TH ST HERMOSA BEACH 90254 4182021005 354.23 14.00 0.69 368.92 90503 2054 PALM DR HERMOSA BEACH 90254 4182008014 247.77 14.00 0.69 262.46 90254 903 14TH ST HERMOSA BEACH 90254 4185008010 291.56 14.00 0.69 306.25 90254 701 MANHATTAN AVE HERMOSA BEACH 90254 4187021020 579.91 14.00 0.69 594.60 90245 941 3RD ST HERMOSA BEACH 90254 4186019019 207.09 14.00 0.69 221.78 90274 2002 MONTEREY BLVD HERMOSA BEACH 90254 4182019012
77.78 14.00 0.69 92.47 90254 542 24TH PL HERMOSA BEACH 90254 4182023020
75.08 14.00 0.69 89.77 90254 1261 6TH ST HERMOSA BEACH 90254 4160028030 327.52 14.00 0.69 342.21 90254 1712 MANHATTAN AVE HERMOSA BEACH 90254 4183014039
75.08 14.00 0.69 89.77 90254 1142 1ST PL HERMOSA BEACH 90254 4186028008 327.00 14.00 0.69 341.69 90254 1246 20TH ST HERMOSA BEACH 90254 4184007034 351.16 14.00 0.69 365.85 90254 2212 HERMOSA AVE HERMOSA BEACH 90254 4182010003 127.19 14.00 0.69 141.88 90254 940 8TH PL HERMOSA BEACH 90254 4186009026 247.77 14.00 0.69 262.46 90254 912 13TH ST HERMOSA BEACH 90254 4185011025 416.06 14.00 0.69 430.75 90254 2491 VALLEY DR HERMOSA BEACH 90254 4182026001
35.39 14.00 0.69 50.08 90254 222 30TH ST HERMOSA BEACH 90254 4181021007 157.67 14.00 0.69 172.36 90254 1159 CYPRESS AVE HERMOSA BEACH 90254 4187019055
54.38 14.00 0.69 69.07 90254 119 30TH ST HERMOSA BEACH 90254 4181029007 120.46 14.00 0.69 135.15 90254 936 18TH ST HERMOSA BEACH 90254 4185003006 275.37 14.00 0.69 290.06 90245 707 6TH ST HERMOSA BEACH 90254 4187033023
87.73 14.00 0.69 102.42 07924 352 34TH ST HERMOSA BEACH 90254 4181017007 168.74 14.00 0.69 183.43 90254 957 2ND ST HERMOSA BEACH 90254 4186025041 327.52 14.00 0.69 342.21 90254 1019 16TH ST HERMOSA BEACH 90254 4185004022
75.08 14.00 0.69 89.77 90254 55 10TH CT HERMOSA BEACH 90254 4187003032
77.78 14.00 0.69 92.47 90254 925 6TH ST HERMOSA BEACH 90254 4186013027 163.84 14.00 0.69 178.53 90254 1013 MONTEREY BLVD HERMOSA BEACH 90254 4187009058 371.38 14.00 0.69 386.07 90254 833 CYPRESS AVE HERMOSA BEACH 90254 4187014019 131.13 14.00 0.69 145.82 90266 2050 PROSPECT AVE HERMOSA BEACH 90254 4184005011 228.95 14.00 0.69 243.64 90267 18 6TH ST HERMOSA BEACH 90254 4188004008 327.10 14.00 0.69 341.79 90254 323 30TH ST HERMOSA BEACH 90254 4181020025 416.96 14.00 0.69 431.65 90254 712 7TH ST HERMOSA BEACH 90254 4187032032 188.43 14.00 0.69 203.12 90254 322 34TH ST HERMOSA BEACH 90254 4181017004
371.38 14.00 0.69 386.07 90254 207 MANHATTAN AVE HERMOSA BEACH 90254 4188008050 472.02 14.00 0.69 486.71 90254 642 25TH ST HERMOSA BEACH 90254 4184018005 1,391.89 14.00 0.69 1,406.58 90254 428 25TH ST HERMOSA BEACH 90254 4182015001 371.54 14.00 0.69 386.23 92264 16 23RD ST HERMOSA BEACH 90254 4182003008 269.16 14.00 0.69 283.85 90254 1209 1ST ST HERMOSA BEACH 90254 4186028021 371.38 14.00 0.69 386.07 90254 2705 MORNINGSIDE DR HERMOSA BEACH 90254 4181023039
89.73 14.00 0.69 104.42 90254 1835 MANHATTAN AVE HERMOSA BEACH 90254 4183009015 114.20 14.00 0.69 128.89 90254 2427 MANHATTAN AVE HERMOSA BEACH 90254 4182011019
50.91 14.00 0.69 65.60 90254 1212 OCEAN DR HERMOSA BEACH 90254 4185014033
57.08 14.00 0.69 71.77 90254 555 3RD ST HERMOSA BEACH 90254 4188026004
37.98 14.00 0.69 52.67 90254 444 28TH ST HERMOSA BEACH 90254 4181006032
