Hermosa Beach City Council
May 13, 2025

line 1 (d)  The regional housing needs allocation plan shall further all line 2 of the following objectives:
line 3 (1)  Increasing the housing supply and the mix of housing types, line 4 tenure, and affordability in all cities and counties within the region line 5 in an equitable manner, which shall result in each jurisdiction line 6 receiving an allocation of units for low- and very low income line 7 households. The regional housing needs allocation plan shall line 8 allocate units for extremely low- low and acutely low income line 9 households in a manner that is roughly proportional to, and within line 10 a range of 3 percent of, the housing need for very low income line 11 households.
line 12 (2)  Promoting infill development and socioeconomic equity, line 13 the protection of environmental and agricultural resources, the line 14 encouragement of efficient development patterns, and the line 15 achievement of the region’s greenhouse gas reductions targets line 16 provided by the State Air Resources Board pursuant to Section line 17 65080.
line 18 (3)  Promoting an improved intraregional relationship between line 19 jobs and housing, including an improved balance between the line 20 number of low-wage jobs and the number of housing units line 21 affordable to low-wage workers in each jurisdiction. line 22 (4)  Allocating a lower proportion of housing need to an income line 23 category when a jurisdiction already has a disproportionately high line 24 share of households in that income category, as compared to the line 25 countywide distribution of households in that category from the line 26 most recent American Community Survey.
line 27 (5)  Affirmatively furthering fair housing.
line 28 (e)  For purposes of this section, “affirmatively furthering fair line 29 housing” means taking meaningful actions, in addition to line 30 combating discrimination, that overcome patterns of segregation line 31 and foster inclusive communities free from barriers that restrict line 32 access to opportunity based on protected characteristics. line 33 Specifically, affirmatively furthering fair housing means taking line 34 meaningful actions that, taken together, address significant line 35 disparities in housing needs and in access to opportunity, replacing line 36 segregated living patterns with truly integrated and balanced living line 37 patterns, transforming racially and ethnically concentrated areas line 38 of poverty into areas of opportunity, and fostering and maintaining line 39 compliance with civil rights and fair housing laws. 97 AB 650 — 22 —

line 1 (f)  (1)  Subject to paragraph (2), for purposes of this section line 2 with respect to revisions of the housing element through the sixth line 3 revision, “household income levels” are as determined by the line 4 department pursuant to the following code sections:
line 5 (A)  Very low incomes, as defined by Section 50105 of the line 6 Health and Safety Code.
line 7 (B)  Lower incomes, as defined by Section 50079.5 of the Health line 8 and Safety Code.
line 9 (C)  Moderate incomes, as defined by Section 50093 of the line 10 Health and Safety Code.
line 11 (D)  Above moderate incomes are those exceeding the line 12 moderate-income level of Section 50093 of the Health and Safety line 13 Code.
line 14 (2)  For purposes of this section with respect to the seventh and line 15 subsequent revisions of the housing element, “household income line 16 levels” are as determined by the department in accordance with line 17 the definitions of acutely low, extremely low, very low, low, line 18 moderate, and above moderate income in Section 65582. line 19 (g)  Notwithstanding any other provision of law, determinations line 20 made by the department, a council of governments, or a city or line 21 county pursuant to this section or Section 65584.01, 65584.02, line 22 65584.03, 65584.04, 65584.05, 65584.06, 65584.07, or 65584.08 line 23 are exempt from the California Environmental Quality Act line 24 (Division 13 (commencing with Section 21000) of the Public line 25 Resources Code).
line 26 SEC. 3. Section 65584.01 of the Government Code is amended line 27 to read:
line 28 65584.01. For the fourth and subsequent revision of the housing line 29 element pursuant to Section 65588, the department, in consultation line 30 with each council of governments, where applicable, shall line 31 determine the existing and projected need for housing for each line 32 region in the following manner:
line 33 (a)  The department’s determination shall be based upon line 34 population projections produced by the Department of Finance line 35 and regional population forecasts used in preparing regional line 36 transportation plans, in consultation with each council of line 37 governments. If the total regional population forecast for the line 38 projection year, developed by the council of governments and used line 39 for the preparation of the regional transportation plan, is within a line 40 range of 1.5 percent of the total regional population forecast for 97 — 23 — AB 650

line 1 the projection year by the Department of Finance, then the line 2 population forecast developed by the council of governments shall line 3 be the basis from which the department determines the existing line 4 and projected need for housing in the region. If the difference line 5 between the total population projected by the council of line 6 governments and the total population projected for the region by line 7 the Department of Finance is greater than 1.5 percent, then the line 8 department and the council of governments shall meet to discuss line 9 variances in methodology used for population projections and seek line 10 agreement on a population projection for the region to be used as line 11 a basis for determining the existing and projected housing need line 12 for the region. If agreement is not reached, then the population line 13 projection for the region shall be the population projection for the line 14 region prepared by the Department of Finance as may be modified line 15 by the department as a result of discussions with the council of line 16 governments.
line 17 (b)  (1)  At least 32 38 months prior to the scheduled revision line 18 pursuant to Section 65588 and prior to developing the existing and line 19 projected housing need for a region, the department shall meet and line 20 consult with the council of governments regarding the assumptions line 21 and methodology to be used by the department to determine the line 22 region’s housing needs. needs, except for the seventh housing line 23 element cycle, for which the department shall meet and consult line 24 with the council of governments at least two months prior to line 25 developing the existing and projected housing need for a region line 26 pursuant to the timelines in subparagraph (A) of paragraph (1) line 27 of subdivision (b) of Section 65584. The council of governments line 28 shall provide data assumptions from the council’s projections, line 29 including, if available, the following data for the region:
line 30 (A)  Anticipated household growth associated with projected line 31 population increases.
line 32 (B)  Household size data and trends in household size. line 33 (C)  The percentage of households that are overcrowded and the line 34 overcrowding rate for a comparable housing market. For purposes line 35 of this subparagraph:
line 36 (i)  The term “overcrowded” means more than one resident per line 37 room in each room in a dwelling.
line 38 (ii)  The term “overcrowded rate for a comparable housing line 39 market” means that the overcrowding rate is no more than the 97 AB 650 — 24 —

line 1 average overcrowding rate in comparable regions throughout the line 2 nation, as determined by the council of governments. line 3 (D)  The rate of household formation, or headship rates, based line 4 on age, gender, ethnicity, or other established demographic line 5 measures.
line 6 (E)  The vacancy rates in existing housing stock, and the vacancy line 7 rates for healthy housing market functioning and regional mobility, line 8 as well as housing replacement needs. For purposes of this line 9 subparagraph, the vacancy rate for a healthy rental housing market line 10 shall be considered no less than 5 percent.
line 11 (F)  Other characteristics of the composition of the projected line 12 population.
line 13 (G)  The relationship between jobs and housing, including any line 14 imbalance between jobs and housing.
line 15 (H)  The percentage of households that are cost burdened and line 16 the rate of housing cost burden for a healthy housing market. For line 17 the purposes of this subparagraph:
line 18 (i)  The term “cost burdened” means the share of very low, low-, line 19 moderate-, and above moderate-income households that are paying line 20 more than 30 percent of household income on housing costs. line 21 (ii)  The term “rate of housing cost burden for a healthy housing line 22 market” means that the rate of households that are cost burdened line 23 is no more than the average rate of households that are cost line 24 burdened in comparable regions throughout the nation, as line 25 determined by the council of governments.
line 26 (I)  The loss of units during a state of emergency that was line 27 declared by the Governor pursuant to the California Emergency line 28 Services Act (Chapter 7 (commencing with Section 8550) of line 29 Division 1 of Title 2), during the planning period immediately line 30 preceding the relevant revision pursuant to Section 65588 that line 31 have yet to be rebuilt or replaced at the time of the data request. line 32 (J)  The housing needs of individuals and families experiencing line 33 homelessness.
line 34 (i)  The data utilized by the council of governments shall align line 35 with homelessness data best practices as determined by the line 36 department.
line 37 (ii)  Sources of homelessness data may include the Homeless line 38 Data Integration System administered by the Interagency Council line 39 on Homelessness, the homeless point-in-time count, or other line 40 sources deemed appropriate by the department.
97 — 25 — AB 650

line 1 (2)  The department may accept or reject the information line 2 provided by the council of governments or modify its own line 3 assumptions or methodology based on this information. After line 4 consultation with the council of governments, the department shall line 5 make determinations in writing on the assumptions for each of the line 6 factors listed in subparagraphs (A) to (I), inclusive, of paragraph line 7 (1) and the methodology it shall use and shall provide these line 8 determinations to the council of governments. The methodology line 9 submitted by the department may make adjustments based on the line 10 region’s total projected households, which includes existing line 11 households as well as projected households.
line 12 (c)  (1)  After consultation with the council of governments, the line 13 department shall make a determination of the region’s existing line 14 and projected housing need based upon the assumptions and line 15 methodology determined pursuant to subdivision (b). The region’s line 16 existing and projected housing need shall reflect the achievement line 17 of a feasible balance between jobs and housing within the region line 18 using the regional employment projections in the applicable line 19 regional transportation plan. Within 30 days following notice of line 20 the determination from the department, the council of governments line 21 may file an objection to the department’s determination of the line 22 region’s existing and projected housing need with the department. line 23 (2)  The objection shall be based on and substantiate either of line 24 the following:
line 25 (A)  The department failed to base its determination on the line 26 population projection for the region established pursuant to line 27 subdivision (a), and shall identify the population projection which line 28 the council of governments believes should instead be used for the line 29 determination and explain the basis for its rationale. line 30 (B)  The regional housing need determined by the department line 31 is not a reasonable application of the methodology and assumptions line 32 determined pursuant to subdivision (b). The objection shall include line 33 a proposed alternative determination of its regional housing need line 34 based upon the determinations made in subdivision (b), including line 35 analysis of why the proposed alternative would be a more line 36 reasonable application of the methodology and assumptions line 37 determined pursuant to subdivision (b).
line 38 (3)  If a council of governments files an objection pursuant to line 39 this subdivision and includes with the objection a proposed line 40 alternative determination of its regional housing need, it shall also 97 AB 650 — 26 —

line 1 include documentation of its basis for the alternative determination. line 2 Within 45 days of receiving an objection filed pursuant to this line 3 section, the department shall consider the objection and make a line 4 final written determination of the region’s existing and projected line 5 housing need that includes an explanation of the information upon line 6 which the determination was made.
line 7 (4)  In regions in which the department is required to distribute line 8 the regional housing need pursuant to Section 65584.06, no city line 9 or county may file an objection to the regional housing need line 10 determination.
line 11 (d)  Statutory changes enacted after the date the department line 12 issued a final determination pursuant to this section shall not be a line 13 basis for a revision of the final determination. line 14 SEC. 4. Section 65584.03 of the Government Code is amended line 15 to read:
line 16 65584.03. (a)  At least 28 34 months prior to the scheduled line 17 housing element update required by Section 65588, at least two line 18 or more cities and a county, or counties, may form a subregional line 19 entity for the purpose of allocation of the subregion’s existing and line 20 projected need for housing among its members in accordance with line 21 the allocation methodology established pursuant to Section line 22 65584.04. The purpose of establishing a subregion shall be to line 23 recognize the community of interest and mutual challenges and line 24 opportunities for providing housing within a subregion. A line 25 subregion formed pursuant to this section may include a single line 26 county and each of the cities in that county or any other line 27 combination of geographically contiguous local governments and line 28 shall be approved by the adoption of a resolution by each of the line 29 local governments in the subregion as well as by the council of line 30 governments. All decisions of the subregion shall be approved by line 31 vote as provided for in rules adopted by the local governments line 32 comprising the subregion or shall be approved by vote of the line 33 county or counties, if any, and the majority of the cities with the line 34 majority of population within a county or counties. line 35 (b)  Upon formation of the subregional entity, the entity shall line 36 notify the council of governments of this formation. If the council line 37 of governments has not received notification from an eligible line 38 subregional entity at least 28 34 months prior to the scheduled line 39 housing element update required by Section 65588, the council of line 40 governments shall implement the provisions of Sections 65584 97 — 27 — AB 650

line 1 and 65584.04. The delegate subregion and the council of line 2 governments shall enter into an agreement that sets forth the line 3 process, timing, and other terms and conditions of the delegation line 4 of responsibility by the council of governments to the subregion. line 5 (c)  At least 25 31 months prior to the scheduled revision, the line 6 council of governments shall determine the share of regional line 7 housing need assigned to each delegate subregion. The share or line 8 shares allocated to the delegate subregion or subregions by a line 9 council of governments shall be in a proportion consistent with line 10 the distribution of households assumed for the comparable time line 11 period of the applicable regional transportation plan. Prior to line 12 allocating the regional housing needs to any delegate subregion line 13 or subregions, the council of governments shall hold at least one line 14 public hearing, and may consider requests for revision of the line 15 proposed allocation to a subregion. If a proposed revision is line 16 rejected, the council of governments shall respond with a written line 17 explanation of why the proposed revised share has not been line 18 accepted.
line 19 (d)  Each delegate subregion shall fully allocate its share of the line 20 regional housing need to local governments within its subregion. line 21 If a delegate subregion fails to complete the regional housing need line 22 allocation process among its member jurisdictions in a manner line 23 consistent with this article and with the delegation agreement line 24 between the subregion and the council of governments, the line 25 allocations to member jurisdictions shall be made by the council line 26 of governments.
line 27 SEC. 4.
line 28 SEC. 5. Section 65584.04 of the Government Code is amended line 29 to read:
line 30 65584.04. (a)  At least two and one-half years before a line 31 scheduled revision required by Section 65588, each council of line 32 governments, or delegate subregion as applicable, shall develop, line 33 in consultation with the department, a proposed methodology for line 34 distributing the existing and projected regional housing need to line 35 cities, counties, and cities and counties within the region or within line 36 the subregion, where applicable pursuant to this section. The line 37 methodology shall further the objectives listed in subdivision (d) line 38 of Section 65584.
line 39 (b)  (1)  No more than six months before the development of a line 40 proposed methodology for distributing the existing and projected 97 AB 650 — 28 —

line 1 housing need, each council of governments shall survey each of line 2 its member jurisdictions to request, at a minimum, information line 3 regarding the factors listed in subdivision (e) that will allow the line 4 development of a methodology based upon the factors established line 5 in subdivision (e).
line 6 (2)  With respect to the objective in paragraph (5) of subdivision line 7 (d) of Section 65584, the survey shall review and compile line 8 information that will allow the development of a methodology line 9 based upon the issues, strategies, and actions that are included, as line 10 available, in an Analysis of Impediments to Fair Housing Choice line 11 or an Assessment of Fair Housing completed by any city or county line 12 or the department that covers communities within the area served line 13 by the council of governments, and in housing elements adopted line 14 pursuant to this article by cities and counties within the area served line 15 by the council of governments.
line 16 (3)  The council of governments shall seek to obtain the line 17 information in a manner and format that is comparable throughout line 18 the region and utilize readily available data to the extent possible. line 19 (4)  The information provided by a local government pursuant line 20 to this section shall be used, to the extent possible, by the council line 21 of governments, or delegate subregion as applicable, as source line 22 information for the methodology developed pursuant to this section. line 23 The survey shall state that none of the information received may line 24 be used as a basis for reducing the total housing need established line 25 for the region pursuant to Section 65584.01.
line 26 (5)  If the council of governments fails to conduct a survey line 27 pursuant to this subdivision, a city, county, or city and county may line 28 submit information related to the items listed in subdivision (e) line 29 before the public comment period provided for in subdivision (d). line 30 (c)  The council of governments shall electronically report the line 31 results of the survey of fair housing issues, strategies, and actions line 32 compiled pursuant to paragraph (2) of subdivision (b). The report line 33 shall describe common themes and effective strategies employed line 34 by cities and counties within the area served by the council of line 35 governments, including common themes and effective strategies line 36 around avoiding the displacement of lower income households. line 37 The council of governments shall also identify significant barriers line 38 to affirmatively furthering fair housing at the regional level and line 39 may recommend strategies or actions to overcome those barriers. line 40 A council of governments or metropolitan planning organization, 97 — 29 — AB 650

line 1 as appropriate, may use this information for any other purpose, line 2 including publication within a regional transportation plan adopted line 3 pursuant to Section 65080 or to inform the land use assumptions line 4 that are applied in the development of a regional transportation line 5 plan.
line 6 (d)  Public participation and access shall be required in the line 7 development of the methodology and in the process of drafting line 8 and adoption of the allocation of the regional housing needs. line 9 Participation by organizations other than local jurisdictions and line 10 councils of governments shall be solicited in a diligent effort to line 11 achieve public participation of all economic segments of the line 12 community as well as members of protected classes under Section line 13 12955 and households with special housing needs under paragraph line 14 (7) of subdivision (a) of Section 65583. The proposed line 15 methodology, along with any relevant underlying data and line 16 assumptions, an explanation of how information about local line 17 government conditions gathered pursuant to subdivision (b) has line 18 been used to develop the proposed methodology, how each of the line 19 factors listed in subdivision (e) is incorporated into the line 20 methodology, and how the proposed methodology furthers the line 21 objectives listed in subdivision (d) of Section 65584, shall be line 22 distributed to all cities, counties, any subregions, and members of line 23 the public who have made a written or electronic request for the line 24 proposed methodology and published on the council of line 25 governments’, or delegate subregion’s, internet website. The line 26 council of governments, or delegate subregion, as applicable, shall line 27 conduct at least one public hearing to receive oral and written line 28 comments on the proposed methodology.
line 29 (e)  To the extent that sufficient data is available from local line 30 governments pursuant to subdivision (b) or other sources, each line 31 council of governments, or delegate subregion as applicable, shall line 32 consider including the following factors in developing the line 33 methodology that allocates regional housing needs:
line 34 (1)  Each member jurisdiction’s existing and projected jobs and line 35 housing relationship. This shall include an estimate based on line 36 readily available data on the number of low-wage jobs within the line 37 jurisdiction and how many housing units within the jurisdiction line 38 are affordable to low-wage workers as well as an estimate based line 39 on readily available data, of projected job growth and projected 97 AB 650 — 30 —

line 1 household growth by income level within each member jurisdiction line 2 during the planning period.
line 3 (2)  The opportunities and constraints to development of line 4 additional housing in each member jurisdiction, including all of line 5 the following:
line 6 (A)  Lack of capacity for sewer or water service due to federal line 7 or state laws, regulations or regulatory actions, or supply and line 8 distribution decisions made by a sewer or water service provider line 9 other than the local jurisdiction that preclude the jurisdiction from line 10 providing necessary infrastructure for additional development line 11 during the planning period.
line 12 (B)  The availability of land suitable for urban development or line 13 for conversion to residential use, the availability of underutilized line 14 land, and opportunities for infill development and increased line 15 residential densities. The council of governments may not limit line 16 its consideration of suitable housing sites or land suitable for urban line 17 development to existing zoning ordinances and land use restrictions line 18 of a locality, but shall consider the potential for increased line 19 residential development under alternative zoning ordinances and line 20 land use restrictions. The determination of available land suitable line 21 for urban development may exclude lands where the Federal line 22 Emergency Management Agency (FEMA) or the Department of line 23 Water Resources has determined that the flood management line 24 infrastructure designed to protect that land is not adequate to avoid line 25 the risk of flooding.
line 26 (C)  Lands preserved or protected from urban development under line 27 existing federal or state programs, or both, designed to protect line 28 open space, farmland, environmental habitats, and natural resources line 29 on a long-term basis, including land zoned or designated for line 30 agricultural protection or preservation that is subject to a local line 31 ballot measure that was approved by the voters of that jurisdiction line 32 that prohibits or restricts conversion to nonagricultural uses. line 33 (D)  County policies to preserve prime agricultural land, as line 34 defined pursuant to Section 56064, within an unincorporated area line 35 and land within an unincorporated area zoned or designated for line 36 agricultural protection or preservation that is subject to a local line 37 ballot measure that was approved by the voters of that jurisdiction line 38 that prohibits or restricts its conversion to nonagricultural uses. line 39 (E)  Emergency evacuation route capacity, wildfire risk, sea line 40 level rise, and other impacts caused by climate change. 97 — 31 — AB 650

line 1 (3)  The distribution of household growth assumed for purposes line 2 of a comparable period of regional transportation plans and line 3 opportunities to maximize the use of public transportation and line 4 existing transportation infrastructure.
line 5 (4)  Agreements between a county and cities in a county to direct line 6 growth toward incorporated areas of the county and land within line 7 an unincorporated area zoned or designated for agricultural line 8 protection or preservation that is subject to a local ballot measure line 9 that was approved by the voters of the jurisdiction that prohibits line 10 or restricts conversion to nonagricultural uses. line 11 (5)  The loss of units contained in assisted housing developments, line 12 as defined in paragraph (9) of subdivision (a) of Section 65583, line 13 that changed to non-low-income use through mortgage prepayment, line 14 subsidy contract expirations, or termination of use restrictions. line 15 (6)  The percentage of existing households at each of the income line 16 levels listed in subdivision (f) of Section 65584 that are paying line 17 more than 30 percent and more than 50 percent of their income in line 18 rent.
line 19 (7)  The rate of overcrowding.
line 20 (8)  The housing needs of farmworkers.
line 21 (9)  The housing needs generated by the presence of a private line 22 university or a campus of the California State University or the line 23 University of California within any member jurisdiction. line 24 (10)  The housing needs of individuals and families experiencing line 25 homelessness. If a council of governments has surveyed each of line 26 its member jurisdictions pursuant to subdivision (b) on or before line 27 January 1, 2020, this paragraph shall apply only to the development line 28 of methodologies for the seventh and subsequent revisions of the line 29 housing element.
line 30 (11)  The loss of units during a state of emergency that was line 31 declared by the Governor pursuant to the California Emergency line 32 Services Act (Chapter 7 (commencing with Section 8550) of line 33 Division 1 of Title 2), during the planning period immediately line 34 preceding the relevant revision pursuant to Section 65588 that line 35 have yet to be rebuilt or replaced at the time of the analysis. line 36 (12)  The region’s greenhouse gas emissions targets provided line 37 by the State Air Resources Board pursuant to Section 65080. line 38 (13)  Any other factors adopted by the council of governments, line 39 that further the objectives listed in subdivision (d) of Section line 40 65584, provided that the council of governments specifies which 97 AB 650 — 32 —

line 1 of the objectives each additional factor is necessary to further. The line 2 council of governments may include additional factors unrelated line 3 to furthering the objectives listed in subdivision (d) of Section line 4 65584 so long as the additional factors do not undermine the line 5 objectives listed in subdivision (d) of Section 65584 and are applied line 6 equally across all household income levels as described in line 7 subdivision (f) of Section 65584 and the council of governments line 8 makes a finding that the factor is necessary to address significant line 9 health and safety conditions.
line 10 (f)  The council of governments, or delegate subregion, as line 11 applicable, shall explain in writing how each of the factors line 12 described in subdivision (e) was incorporated into the methodology line 13 and how the methodology furthers the objectives listed in line 14 subdivision (d) of Section 65584. The methodology may include line 15 numerical weighting. This information, and any other supporting line 16 materials used in determining the methodology, shall be posted line 17 on the council of governments’, or delegate subregion’s, internet line 18 website.
line 19 (g)  The following criteria shall not be a justification for a line 20 determination or a reduction in a jurisdiction’s share of the regional line 21 housing need:
line 22 (1)  Any ordinance, policy, voter-approved measure, or standard line 23 of a city or county that directly or indirectly limits the number of line 24 residential building permits issued by a city or county. line 25 (2)  Prior underproduction of housing in a city or county from line 26 the previous regional housing need allocation, as determined by line 27 each jurisdiction’s annual production report submitted pursuant line 28 to subparagraph (H) of paragraph (2) of subdivision (a) of Section line 29 65400.
line 30 (3)  Stable population numbers in a city or county from the line 31 previous regional housing needs cycle.
line 32 (h)  Following the conclusion of the public comment period line 33 described in subdivision (d) on the proposed allocation line 34 methodology, and after making any revisions deemed appropriate line 35 by the council of governments, or delegate subregion, as applicable, line 36 as a result of comments received during the public comment period, line 37 and as a result of consultation with the department, each council line 38 of governments, or delegate subregion, as applicable, shall publish line 39 a draft allocation methodology on its internet website and submit 97 — 33 — AB 650

line 1 the draft allocation methodology, along with the information line 2 required pursuant to subdivision (e), to the department. line 3 (i)  Within 60 days, the department shall review the draft line 4 allocation methodology and report its written findings to the line 5 council of governments, or delegate subregion, as applicable. In line 6 its written findings the department shall determine whether the line 7 methodology furthers the objectives listed in subdivision (d) of line 8 Section 65584. If the department determines that the methodology line 9 is not consistent with subdivision (d) of Section 65584, the council line 10 of governments, or delegate subregion, as applicable, shall take line 11 one of the following actions:
line 12 (1)  Revise the methodology to further the objectives listed in line 13 subdivision (d) of Section 65584 and adopt a final regional, or line 14 subregional, housing need allocation methodology. line 15 (2)  Adopt the regional, or subregional, housing need allocation line 16 methodology without revisions and include within its resolution line 17 of adoption findings, supported by substantial evidence, as to why line 18 the council of governments, or delegate subregion, believes that line 19 the methodology furthers the objectives listed in subdivision (d) line 20 of Section 65584 despite the findings of the department. line 21 (j)  If the department’s findings are not available within the time line 22 limits set by subdivision (i), the council of governments, or delegate line 23 subregion, may act without them.
line 24 (k)  Upon either action pursuant to subdivision (i), the council line 25 of governments, or delegate subregion, shall provide notice of the line 26 adoption of the methodology to the jurisdictions within the region, line 27 or delegate subregion, as applicable, and to the department, and line 28 shall publish the adopted allocation methodology, along with its line 29 resolution and any adopted written findings, on its internet website. line 30 (l)  The department may, within 45 days, review the adopted line 31 methodology and report its findings to the council of governments, line 32 or delegate subregion.
line 33 (m)  (1)  It is the intent of the Legislature that housing planning line 34 be coordinated and integrated with the regional transportation plan. line 35 To achieve this goal, the allocation plan shall allocate housing line 36 units within the region consistent with the development pattern line 37 included in the sustainable communities strategy. line 38 (2)  (A)  The final allocation plan shall ensure that the total line 39 regional housing need, by income category, as determined under line 40 Section 65584, is maintained, and that each jurisdiction in the 97 AB 650 — 34 —

line 1 region receive an allocation of units for low- and very low income line 2 households.
line 3 (B)  For the seventh and subsequent revisions of the housing line 4 element, the allocation to each region required under subparagraph line 5 (A) shall also include an allocation of units for acutely low and line 6 extremely low income households.
line 7 (3)  The resolution approving the final housing need allocation line 8 plan shall demonstrate that the plan is consistent with the line 9 sustainable communities strategy in the regional transportation line 10 plan and furthers the objectives listed in subdivision (d) of Section line 11 65584.
line 12 (n)  This section shall become operative on January 1, 2025. line 13 (o)  For the seventh housing element cycle, the changes to this line 14 section made by the act adding this subdivision shall not apply to line 15 councils of governments with a housing element revision due date line 16 during the 2027 calendar year.
line 17 SEC. 5.
line 18 SEC. 6. Section 65584.05 of the Government Code is amended line 19 to read:
line 20 65584.05. (a)  At least two years before the scheduled revision line 21 required by Section 65588, each council of governments and line 22 delegate subregion, as applicable, shall distribute a draft allocation line 23 of regional housing needs to each local government in the region line 24 or subregion, where applicable, and the department, based on the line 25 methodology adopted pursuant to Section 65584.04 and shall line 26 publish the draft allocation on its internet website. The council of line 27 governments may additionally distribute the draft allocation plan line 28 upon adoption of the final methodology reviewed and accepted line 29 by the department pursuant to paragraph (2) of subdivision (i) of line 30 Section 65584.04. The draft allocation shall include the underlying line 31 data and methodology on which the allocation is based, and a line 32 statement as to how it furthers the objectives listed in subdivision line 33 (d) of Section 65584. It is the intent of the Legislature that the draft line 34 allocation should be distributed before the completion of the update line 35 of the applicable regional transportation plan. The draft allocation line 36 shall distribute to localities and subregions, if any, within the region line 37 the entire regional housing need determined pursuant to Section line 38 65584.01 or within subregions, as applicable, the subregion’s entire line 39 share of the regional housing need determined pursuant to Section line 40 65584.03.
97 — 35 — AB 650

line 1 (b)  Within 30 days following receipt of the draft allocation, a line 2 local government within the region or the delegate subregion, as line 3 applicable, or the department may appeal to the council of line 4 governments or the delegate subregion for a revision of the share line 5 of the regional housing need proposed to be allocated to one or line 6 more local governments. Appeals shall be based upon comparable line 7 data available for all affected jurisdictions and accepted planning line 8 methodology, and supported by adequate documentation, and shall line 9 include a statement as to why the revision is necessary to further line 10 the intent of the objectives listed in subdivision (d) of Section line 11 65584. An appeal pursuant to this subdivision shall be consistent line 12 with, and not to the detriment of, the development pattern in an line 13 applicable sustainable communities strategy developed pursuant line 14 to paragraph (2) of subdivision (b) of Section 65080. Appeals shall line 15 be limited to any of the following circumstances:
line 16 (1)  The council of governments or delegate subregion, as line 17 applicable, failed to adequately consider the information submitted line 18 pursuant to subdivision (b) of Section 65584.04. line 19 (2)  The council of governments or delegate subregion, as line 20 applicable, failed to determine the share of the regional housing line 21 need in accordance with the information described in, and the line 22 methodology established pursuant to, Section 65584.04, and in a line 23 manner that furthers, and does not undermine, the intent of the line 24 objectives listed in subdivision (d) of Section 65584. line 25 (3)  A significant and unforeseen change in circumstances has line 26 occurred in the local jurisdiction or jurisdictions that merits a line 27 revision of the information submitted pursuant to subdivision (b) line 28 of Section 65584.04. Appeals on this basis shall only be made by line 29 the jurisdiction or jurisdictions where the change in circumstances line 30 has occurred.
line 31 (c)  At the close of the period for filing appeals pursuant to line 32 subdivision (b), the council of governments or delegate subregion, line 33 as applicable, shall notify all other local governments within the line 34 region or delegate subregion and the department of all appeals and line 35 shall make all materials submitted in support of each appeal line 36 available on a publicly available internet website. Local line 37 governments and the department may, within 45 days, comment line 38 on one or more appeals. If no appeals are filed, the draft allocation line 39 may be adopted pursuant to subdivision (g).
97 AB 650 — 36 —

line 1 (d)  No later than 30 days after the close of the comment period, line 2 and after providing all local governments within the region or line 3 delegate subregion, as applicable, at least 10 days prior notice, the line 4 council of governments or delegate subregion shall conduct one line 5 public hearing to consider all appeals filed pursuant to subdivision line 6 (b) and all comments received pursuant to subdivision (c). line 7 (e)  No later than 45 days after the public hearing pursuant to line 8 subdivision (d), the council of governments or delegate subregion, line 9 as applicable, shall do all of the following:
line 10 (1)  Make a final determination that either accepts, rejects, or line 11 modifies each appeal for a revised share filed pursuant to line 12 subdivision (b). Final determinations shall be based upon the line 13 information and methodology described in Section 65584.04 and line 14 whether the revision is necessary to further the objectives listed line 15 in subdivision (d) of Section 65584. The final determination shall line 16 be in writing and shall include written findings as to how the line 17 determination is consistent with this article. The final determination line 18 on an appeal may require the council of governments or delegate line 19 subregion, as applicable, to adjust the share of the regional housing line 20 need allocated to one or more local governments that are not the line 21 subject of an appeal.
line 22 (2)  Issue a proposed final allocation plan.
line 23 (3)  Submit the proposed final allocation plan to the department. line 24 (4)  Set a date for a public hearing to adopt a final allocation line 25 plan pursuant to subdivision (g).
line 26 (f)  In the proposed final allocation plan, the council of line 27 governments or delegate subregion, as applicable, shall adjust line 28 allocations to local governments based upon the results of the line 29 appeals process. If the adjustments total 7 percent or less of the line 30 regional housing need determined pursuant to Section 65584.01, line 31 or, as applicable, total 7 percent or less of the subregion’s share line 32 of the regional housing need as determined pursuant to Section line 33 65584.03, then the council of governments or delegate subregion, line 34 as applicable, shall distribute the adjustments proportionally to all line 35 local governments. If the adjustments total more than 7 percent of line 36 the regional housing need, then the council of governments or line 37 delegate subregion, as applicable, shall develop a methodology to line 38 distribute the amount greater than the 7 percent to local line 39 governments. The total distribution of housing need shall not equal line 40 less than the regional housing need, as determined pursuant to 97 — 37 — AB 650

line 1 Section 65584.01, nor shall the subregional distribution of housing line 2 need equal less than its share of the regional housing need as line 3 determined pursuant to Section 65584.03.
line 4 (g)  Within 45 days after the issuance of the proposed final line 5 allocation plan by the council of governments and each delegate line 6 subregion, as applicable, the council of governments shall hold a line 7 public hearing to adopt a final allocation plan. To the extent that line 8 the final allocation plan fully allocates the regional share of line 9 statewide housing need, as determined pursuant to Section line 10 65584.01 and has taken into account all appeals, the council of line 11 governments shall have final authority to determine the distribution line 12 of the region’s existing and projected housing need as determined line 13 pursuant to Section 65584.01. The council of governments shall line 14 submit its final allocation plan to the department within three days line 15 of adoption. Within 15 days after the department’s receipt of the line 16 final allocation plan adopted by the council of governments, the line 17 department shall determine if the final allocation plan is consistent line 18 with the existing and projected housing need for the region, as line 19 determined pursuant to Section 65584.01. The department may line 20 revise the determination of the council of governments if necessary line 21 to obtain this consistency.
line 22 (h)  Any authority of the council of governments to review and line 23 revise the share of a city or county of the regional housing need line 24 under this section shall not constitute authority to revise, approve, line 25 or disapprove the manner in which the share of the city or county line 26 of the regional housing need is implemented through its housing line 27 program.
line 28 (i)  Any time period in subdivision (d) or (e) may be extended line 29 by a council of governments or delegate subregion, as applicable, line 30 for up to 30 days. Any time period in subdivision (b), (c), (d), (e), line 31 or (g) may be reduced by a council of governments or delegate line 32 subregion, as applicable, to facilitate earlier adoption of the final line 33 allocation plan. No time period shall be reduced to fewer than a line 34 minimum of 10 days.
line 35 (j)  The San Diego Association of Governments may follow the line 36 process in this section for the draft and final allocation plan for line 37 the sixth revision of the housing element notwithstanding such line 38 actions being carried out before the adoption of an updated regional line 39 transportation plan and sustainable communities strategy. 97 AB 650 — 38 —

line 1 (k)  For the seventh housing element cycle, the changes to this line 2 section made by the act adding this subdivision shall not apply to line 3 councils of governments with a housing element revision due date line 4 during the 2027 calendar year.
line 5 SEC. 6.
line 6 SEC. 7. Section 65585 of the Government Code is amended line 7 to read:
line 8 65585. (a)  In the preparation of its housing element, each city line 9 and county shall consider the guidelines adopted by the department line 10 pursuant to Section 50459 of the Health and Safety Code. Those line 11 guidelines shall be advisory to each city or county in the line 12 preparation of its housing element.
line 13 (b)  (1)  (A)  At least 90 days prior to adoption of a revision of line 14 its housing element pursuant to subdivision (e) of Section 65588, line 15 or at least 60 days prior to the adoption of a subsequent amendment line 16 to this element, the planning agency shall submit a draft element line 17 revision or draft amendment to the department. The local line 18 government of the planning agency shall make the first draft line 19 revision of a housing element available for public comment for at line 20 least 30 days and, if any comments are received, the local line 21 government shall take at least 10 business days after the 30-day line 22 public comment period to consider and incorporate public line 23 comments into the draft revision prior to submitting it to the line 24 department. For any subsequent draft revision, the local line 25 government shall post the draft revision on its internet website and line 26 shall email a link to the draft revision to all individuals and line 27 organizations that have previously requested notices relating to line 28 the local government’s housing element at least seven days before line 29 submitting the draft revision to the department. line 30 (B)  The planning agency staff shall collect and compile the line 31 public comments regarding the housing element received by the line 32 city, county, or city and county and provide these comments to line 33 each member of the legislative body before it adopts the housing line 34 element.
line 35 (C)  The department shall review the draft and report its written line 36 findings to the planning agency within 90 days of its receipt of the line 37 first draft submittal for each housing element revision pursuant to line 38 subdivision (e) of Section 65588 or within 60 days of its receipt line 39 of a subsequent draft amendment or an adopted revision or adopted line 40 amendment to an element. The department shall not review the 97 — 39 — AB 650