63.34 14.00 0.69 78.03 90254 1055 8TH PL HERMOSA BEACH 90254 4186007018 327.52 14.00 0.69 342.21 90501 1211 21ST ST HERMOSA BEACH 90254 4184004012 157.67 14.00 0.69 172.36 92629 1220 7TH PL HERMOSA BEACH 90254 4160028004 648.75 14.00 0.69 663.44 90254 262 27TH ST HERMOSA BEACH 90254 4181024023 1,203.47 14.00 0.69 1,218.16 90254 2300 OZONE CT HERMOSA BEACH 90254 4182016038 152.18 14.00 0.69 166.87 90254 1514 GOLDEN AVE HERMOSA BEACH 90254 4185020010 195.65 14.00 0.69 210.34 90254 1730 MANHATTAN AVE HERMOSA BEACH 90254 4183015002 621.90 14.00 0.69 636.59 90266 136 28TH ST HERMOSA BEACH 90254 4181026015
54.38 14.00 0.69 69.07 90254 834 19TH ST HERMOSA BEACH 90254 4184012004 516.79 14.00 0.69 531.48 90254 99 HERMOSA AVE HERMOSA BEACH 90254 4188002042 648.75 14.00 0.69 663.44 90505 18 MEYER CT HERMOSA BEACH 90254 4186029003 247.77 14.00 0.69 262.46 90254 546 24TH PL HERMOSA BEACH 90254 4182023019 5,574.68 14.00 0.69 5,589.37 90254 1003 PROSPECT AVE HERMOSA BEACH 90254 4186001027 349.45 14.00 0.69 364.14 90254 1016 PROSPECT AVE HERMOSA BEACH 90254 4161027040 459.78 14.00 0.69 474.47 90254 142 MANHATTAN AVE HERMOSA BEACH 90254 4188013096
75.08 14.00 0.69 89.77 90505 735 8TH ST HERMOSA BEACH 90254 4187029007 571.11 14.00 0.69 585.80 90254 135 ARDMORE AVE HERMOSA BEACH 90254 4188021029 275.37 14.00 0.69 290.06 90277 528 LOMA DR HERMOSA BEACH 90254 4188018018 332.81 14.00 0.69 347.50 90254 1163 7TH ST HERMOSA BEACH 90254 4160032012 199.31 14.00 0.69 214.00 90254 1221 11TH PL HERMOSA BEACH 90254 4161025016 195.65 14.00 0.69 210.34 90740 117 PROSPECT AVE HERMOSA BEACH 90254 4186027037
157.67 14.00 0.69 172.36 90254 222 6TH ST HERMOSA BEACH 90254 4188010081
77.78 14.00 0.69 92.47 90254 1431 BONNIE BRAE ST HERMOSA BEACH 90254 4185009008 281.21 14.00 0.69 295.90 90254 606 LOMA DR HERMOSA BEACH 90254 4187030034 157.67 14.00 0.69 172.36 90254 650 9TH ST HERMOSA BEACH 90254 4187028040 357.02 14.00 0.69 371.71 90254 1306 CORONA ST HERMOSA BEACH 90254 4185016003 179.46 14.00 0.69 194.15 90254 1920 HERMOSA AVE HERMOSA BEACH 90254 4182007019 471.18 14.00 0.69 485.87 90254 2600 MANHATTAN AVE HERMOSA BEACH 90254 4181024005
73.03 14.00 0.69 87.72 90254 311 27TH ST HERMOSA BEACH 90254 4181023023
89.73 14.00 0.69 104.42 90254 322 6TH ST HERMOSA BEACH 90254 4188019070
73.55 14.00 0.69 88.24 90254 548 LOMA DR HERMOSA BEACH 90254 4188018033 108.76 14.00 0.69 123.45 90254 1622 BAYVIEW DR HERMOSA BEACH 90254 4183014023 284.35 14.00 0.69 299.04 90254 620 9TH ST HERMOSA BEACH 90254 4187028003 371.38 14.00 0.69 386.07 90254 930 15TH ST HERMOSA BEACH 90254 4185008038
72.50 14.00 0.69 87.19 90254 53 11TH CT HERMOSA BEACH 90254 4187004011 807.24 14.00 0.69 821.93 90254 1002 PROSPECT AVE HERMOSA BEACH 90254 4161027006 221.24 14.00 0.69 235.93 90254 1310 MONTEREY BLVD BHERMOSA BEACH 90254 4187011010
86.78 14.00 0.69 101.47 90254 1505 LOMA DR HERMOSA BEACH 90254 4183017008
75.08 14.00 0.69 89.77 90254 145 ARDMORE AVE HERMOSA BEACH 90254 4188021030
75.08 14.00 0.69 89.77 90254 454 28TH ST HERMOSA BEACH 90254 4181006030 *Based on addition of County fee of $50 divided by the number of accounts (114) plus $.25 per parcel fee
CITY OF HERMOSA BEACH
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH
AUTHORIZING AND DIRECTING THE COUNTY ASSESSOR TO INCLUDE
DELINQUENT REFUSE BILLS FROM ARAKELIAN ENTERPRISES (ATHENS) TO THEIR EXISTING FUND NUMBER 168.87 (HERMOSA REFUSE-2) AS A
SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS COUNTY TAXES.