line 1 first draft submitted for each housing element revision pursuant line 2 to subdivision (e) of Section 65588 until the local government has line 3 made the draft available for public comment for at least 30 days line 4 and, if comments were received, has taken at least 10 business line 5 days to consider and incorporate public comments pursuant to line 6 paragraph (1).
line 7 (2)  (A)  At least 90 days prior to the initial adoption of a revision line 8 of its housing element pursuant to subdivision (e) of Section 65588, line 9 and at least 7 days prior to any subsequent adoption submittal if line 10 changes have occurred to the inventory of sites, a local government line 11 shall do both of the following:
line 12 (i)  Make a draft of its inventory of sites required pursuant to line 13 paragraph (3) of subdivision (a) of Section 65583 available to the line 14 department and the public and post the draft inventory on its line 15 internet website.
line 16 (ii)  Send an email to all individuals and organizations that have line 17 previously requested notices notifying them that the inventory has line 18 been updated that includes a link to the draft inventory on its line 19 website.
line 20 (B)  The requirements of this paragraph shall apply to the seventh line 21 and each subsequent revision of the housing element. line 22 (c)  In the preparation of its findings, the department may consult line 23 with any public agency, group, or person. The department shall line 24 receive and consider any written comments from any public line 25 agency, group, or person regarding the draft or adopted element line 26 or amendment under review.
line 27 (d)  In its written findings, the department shall determine line 28 whether the draft element or draft amendment substantially line 29 complies with this article. If the department finds that the draft line 30 element or draft amendment does not substantially comply with line 31 this article, the department shall in a written communication to the line 32 planning agency do both of the following:
line 33 (1)  Identify and explain the specific deficiencies in the draft line 34 element or draft amendment, including a reference to each line 35 subdivision of Section 65583 that the draft element or draft line 36 amendment does not comply with.
line 37 (2)  Provide the specific analysis or text that the department line 38 expects the planning agency to include in the draft element or draft line 39 amendment to remedy the deficiencies identified in paragraph (1). 97 AB 650 — 40 —

line 1 (e)  Prior to the adoption of its draft element or draft amendment, line 2 the legislative body shall consider the findings made, and the line 3 specific analysis or text required, by the department. If the line 4 department’s findings are not available within the time limits set line 5 by this section, the legislative body may act without them. line 6 (f)  If the department finds that the draft element or draft line 7 amendment does not substantially comply with this article, the line 8 legislative body shall take one of the following actions:
line 9 (1)  (A)  Include the specific analysis or text in the draft element line 10 or draft amendment to substantially comply with this article, as line 11 required by the department pursuant to subdivision (d). line 12 (B)  Any change to a draft element or draft amendment pursuant line 13 to subparagraph (A) shall be completed in accordance with line 14 subdivision (b). This subparagraph does not constitute a change line 15 in, but is declaratory of, existing law.
line 16 (C)  Notwithstanding Section 65589.5, a jurisdiction shall not line 17 be required to approve a builder’s remedy project, as defined in line 18 paragraph (11) of subdivision (h) of Section 65889.5, within the line 19 planning agency’s jurisdiction during either of the following line 20 periods:
line 21 (i)  The duration of the department’s review of a draft element line 22 or draft amendment revised pursuant to this paragraph. line 23 (ii)  Ninety days from the date the department notifies the line 24 planning agency of additional deficiencies not previously identified line 25 by the department in response to the prior submission of the draft line 26 element or draft amendment.
line 27 (2)  Adopt the draft element or draft amendment without the line 28 specific analysis or text required by the department pursuant to line 29 subdivision (d). The legislative body shall include in its resolution line 30 of adoption written findings that explain the reasons the legislative line 31 body believes that the draft element or draft amendment line 32 substantially complies with this article despite the findings of, and line 33 specific analysis or text required by, the department. line 34 (g)  (1)  Promptly following the adoption of its element or line 35 amendment, the planning agency shall submit a copy of the adopted line 36 element or amendment and any findings made pursuant to line 37 paragraph (2) of subdivision (f) to the department. line 38 (2)  This subdivision shall not be construed to excuse a legislative line 39 body from complying with subdivision (f). This paragraph does line 40 not constitute a change in, but is declaratory of, existing law. 97 — 41 — AB 650

line 1 (h)  The department shall, within 60 days, review adopted line 2 housing elements or amendments and any findings pursuant to line 3 paragraph (2) of subdivision (f), make a finding as to whether the line 4 adopted element or amendment is in substantial compliance with line 5 this article, and report its findings to the planning agency. If the line 6 department finds that the adopted element or amendment is not in line 7 substantial compliance with this article, the department shall line 8 identify each subdivision of Section 65583 that the housing element line 9 does not substantially comply with and provide the specific analysis line 10 or text to the planning agency that, if adopted, would bring the line 11 housing element or amendment into substantial compliance. line 12 (i)  (1)  (A)  The department shall review any action or failure line 13 to act by the city, county, or city and county that it determines is line 14 inconsistent with an adopted housing element or Section 65583, line 15 including any failure to implement any program actions included line 16 in the housing element pursuant to Section 65583. The department line 17 shall issue written findings to the city, county, or city and county line 18 as to whether the action or failure to act substantially complies line 19 with this article, and provide a reasonable time no longer than 30 line 20 days for the city, county, or city and county to respond to the line 21 findings before taking any other action authorized by this section, line 22 including the action authorized by subparagraph (C). line 23 (B)  If the department finds that the city’s, county’s, or city and line 24 county’s action or failure to act does not substantially comply with line 25 its adopted housing element or its obligations pursuant to Section line 26 65583, there shall be a rebuttable presumption of invalidity in any line 27 legal action challenging that action or failure to act. line 28 (C)  If the department finds that the action or failure to act by line 29 the city, county, or city and county does not substantially comply line 30 with this article, and if it has issued findings pursuant to this section line 31 that an amendment to the housing element substantially complies line 32 with this article, the department may revoke its findings until it line 33 determines that the city, county, or city and county has come into line 34 compliance with this article.
line 35 (2)  The department may consult with any local government, line 36 public agency, group, or person, and shall receive and consider line 37 any written comments from any public agency, group, or person, line 38 regarding the action or failure to act by the city, county, or city line 39 and county described in paragraph (1), in determining whether the line 40 housing element substantially complies with this article. 97 AB 650 — 42 —

line 1 (j)  The department shall notify the city, county, or city and line 2 county and may notify the office of the Attorney General that the line 3 city, county, or city and county is in violation of state law if the line 4 department finds that the housing element or an amendment to this line 5 element, or any action or failure to act described in subdivision line 6 (j), does not substantially comply with this article or that any local line 7 government has taken an action in violation of the following:
line 8 (1)  Housing Accountability Act (Section 65589.5). line 9 (2)  Section 65863.
line 10 (3)  Chapter 4.3 (commencing with Section 65915). line 11 (4)  Section 65008.
line 12 (5)  Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, line 13 Sections 65941.1, 65943, and 66300).
line 14 (6)  Section 8899.50.
line 15 (7)  Section 65913.4.
line 16 (8)  Article 11 (commencing with Section 65650). line 17 (9)  Article 12 (commencing with Section 65660). line 18 (10)  Section 65913.11.
line 19 (11)  Section 65400.
line 20 (12)  Section 65863.2.
line 21 (13)  Chapter 4.1 (commencing with Section 65912.100). line 22 (14)  Section 65905.5.
line 23 (15)  Chapter 13 (commencing with Section 66310). line 24 (16)  Section 65852.21.
line 25 (17)  Section 65852.24.
line 26 (18)  Section 66411.7.
line 27 (19)  Section 65913.16.
line 28 (20)  Article 2 (commencing with Section 66300.5) of Chapter line 29 12.
line 30 (21)  Section 65852.28.
line 31 (22)  Section 65913.4.5.
line 32 (23)  Section 66499.41.
line 33 (24)  Homeless Housing, Assistance, and Prevention program line 34 (Chapter 6 (commencing with Section 50216) and Chapter 6.5 line 35 (commencing with Section 50230) of Part 1 of Division 31 of the line 36 Health and Safety Code).
line 37 (25)  Encampment Resolution Funding program (Chapter 7 line 38 (commencing with Section 50250) of Part 1 of Division 31 of the line 39 Health and Safety Code).
97 — 43 — AB 650

line 1 (26)  Family Homelessness Challenge Grants and Technical line 2 Assistance Program (Chapter 8 (commencing with Section 50255) line 3 of Part 1 of Division 31 of the Health and Safety Code). line 4 (27)  (A)  Article 11.5 (commencing with Section 65658). line 5 (B)  This paragraph shall become operative only if Assembly line 6 Bill 3068 of the 2023–24 Regular Session of the Legislature is line 7 enacted and takes effect on or before January 1, 2025. line 8 (k)  Commencing July 1, 2019, prior to the Attorney General line 9 bringing any suit for a violation of the provisions identified in line 10 subdivision (j) related to housing element compliance and seeking line 11 remedies available pursuant to this subdivision, the department line 12 shall offer the jurisdiction the opportunity for two meetings in line 13 person or via telephone to discuss the violation, and shall provide line 14 the jurisdiction written findings regarding the violation. This line 15 paragraph does not affect any action filed prior to the effective line 16 date of this section. The requirements set forth in this subdivision line 17 do not apply to any suits brought for a violation or violations of line 18 paragraphs (1) and (3) to (9), inclusive, of subdivision (j). line 19 (l)  In any action or special proceeding brought by the Attorney line 20 General relating to housing element compliance pursuant to a line 21 notice or referral under subdivision (j), the Attorney General may line 22 request, upon a finding of the court that the housing element does line 23 not substantially comply with the requirements of this article line 24 pursuant to this section, that the court issue an order or judgment line 25 directing the jurisdiction to bring its housing element into line 26 substantial compliance with the requirements of this article. The line 27 court shall retain jurisdiction to ensure that its order or judgment line 28 is carried out. If a court determines that the housing element of line 29 the jurisdiction substantially complies with this article, it shall line 30 have the same force and effect, for purposes of eligibility for any line 31 financial assistance that requires a housing element in substantial line 32 compliance and for purposes of any incentives provided under line 33 Section 65589.9, as a determination by the department that the line 34 housing element substantially complies with this article. line 35 (1)  If the jurisdiction has not complied with the order or line 36 judgment after 12 months, the court shall conduct a status line 37 conference. Following the status conference, upon a determination line 38 that the jurisdiction failed to comply with the order or judgment line 39 compelling substantial compliance with the requirements of this line 40 article, the court shall impose fines on the jurisdiction, which shall 97 AB 650 — 44 —

line 1 be deposited into the Building Homes and Jobs Trust Fund. Any line 2 fine levied pursuant to this paragraph shall be in a minimum line 3 amount of ten thousand dollars ($10,000) per month, but shall not line 4 exceed one hundred thousand dollars ($100,000) per month, except line 5 as provided in paragraphs (2) and (3). In the event that the line 6 jurisdiction fails to pay fines imposed by the court in full and on line 7 time, the court may require the Controller to intercept any available line 8 state and local funds and direct such funds to the Building Homes line 9 and Jobs Trust Fund to correct the jurisdiction’s failure to pay. line 10 The intercept of the funds by the Controller for this purpose shall line 11 not violate any provision of the California Constitution. line 12 (2)  If the jurisdiction has not complied with the order or line 13 judgment after three months following the imposition of fees line 14 described in paragraph (1), the court shall conduct a status line 15 conference. Following the status conference, if the court finds that line 16 the fees imposed pursuant to paragraph (1) are insufficient to bring line 17 the jurisdiction into compliance with the order or judgment, the line 18 court may multiply the fine determined pursuant to paragraph (1) line 19 by a factor of three. In the event that the jurisdiction fails to pay line 20 fines imposed by the court in full and on time, the court may line 21 require the Controller to intercept any available state and local line 22 funds and direct such funds to the Building Homes and Jobs Trust line 23 Fund to correct the jurisdiction’s failure to pay. The intercept of line 24 the funds by the Controller for this purpose shall not violate any line 25 provision of the California Constitution.
line 26 (3)  If the jurisdiction has not complied with the order or line 27 judgment six months following the imposition of fees described line 28 in paragraph (1), the court shall conduct a status conference. Upon line 29 a determination that the jurisdiction failed to comply with the order line 30 or judgment, the court may impose the following:
line 31 (A)  If the court finds that the fees imposed pursuant to line 32 paragraphs (1) and (2) are insufficient to bring the jurisdiction into line 33 compliance with the order or judgment, the court may multiply line 34 the fine determined pursuant to paragraph (1) by a factor of six. line 35 In the event that the jurisdiction fails to pay fines imposed by the line 36 court in full and on time, the court may require the Controller to line 37 intercept any available state and local funds and direct such funds line 38 to the Building Homes and Jobs Trust Fund to correct the line 39 jurisdiction’s failure to pay. The intercept of the funds by the 97 — 45 — AB 650

line 1 Controller for this purpose shall not violate any provision of the line 2 California Constitution.
line 3 (B)  The court may order remedies available pursuant to Section line 4 564 of the Code of Civil Procedure, under which the agent of the line 5 court may take all governmental actions necessary to bring the line 6 jurisdiction’s housing element into substantial compliance pursuant line 7 to this article in order to remedy identified deficiencies. The court line 8 shall determine whether the housing element of the jurisdiction line 9 substantially complies with this article and, once the court makes line 10 that determination, it shall have the same force and effect, for all line 11 purposes, as the department’s determination that the housing line 12 element substantially complies with this article. An agent appointed line 13 pursuant to this paragraph shall have expertise in planning in line 14 California.
line 15 (4)  This subdivision does not limit a court’s discretion to apply line 16 any and all remedies in an action or special proceeding for a line 17 violation of any law identified in subdivision (j). line 18 (m)  In determining the application of the remedies available line 19 under subdivision (l), the court shall consider whether there are line 20 any mitigating circumstances delaying the jurisdiction from coming line 21 into compliance with state housing law. The court may consider line 22 whether a city, county, or city and county is making a good faith line 23 effort to come into substantial compliance or is facing substantial line 24 undue hardships.
line 25 (n)  Nothing in this section shall limit the authority of the office line 26 of the Attorney General to bring a suit to enforce state law in an line 27 independent capacity. The office of the Attorney General may seek line 28 all remedies available under law including those set forth in this line 29 section.
line 30 (o)  Notwithstanding Sections 11040 and 11042, if the Attorney line 31 General declines to represent the department in any action or line 32 special proceeding brought pursuant to a notice or referral under line 33 subdivision (j), the department may appoint or contract with other line 34 counsel for purposes of representing the department in the action line 35 or special proceeding.
line 36 (p)  Notwithstanding any other provision of law, the statute of line 37 limitations set forth in subdivision (a) of Section 338 of the Code line 38 of Civil Procedure shall apply to any action or special proceeding line 39 brought by the office of the Attorney General or pursuant to a 97 AB 650 — 46 —

line 1 notice or referral under subdivision (j), or by the department line 2 pursuant to subdivision (o).
line 3 (q)  The amendments to this section made by the act adding this line 4 subdivision shall not be construed to limit the department’s ability line 5 to enforce programmatic requirements or remedies against cities, line 6 counties, and continuums of care pursuant to the Homeless line 7 Housing, Assistance, and Prevention program (Chapter 6 line 8 (commencing with Section 50216) and Chapter 6.5 (commencing line 9 with Section 50230) of Part 1 of Division 31 of the Health and line 10 Safety Code), the Encampment Resolution Funding program line 11 (Chapter 7 (commencing with Section 50250)), and the Family line 12 Homelessness Challenge Grants and Technical Assistance Program line 13 (Chapter 8 (commencing with Section 50255)).
line 14 SEC. 7. Section 65589.5 of the Government Code is amended line 15 to read:
line 16 65589.5. (a)  (1)  The Legislature finds and declares all of the line 17 following:
line 18 (A)  The lack of housing, including emergency shelters, is a line 19 critical problem that threatens the economic, environmental, and line 20 social quality of life in California.
line 21 (B)  California housing has become the most expensive in the line 22 nation. The excessive cost of the state’s housing supply is partially line 23 caused by activities and policies of many local governments that line 24 limit the approval of housing, increase the cost of land for housing, line 25 and require that high fees and exactions be paid by producers of line 26 housing.
line 27 (C)  Among the consequences of those actions are discrimination line 28 against low-income and minority households, lack of housing to line 29 support employment growth, imbalance in jobs and housing, line 30 reduced mobility, urban sprawl, excessive commuting, and air line 31 quality deterioration.
line 32 (D)  Many local governments do not give adequate attention to line 33 the economic, environmental, and social costs of decisions that line 34 result in disapproval of housing development projects, reduction line 35 in density of housing projects, and excessive standards for housing line 36 development projects.
line 37 (2)  In enacting the amendments made to this section by the act line 38 adding this paragraph, the Legislature further finds and declares line 39 the following:
97 — 47 — AB 650

line 1 (A)  California has a housing supply and affordability crisis of line 2 historic proportions. The consequences of failing to effectively line 3 and aggressively confront this crisis are hurting millions of line 4 Californians, robbing future generations of the chance to call line 5 California home, stifling economic opportunities for workers and line 6 businesses, worsening poverty and homelessness, and undermining line 7 the state’s environmental and climate objectives. line 8 (B)  While the causes of this crisis are multiple and complex, line 9 the absence of meaningful and effective policy reforms to line 10 significantly enhance the approval and supply of housing affordable line 11 to Californians of all income levels is a key factor. line 12 (C)  The crisis has grown so acute in California that supply, line 13 demand, and affordability fundamentals are characterized in the line 14 negative: underserved demands, constrained supply, and protracted line 15 unaffordability.
line 16 (D)  According to reports and data, California has accumulated line 17 an unmet housing backlog of nearly 2,000,000 units and must line 18 provide for at least 180,000 new units annually to keep pace with line 19 growth through 2025.
line 20 (E)  California’s overall home ownership rate is at its lowest line 21 level since the 1940s. The state ranks 49th out of the 50 states in line 22 home ownership rates as well as in the supply of housing per capita. line 23 Only one-half of California’s households are able to afford the line 24 cost of housing in their local regions.
line 25 (F)  Lack of supply and rising costs are compounding inequality line 26 and limiting advancement opportunities for many Californians. line 27 (G)  The majority of California renters, more than 3,000,000 line 28 households, pay more than 30 percent of their income toward rent line 29 and nearly one-third, more than 1,500,000 households, pay more line 30 than 50 percent of their income toward rent.
line 31 (H)  When Californians have access to safe and affordable line 32 housing, they have more money for food and health care; they are line 33 less likely to become homeless and in need of
line 34 government-subsidized services; their children do better in school; line 35 and businesses have an easier time recruiting and retaining line 36 employees.
line 37 (I)  An additional consequence of the state’s cumulative housing line 38 shortage is a significant increase in greenhouse gas emissions line 39 caused by the displacement and redirection of populations to states line 40 with greater housing opportunities, particularly working- and 97 AB 650 — 48 —

line 1 middle-class households. California’s cumulative housing shortfall line 2 therefore has not only national but international environmental line 3 consequences.
line 4 (J)  California’s housing picture has reached a crisis of historic line 5 proportions despite the fact that, for decades, the Legislature has line 6 enacted numerous statutes intended to significantly increase the line 7 approval, development, and affordability of housing for all income line 8 levels, including this section.
line 9 (K)  The Legislature’s intent in enacting this section in 1982 and line 10 in expanding its provisions since then was to significantly increase line 11 the approval and construction of new housing for all economic line 12 segments of California’s communities by meaningfully and line 13 effectively curbing the capability of local governments to deny, line 14 reduce the density for, or render infeasible housing development line 15 projects and emergency shelters. That intent has not been fulfilled. line 16 (L)  It is the policy of the state that this section be interpreted line 17 and implemented in a manner to afford the fullest possible weight line 18 to the interest of, and the approval and provision of, housing. line 19 (3)  It is the intent of the Legislature that the conditions that line 20 would have a specific, adverse impact upon the public health and line 21 safety, as described in paragraph (2) of subdivision (d) and line 22 paragraph (1) of subdivision (j), arise infrequently. line 23 (4)  It is the intent of the Legislature that the amendments line 24 removing provisions from subparagraphs (D) and (E) of paragraph line 25 (6) of subdivision (h) and adding those provisions to Sections line 26 65589.5.1 and 65589.5.2 by Assembly Bill 1413 (2023), insofar line 27 as they are substantially the same as existing law, shall be line 28 considered restatements and continuations of existing law, and not line 29 new enactments.
line 30 (b)  It is the policy of the state that a local government not reject line 31 or make infeasible housing development projects, including line 32 emergency shelters, that contribute to meeting the need determined line 33 pursuant to this article without a thorough analysis of the economic, line 34 social, and environmental effects of the action and without line 35 complying with subdivision (d).
line 36 (c)  The Legislature also recognizes that premature and line 37 unnecessary development of agricultural lands for urban uses line 38 continues to have adverse effects on the availability of those lands line 39 for food and fiber production and on the economy of the state. line 40 Furthermore, it is the policy of the state that development should 97 — 49 — AB 650

line 1 be guided away from prime agricultural lands; therefore, in line 2 implementing this section, local jurisdictions should encourage, line 3 to the maximum extent practicable, in filling existing urban areas. line 4 (d)  For a housing development project for very low, low-, or line 5 moderate-income households, or an emergency shelter, a local line 6 agency shall not disapprove the housing development project or line 7 emergency shelter, or condition approval in a manner that renders line 8 the housing development project or emergency shelter infeasible, line 9 including through the use of design review standards, unless it line 10 makes written findings, based upon a preponderance of the line 11 evidence in the record, as to one of the following:
line 12 (1)  The jurisdiction has adopted a housing element pursuant to line 13 this article that has been revised in accordance with Section 65588, line 14 is in substantial compliance with this article, and the jurisdiction line 15 has met or exceeded its share of the regional housing need line 16 allocation pursuant to Section 65584 for the planning period for line 17 the income category proposed for the housing development project, line 18 provided that any disapproval or conditional approval shall not be line 19 based on any of the reasons prohibited by Section 65008. If the line 20 housing development project includes a mix of income categories, line 21 and the jurisdiction has not met or exceeded its share of the regional line 22 housing need for one or more of those categories, then this line 23 paragraph shall not be used to disapprove or conditionally approve line 24 the housing development project. The share of the regional housing line 25 need met by the jurisdiction shall be calculated consistently with line 26 the forms and definitions that may be adopted by the Department line 27 of Housing and Community Development pursuant to Section line 28 65400. In the case of an emergency shelter, the jurisdiction shall line 29 have met or exceeded the need for emergency shelter, as identified line 30 pursuant to paragraph (7) of subdivision (a) of Section 65583. Any line 31 disapproval or conditional approval pursuant to this paragraph line 32 shall be in accordance with applicable law, rule, or standards. line 33 (2)  The housing development project or emergency shelter as line 34 proposed would have a specific, adverse impact upon the public line 35 health or safety, and there is no feasible method to satisfactorily line 36 mitigate or avoid the specific, adverse impact without rendering line 37 the development unaffordable to low- and moderate-income line 38 households or rendering the development of the emergency shelter line 39 financially infeasible. As used in this paragraph, a “specific, line 40 adverse impact” means a significant, quantifiable, direct, and 97 AB 650 — 50 —

line 1 unavoidable impact, based on objective, identified written public line 2 health or safety standards, policies, or conditions as they existed line 3 on the date the application was deemed complete. The following line 4 shall not constitute a specific, adverse impact upon the public line 5 health or safety:
line 6 (A)  Inconsistency with the zoning ordinance or general plan line 7 land use designation.
line 8 (B)  The eligibility to claim a welfare exemption under line 9 subdivision (g) of Section 214 of the Revenue and Taxation Code. line 10 (3)  The denial of the housing development project or imposition line 11 of conditions is required in order to comply with specific state or line 12 federal law, and there is no feasible method to comply without line 13 rendering the development unaffordable to low- and line 14 moderate-income households or rendering the development of the line 15 emergency shelter financially infeasible.
line 16 (4)  The housing development project or emergency shelter is line 17 proposed on land zoned for agriculture or resource preservation line 18 that is surrounded on at least two sides by land being used for line 19 agricultural or resource preservation purposes, or which does not line 20 have adequate water or wastewater facilities to serve the project. line 21 (5)  On the date an application for the housing development line 22 project or emergency shelter was deemed complete, the jurisdiction line 23 had adopted a revised housing element that was in substantial line 24 compliance with this article, and the housing development project line 25 or emergency shelter was inconsistent with both the jurisdiction’s line 26 zoning ordinance and general plan land use designation as specified line 27 in any element of the general plan.
line 28 (A)  This paragraph shall not be utilized to disapprove or line 29 conditionally approve a housing development project proposed on line 30 a site, including a candidate site for rezoning, that is identified as line 31 suitable or available for very low, low-, or moderate-income line 32 households in the jurisdiction’s housing element if the housing line 33 development project is consistent with the density specified in the line 34 housing element, even though the housing development project line 35 was inconsistent with both the jurisdiction’s zoning ordinance and line 36 general plan land use designation on the date the application was line 37 deemed complete.
line 38 (B)  If the local agency has failed to identify a zone or zones line 39 where emergency shelters are allowed as a permitted use without line 40 a conditional use or other discretionary permit, has failed to 97 — 51 — AB 650

line 1 demonstrate that the identified zone or zones include sufficient line 2 capacity to accommodate the need for emergency shelter identified line 3 in paragraph (7) of subdivision (a) of Section 65583, or has failed line 4 to demonstrate that the identified zone or zones can accommodate line 5 at least one emergency shelter, as required by paragraph (4) of line 6 subdivision (a) of Section 65583, then this paragraph shall not be line 7 utilized to disapprove or conditionally approve an emergency line 8 shelter proposed for a site designated in any element of the general line 9 plan for industrial, commercial, or multifamily residential uses. In line 10 any action in court, the burden of proof shall be on the local agency line 11 to show that its housing element does satisfy the requirements of line 12 paragraph (4) of subdivision (a) of Section 65583. line 13 (6)  On the date an application for the housing development line 14 project or emergency shelter was deemed complete, the jurisdiction line 15 did not have an adopted revised housing element that was in line 16 substantial compliance with this article and the housing line 17 development project is not a builder’s remedy project. line 18 (7)  On the date an application for the housing development line 19 project or emergency shelter was deemed complete, the jurisdiction line 20 did not have an adopted revised housing element that was in line 21 substantial compliance with this article, and the housing line 22 development project is a builder’s remedy project, and at least one line 23 of the conditions described in subparagraph (C) of paragraph (1) line 24 of subdivision (f) of Section 65585 applies.
line 25 (e)  Nothing in this section shall be construed to relieve the local line 26 agency from complying with the congestion management program line 27 required by Chapter 2.6 (commencing with Section 65088) of line 28 Division 1 of Title 7 or the California Coastal Act of 1976 line 29 (Division 20 (commencing with Section 30000) of the Public line 30 Resources Code). Neither shall anything in this section be line 31 construed to relieve the local agency from making one or more of line 32 the findings required pursuant to Section 21081 of the Public line 33 Resources Code or otherwise complying with the California line 34 Environmental Quality Act (Division 13 (commencing with Section line 35 21000) of the Public Resources Code).
line 36 (f)  (1)  Except as provided in paragraphs (6) and (8) of this line 37 subdivision, and subdivision (o), nothing in this section shall be line 38 construed to prohibit a local agency from requiring the housing line 39 development project to comply with objective, quantifiable, written line 40 development standards, conditions, and policies appropriate to, 97 AB 650 — 52 —

line 1 and consistent with, meeting the jurisdiction’s share of the regional line 2 housing need pursuant to Section 65584. However, the line 3 development standards, conditions, and policies shall be applied line 4 to facilitate and accommodate development at the density permitted line 5 on the site and proposed by the development. Nothing in this line 6 section shall limit a project’s eligibility for a density bonus, line 7 incentive, or concession, or waiver or reduction of development line 8 standards and parking ratios, pursuant to Section 65915. line 9 (2)  Except as provided in subdivision (o), nothing in this section line 10 shall be construed to prohibit a local agency from requiring an line 11 emergency shelter project to comply with objective, quantifiable, line 12 written development standards, conditions, and policies that are line 13 consistent with paragraph (4) of subdivision (a) of Section 65583 line 14 and appropriate to, and consistent with, meeting the jurisdiction’s line 15 need for emergency shelter, as identified pursuant to paragraph line 16 (7) of subdivision (a) of Section 65583. However, the development line 17 standards, conditions, and policies shall be applied by the local line 18 agency to facilitate and accommodate the development of the line 19 emergency shelter project.
line 20 (3)  Except as provided in subdivision (o), nothing in this section line 21 shall be construed to prohibit a local agency from imposing fees line 22 and other exactions otherwise authorized by law that are essential line 23 to provide necessary public services and facilities to the housing line 24 development project or emergency shelter.
line 25 (4)  For purposes of this section, a housing development project line 26 or emergency shelter shall be deemed consistent, compliant, and line 27 in conformity with an applicable plan, program, policy, ordinance, line 28 standard, requirement, or other similar provision if there is line 29 substantial evidence that would allow a reasonable person to line 30 conclude that the housing development project or emergency line 31 shelter is consistent, compliant, or in conformity. line 32 (5)  For purposes of this section, a change to the zoning ordinance line 33 or general plan land use designation subsequent to the date the line 34 application was deemed complete shall not constitute a valid basis line 35 to disapprove or condition approval of the housing development line 36 project or emergency shelter.
line 37 (6)  Notwithstanding paragraphs (1) to (5), inclusive, all of the line 38 following apply to a housing development project that is a builder’s line 39 remedy project:
97 — 53 — AB 650

line 1 (A)  A local agency may only require the project to comply with line 2 the objective, quantifiable, written development standards, line 3 conditions, and policies that would have applied to the project had line 4 it been proposed on a site with a general plan designation and line 5 zoning classification that allow the density and unit type proposed line 6 by the applicant. If the local agency has no general plan designation line 7 or zoning classification that would have allowed the density and line 8 unit type proposed by the applicant, the development proponent line 9 may identify any objective, quantifiable, written development line 10 standards, conditions, and policies associated with a different line 11 general plan designation or zoning classification within that line 12 jurisdiction, that facilitate the project’s density and unit type, and line 13 those shall apply.
line 14 (B)  (i)  Except as authorized by paragraphs (1) to (4), inclusive, line 15 of subdivision (d), a local agency shall not apply any individual line 16 or combination of objective, quantifiable, written development line 17 standards, conditions, and policies to the project that do any of the line 18 following:
line 19 (I)  Render the project infeasible.
line 20 (II)  Preclude a project that meets the requirements allowed to line 21 be imposed by subparagraph (A), as modified by any density bonus, line 22 incentive, or concession, or waiver or reduction of development line 23 standards and parking ratios, pursuant to Section 65915, from line 24 being constructed as proposed by the applicant. line 25 (ii)  The local agency shall bear the burden of proof of complying line 26 with clause (i).
line 27 (C)  (i)  A project applicant that qualifies for a density bonus line 28 pursuant to Section 65915 shall receive two incentives or line 29 concessions in addition to those granted pursuant to paragraph (2) line 30 of subdivision (d) of Section 65915.
line 31 (ii)  For a project seeking density bonuses, incentives, line 32 concessions, or any other benefits pursuant to Section 65915, and line 33 notwithstanding paragraph (6) of subdivision (o) of Section 65915, line 34 for purposes of this paragraph, maximum allowable residential line 35 density or base density means the density permitted for a builder’s line 36 remedy project pursuant to subparagraph (C) of paragraph (11) of line 37 subdivision (h).
line 38 (iii)  A local agency shall grant any density bonus pursuant to line 39 Section 65915 based on the number of units proposed and 97 AB 650 — 54 —

line 1 allowable pursuant to subparagraph (C) of paragraph (11) of line 2 subdivision (h).
line 3 (iv)  A project that dedicates units to extremely low-income line 4 households pursuant to subclause (I) of clause (i) of subparagraph line 5 (C) of paragraph (3) of subdivision (h) shall be eligible for the line 6 same density bonus, incentives or concessions, and waivers or line 7 reductions of development standards as provided to a housing line 8 development project that dedicates three percentage points more line 9 units to very low income households pursuant to paragraph (2) of line 10 subdivision (f) of Section 65915.
line 11 (v)  All units dedicated to extremely low-income, very low line 12 income, low-income, and moderate-income households pursuant line 13 to paragraph (11) of subdivision (h) shall be counted as affordable line 14 units in determining whether the applicant qualifies for a density line 15 bonus pursuant to Section 65915.
line 16 (D)  (i)  The project shall not be required to apply for, or receive line 17 approval of, a general plan amendment, specific plan amendment, line 18 rezoning, or other legislative approval.
line 19 (ii)  The project shall not be required to apply for, or receive, line 20 any approval or permit not generally required of a project of the line 21 same type and density proposed by the applicant. line 22 (iii)  Any project that complies with this paragraph shall be line 23 deemed consistent, compliant, and in conformity with an applicable line 24 plan, program, policy, ordinance, standard, requirement, line 25 redevelopment plan and implementing instruments, or other similar line 26 provision for all purposes, and shall not be considered or treated line 27 as a nonconforming lot, use, or structure for any purpose. line 28 (E)  A local agency shall not adopt or impose any requirement, line 29 process, practice, or procedure or undertake any course of conduct, line 30 including, but not limited to, increased fees or inclusionary housing line 31 requirements, that applies to a project solely or partially on the line 32 basis that the project is a builder’s remedy project. line 33 (F)  (i)  A builder’s remedy project shall be deemed to be in line 34 compliance with the residential density standards for the purposes line 35 of complying with subdivision (b) of Section 65912.123. line 36 (ii)  A builder’s remedy project shall be deemed to be in line 37 compliance with the objective zoning standards, objective line 38 subdivision standards, and objective design review standards for line 39 the purposes of complying with paragraph (5) of subdivision (a) line 40 of Section 65913.4.
97 — 55 — AB 650

line 1 (G)  (i)  (I)  If the local agency had a local affordable housing line 2 requirement, as defined in Section 65912.101, that on January 1, line 3 2024, required a greater percentage of affordable units than line 4 required under subparagraph (A) of paragraph (11) of subdivision line 5 (h), or required an affordability level deeper than what is required line 6 under subparagraph (A) of paragraph (11) of subdivision (h), then, line 7 except as provided in subclauses (II) and (III), the local agency line 8 may require a housing development for mixed-income households line 9 to comply with an otherwise lawfully applicable local affordability line 10 percentage or affordability level. The local agency shall not require line 11 housing for mixed-income households to comply with any other line 12 aspect of the local affordable housing requirement. line 13 (II)  Notwithstanding subclause (I), the local affordable housing line 14 requirements shall not be applied to require housing for line 15 mixed-income households to dedicate more than 20 percent of the line 16 units to affordable units of any kind.
line 17 (III)  Housing for mixed-income households that is required to line 18 dedicate 20 percent of the units to affordable units shall not be line 19 required to dedicate any of the affordable units at an income level line 20 deeper than lower income households, as defined in Section line 21 50079.5 of the Health and Safety Code.
line 22 (IV)  A local agency may only require housing for mixed-income line 23 households to comply with the local percentage requirement or line 24 affordability level described in subclause (I) if it first makes written line 25 findings, supported by a preponderance of evidence, that line 26 compliance with the local percentage requirement or the line 27 affordability level, or both, would not render the housing line 28 development project infeasible. If a reasonable person could find line 29 compliance with either requirement, either alone or in combination, line 30 would render the project infeasible, the project shall not be required line 31 to comply with that requirement.
line 32 (ii)  Affordable units in the development project shall have a line 33 comparable bedroom and bathroom count as the market rate units. line 34 (iii)  Each affordable unit dedicated pursuant to this subparagraph line 35 shall count toward satisfying a local affordable housing line 36 requirement. Each affordable unit dedicated pursuant to a local line 37 affordable housing requirement that meets the criteria established line 38 in this subparagraph shall count towards satisfying the requirements line 39 of this subparagraph. This is declaratory of existing law. 97 AB 650 — 56 —

line 1 (7)  (A)  For a housing development project application that is line 2 deemed complete before January 1, 2025, the development line 3 proponent for the project may choose to be subject to the provisions line 4 of this section that were in place on the date the preliminary line 5 application was submitted, or, if the project meets the definition line 6 of a builder’s remedy project, it may choose to be subject to any line 7 or all of the provisions of this section applicable as of January 1, line 8 2025.
line 9 (B)  Notwithstanding subdivision (c) of Section 65941.1, for a line 10 housing development project deemed complete before January 1, line 11 2025, the development proponent may choose to revise their line 12 application so that the project is a builder’s remedy project, without line 13 being required to resubmit a preliminary application, even if the line 14 revision results in the number of residential units or square footage line 15 of construction changing by 20 percent or more. line 16 (8)  A housing development project proposed on a site that is line 17 identified as suitable or available for very low, low-, or line 18 moderate-income households in the jurisdiction’s housing element, line 19 that is consistent with the density specified in the most recently line 20 updated and adopted housing element, and that is inconsistent with line 21 both the jurisdiction’s zoning ordinance and general plan land use line 22 designation on the date the application was deemed complete, shall line 23 be subject to the provisions of subparagraphs (A), (B), and (D) of line 24 paragraph (6) and paragraph (9).
line 25 (9)  For purposes of this subdivision, “objective, quantifiable, line 26 written development standards, conditions, and policies” means line 27 criteria that involve no personal or subjective judgment by a public line 28 official and are uniformly verifiable by reference to an external line 29 and uniform benchmark or criterion available and knowable by line 30 both the development applicant or proponent and the public official line 31 before submittal, including, but not limited to, any standard, line 32 ordinance, or policy described in paragraph (4) of subdivision (o). line 33 Nothing herein shall affect the obligation of the housing line 34 development project to comply with the minimum building line 35 standards approved by the California Building Standards line 36 Commission as provided in Part 2.5 (commencing with Section line 37 18901) of Division 13 of the Health and Safety Code. In the event line 38 that applicable objective, quantifiable, written development line 39 standards, conditions, and policies are mutually inconsistent, a line 40 development shall be deemed consistent with the criteria that 97 — 57 — AB 650