WHEREAS, Section 38790.1 of the California Government Code authorizes cities to collect delinquent refuse bills via a special assessment to be collected with county taxes; and,
WHEREAS, the City Council adopted Ordinance No. 86-840 which provides for collection of delinquent refuse bills in accordance with California Government Code Section 38790.1; and,
WHEREAS, in accordance with Ordinance No. 86-840, property owners have ten days from the date of the hearing to pay the delinquent refuse bill to avoid the special assessment;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Each delinquent refuse bill shall be increased by an amount not to exceed the actual costs incurred by the County of Los Angeles, and charged to the City of Hermosa Beach for placing the delinquent refuse bills on the property tax roll via a special assessment.
SECTION 2. Each delinquent refuse bill shall be increased by fourteen dollars ($14.00) to compensate the City of Hermosa Beach for the administrative costs incurred by collecting delinquent refuse bills via a special assessment.
SECTION 3. The list of properties and the amount to be collected, attached as Exhibit "A,” shall be forwarded to the county assessor for posting on the tax bill as a special assessment. Exhibit "A" may be modified by the City Manager to delete those parcels where delinquent refuse charges are paid within ten (10) days following the City Council hearing.
PASSED, APPROVED and ADOPTED on this 9th day of July, 2024 Justin Massey
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Myra Maravilla Patrick Donegan
City Clerk City Attorney
City of Hermosa Beach | Page 1 of 8
Meeting Date: July 9, 2024
Staff Report No. 24-PW-021
Honorable Mayor and Members of the Hermosa Beach City Council AWARD OF CONSTRUCTION CONTRACT FOR CIP 689 CLARK BUILDING RENOVATIONS TO SOLEX CONSTRUCTION, INC.
CEQA: The Project is exempt under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301 (Existing Facilities). The proposed work is a major alteration of existing public structures or facilities involving negligible or no expansion of existing use. No exceptions to the CEQA exemption apply. (Public Works Director Joe SanClemente)
Recommendation:
Staff recommends City Council:
1. Award a construction contract for CIP 689 Clark Building Renovations to Solex Construction, Inc. in the amount of $2,588,191.88 (Attachment 4);
2. Authorize the Director of Public Works to establish a 15 percent project contingency in the amount of $388,228.78;
3. Adopt the attached resolution entitled “A Resolution of the City Council of the City of Hermosa Beach Approving the Construction of CIP 689 Clark Building Renovations Pursuant to Government Code Section 830.6 and Establishing a Project Payment Account” (Attachment 3);
4. Authorize the Mayor to execute the construction contract and the City Clerk to attest, subject to approval by the City Attorney;
5. Authorize the Director of Public Works to file a Notice of Completion with the Los Angeles County following final completion of the project; and
6. Authorize the issuance of a purchase order to MityLite under a qualified cooperative agreement through the State of California Multiple Award Schedules (CMAS) contract for up to $80,000 for Clark Building banquet furniture (Attachment 7).
Executive Summary:
Capital Improvement Program (CIP) Project 689 Clark Building Renovations would update and modernize the Clark Building to provide a mixed-use event space for use by the Hermosa Beach community. Improvements include, but are not limited to: asbestos and lead abatement work throughout the building; restroom renovations; installation of a new commercial kitchen, HVAC system, electrical system, and audio-visual system; architectural upgrades; and site improvements. Staff received 12 bids for construction of
City of Hermosa Beach | Page 2 of 8
the project and recommend City Council award a construction contract to the lowest responsive and responsible bidder, Solex Construction Inc.
Background:
Clark Building was constructed in 1936, adjoining Clark Stadium and the Lawn Bowling Facility. The building currently houses a ballroom, two storage rooms, two restrooms, a small stage, and a former kitchen area. The building has been used for nonprofit, school, community, and other civic organization meetings and gatherings, as well as private parties.
The scope of work for CIP 689 Clark Building Renovations was developed through a comprehensive community engagement process that included surveys, virtual forums, and comments at public meetings of the Parks, Recreation and Community Resources Advisory Commission, Public Works Commission, and City Council. A subcommittee of members of both Commissions was assembled to provide input on this project. All who participated provided valuable feedback regarding desired amenities, with the addition of an updated kitchen, air conditioning, and an audio-visual system as top priorities.
Staff and the project architect presented the preliminary building design to City Council at its January 25, 2022 meeting. However, design modifications were subsequently required to bring the building’s kitchen to commercial standards per the requirements of the Los Angeles County Department of Public Health. Since that time, final design approvals were obtained from the Public Health Department and the City’s Building and Safety and Planning Divisions in Fall of 2023.
The full scope of the project includes the following improvements:
All necessary demolition work associated with the renovation; New commercial kitchen per current Los Angeles County Department of Public Health requirements, including new appliances, fixtures, storage cabinets, counter tops, flooring, grease trap system, and lighting; New electric powered heating, ventilation, and air conditioning (HVAC) system; New audio-visual system including built-in speakers, overhead projector, and roll-down projection screen;
Architectural upgrades including:
o Furred out walls to conceal system components such as electrical conduit and provide a new smooth wall surface throughout; o New decorative accents on the ceiling;
o Acoustic ceiling panels for sound absorption;
o New commercial grade vinyl flooring;
o New interior and exterior light fixtures;
o Complete interior and exterior painting;
o Restored original signage on the exterior of the building;
City of Hermosa Beach | Page 3 of 8
New plumbing system to accommodate the updated restrooms and commercial kitchen, including new floor drains for ease in maintenance; Site improvements including new concrete walkways and ramps to current accessibility standards, decorative enclosures around the refuse storage area and HVAC units, new accessible entrance to the Lawn Bowling Club, and refreshed landscaping and irrigation;
Completely renovated restrooms to current accessibility standards, including new fixtures, partitions, vanities, mirrors, flooring, and lighting; New electrical system including wiring and upgraded service connection necessary to serve the enhanced building components; and Asbestos and lead abatement work throughout the building.
During the outreach process, the installation of solar panels and back-up batteries was also identified as a scope item. However, it was not included in the final design package, as staff is working with the Clean Power Alliance (CPA) on potentially securing separate funding for the work.
Past Council Actions
Meeting Date Description
January 25, 2022 City Council received a presentation of preliminary building design from City staff and the project architect.
September 26, 2023 City Council adopted new purchasing methods in accordance with the Uniform Public Construction Cost
Accounting Act (UPCCAA).
February 27, 2024 City Council rejects all bids from the 1st advertisement of the project that closed December 21, 2023, directs staff to refine project design prior to re-advertisement and directs staff to reopen Clark Building on an interim limited use basis following necessary minor maintenance and replacement of the existing deteriorated sewer lateral line.