line 1 permits the density and unit type closest to that of the proposed line 2 project.
line 3 (g)  This section shall be applicable to charter cities because the line 4 Legislature finds that the lack of housing, including emergency line 5 shelter, is a critical statewide problem.
line 6 (h)  The following definitions apply for the purposes of this line 7 section:
line 8 (1)  “Feasible” means capable of being accomplished in a line 9 successful manner within a reasonable period of time, taking into line 10 account economic, environmental, social, and technological factors. line 11 (2)  “Housing development project” means a use consisting of line 12 any of the following:
line 13 (A)  Residential units only.
line 14 (B)  Mixed-use developments consisting of residential and line 15 nonresidential uses that meet any of the following conditions:
line 16 (i)  At least two-thirds of the new or converted square footage line 17 is designated for residential use.
line 18 (ii)  At least 50 percent of the new or converted square footage line 19 is designated for residential use and the project meets both of the line 20 following:
line 21 (I)  The project includes at least 500 net new residential units. line 22 (II)  No portion of the project is designated for use as a hotel, line 23 motel, bed and breakfast inn, or other transient lodging, except a line 24 portion of the project may be designated for use as a residential line 25 hotel, as defined in Section 50519 of the Health and Safety Code. line 26 (iii)  At least 50 percent of the net new or converted square line 27 footage is designated for residential use and the project meets all line 28 of the following:
line 29 (I)  The project includes at least 500 net new residential units. line 30 (II)  The project involves the demolition or conversion of at least line 31 100,000 square feet of nonresidential use.
line 32 (III)  The project demolishes at least 50 percent of the existing line 33 nonresidential uses on the site.
line 34 (IV)  No portion of the project is designated for use as a hotel, line 35 motel, bed and breakfast inn, or other transient lodging, except a line 36 portion of the project may be designated for use as a residential line 37 hotel, as defined in Section 50519 of the Health and Safety Code. line 38 (C)  Transitional housing or supportive housing. line 39 (D)  Farmworker housing, as defined in subdivision (h) of line 40 Section 50199.7 of the Health and Safety Code.
97 AB 650 — 58 —

line 1 (3)  (A)  “Housing for very low, low-, or moderate-income line 2 households” means housing for lower income households, line 3 mixed-income households, or moderate-income households. line 4 (B)  “Housing for lower income households” means a housing line 5 development project in which 100 percent of the units, excluding line 6 managers’ units, are dedicated to lower income households, as line 7 defined in Section 50079.5 of the Health and Safety Code, at an line 8 affordable cost, as defined by Section 50052.5 of the Health and line 9 Safety Code, or an affordable rent set in an amount consistent with line 10 the rent limits established by the California Tax Credit Allocation line 11 Committee. The units shall be subject to a recorded deed restriction line 12 for a period of 55 years for rental units and 45 years for line 13 owner-occupied units.
line 14 (C)  (i)  “Housing for mixed-income households” means any of line 15 the following:
line 16 (I)  A housing development project in which at least 7 percent line 17 of the total units, as defined in subparagraph (A) of paragraph (8) line 18 of subdivision (o) of Section 65915, are dedicated to extremely line 19 low income households, as defined in Section 50106 of the Health line 20 and Safety Code.
line 21 (II)  A housing development project in which at least 10 percent line 22 of the total units, as defined in subparagraph (A) of paragraph (8) line 23 of subdivision (o) of Section 65915, are dedicated to very low line 24 income households, as defined in Section 50105 of the Health and line 25 Safety Code.
line 26 (III)  A housing development project in which at least 13 percent line 27 of the total units, as defined in subparagraph (A) of paragraph (8) line 28 of subdivision (o) of Section 65915, are dedicated to lower income line 29 households, as defined in Section 50079.5 of the Health and Safety line 30 Code.
line 31 (IV)  A housing development project in which there are 10 or line 32 fewer total units, as defined in subparagraph (A) of paragraph (8) line 33 of subdivision (o) of Section 65915, that is on a site that is smaller line 34 than one acre, and that is proposed for development at a minimum line 35 density of 10 units per acre.
line 36 (ii)  All units dedicated to extremely low income, very low line 37 income, and low-income households pursuant to clause (i) shall line 38 meet both of the following:
97 — 59 — AB 650

line 1 (I)  The units shall have an affordable housing cost, as defined line 2 in Section 50052.5 of the Health and Safety Code, or an affordable line 3 rent, as defined in Section 50053 of the Health and Safety Code. line 4 (II)  The development proponent shall agree to, and the local line 5 agency shall ensure, the continued affordability of all affordable line 6 rental units included pursuant to this section for 55 years and all line 7 affordable ownership units included pursuant to this section for a line 8 period of 45 years.
line 9 (D)  “Housing for moderate-income households” means a line 10 housing development project in which 100 percent of the units are line 11 sold or rented to moderate-income households, as defined in line 12 Section 50093 of the Health and Safety Code, at an affordable line 13 housing cost, as defined in Section 50052.5 of the Health and line 14 Safety Code, or an affordable rent, as defined in Section 50053 of line 15 the Health and Safety Code. The units shall be subject to a recorded line 16 deed restriction for a period of 55 years for rental units and 45 line 17 years for owner-occupied units.
line 18 (4)  “Area median income” means area median income as line 19 periodically established by the Department of Housing and line 20 Community Development pursuant to Section 50093 of the Health line 21 and Safety Code.
line 22 (5)  Notwithstanding any other law, until January 1, 2030, line 23 “deemed complete” means that the applicant has submitted a line 24 preliminary application pursuant to Section 65941.1 or, if the line 25 applicant has not submitted a preliminary application, has line 26 submitted a complete application pursuant to Section 65943. The line 27 local agency shall bear the burden of proof in establishing that the line 28 application is not complete.
line 29 (6)  “Disapprove the housing development project” includes any line 30 instance in which a local agency does any of the following:
line 31 (A)  Votes or takes final administrative action on a proposed line 32 housing development project application and the application is line 33 disapproved, including any required land use approvals or line 34 entitlements necessary for the issuance of a building permit. line 35 (B)  Fails to comply with the time periods specified in line 36 subdivision (a) of Section 65950. An extension of time pursuant line 37 to Article 5 (commencing with Section 65950) shall be deemed to line 38 be an extension of time pursuant to this paragraph. line 39 (C)  Fails to meet the time limits specified in Section 65913.3. 97 AB 650 — 60 —

line 1 (D)  Fails to cease a course of conduct undertaken for an line 2 improper purpose, such as to harass or to cause unnecessary delay line 3 or needless increases in the cost of the proposed housing line 4 development project, that effectively disapproves the proposed line 5 housing development without taking final administrative action if line 6 all of the following conditions are met:
line 7 (i)  The project applicant provides written notice detailing the line 8 challenged conduct and why it constitutes disapproval to the local line 9 agency established under Section 65100.
line 10 (ii)  Within five working days of receiving the applicant’s written line 11 notice described in clause (i), the local agency shall post the notice line 12 on the local agency’s internet website, provide a copy of the notice line 13 to any person who has made a written request for notices pursuant line 14 to subdivision (f) of Section 21167 of the Public Resources Code, line 15 and file the notice with the county clerk of each county in which line 16 the project will be located. The county clerk shall post the notice line 17 and make it available for public inspection in the manner set forth line 18 in subdivision (c) of Section 21152 of the Public Resources Code. line 19 (iii)  The local agency shall consider all objections, comments, line 20 evidence, and concerns about the project or the applicant’s written line 21 notice and shall not make a determination until at least 60 days line 22 after the applicant has given written notice to the local agency line 23 pursuant to clause (i).
line 24 (iv)  Within 90 days of receipt of the applicant’s written notice line 25 described in clause (i), the local agency shall issue a written line 26 statement that it will immediately cease the challenged conduct or line 27 issue written findings that comply with both of the following line 28 requirements:
line 29 (I)  The findings articulate an objective basis for why the line 30 challenged course of conduct is necessary.
line 31 (II)  The findings provide clear instructions on what the applicant line 32 must submit or supplement so that the local agency can make a line 33 final determination regarding the next necessary approval or set line 34 the date and time of the next hearing.
line 35 (v)  (I)  If a local agency continues the challenged course of line 36 conduct described in the applicant’s written notice and fails to line 37 issue the written findings described in clause (iv), the local agency line 38 shall bear the burden of establishing that its course of conduct does line 39 not constitute a disapproval of the housing development project line 40 under this subparagraph in an action taken by the applicant. 97 — 61 — AB 650

line 1 (II)  If an applicant challenges a local agency’s course of conduct line 2 as a disapproval under this subparagraph, the local agency’s written line 3 findings described in clause (iv) shall be incorporated into the line 4 administrative record and be deemed to be the final administrative line 5 action for purposes of adjudicating whether the local agency’s line 6 course of conduct constitutes a disapproval of the housing line 7 development project under this subparagraph.
line 8 (vi)  A local agency’s action in furtherance of complying with line 9 the California Environmental Quality Act (Division 13 line 10 (commencing with Section 21000) of the Public Resources Code), line 11 including, but not limited to, imposing mitigating measures, shall line 12 not constitute project disapproval under this subparagraph. line 13 (E)  Fails to comply with Section 65905.5. For purposes of this line 14 subparagraph, a builder’s remedy project shall be deemed to line 15 comply with the applicable, objective general plan and zoning line 16 standards in effect at the time an application is deemed complete. line 17 (F)  (i)  Determines that an application for a housing development line 18 project is incomplete pursuant to subdivision (a) or (b) of Section line 19 65943 and includes in the determination an item that is not required line 20 on the local agency’s submittal requirement checklist. The local line 21 agency shall bear the burden of proof that the required item is line 22 listed on the submittal requirement checklist.
line 23 (ii)  In a subsequent review of an application pursuant to Section line 24 65943, requests the applicant provide new information that was line 25 not identified in the initial determination and upholds this line 26 determination in the final written determination on an appeal filed line 27 pursuant to subdivision (c) of Section 65943. The local agency line 28 shall bear the burden of proof that the required item was identified line 29 in the initial determination.
line 30 (iii)  Determines that an application for a housing development line 31 project is incomplete pursuant to subdivision (a) or (b) of Section line 32 65943, a reasonable person would conclude that the applicant has line 33 submitted all of the items required on the local agency’s submittal line 34 requirement checklist, and the local agency upholds this line 35 determination in the final written determination on an appeal filed line 36 pursuant to subdivision (c) of Section 65943.
line 37 (iv)  If a local agency determines that an application is line 38 incomplete under Section 65943 after two resubmittals of the line 39 application by the applicant, the local agency shall bear the burden 97 AB 650 — 62 —

line 1 of establishing that the determination is not an effective disapproval line 2 of a housing development project under this section. line 3 (G)  Violates subparagraph (D) or (E) of paragraph (6) of line 4 subdivision (f).
line 5 (H)  Makes a written determination that a preliminary application line 6 described in subdivision (a) of Section 65941.1 has expired or that line 7 the applicant has otherwise lost its vested rights under the line 8 preliminary application for any reason other than those described line 9 in subdivisions (c) and (d) of Section 65941.1.
line 10 (I)  (i)  Fails to make a determination of whether the project is line 11 exempt from the California Environmental Quality Act (Division line 12 13 (commencing with Section 21000) of the Public Resources line 13 Code), or commits an abuse of discretion, as defined in subdivision line 14 (b) of Section 65589.5.1 if all of the conditions in Section line 15 65589.5.1 are satisfied.
line 16 (ii)  This subparagraph shall become inoperative on January 1, line 17 2031.
line 18 (J)  (i)  Fails to adopt a negative declaration or addendum for line 19 the project, to certify an environmental impact report for the line 20 project, or to approve another comparable environmental document, line 21 such as a sustainable communities environmental assessment line 22 pursuant to Section 21155.2 of the Public Resources Code, as line 23 required pursuant to the California Environmental Quality Act line 24 (Division 13 (commencing with Section 21000) of the Public line 25 Resources Code), if all of the conditions in Section 65589.5.2 are line 26 satisfied.
line 27 (ii)  This subparagraph shall become inoperative on January 1, line 28 2031.
line 29 (7)  (A)  For purposes of this section and Sections 65589.5.1 and line 30 65589.5.2, “lawful determination” means any final decision about line 31 whether to approve or disapprove a statutory or categorical line 32 exemption or a negative declaration, addendum, environmental line 33 impact report, or comparable environmental review document line 34 under the California Environmental Quality Act (Division 13 line 35 (commencing with Section 21000) of the Public Resources Code) line 36 that is not an abuse of discretion, as defined in subdivision (b) of line 37 Section 65589.5.1 or subdivision (b) of Section 65589.5.2. line 38 (B)  This paragraph shall become inoperative on January 1, 2031. line 39 (8)  “Lower density” includes any conditions that have the same line 40 effect or impact on the ability of the project to provide housing. 97 — 63 — AB 650

line 1 (9)  Until January 1, 2030, “objective” means involving no line 2 personal or subjective judgment by a public official and being line 3 uniformly verifiable by reference to an external and uniform line 4 benchmark or criterion available and knowable by both the line 5 development applicant or proponent and the public official. line 6 (10)  Notwithstanding any other law, until January 1, 2030, line 7 “determined to be complete” means that the applicant has submitted line 8 a complete application pursuant to Section 65943. line 9 (11)  “Builder’s remedy project” means a project that meets all line 10 of the following criteria:
line 11 (A)  The project is a housing development project that provides line 12 housing for very low, low-, or moderate-income households. line 13 (B)  On or after the date an application for the housing line 14 development project or emergency shelter was deemed complete, line 15 the jurisdiction did not have a housing element that was in line 16 substantial compliance with this article.
line 17 (C)  The project has a density such that the number of units, as line 18 calculated before the application of a density bonus pursuant to line 19 Section 65915, complies with all of the following conditions:
line 20 (i)  The density does not exceed the greatest of the following line 21 densities:
line 22 (I)  Fifty percent greater than the minimum density deemed line 23 appropriate to accommodate housing for that jurisdiction as line 24 specified in subparagraph (B) of paragraph (3) of subdivision (c) line 25 of Section 65583.2.
line 26 (II)  Three times the density allowed by the general plan, zoning line 27 ordinance, or state law, whichever is greater.
line 28 (III)  The density that is consistent with the density specified in line 29 the housing element.
line 30 (ii)  Notwithstanding clause (i), the greatest allowable density line 31 shall be 35 units per acre more than the amount allowable pursuant line 32 to clause (i), if any portion of the site is located within any of the line 33 following:
line 34 (I)  One-half mile of a major transit stop, as defined in Section line 35 21064.3 of the Public Resources Code.
line 36 (II)  A very low vehicle travel area, as defined in subdivision line 37 (h).
line 38 (III)  A high or highest resource census tract, as identified by line 39 the latest edition of the “CTCAC/HCD Opportunity Map” 97 AB 650 — 64 —

line 1 published by the California Tax Credit Allocation Committee and line 2 the Department of Housing and Community Development. line 3 (D)  (i)  On sites that have a minimum density requirement and line 4 are located within one-half mile of a commuter rail station or a line 5 heavy rail station, the density of the project shall not be less than line 6 the minimum density required on the site.
line 7 (I)  For purposes of this subparagraph, “commuter rail” means line 8 a railway that is not a light rail, streetcar, trolley, or tramway and line 9 that is for urban passenger train service consisting of local short line 10 distance travel operating between a central city and adjacent suburb line 11 with service operated on a regular basis by or under contract with line 12 a transit operator for the purpose of transporting passengers within line 13 urbanized areas, or between urbanized areas and outlying areas, line 14 using either locomotive-hauled or self-propelled railroad passenger line 15 cars, with multitrip tickets and specific station-to-station fares. line 16 (II)  For purposes of this subparagraph, “heavy rail” means an line 17 electric railway with the capacity for a heavy volume of traffic line 18 using high speed and rapid acceleration passenger rail cars line 19 operating singly or in multicar trains on fixed rails, separate line 20 rights-of-way from which all other vehicular and foot traffic are line 21 excluded, and high platform loading.
line 22 (ii)  On all other sites with a minimum density requirement, the line 23 density of the project shall not be less than the local agency’s line 24 minimum density or one-half of the minimum density deemed line 25 appropriate to accommodate housing for that jurisdiction as line 26 specified in subparagraph (B) of paragraph (3) of subdivision (c) line 27 of Section 65583.2, whichever is lower.
line 28 (E)  The project site does not abut a site where more than line 29 one-third of the square footage on the site has been used, within line 30 the past three years, by a heavy industrial use, or a Title V line 31 industrial use, as those terms are defined in Section 65913.16. line 32 (12)  “Condition approval” includes imposing on the housing line 33 development project, or attempting to subject it to, development line 34 standards, conditions, or policies.
line 35 (13)  “Unit type” means the form of ownership and the kind of line 36 residential unit, including, but not limited to, single-family line 37 detached, single-family attached, for-sale, rental, multifamily, line 38 townhouse, condominium, apartment, manufactured homes and line 39 mobilehomes, factory-built housing, and residential hotel. 97 — 65 — AB 650

line 1 (14)  “Proposed by the applicant” means the plans and designs line 2 as submitted by the applicant, including, but not limited to, density, line 3 unit size, unit type, site plan, building massing, floor area ratio, line 4 amenity areas, open space, parking, and ancillary commercial uses. line 5 (i)  If any city, county, or city and county denies approval or line 6 imposes conditions, including design changes, lower density, or line 7 a reduction of the percentage of a lot that may be occupied by a line 8 building or structure under the applicable planning and zoning in line 9 force at the time the housing development project’s application is line 10 complete, that have a substantial adverse effect on the viability or line 11 affordability of a housing development for very low, low-, or line 12 moderate-income households, and the denial of the development line 13 or the imposition of conditions on the development is the subject line 14 of a court action which challenges the denial or the imposition of line 15 conditions, then the burden of proof shall be on the local legislative line 16 body to show that its decision is consistent with the findings as line 17 described in subdivision (d), and that the findings are supported line 18 by a preponderance of the evidence in the record, and with the line 19 requirements of subdivision (o).
line 20 (j)  (1)  When a proposed housing development project complies line 21 with applicable, objective general plan, zoning, and subdivision line 22 standards and criteria, including design review standards, in effect line 23 at the time that the application was deemed complete, but the local line 24 agency proposes to disapprove the project or to impose a condition line 25 that the project be developed at a lower density, the local agency line 26 shall base its decision regarding the proposed housing development line 27 project upon written findings supported by a preponderance of the line 28 evidence on the record that both of the following conditions exist:
line 29 (A)  The housing development project would have a specific, line 30 adverse impact upon the public health or safety unless the project line 31 is disapproved or approved upon the condition that the project be line 32 developed at a lower density. As used in this paragraph, a “specific, line 33 adverse impact” means a significant, quantifiable, direct, and line 34 unavoidable impact, based on objective, identified written public line 35 health or safety standards, policies, or conditions as they existed line 36 on the date the application was deemed complete. line 37 (B)  There is no feasible method to satisfactorily mitigate or line 38 avoid the adverse impact identified pursuant to paragraph (1), other line 39 than the disapproval of the housing development project or the 97 AB 650 — 66 —