Analysis:
City Staff first advertised the project in November 2023 and received five bids for the project on December 21, 2023. All five bids were significantly higher than the engineer’s construction estimate and exceeded the available funding for the project as identified in the FY 2023–24 budget. At its February 27, 2024 meeting, City Council approved staff recommendation to reject all bids and directed staff to refine the project design prior to re-advertisement. Council also directed the reopening of the Clark Building on an interim, limited use, basis following necessary minor maintenance work and replacement of the existing deteriorated sewer lateral line.
City of Hermosa Beach | Page 4 of 8
The replacement of the sewer lateral was made possible through recent updates in the City’s municipal code allowing staff to use the Uniform Public Construction Cost Accounting Act (UPCCAA,) adopted by Council in the latter half of 2023, to procure construction services to replace the sewer lateral for the building in April 2024. The Public Works Department also completed minor, low-cost maintenance improvements to allow the basic functioning of the building, including servicing and cleaning of the heating system, patching holes in the walls and floor, minor interior painting of the ballroom and the restroom, and painting of the restroom floor in order to have the building open on April 9, 2024 in the interim while the project was undergoing design refinement and readvertisement.
Staff re-engaged the project design team to evaluate revisions to the project scope for potential cost savings and other refinements to the design that were identified by the City’s engineering team during the detailed bid review process. Scope changes including the removal of a loading ramp and associated landscaping at the rear of the building and removal of the sewer lateral replacement from the plans as it was replaced in April 2024.
Staff made numerous small changes to the design package following a detailed constructability review by the City’s design team to tighten the design plans and add clarifications to reduce potential for change orders once in construction. Staff also removed the banquet tables and chairs from the project scope, instead electing to purchase them directly through a supplier, MityLite, Inc., by utilizing an existing cooperative purchase agreement through the State of California Multiple Award Schedules (CMAS). Doing so should result in cost savings and avoid possible delays.
On April 18, 2024, the City readvertised the project by issuing a Notice Inviting Bids inviting experienced and highly qualified construction teams to submit a bid for the construction of the project through a competitive process. The notice was advertised in the paper, on the City’s website, and on the City’s online bidding platform, PlanetBids.
During the advertisement period, 82 prospective bidders downloaded the project documents from PlanetBids, including general contractors and subcontractors, of which 22 attended the mandatory and voluntary pre-bid site walks.
On June 3, 2024, the City received a total of 12 bids, which were opened and read aloud by the Deputy City Clerk. The bid results are provided in Attachment 1 and summarized below.
Bid Result Summary
City of Hermosa Beach | Page 5 of 8
Bidder Bid Amount
Eligico, Inc. $207,200.66
Meyers Construction Co. $2,232,000.00
One Silver Serve dba SERVEPRO Global DRT $2,383,333.00
Solex Construction, Inc. $2,588,191.88
D’Agostino Construction and Development $2,595,000.00
Armstrong Cal Builders, Inc. $2,605,723.00
PUB Construction, Inc. $2,749,000.00
Modern General Contractor, Inc. $2,860,000.00
Royal West Development, Inc. $2,990,314.00
Caltech Corp. $3,044,000.00
Corner Stone Construction Group, Inc. $3,167,646.00
IPI Construction $3,453,163.00
Staff reviewed the bids received and found that the lowest bidder submitted an incomplete bid, by bidding the audio-visual system only. The second low bidder did not include a valid bid bond with the bid. The third low bidder did not have adequate licensing for the work and did not list any subcontractors with valid licenses. Therefore, the three lowest bidders were found to be non-responsive and their bids were disqualified.
The fourth low bidder, Solex Construction, Inc. (Solex), was found to be the lowest responsible and responsive bidder with a bid in the amount of $2,588,191.88, which is less than 8 percent above the engineer’s estimate and within the anticipated construction range assumed in the revised project budget for FY 2024-25 (Attachment 2).
Solex’s contractor license is active and in good standing with the Contractor’s State License Board. Staff contacted references and confirmed the contractor’s competency
City of Hermosa Beach | Page 6 of 8
through completion of recent projects of similar type of work within the past five years, including work for the Conejo Recreation & Park District, City of San Jose, and San Jose Unified School District where they completed the projects on time and within budget.