line 1 approval of the project upon the condition that it be developed at line 2 a lower density.
line 3 (2)  (A)  If the local agency considers a proposed housing line 4 development project to be inconsistent, not in compliance, or not line 5 in conformity with an applicable plan, program, policy, ordinance, line 6 standard, requirement, or other similar provision as specified in line 7 this subdivision, it shall provide the applicant with written line 8 documentation identifying the provision or provisions, and an line 9 explanation of the reason or reasons it considers the housing line 10 development to be inconsistent, not in compliance, or not in line 11 conformity as follows:
line 12 (i)  Within 30 days of the date that the application for the housing line 13 development project is determined to be complete, if the housing line 14 development project contains 150 or fewer housing units. line 15 (ii)  Within 60 days of the date that the application for the line 16 housing development project is determined to be complete, if the line 17 housing development project contains more than 150 units. line 18 (B)  If the local agency fails to provide the required line 19 documentation pursuant to subparagraph (A), the housing line 20 development project shall be deemed consistent, compliant, and line 21 in conformity with the applicable plan, program, policy, ordinance, line 22 standard, requirement, or other similar provision. line 23 (3)  For purposes of this section, the receipt of a density bonus, line 24 incentive, concession, waiver, or reduction of development line 25 standards pursuant to Section 65915 shall not constitute a valid line 26 basis on which to find a proposed housing development project is line 27 inconsistent, not in compliance, or not in conformity, with an line 28 applicable plan, program, policy, ordinance, standard, requirement, line 29 or other similar provision specified in this subdivision. line 30 (4)  For purposes of this section, a proposed housing development line 31 project is not inconsistent with the applicable zoning standards line 32 and criteria, and shall not require a rezoning, if the housing line 33 development project is consistent with the objective general plan line 34 standards and criteria but the zoning for the project site is line 35 inconsistent with the general plan. If the local agency has complied line 36 with paragraph (2), the local agency may require the proposed line 37 housing development project to comply with the objective line 38 standards and criteria of the zoning which is consistent with the line 39 general plan, however, the standards and criteria shall be applied line 40 to facilitate and accommodate development at the density allowed 97 — 67 — AB 650

line 1 on the site by the general plan and proposed by the proposed line 2 housing development project.
line 3 (k)  (1)  (A)  (i)  The applicant, a person who would be eligible line 4 to apply for residency in the housing development project or line 5 emergency shelter, or a housing organization may bring an action line 6 to enforce this section. If, in any action brought to enforce this line 7 section, a court finds that any of the following are met, the court line 8 shall issue an order pursuant to clause (ii):
line 9 (I)  The local agency, in violation of subdivision (d), disapproved line 10 a housing development project or conditioned its approval in a line 11 manner rendering it infeasible for the development of an emergency line 12 shelter, or housing for very low, low-, or moderate-income line 13 households, including farmworker housing, without making the line 14 findings required by this section.
line 15 (II)  The local agency, in violation of subdivision (j), disapproved line 16 a housing development project complying with applicable, line 17 objective general plan and zoning standards and criteria, or imposed line 18 a condition that the project be developed at a lower density, without line 19 making the findings required by this section.
line 20 (III)  (ia)  Subject to sub-subclause (ib), the local agency, in line 21 violation of subdivision (o), required or attempted to require a line 22 housing development project to comply with an ordinance, policy, line 23 or standard not adopted and in effect when a preliminary line 24 application was submitted.
line 25 (ib)  This subclause shall become inoperative on January 1, 2030. line 26 (IV)  The local agency violated a provision of this section line 27 applicable to a builder’s remedy project.
line 28 (ii)  If the court finds that one of the conditions in clause (i) is line 29 met, the court shall issue an order or judgment compelling line 30 compliance with this section within a time period not to exceed line 31 60 days, including, but not limited to, an order that the local agency line 32 take action on the housing development project or emergency line 33 shelter. The court may issue an order or judgment directing the line 34 local agency to approve the housing development project or line 35 emergency shelter if the court finds that the local agency acted in line 36 bad faith when it disapproved or conditionally approved the line 37 housing development or emergency shelter in violation of this line 38 section. The court shall retain jurisdiction to ensure that its order line 39 or judgment is carried out and shall award reasonable attorney’s line 40 fees and costs of suit to the plaintiff or petitioner, provided, 97 AB 650 — 68 —

line 1 however, that the court shall not award attorney’s fees in either of line 2 the following instances:
line 3 (I)  The court finds, under extraordinary circumstances, that line 4 awarding fees would not further the purposes of this section. line 5 (II)  (ia)  In a case concerning a disapproval within the meaning line 6 of subparagraph (I) or (J) of paragraph (6) of subdivision (h), the line 7 court finds that the local agency acted in good faith and had line 8 reasonable cause to disapprove the housing development project line 9 due to the existence of a controlling question of law about the line 10 application of the California Environmental Quality Act (Division line 11 13 (commencing with Section 21000) of the Public Resources line 12 Code) or implementing guidelines as to which there was a line 13 substantial ground for difference of opinion at the time of the line 14 disapproval.
line 15 (ib)  This subclause shall become inoperative on January 1, 2031. line 16 (B)  Upon a determination that the local agency has failed to line 17 comply with the order or judgment compelling compliance with line 18 this section within the time period prescribed by the court, the line 19 court shall impose fines on a local agency that has violated this line 20 section and require the local agency to deposit any fine levied line 21 pursuant to this subdivision into a local housing trust fund. The line 22 local agency may elect to instead deposit the fine into the Building line 23 Homes and Jobs Trust Fund. The fine shall be in a minimum line 24 amount of ten thousand dollars ($10,000) per housing unit in the line 25 housing development project on the date the application was line 26 deemed complete pursuant to Section 65943. In determining the line 27 amount of the fine to impose, the court shall consider the local line 28 agency’s progress in attaining its target allocation of the regional line 29 housing need pursuant to Section 65584 and any prior violations line 30 of this section. Fines shall not be paid out of funds already line 31 dedicated to affordable housing, including, but not limited to, Low line 32 and Moderate Income Housing Asset Funds, funds dedicated to line 33 housing for very low, low-, and moderate-income households, and line 34 federal HOME Investment Partnerships Program and Community line 35 Development Block Grant Program funds. The local agency shall line 36 commit and expend the money in the local housing trust fund line 37 within five years for the sole purpose of financing newly line 38 constructed housing units affordable to extremely low, very low, line 39 or low-income households. After five years, if the funds have not line 40 been expended, the money shall revert to the state and be deposited 97 — 69 — AB 650

line 1 in the Building Homes and Jobs Trust Fund for the sole purpose line 2 of financing newly constructed housing units affordable to line 3 extremely low, very low, or low-income households. line 4 (C)  If the court determines that its order or judgment has not line 5 been carried out within 60 days, the court may issue further orders line 6 as provided by law to ensure that the purposes and policies of this line 7 section are fulfilled, including, but not limited to, an order to vacate line 8 the decision of the local agency and to approve the housing line 9 development project, in which case the application for the housing line 10 development project, as proposed by the applicant at the time the line 11 local agency took the initial action determined to be in violation line 12 of this section, along with any standard conditions determined by line 13 the court to be generally imposed by the local agency on similar line 14 projects, shall be deemed to be approved unless the applicant line 15 consents to a different decision or action by the local agency. line 16 (D)  Nothing in this section shall limit the court’s inherent line 17 authority to make any other orders to compel the immediate line 18 enforcement of any writ brought under this section, including the line 19 imposition of fees and other sanctions set forth under Section 1097 line 20 of the Code of Civil Procedure.
line 21 (2)  For purposes of this subdivision, “housing organization” line 22 means a trade or industry group whose local members are primarily line 23 engaged in the construction or management of housing units or a line 24 nonprofit organization whose mission includes providing or line 25 advocating for increased access to housing for low-income line 26 households and have filed written or oral comments with the local line 27 agency prior to action on the housing development project. A line 28 housing organization may only file an action pursuant to this line 29 section to challenge the disapproval of a housing development by line 30 a local agency. A housing organization shall be entitled to line 31 reasonable attorney’s fees and costs if it is the prevailing party in line 32 an action to enforce this section.
line 33 (l)  If the court finds that the local agency (1) acted in bad faith line 34 when it violated this section and (2) failed to carry out the court’s line 35 order or judgment within the time period prescribed by the court, line 36 the court, in addition to any other remedies provided by this line 37 section, shall multiply the fine determined pursuant to subparagraph line 38 (B) of paragraph (1) of subdivision (k) by a factor of five. If a court line 39 has previously found that the local agency violated this section line 40 within the same planning period, the court shall multiply the fines 97 AB 650 — 70 —

line 1 by an additional factor for each previous violation. For purposes line 2 of this section, “bad faith” includes, but is not limited to, an action line 3 or inaction that is frivolous, pretextual, intended to cause line 4 unnecessary delay, or entirely without merit.
line 5 (m)  (1)  Any action brought to enforce the provisions of this line 6 section shall be brought pursuant to Section 1094.5 of the Code line 7 of Civil Procedure, and the local agency shall prepare and certify line 8 the record of proceedings in accordance with subdivision (c) of line 9 Section 1094.6 of the Code of Civil Procedure no later than 30 line 10 days after the petition is served, provided that the cost of line 11 preparation of the record shall be borne by the local agency, unless line 12 the petitioner elects to prepare the record as provided in subdivision line 13 (n) of this section. A petition to enforce the provisions of this line 14 section shall be filed and served no later than 90 days from the line 15 later of (1) the effective date of a decision of the local agency line 16 imposing conditions on, disapproving, or any other final action on line 17 a housing development project or (2) the expiration of the time line 18 periods specified in subparagraph (B) of paragraph (5) of line 19 subdivision (h). Upon entry of the trial court’s order, a party may, line 20 in order to obtain appellate review of the order, file a petition line 21 within 20 days after service upon it of a written notice of the entry line 22 of the order, or within such further time not exceeding an additional line 23 20 days as the trial court may for good cause allow, or may appeal line 24 the judgment or order of the trial court under Section 904.1 of the line 25 Code of Civil Procedure. If the local agency appeals the judgment line 26 of the trial court, the local agency shall post a bond, in an amount line 27 to be determined by the court, to the benefit of the plaintiff if the line 28 plaintiff is the project applicant.
line 29 (2)  (A)  A disapproval within the meaning of subparagraph (I) line 30 of paragraph (6) of subdivision (h) shall be final for purposes of line 31 this subdivision, if the local agency did not make a lawful line 32 determination within the time period set forth in paragraph (5) of line 33 subdivision (a) of Section 65589.5.1 after the applicant’s timely line 34 written notice.
line 35 (B)  This paragraph shall become inoperative on January 1, 2031. line 36 (3)  (A)  A disapproval within the meaning of subparagraph (J) line 37 of paragraph (6) of subdivision (h) shall be final for purposes of line 38 this subdivision, if the local agency did not make a lawful line 39 determination within 90 days of the applicant’s timely written line 40 notice.
97 — 71 — AB 650

line 1 (B)  This paragraph shall become inoperative on January 1, 2031. line 2 (n)  In any action, the record of the proceedings before the local line 3 agency shall be filed as expeditiously as possible and, line 4 notwithstanding Section 1094.6 of the Code of Civil Procedure or line 5 subdivision (m) of this section, all or part of the record may be line 6 prepared (1) by the petitioner with the petition or petitioner’s points line 7 and authorities, (2) by the respondent with respondent’s points and line 8 authorities, (3) after payment of costs by the petitioner, or (4) as line 9 otherwise directed by the court. If the expense of preparing the line 10 record has been borne by the petitioner and the petitioner is the line 11 prevailing party, the expense shall be taxable as costs. line 12 (o)  (1)  Subject to paragraphs (2), (6), and (7), and subdivision line 13 (d) of Section 65941.1, a housing development project shall be line 14 subject only to the ordinances, policies, and standards adopted and line 15 in effect when a preliminary application including all of the line 16 information required by subdivision (a) of Section 65941.1 was line 17 submitted.
line 18 (2)  Paragraph (1) shall not prohibit a housing development line 19 project from being subject to ordinances, policies, and standards line 20 adopted after the preliminary application was submitted pursuant line 21 to Section 65941.1 in the following circumstances:
line 22 (A)  In the case of a fee, charge, or other monetary exaction, to line 23 an increase resulting from an automatic annual adjustment based line 24 on an independently published cost index that is referenced in the line 25 ordinance or resolution establishing the fee or other monetary line 26 exaction.
line 27 (B)  A preponderance of the evidence in the record establishes line 28 that subjecting the housing development project to an ordinance, line 29 policy, or standard beyond those in effect when a preliminary line 30 application was submitted is necessary to mitigate or avoid a line 31 specific, adverse impact upon the public health or safety, as defined line 32 in subparagraph (A) of paragraph (1) of subdivision (j), and there line 33 is no feasible alternative method to satisfactorily mitigate or avoid line 34 the adverse impact.
line 35 (C)  Subjecting the housing development project to an ordinance, line 36 policy, standard, or any other measure, beyond those in effect when line 37 a preliminary application was submitted is necessary to avoid or line 38 substantially lessen an impact of the project under the California line 39 Environmental Quality Act (Division 13 (commencing with Section line 40 21000) of the Public Resources Code).
97 AB 650 — 72 —

line 1 (D)  The housing development project has not commenced line 2 construction within two and one-half years, or three and one-half line 3 years for an affordable housing project, following the date that the line 4 project received final approval. For purposes of this subparagraph:
line 5 (i)  “Affordable housing project” means a housing development line 6 that satisfies both of the following requirements:
line 7 (I)  Units within the development are subject to a recorded line 8 affordability restriction for at least 55 years for rental housing and line 9 45 years for owner-occupied housing, or the first purchaser of each line 10 unit participates in an equity sharing agreement as described in line 11 subparagraph (C) of paragraph (2) of subdivision (c) of Section line 12 65915.
line 13 (II)  All of the units within the development, excluding managers’ line 14 units, are dedicated to lower income households, as defined by line 15 Section 50079.5 of the Health and Safety Code.
line 16 (ii)  “Final approval” means that the housing development project line 17 has received all necessary approvals to be eligible to apply for, line 18 and obtain, a building permit or permits and either of the following line 19 is met:
line 20 (I)  The expiration of all applicable appeal periods, petition line 21 periods, reconsideration periods, or statute of limitations for line 22 challenging that final approval without an appeal, petition, request line 23 for reconsideration, or legal challenge having been filed. line 24 (II)  If a challenge is filed, that challenge is fully resolved or line 25 settled in favor of the housing development project. line 26 (E)  The housing development project is revised following line 27 submittal of a preliminary application pursuant to Section 65941.1 line 28 such that the number of residential units or square footage of line 29 construction changes by 20 percent or more, exclusive of any line 30 increase resulting from the receipt of a density bonus, incentive, line 31 concession, waiver, or similar provision, including any other locally line 32 authorized program that offers additional density or other line 33 development bonuses when affordable housing is provided. For line 34 purposes of this subdivision, “square footage of construction” line 35 means the building area, as defined by the California Building line 36 Standards Code (Title 24 of the California Code of Regulations). line 37 (3)  This subdivision does not prevent a local agency from line 38 subjecting the additional units or square footage of construction line 39 that result from project revisions occurring after a preliminary line 40 application is submitted pursuant to Section 65941.1 to the 97 — 73 — AB 650

line 1 ordinances, policies, and standards adopted and in effect when the line 2 preliminary application was submitted.
line 3 (4)  For purposes of this subdivision, “ordinances, policies, and line 4 standards” includes general plan, community plan, specific plan, line 5 zoning, design review standards and criteria, subdivision standards line 6 and criteria, and any other rules, regulations, requirements, and line 7 policies of a local agency, as defined in Section 66000, including line 8 those relating to development impact fees, capacity or connection line 9 fees or charges, permit or processing fees, and other exactions. line 10 (5)  This subdivision shall not be construed in a manner that line 11 would lessen the restrictions imposed on a local agency, or lessen line 12 the protections afforded to a housing development project, that are line 13 established by any other law, including any other part of this line 14 section.
line 15 (6)  This subdivision shall not restrict the authority of a public line 16 agency or local agency to require mitigation measures to lessen line 17 the impacts of a housing development project under the California line 18 Environmental Quality Act (Division 13 (commencing with Section line 19 21000) of the Public Resources Code).
line 20 (7)  With respect to completed residential units for which the line 21 project approval process is complete and a certificate of occupancy line 22 has been issued, nothing in this subdivision shall limit the line 23 application of later enacted ordinances, policies, and standards line 24 that regulate the use and occupancy of those residential units, such line 25 as ordinances relating to rental housing inspection, rent line 26 stabilization, restrictions on short-term renting, and business line 27 licensing requirements for owners of rental housing. line 28 (8)  (A)  This subdivision shall apply to a housing development line 29 project that submits a preliminary application pursuant to Section line 30 65941.1 before January 1, 2030.
line 31 (B)  This subdivision shall become inoperative on January 1, line 32 2034.
line 33 (p)  (1)  Upon any motion for an award of attorney’s fees line 34 pursuant to Section 1021.5 of the Code of Civil Procedure, in a line 35 case challenging a local agency’s approval of a housing line 36 development project, a court, in weighing whether a significant line 37 benefit has been conferred on the general public or a large class line 38 of persons and whether the necessity of private enforcement makes line 39 the award appropriate, shall give due weight to the degree to which line 40 the local agency’s approval furthers policies of this section, 97 AB 650 — 74 —

line 1 including, but not limited to, subdivisions (a), (b), and (c), the line 2 suitability of the site for a housing development, and the line 3 reasonableness of the decision of the local agency. It is the intent line 4 of the Legislature that attorney’s fees and costs shall rarely, if ever, line 5 be awarded if a local agency, acting in good faith, approved a line 6 housing development project that satisfies conditions established line 7 in paragraph (1), (2), or (3) of subdivision (a) of Section 65589.5.1 line 8 or paragraph (1), (2), or (3) of subdivision (a) of Section 65589.5.2. line 9 (2)  This subdivision shall become inoperative on January 1, line 10 2031.
line 11 (q)  This section shall be known, and may be cited, as the line 12 Housing Accountability Act.
line 13 (r)  The provisions of this section are severable. If any provision line 14 of this section or its application is held invalid, that invalidity shall line 15 not affect other provisions or applications that can be given effect line 16 without the invalid provision or application.
line 17 SEC. 8. No reimbursement is required by this act pursuant to line 18 Section 6 of Article XIIIB of the California Constitution because line 19 a local agency or school district has the authority to levy service line 20 charges, fees, or assessments sufficient to pay for the program or line 21 level of service mandated by this act, within the meaning of Section line 22 17556 of the Government Code.