Overall, staff finds Solex Construction, Inc. to be a qualified contractor to complete the proposed work for the project and recommends City Council award a construction contract to Solex Construction, Inc (Attachment 4).
Award of Purchase Order for Clark Building Banquet Furniture Staff recommends utilization of the California Multiple Award Schedules (CMAS) Contract 4-17-71-0111B with CMAS supplier Mity-Lite, Inc for the purchase of banquet furniture, consisting of tables and chairs. CMAS was established by the State of California as a streamlined procurement option, offering competitively assessed and pre-negotiated products and services. This approach ensures that the City would benefit from the most competitive pricing.
Following the provisions of HBMC § 3.12.140(e), staff recommends awarding a purchase order in the amount of up to $80,000 to MityLite, a member of the CMAS purchase agreements. The amount would cover the quote of $74,752.94 and leave an additional $5,247.06 for contingency (Attachment 7).
Schedule
If the project is awarded, staff would provide construction management with additional construction inspection services provided by one of the City’s on-call civil engineering firms specializing in building construction. Staff anticipates construction to start as soon as August 2024, with an anticipated completion date in March 2025.
ADA Self-Evaluation and Transition Plan Consistency
The project is consistent with the goals of the adopted 2022 Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan as it advances the construction of improvements that remove physical barriers and facilitate access for all individuals.
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:
Sustainability + Conservation Element
Goal 4. A leader in reducing energy consumption and renewable energy production.
Policies:
4.4 Municipal facilities. Utilize renewable energy sources at City facilities.
City of Hermosa Beach | Page 7 of 8
4.5 Sustainable building standards. Use sustainable building checklists to minimize or eliminate waste and maximize recycling in building design, demolition, and construction activities.
Parks + Open Space Element
Goal 1. First class, well maintained, and safe recreational facilities, parks and open spaces.
Policies:
1.1 Facility Upgrades. Improve and update park and open space facilities on a regular basis.
1.4 Low Maintenance Design. Promote environmentally sustainable and low maintenance design principles in the renovation, addition, or maintenance of parks and recreation facilities.
Goal 2. Abundant parks, open space, and recreational facilities to serve the community.
Policy:
2.6 Investment and maintenance. Prioritize the investment and maintenance of existing facilities prior to development and expansion of new facilities.
Goal 3. Community parks and facilities encourage social activity and interaction.
Policy:
3.6 Availability of City facilities. Consider the demand and availability of City facilities for general community use in the long-term lease and/or rental of City facilities.
Goal 4. Direct and accessible routes and connections to parks, recreational facilities, and open space are provided.
Policy:
4.4 ADA accessible park access. Install ADA and universally accessible amenities and equipment so that all parks, beach, and trail networks are accessible to all persons.
Infrastructure Element
Goal 1. Infrastructure systems are functional, safe, and well maintained.
Policy:
1.8 Minimize recurring repairs. Ensure that recurring repairs to City facilities are minimized by investing in low maintenance materials and performing preventive procedures where available.
City of Hermosa Beach | Page 8 of 8
Fiscal Impact:
CIP 689 Clark Building Renovations is budgeted in the FY 2024–25 Adopted Budget and funded through the Tyco Fund and Capital Improvement Fund with a combined appropriation of $3,601,067.00. The lowest responsible and responsive bidder, Solex Construction, submitted a bid in the amount of $2,588,191.88. Staff recommends establishing a 15 percent contingency in the amount of $388,228.78 to cover any unforeseen conditions or additional work required during construction.
Sufficient funds are available in the Tyco Fund and Capital Improvement Fund to cover construction costs. The funds would cover the full construction as well as construction management and inspection and environmental monitoring services for the project. Any unused funds would be returned to the Capital Improvement Fund.
The full renovation of the building, including the restoration of the former kitchen, would enhance the usability and rentability of the facility. Staff would propose a new fee schedule and use policy aligned with the new building for consideration by the Parks, Recreation & Community Resources Advisory Commission and approval by Council in advance of the reopening.
Construction Agreement Request
Contract Request Amount FY 2024–25 Budget
Dept. Account #
Total Contract
Amount
Solex Construction,
Inc.
$2,588,191.88 122-8689-4201
301-8689-4201 $2,588,191.88
15 Percent Project
Contingency $388,228.78 301-8689-4201 $388,228.78
Total $2,976,420.66 $2,976,420.66
Purchase Order Request (Banquet Furniture)
Vendor Request
Amount
FY 2024–25 Budget
Dept. Account # Total Amount
MityLite, Inc. $80,000 301-8689-4201 $80,000
Attachments:
1. Bid Opening Log
2. Solex Construction, Inc. Bid Documents
City of Hermosa Beach | Page 9 of 8
3. Draft Resolution
4. Solex Construction, Inc. Draft Contract Agreement
5. CIP 689 Project Plans
6. CIP 689 Project Specifications
7. Price Quote – Banquet Furniture Purchase
Respectfully Submitted by: Saad Malim, Senior Engineer
Concur: Lucho Rodriguez, City Engineer
Concur: Joe SanClemente, Public Works Director
Noted for Fiscal Impact: Viki Copeland, Administrative Services Director Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager
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Teen & Adult Center Improvements
Conejo Recreation & Park District 1375 E Janss Road, Thousand Oaks, CA 91362 Andrew Mooney, (805) 495-6471, [email protected]
Work includes Interior Tenant Improvements, Electrical, Plumbing, HVAC, Kitchen and Restroom Fixtures, Flooring, FRP, Tile, Walls, Doors, Lighting, Paint, and Exterior improvements. Installation of Shade Structures, fitness Equipment, Exterior Play Courts, Lighting, Paving, Site walls, & Landscaping $4,356,283.69
$4,089,532.69 September 28, 2022
January 13, 2023
4 Tenant Improvement-San Jose Comm Energy Dept Offices
City of San Jose, CA 88 South 4th St., San Jose CA 95112 Payman Ebrahimi, (408) 535-8443, [email protected] Renovation of a municipal facility in San Jose- Community Energy Department Offices
$2,922,431.59
$2,780,120 March 15, 2021
May 25, 2021
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06/03/2024
2019 Maintenance Project (3077C)
San Jose Unified School District San Jose, California
Denny Pini, (408) 960-8085, [email protected]
Interior Renovation, Roofing, Painting, Door and window Replacement, Plaster, Site Improvement, concrete and Miscellaneous.
$3,260,231.00
$ 3,050,300.00 August 12, 2019
August 12, 2019
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1315 Valley Drive, Hermosa Beach, CA 90254 | hermosabeach.gov | HermosaBeachCity HermosaBchCity
ACKNOWLEDGEMENT OF ADDENDUM No. 1
CIP 689 – Clark Building Renovations
Complete and sign this acknowledgement form. Enclose the original copy of the acknowledgement in your bid. Failure to do so may result in disqualification of your firm’s bid.
The undersigned acknowledges receipt of Addendum No. 1 dated May 9, 2024.
ATTEST: _____________________________________
Principal: _____________________________________
Address: _____________________________________
By: _____________________________________
Title: _____________________________________
Solex Construction Inc
Saeed Yousefian
President
06/03/2024
10350 Santa Monica Blvd. Suite 250 Los Angeles, CA 90025
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Saeed Yousefian
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XXXX23-
And CITY OF HERMOSA
BEACH RESOLUTION NO.
XXXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH APPROVING THE CONSTRUCTION OF CIP 689 CLARK BUILDING
RENOVATIONS PURSUANT TO GOVERNMENT CODE SECTION 830.6
AND ESTABLISHING A PROJECT PAYMENT ACCOUNT
WHEREAS, The Albert Group, a design firm with the City of Hermosa Beach through a Professional Services Agreement SA dated October 10, 2019, designed and prepared the plans to construct CIP 689 CLARK BUILDING RENOVATIONS (“Project”); and WHEREAS, The City solicited competitive bids for the Project; and WHEREAS, Bids were received and opened publicly on June 3, 2024 and Solex Construction, Inc. was chosen as the lowest responsible bidder; and WHEREAS, the City Council, concurrent with the adoption of this Resolution, awarded the construction contract to the lowest responsible bidder, Solex Construction, Inc. for the Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regards to the plans and construction of the Project. The City Engineer finds that the plans are complete and the Project may be constructed.