O
97 — 75 — AB 650

AMENDED IN SENATE APRIL 28, 2025
AMENDED IN SENATE MARCH 26, 2025
SENATE BILL No. 634
Introduced by Senator Pérez
February 20, 2025
An act to add Sections 11145.1 and Section 53069.44 to the Government Code, relating to homelessness. local government. legislative counsel’s digest
SB 634, as amended, Pérez. Homelessness: civil and criminal penalties. Local government: homelessness.

The California Constitution authorizes a county or city to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws. Existing law establishes procedures for the enactment of ordinances by counties and cities and makes a violation of a county or city ordinance, as applicable, a misdemeanor unless by ordinance it is made an infraction. Existing law also prohibits a state agency from adopting or enforcing any rule or a violation of which can result in the imposition of a fine or imprisonment, or both, unless a statute specifically authorizes the imposition of such fine or imprisonment, or both, for a violation of the rule or regulation.

This bill would prohibit a local jurisdiction from adopting a local ordinance, or enforcing an existing ordinance, that imposes civil or criminal penalties on a person who is homeless for any act immediately related to homelessness or any act related to basic survival, or on a person who is prohibits a person or organization from providing support services, as specified, to a person who is homeless or assisting a person who is homeless with any act related to basic survival. The bill would

97

similarly prohibit a state agency from adopting any regulation or issuing any policy or guidance, or enforcing an existing regulation, policy, or guidance, that imposes those civil or criminal penalties. The bill would define various terms for these purposes.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

Vote: majority. Appropriation: no. Fiscal committee: yes no.

State-mandated local program: no.

The people of the State of California do enact as follows:
line 1 SECTION 1. (a)  The Legislature finds and declares all of the line 2 following:
line 3 (1)  As of 2024, on any given night, over 187,000 people are line 4 experiencing homelessness in California, with data from the state’s line 5 Homeless Data Integration System showing over 308,000 people line 6 experiencing homelessness accessing services over the course of line 7 the year and many more at risk of homelessness.
line 8 (2)  Homelessness is a policy failure primarily caused by the line 9 unaffordability of housing in California, with over 1,000,000 line 10 extremely low income households spending more than one-half line 11 their income on rent, and not the result of personal failings of line 12 people experiencing homelessness. This housing crisis is the result line 13 of decades of failed housing policy, coupled with structural and line 14 institutional racism, and a lack of sufficient investment in line 15 affordable housing and other programs to address homelessness. line 16 (3)  The solution to homelessness is affordable housing and line 17 robust supportive services, as demonstrated by years of line 18 peer-reviewed research.
line 19 (4)  Data from the fifth cycle of the Regional Housing Needs line 20 Assessment (RHNA) showed that jurisdictions in California needed line 21 to add over 277,000 housing units that are affordable to very low line 22 income households over the 2013 to 2024 assessment period to line 23 keep pace with the need for new housing, but jurisdictions line 24 statewide attained only 21 percent of that goal, permitting just over line 25 57,000 units that are affordable to very low income households. line 26 (5)  Data from the United States Department of Housing and line 27 Urban Development’s Housing Inventory Count showed that in line 28 2024, despite more than 300,000 people cycling through 97 SB 634 — 2 —

line 1 homelessness statewide, California had only 76,000 shelter beds line 2 and 79,000 units of permanent supportive housing. line 3 (6)  Homelessness is disproportionately experienced by Black, line 4 Indigenous, and other groups in California that have experienced line 5 historical and continued discrimination, and excessive penalties line 6 related to homelessness contribute to and exacerbate the racist line 7 outcomes in housing and criminal justice.
line 8 (7)  Arresting, fining, and jailing people experiencing line 9 homelessness for the act of living outside and conducting line 10 life-sustaining activities does not contribute to ending their line 11 homelessness.
line 12 (8)  A growing body of research suggests that these responses line 13 to homelessness add additional barriers to ending someone’s line 14 homelessness, including causing people to lose touch with case line 15 managers, family, and friends seeking to assist them to find line 16 housing.
line 17 (9)  These barriers also including include missing work and line 18 losing needed income to get back into housing.
line 19 (10)  These barriers also include missing critical health care line 20 appointments that may contribute to deteriorating health. line 21 (11)  These barriers also include loss of key property, including line 22 identification, birth certificates, and other documents that are line 23 needed to access subsidized housing, essential services, and public line 24 benefits.
line 25 (12)  These barriers also include financial penalties that can line 26 increase debt, damage credit, and result in bench warrants that line 27 result in additional jail time, all of which detracts from efforts to line 28 regain housing.
line 29 (13)  Criminalization also adds risks to the community-based line 30 service provider organizations and community members working line 31 with the population experiencing homelessness, hindering the line 32 responsiveness of both publicly funded and other community-based line 33 responses to end homelessness.
line 34 (b)  It is, therefore, the intent of the Legislature in enacting this line 35 act to limit penalties that local and state governments may pursue line 36 for the performance of acts related to experiencing homelessness, line 37 including conducting life-sustaining activities, for the purpose of line 38 removing hindrance to ending California’s homeless crisis. line 39 SEC. 2. Section 11145.1 is added to the Government Code, to line 40 read:
97 — 3 — SB 634

line 1 11145.1. (a)  Notwithstanding any other law, a state agency line 2 shall not adopt any regulation or issue any policy or guidance, or line 3 enforce an existing regulation, policy, or guidance, that imposes line 4 civil or criminal penalties on a person who is homeless for any act line 5 immediately related to homelessness or any act related to basic line 6 survival, or on a person who is assisting a person who is homeless line 7 with any act related to basic survival.
line 8 (b)  For purposes of this section, the following definitions apply:
line 9 (1)  “Act immediately related to homelessness” means standing, line 10 sitting, laying, or sleeping in a public place, including, but not line 11 limited to, a public street, public park, or other outdoor area that line 12 is open to the public.
line 13 (2)  “Act related to basic survival” includes, but is not limited line 14 to, the possession of a tent or tarp, erection of a tent or tarp, eating line 15 or drinking, possessing and utilizing blankets or pillows, seeking line 16 shade, and other activities to protect oneself from the elements. line 17 (3)  “Homeless” has the same meaning as defined in Section line 18 578.3 of Title 24 of the Code of Federal Regulations, as that section line 19 read on January 10, 2019.
line 20 SEC. 3.
line 21 SEC. 2. Section 53069.44 is added to the Government Code, line 22 to read:
line 23 53069.44. (a)  Notwithstanding any other law, a local line 24 jurisdiction shall not adopt a local ordinance, or enforce an existing line 25 ordinance, that imposes civil or criminal penalties on a person who line 26 is homeless for any act immediately related to homelessness or line 27 any act related to basic survival, or on a person who is that line 28 prohibits a person or organization from providing support services, line 29 including legal services or medical care, to a person who is line 30 homeless or assisting a person who is homeless with any act related line 31 to basic survival.
line 32 (b)  For purposes of this section, the following definitions apply:
line 33 (1)  “Act immediately related to homelessness” means standing, line 34 sitting, laying, or sleeping in a public place, including, but not line 35 limited to, a public street, public park, or other outdoor area that line 36 is open to the public.
line 37 (2)
line 38 (1)  “Act related to basic survival” includes, but is not limited line 39 to, the possession of a tent or tarp, erection of a tent or tarp, eating 97 SB 634 — 4 —

line 1 or drinking, possessing and utilizing blankets or pillows, seeking line 2 shade, and other activities to protect oneself from the elements. line 3 (3)
line 4 (2)  “Homeless” has the same meaning as defined in Section line 5 578.3 of Title 24 of the Code of Federal Regulations, as that section line 6 read on January 10, 2019.
line 7 (4)
line 8 (3)  “Local jurisdiction” means a city, county, city and county, line 9 or special district.
line 10 SEC. 4.
line 11 SEC. 3. The Legislature finds and declares that ensuring a line 12 compassionate, evidence-based approach to ending homelessness line 13 is a matter of statewide concern rather than a municipal affair as line 14 that term is used in Section 5 of Article XI of the California line 15 Constitution. Therefore, Section 3 2 of this act, adding Section line 16 53069.44 to the Government Code, applies to all cities, including line 17 charter cities.

O
97 — 5 — SB 634

City of Hermosa Beach | Page 1 of 3
Meeting Date: May 13, 2025
Staff Report No. 25-PW-027
Honorable Mayor and Members of the Hermosa Beach City Council

PURCHASE OF TRAILER MOUNTED MOBILE GENERATOR
CEQA: Determine the purchase is exempt from the California Environmental Quality Act. (Public Works Director Joe SanClemente)
Recommended Action:

Staff recommends City Council:

1. Authorize the purchase of one Trailer Mounted Mobile Diesel Generator through a Cooperative OMNIA Partners Public Sector Master Agreement with Global Equipment Company INC. (Global Industrial), in an amount not to exceed $40,000.

Executive Summary:

The City is in need of a portable generator to provide emergency power to the City’s sewer lift station infrastructure during periods of planned, or unplanned, power outages. Staff has identified a portable unit that will meet emergency needs and reduce dependency on rental equipment that may not be available during a large-scale outage or natural disaster.

Background:

The City has four sewer lift stations that provide wastewater pumping needs located at the Strand and 35th Street and the 2
nd, 14th, and 22nd Street Restroom Facilities; none of
which have permanent backup power generation. During times of power outages, which may be a result of planned, or unplanned, utility repairs, or natural disasters, these systems may stop working if located within the impacted area.

While the restrooms can be temporarily closed during times of power outage, the lift station at Strand and 35th Street cannot be out of operation for long durations to avoid significant wastewater backup to the upstream residential homes. The City does have an electronic system to monitor wastewater levels at this location, which alert staff in advance of an issue, but still only provides a limited period of time to react and address the need.

During periods of long power outages, the City has historically rented a portable generator to continue operations and eliminate potential for sewer backup or overflow.

Staff is seeking authorization to purchase a mobile generator to enhance response time, and dependency on rental units, to energize the sewer lift stations during an emergency.

Discussion:

City of Hermosa Beach | Page 2 of 3
In coordination with the City’s sewer design engineer, and the Public Works Operations and Maintenance team, staff have researched the most appropriate generator unit that would be capable of servicing the City’s sewer lift station critical infrastructure, while also meeting portability requirements. Staff is also conducting further evaluation of more permanent generator infrastructure needs; however, those would be more costly and time consuming for permitting, design, and construction. A mobile unit would reduce dependency on rental units that may not be available when needed most, during nonbusiness hours or a large natural disaster, and provide an immediate solution. The mobile unit would also allow for flexibility in use to service any of the stations or other emergency power needs for the City.

Procurement Approach
Staff recommend purchasing the new Trailer Mounted Mobile Diesel Generator through a Cooperative OMNIA Partners Public Sector Master Agreement with Global Equipment Company INC (Global Industrial). Region 4 Education Service Center, has partnered with Omnia Partners Public Sector as the Principal Procurement Agency to make the Master Agreement, (Contract #R211402) distributed by Omnia Partners available to other public agencies nationally, establishing and providing nationally leveraged and competitively solicited contracts that can be utilized by member agencies. As a member agency of OMNIA Partners Public Sector, the City of Hermosa Beach may utilize Omnia Partners competitively bid cooperative purchasing agreements to ensure competitive pricing and expedite the procurement process.

Staff contacted other state and local government cooperative purchasing organizations that the City of Hermosa Beach is a member of, namely, Sourcewell, as well as Omina Partners, and obtained two separate quotes for the Trailer Mounted Mobile Diesel Generator. After reviewing the specifications and pricing of the proposed generators, staff recommend purchasing of the Generac MDG25 Mobile 56-GAL Diesel Generator provided through Global Industrial Supplier. Global Industrial is an authorized supplier of Generac Generators, under this OMNIA Partners Public Sector Master Agreement contract (Attachment 3).

Per Hermosa Beach Municipal Code Section 3.12.140(E), purchases made through cooperative purchasing agreements maintained by state, county, or other public agencies, are exempt from the City’s formal bidding procedures, allowing the City to expedite the procurement process while ensuring competitive pricing received in a formal bidding procedure completed by another agency. If approved, the trailer mounted Generac MDG25 Mobile 56-GAL Diesel Generator will be utilized during periods of power outages at the Sewer Lift Station location, as well as other locations as necessary to provide power and maintain operations.

General Plan Consistency:

City of Hermosa Beach | Page 3 of 3
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 1. Infrastructure systems are functional, safe, and well maintained.

Policies:
 Infrastructure systems plan. Establish and adopt an integrated, holistic approach to guide infrastructure development, improvement, maintenance, and resilience.

Goal 4. The sewer system infrastructure is modernized and resilient.

Policies:
 4.5 Sewer system rehabilitation. Implement the rehabilitation projects recommended in the Sanitary Sewer Master Plan.

Fiscal Impact:

The actual cost of the trailer generator is expected to be lower than $40,000 as shown in the industrial quote (Attachment 1). However, with current uncertainty in the purchasing environment due to national tariffs it is recommended that staff be authorized for up to $40,000 to purchase the generator.

Budgeted and available Capital Improvement Program (CIP) 423 Annual Sewer Improvement funds would be used to purchase the Trailer Mounted Mobile Diesel Generator.

Attachments:

1. GENERAC MDG25 Mobile 56-GAL Diesel Generator Global Industrial Quote

2. Executive Summary for Global Industrial Contract Award

3. Global Equipment Company Inc. Contract
Respectfully Submitted by: Azita Fakoorbayat, Project Manager Concur: Andrew Nguyen, Associate Engineer
Concur: Joe SanClemente, Public Works Director
Noted for Fiscal Impact: Henry Chao, Finance Manager
Concur: Brandon Walker, Administrative Services Director Legal Review: Todd Leishman, Interim City Attorney
Reviewed by: Leo Zalyan, Interim Deputy City Manager

SALES QUOTE
QUOTE ISSUED: 05/01/2025
ACCOUNT NO. 491912
QUOTE NO. 7783343
Click Here To Place Order Online
*Pricing valid for 7 days from quote issue date. Subject to change based on product availability and/or market conditions.

CUSTOMER INFORMATION
Account Name: CITY OF HERMOSA BEACH CA
Name: AZITA FAKOORBAYAT
Address: 1315 VALLEY DR
HERMOSA BEACH, California 90254
Email: [email protected]
Phone: (310) 318-0210
Part# Description Shipping Qty Price Extended

SPECIAL ITEM
1604505
GENERAC MDG25 MOBILE 56 GALLON DIESEL
GENERATOR, 25 KVA (20KW) INCLUDES WITH ELECTRIC
BRAKES
TRUCK 1 $30,381.00 $30,381.00
Notes
OMNIA CONTRACT# R211402
QUOTE IS VALID FOR 30 DAYS
LEAD TIME IS 6-8 WEEKS, SHIPS FROM VENDOR IN WISCONSIN
ItemTotal: $30,381.00
Tax: $3,028.69
Shipping and
Handling: $1,499.99
**Total: $34,909.68
* PLEASE NOTE: This Item Is Not Returnable.

PLEASE NOTE: This Item Is Not Cancellable.
**Applicable taxes and shipping charges will be added to invoice.

Please be sure to review our terms and conditions
Shipping Terms and Conditions
Thank you for the opportunity to help with your needs. To place your order or further assistance please contact me.

Name: GEORGE HER
Address: 2505 MILL CENTER PARKWAY SUITE 100
BUFORD, GA 30518
Email: [email protected]
Phone: (678) 745-9889 x129889
Fax:
11 Harbor Park Drive, Port Washington, N.Y. 11050 | Copyright © 2025 by Global Industrial. All Rights Reserved.

Help | Contact Us
This order is subject to Global Industrial's Terms & Conditions of Sale. Global Industrial objects to any other additional or different terms in your purchase order or acceptance.

Version July 14, 2022
Warehousing, Material Handling, and Production Support
Executive Summary
Lead Agency: Region 4 ESC Solicitation: 21-14
RFP Issued: July 8, 2021 Pre-Proposal Date: July 29, 2021 Response Due Date: August 24, 2021 Proposals Received: # 3 Awarded to: Global Industrial Contract #: R211402
The Board of Director of Region 4 Education Service Center (ESC) issued RFP 21-14 on July 8, 2021, to establish a national cooperative contract for Warehousing, Material Handling, and Production Support.

The solicitation included cooperative purchasing language in Sections I. Scope of Work:

Region 4 ESC, as the Principal Procurement Agency, defined in APPENDIX D, has partnered with OMNIA Partners, Public Sector (“OMNIA Partners”) to make the resultant contract (also known as the “Master Agreement” in materials distributed by OMNIA Partners) from this solicitation available to other public agencies nationally, including state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”), through OMNIA Partners’ cooperative purchasing program. Region 4 ESC is acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement. Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners (a “Participating Public Agency”) and by using the Master Agreement, any such Participating Public Agency agrees that it is registered with OMNIA Partners, whether pursuant to the terms of a Master Intergovernmental Cooperative Purchasing Agreement, a form of which is attached hereto on APPENDIX D, or as otherwise agreed to. APPENDIX D contains additional information about OMNIA Partners and the cooperative purchasing program
Notice of the solicitation was sent to potential offerors, as well as advertised in the following:
• Region 4 ESC website
• OMNIA Partners website
• USA Today, nationwide
• Arizona Business Gazette, AZ
• San Bernardino County Sun, CA
• Honolulu Star-Advertiser, HI
• The Herald-News – Will County (IL)
• The Advocate – New Orleans, LA
• The New Jersey Herald, NJ

Version July 14, 2022
• Albany Times Union, NY
• Daily Journal of Commerce, OR
• The State, SC
• Deseret News, UT
• Richmond Times-Dispatch, VA
• Seattle Daily Journal of Commerce, WA
• Houston Community Newspapers, TX
• Helena Independent Record, MT
• Las Vegas Review-Journal and/or Las Vegas Sun
• Kennebec Journal/Morning Sentinel, ME
On August 24, 2021 proposals were received from the following offerors:
• Crown Equipment
• Global Industrial
• Kaman Industrial Technologies
The proposals were evaluated by an evaluation committee. Using the evaluation criteria established in the RFP, the committee elected to enter into negotiations with Global Industrial and proceeding with contract award upon successful completion of negotiations.

Region 4 ESC executed the agreement with a contract effective date of December 1, 2021 Contract includes: Transportation, Equipment, Lifts, and Attachments. Storage Products and Solutions.

Term:

Initial three-year agreement from December 1, 2021 through November 30, 2024 with the option to renew for two (2) additional one-year periods through November 30, 2026.