SECTION 2. Design Immunity; Authorization
A. The design, plans and vendor proposal for the Project are determined to be consistent with the City’s standards and are approved; B. The design approval set forth in this Resolution occurred before actual work on the Project construction commenced;
XXXX23-
C. The approval granted by this Resolution conforms with the City’s General Plan;
D. The City Engineer, or designee, is authorized to act on the City’s behalf in approving any alterations or modifications of the design and plans approved by this Resolution; and
E. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830.6.
SECTION 3. For purposes of the Contract Documents administering the Project, the City establishes an account containing sufficient monies from the current and following fiscal year budget to pay for the project. This Account is the sole sources of funds available for the Construction Sum as defined in the Contract Document administering the Project.
SECTION 4. The City Clerk is directed to certify the adoption of this Resolution.
SECTION 5. This Resolution will become effective immediately upon adoption.
PASSED, APPROVED, and ADOPTED on this 9
th day of July, 2024
Justin Massey
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:
Myra Maravilla Patrick Donegan
City Clerk City Attorney
1 CONTRACT AGREEMENT
This Construction Agreement (“Agreement”) is made and entered into as of the date executed by the Mayor and attested to by the City Clerk, by and between Solex Construction, Inc. (hereinafter referred to as "CONTRACTOR") and the City of Hermosa Beach, California, a municipal corporation (hereinafter referred to as "CITY").
R E C I T A L S
A. Pursuant to the Notice Inviting Sealed Bids for CIP 689 CLARK BUILDING RENOVATIONS (“Project”), bids were received, publicly opened, and declared on the date specified in the notice; and
B. On July 9, 2024, City’s City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR; and
C. The City Council has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for CIP 689 Clark Building Renovations in the City of Hermosa Beach.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed:
1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the CIP 689 CLARK BUILDING RENOVATIONS in the City of Hermosa Beach. The work shall be performed in accordance with the Plans and Specifications dated during the month of April 2024 (the “Specifications”) on file in the office of the City Clerk and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal and in accordance with the instructions of the City Engineer.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Builders General Provisions, Standard Specifications 2021 edition, Special Provisions, Exhibit A to Exhibit C, and all referenced specifications, details, standard drawings, and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any
2 inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement, the Builders General Provisions and the Standard Specifications, in that order, shall control. Collectively, these contract documents constitute the complete agreement between CITY and CONTRACTOR and supersede any previous agreements or understandings.
3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal $2,588,191.88 as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 25 working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time.
5. LIQUIDATED DAMAGES: In accordance with Government Code section 53069.85, it is agreed that CONTRACTOR will pay to CITY the sum set forth in Part 1 General Provisions Section 6-9 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, CONTRACTOR agrees CITY may deduct that amount from any money due or that may become due CONTRACTOR under the Contract.
This Article does not exclude recovery of other damages specified in the Contract Documents.
6. SUBSTITUTION OF SECURITIES: Pursuant to section 22300 of the Public Contract Code of the State of California, CONTRACTOR may request CITY to make retention payments directly to an escrow agent or may substitute securities for any money withheld by CITY to ensure performance under the contract. At the request and expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with CITY or with a state or federally chartered bank as the escrow agent who shall return such securities to CONTRACTOR upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code.
7. PREVAILING WAGES AND CALIFORNIA LABOR LAWS.
Pursuant to Labor Code §§ 1720 et seq., and as specified in 8 California Code of Regulations § 16000 (“Prevailing Wage Laws”), CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements, and CONTRACTOR agrees to pay any penalty or civil
3 damages resulting from a violation of the prevailing wage laws. CONTRACTOR shall defend, indemnify and hold the CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. CONTRACTOR and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.
In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD.
CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site.
CITY directs CONTRACTOR’s attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor.
Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:
When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or When the number of apprentices in training in the area exceeds a ratio of one to five, or When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.
CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions.
CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices.
4 Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
The CONTRACTOR or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.
CONTRACTOR and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of CONTRACTOR in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, CONTRACTOR shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such CONTRACTOR must comply with this section. Should noncompliance still be evident after such 10-day period, CONTRACTOR shall, as a penalty to CITY, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on CONTRACTOR. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.
By executing this Contract, CONTRACTOR verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.
8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of