Pricing/Discount: Available upon request.

OMNIA Partners, Public Sector Web Landing Page:
https://www.omniapartners.com/publicsector/suppliers/global-industrial/contract-documentation

Region 4 Education Service Center (ESC)
Contract # R211402
for
Warehousing, Material Handling, and Production Support
with
Global Equipment Company Inc.

Effective: December 1, 2021

The following documents comprise the executed contract between the Region 4 Education Service Center and Global Equipment Company Inc., effective December 1, 2021:

I. Vendor Contract and Signature Form
II. Supplier’s Response to the RFP, incorporated by reference

CONTRACT
1 APPENDIX A

CONTRACT
This Contract (“Contract”) is made as of December 1, 2021 by and between Global Equipment Company Inc. (“Contractor”) and Region 4 Education Service Center (“Region 4 ESC”) for the purchase of Warehousing, Material Handling, and Production Support (“the products and services”).

RECITALS
WHEREAS, Region 4 ESC issued Request for Proposals Number R21-14 for Warehousing, Material Handling, and Production Support (“RFP”), to which Contractor provided a response (“Proposal”); and
WHEREAS, Region 4 ESC selected Contractor’s Proposal and wishes to engage Contractor in providing the services/materials described in the RFP and Proposal; WHEREAS, both parties agree and understand the following pages will constitute the Contract between the Contractor and Region 4 ESC, having its principal place of business at 7145 West Tidwell Road, Houston, TX 77092.

WHEREAS, Contractor included, in writing, any required exceptions or deviations from these terms, conditions, and specifications; and it is further understood that, if agreed to by Region 4 ESC, said exceptions or deviations are incorporated into the Contract.

WHEREAS, this Contract consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth below shall control.

WHEREAS, the Contract will provide that any state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”) may purchase products and services at prices indicated in the Contract upon the Public Agency’s registration with OMNIA Partners. 1) Term of agreement. The term of the Contract is for a period of three (3) years unless terminated, canceled or extended as otherwise provided herein. Region 4 ESC shall have the right to renew the Contract for two (2) additional one-year periods or portions thereof. Region 4 ESC shall review the Contract prior to the renewal date and notify the Contractor of Region 4 ESC’s intent renew the Contract. Contractor may elect not to renew by providing three hundred sixty-five days’ (365) notice to Region 4 ESC. Notwithstanding the expiration of the initial term or any subsequent term or all renewal options, Region 4 ESC and Contractor may mutually agree to extend the term of this Agreement. Contractor acknowledges and understands Region 4 ESC is under no obligation whatsoever to extend the term of this Agreement.

The anticipated full term of the contract is five (5) years. The Contractor shall have the right to enter local “service” agreements with Participating Public Agencies accessing the contract through OMNIA Partners, so long as the effective date of such agreement is prior to the expiration of the Contract. All local agreements may have a full potential term (any

CONTRACT
2 combination of initial and renewal periods) not to exceed five years. Any tasks or project agreements executed against this Master Agreement during the effective term may survive beyond the expiration of the Master Agreement as established and agreed to by both parties. 2) Scope: Contractor shall perform all duties, responsibilities and obligations, set forth in this agreement, and described in the RFP, incorporated herein by reference as though fully set forth herein.
3) Form of Contract. The form of Contract shall be the RFP, the Offeror’s proposal and Best and Final Offer(s).
4) Order of Precedence. In the event of a conflict in the provisions of the Contract as accepted by Region 4 ESC, the following order of precedence shall prevail:
i. This Contract
ii. Offeror’s Best and Final Offer
iii. Offeror’s proposal
iv. RFP and any addenda
5) Commencement of Work. The Contractor is cautioned not to commence any billable work or provide any material or service under this Contract until Contractor receives a purchase order for such work or is otherwise directed to do so in writing by Region 4 ESC. 6) Entire Agreement (Parol evidence). The Contract, as specified above, represents the final written expression of agreement. All agreements are contained herein and no other agreements or representations that materially alter it are acceptable. 7) Assignment of Contract. No assignment of Contract may be made without the prior written approval of Region 4 ESC. Contractor is required to notify Region 4 ESC when any material change in operations is made (i.e. bankruptcy, change of ownership, merger, etc.). 8) Novation. If Contractor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor in interest must guarantee to perform all obligations under this Contract. Region 4 ESC reserves the right to accept or reject any new party. A change of name agreement will not change the contractual obligations of Contractor. 9) Contract Alterations. No alterations to the terms of this Contract shall be valid or binding unless authorized and signed by Region 4 ESC.
10) Adding Authorized Distributors/Dealers. Contractor is prohibited from authorizing additional distributors or dealers, other than those identified at the time of submitting their proposal, to sell under the Contract without notification and prior written approval from Region 4 ESC.

Contractor must notify Region 4 ESC each time it wishes to add an authorized distributor or dealer. Purchase orders and payment can only be made to the Contractor unless otherwise approved by Region 4 ESC. Pricing provided to members by added distributors or dealers must also be less than or equal to the Contractor’s pricing. 11) TERMINATION OF CONTRACT
a) Cancellation for Non-Performance or Contractor Deficiency. Region 4 ESC may terminate the Contract if purchase volume is determined to be low volume in any 12-month period.

Region 4 ESC reserves the right to cancel the whole or any part of this Contract due to

CONTRACT
3 failure by Contractor to carry out any obligation, term or condition of the contract. Region 4 ESC may issue a written deficiency notice to Contractor for acting or failing to act in any of the following:
i. Providing material that does not meet the specifications of the Contract; ii. Providing work or material was not awarded under the Contract; iii. Failing to adequately perform the services set forth in the scope of work and specifications;
iv. Failing to complete required work or furnish required materials within a reasonable amount of time;
v. Failing to make progress in performance of the Contract or giving Region 4 ESC reason to believe Contractor will not or cannot perform the requirements of the Contract; or
vi. Performing work or providing services under the Contract prior to receiving an authorized purchase order.

Upon receipt of a written deficiency notice, Contractor shall have ten (10) days to provide a satisfactory response to Region 4 ESC. Failure to adequately address all issues of concern may result in Contract cancellation.
b) Termination for Cause. If, for any reason, Contractor fails to fulfill its obligation in a timely manner, or Contractor violates any of the covenants, agreements, or stipulations of this Contract Region 4 ESC reserves the right to terminate the Contract immediately and pursue all other applicable remedies afforded by law. Such termination shall be effective by delivery of notice, to the Contractor, specifying the effective date of termination. If such event does occur, Contractor will be entitled to receive just and equitable compensation for the satisfactory work completed on such documents.
c) Delivery/Service Failures. Failure to deliver goods or services within the time specified, or within a reasonable time period as interpreted by the purchasing agent or failure to make replacements or corrections of rejected articles/services when so requested shall constitute grounds for the Contract to be terminated.
d) Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. e) Standard Cancellation. Region 4 ESC may cancel this Contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other

CONTRACT
4 party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order.
12) Licenses. Contractor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by Contractor. Contractor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of services under the Contract. Region 4 ESC reserves the right to stop work and/or cancel the Contract if Contractor’s license(s) expire, lapse, are suspended or terminated.
13) Survival Clause. All applicable software license agreements, warranties or service agreements that are entered into between Contractor and Region 4 ESC under the terms and conditions of the Contract shall survive the expiration or termination of the Contract. All Purchase Orders issued and accepted by Contractor shall survive expiration or termination of the Contract.
14) Delivery. Global Industrial will make a good faith effort to provide products within the requested time frame. However, some products may require longer lead times due to constrained availability, production, and manufacturer lead times. Lead times are available on the Global Industrial website (www.globalindustrial.com) and updated shipment dates are emailed to the buyer when available. Standard freight and shipping charges will be reflected on all quotes, orders, and invoices as prepaid and added, FOB Origin, unless otherwise indicated. Standard LTL shipments shall be dock to dock. Standard small package shipments shall be dock to door. Additional fees may be incurred for any special services including, but not limited to, the following: liftgate services, white glove services, 24 hour advance notifications, delivery area surcharges, hazardous material surcharges, residential deliveries, Saturday charge deliveries, inside delivery (threshold only). Orders containing items deemed non-cancellable and/or non-returnable cannot be cancelled. 15) Inspection & Acceptance. If defective or incorrect material is delivered, Region 4 ESC may make the determination to return the material to the Contractor at no cost to Region 4 ESC.

The Contractor agrees to pay all shipping costs for the return shipment. Contractor shall be responsible for arranging the return of the defective or incorrect material. Any rejection for nonconformance of goods shall be made within five (5) days of delivery, or goods shall be deemed accepted.
16) Payments. Pending credit approval of the participant, payment terms shall be net sixty (60) days from date of invoice.
17) Price Adjustments. Should it become necessary or proper during the term of this Contract to make any change in design or any alterations that will increase price, Region 4 ESC must be notified immediately. Discount increases or decreases must be approved by Region 4 ESC and no payment for additional materials or services, beyond the amount stipulated in the Contract shall be paid without prior approval. All price increases must be supported by manufacturer documentation, or a formal cost justification letter. Contractor must honor previous prices for thirty (30) days after approval and written notification from Region 4 ESC.

It is the Contractor’s responsibility to keep all pricing up to date and on file with Region 4 ESC.

All price changes must be provided to Region 4 ESC, using the same format as was provided and accepted in the Contractor’s proposal.

CONTRACT
5 Price reductions may be offered at any time during Contract. Special, time-limited reductions are permissible under the following conditions: 1) reduction is available to all users equally; 2) reduction is for a specific period, normally not less than thirty (30) days; and 3) original price is not exceeded after the time-limit. Contractor shall offer Region 4 ESC any published price reduction during the Contract term.
18) Audit Rights. Contractor shall, at its sole expense, maintain appropriate due diligence of all purchases made by Region 4 ESC and any entity that utilizes this Contract. Region 4 ESC reserves the right to audit the accounting for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. Region 4 ESC shall have the authority to conduct random audits of Contractor’s pricing at Region 4 ESC's sole cost and expense.

Notwithstanding the foregoing, in the event that Region 4 ESC is made aware of any pricing being offered that is materially inconsistent with the pricing under this agreement, Region 4 ESC shall have the ability to conduct an extensive audit of Contractor’s pricing. Region 4 ESC may conduct the audit internally or may engage a third-party auditing firm. In the event of an audit, the requested materials shall be provided in the format and at the location designated by Region 4 ESC.
19) Discontinued Products. If a product or model is discontinued by the manufacturer, Contractor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model.
20) New Products/Services. New products and/or services that meet the scope of work may be added to the Contract. Pricing shall be equivalent to the percentage discount for other products. Contractor may replace or add product lines if the line is replacing or supplementing products, is equal or superior to the original products, is discounted similarly or greater than the original discount, and if the products meet the requirements of the Contract. No products and/or services may be added to avoid competitive procurement requirements. Region 4 ESC may require additions to be submitted with documentation from Members demonstrating an interest in, or a potential requirement for, the new product or service. Region 4 ESC may reject any additions without cause. New product offerings are added to the Global Industrial website on a regular basis. Global Industrial will not submit additions to the eligible products to Region 4 ESC but will make these products available to participants on the Global Industrial website. 21) Options. Optional equipment for products under Contract may be added to the Contract at the time they become available under the following conditions: 1) the option is priced at a discount similar to other options; 2) the option is an enhancement to the unit that improves performance or reliability.
22) Warranty Conditions. All warranties from the original manufacturers are hereby irrevocably assigned to participants and all documents evidencing the same will be included with the items. Global Industrial will assist participants in maintaining continuity of such warranties, and shall take all reasonable steps to assist participants in asserting and processing warranty claims directly with the manufacturers.
23) Site Cleanup. Contractor shall clean up and remove all debris and rubbish resulting from their work as required or directed. Upon completion of the work, the premises shall be left in good repair and an orderly, neat, clean, safe and unobstructed condition.

CONTRACT
6 24) Site Preparation. Contractor shall not begin a project for which the site has not been prepared, unless Contractor does the preparation work at no cost, or until Region 4 ESC includes the cost of site preparation in a purchase order. Site preparation includes, but is not limited to:
moving furniture, installing wiring for networks or power, and similar pre-installation requirements.
25) Registered Sex Offender Restrictions. For work to be performed at schools, Contractor agrees no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are or are reasonably expected to be present. Contractor agrees a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at Region 4 ESC’s discretion. Contractor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge.
26) Safety measures. Contractor shall take all reasonable precautions for the safety of employees on the worksite and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Contractor shall post warning signs against all hazards created by its operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage.
27) Smoking. Persons working under the Contract shall adhere to local smoking policies.

Smoking will only be permitted in posted areas or off premises. 28) Stored materials. Upon prior written agreement between the Contractor and Region 4 ESC, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of the stored materials must be provided to Region 4 ESC prior to payment. Such materials must be stored and protected in a secure location and be insured for their full value by the Contractor against loss and damage. Contractor agrees to provide proof of coverage and additionally insured upon request. Additionally, if stored offsite, the materials must also be clearly identified as property of Region 4 ESC and be separated from other materials. Region 4 ESC must be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary. Until final acceptance by Region 4 ESC, it shall be the Contractor's responsibility to protect all materials and equipment. Contractor warrants and guarantees that title for all work, materials and equipment shall pass to Region 4 ESC upon final acceptance. 29) Funding Out Clause. A Contract for the acquisition, including lease, of real or personal property is a commitment of Region 4 ESC’s current revenue only. Region 4 ESC retains the right to terminate the Contract at the expiration of each budget period during the term of the Contract and is conditioned on a best effort attempt by Region 4 ESC to obtain appropriate funds for payment of the contract. Any purchase orders placed up to and including the date of termination due to the non-appropriation of funds shall be paid in accordance with agreed upon payment terms, even if invoice is received in new fiscal year. Orders containing items deemed non-cancellable and/or nonreturnable cannot be cancelled. Contractor requests participant not place any Purchase Order if funds have not been appropriated therefor. 30) Indemnity. Contractor shall protect, indemnify, and hold harmless both Region 4 ESC and its administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the Contractor, Contractor employees or

CONTRACT
7 subcontractors in the preparation of the solicitation and the later execution of the Contract.

Any litigation involving either Region 4 ESC, its administrators and employees and agents will be in Harris County, Texas.
31) Marketing. Contractor agrees to allow Region 4 ESC to use their name and logo within website, marketing materials and advertisement. Any use of Region 4 ESC name and logo or any form of publicity, inclusive of press releases, regarding this Contract by Contractor must have prior approval from Region 4 ESC. Region 4 ESC must obtain written consent from Global Industrial prior to using the company name and logo within website, marketing materials and advertisement.
32) Certificates of Insurance. Certificates of insurance shall be delivered to the Region 4 ESC prior to commencement of work. The Contractor shall give Region 4 ESC a minimum of ten (10) days’ notice prior to any modifications or cancellation of policies. The Contractor shall require all subcontractors performing any work to maintain coverage as specified. 33) Legal Obligations. It is Contractor’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services and shall comply with all laws while fulfilling the Contract. Applicable laws and regulation must be followed even if not specifically identified herein.

R211402
12/01/2021 11/30/2024
10/26/2021
10/26/2021
Margaret S. Bass
Linda Tinnerman

GLOBALINDUSTRIAL.COM
November 12, 2021
OMNIA Partners, Public Sector
Attn: Jessica Goforth
840 Crescent Centre Drive
Suite 600
Franklin, TN 37067
RE: Region 4 ESC Contract Negotiations
Dear Jessica,
Please accept this letter from Global Equipment Company Inc. (“Global Industrial”) as notification that contract negotiations between it and Region 4 Education Service Center are complete and accepts the agreement as agreed to by both parties.

Should you have any questions or require anything further, please let me know.

Thank you, and best regards.

DocuSign Envelope ID: C06C16D0-B0DC-46E8-9A84-14EAFAB8C883

City of Hermosa Beach | Page 1 of 4
Meeting Date: May 13, 2025
Staff Report No. 25-CR-039
Honorable Mayor and Members of the Hermosa Beach City Council APPROVAL OF NEW 2025 SPECIAL EVENT, “MARBLES IN THE JAR” FILM

PREMIERE
CEQA: Approval of the new 2025 special event would be exempt from the California Environmental Quality Act (CEQA) under State CEQA Guidelines section 15304(e). The event is a minor temporary use of land in the form of a pre-event reception for a film screening. This type of temporary event will have negligible or no permanent effect on the environment.
(Special Events and Filming Coordinator Austin DeWeese) Recommended Action:

Staff recommends City Council hold a public hearing to consider approval of the Parks, Recreation, and Community Resources Advisory Commission’s (Commission) recommendation to include Impact Level ll new special event, “Marbles in the Jar” film premiere at the Community Theatre and courtyard on Friday, June 6, 2025, and to add the event to the 2025 Special Event Calendar.

Executive Summary:

At its May 6, 2025 meeting, the Commission held a public hearing and recommended Council approve the inclusion of new special event ‘Marbles in the Jar’ film premiere at the Community Theatre and courtyard on Friday, June 6, 2025.

Background:

The Special Events Policy Guide (Attachment 1) serves as a comprehensive document for event producers with information on the review and approval process, applicable fees, policies, and Hermosa Beach Municipal Code chapters and sections pertaining to special events. Special events are evaluated based on several factors and categorized as either Impact Level I, II, or III using the Impact Characteristics Matrix in the Special Events Policy Guide. The matrix considers event characteristics to determine the impact level such as the total estimated attendance; the event location; the day and season in which the event would take place; the total number of consecutive event days; and special requests such as reserved parking, amplified sound, etc. The event’s impact level determines the application submission deadline and the required level of review and approval which may involve City staff, Commission and/or City Council. New events or Impact Level III events, which are events with the largest impact to the City, require City Council approval. Impact Level II returning events require Commission approval and Impact Level I returning events are approved by staff.

City of Hermosa Beach | Page 2 of 4
Special event application deadlines are as follows:
 New events: If the new event is an Impact Level I or II, the application must be submitted at least 90 days in advance of the event. If the new event is an Impact Level III, the application must be submitted no later than July 30 for the following calendar year.
 Returning Impact Level III events: Must be submitted no later than July 30 for the following calendar year.
 Returning Impact Level II events: Must be submitted at least 90 days in advance of the event.
 Returning Level I events: Must be submitted at least 30 days in advance of the event.

At its May 6, 2025 meeting, the Commission held a public hearing and recommended City Council approve the inclusion of new special event ‘Marbles in the Jar’ film premiere at the Community Theatre and courtyard on Friday, June 6, 2025.

Past Commission Actions
Meeting Date Description
May 6, 2025 Commission recommended approval by the City Council the inclusion of Impact Level II new special event on the 2025 Special Events Calendar.

Discussion:

The South Bay Boardriders Club (applicant) requests approval to hold ‘Marbles in the Jar’ film premiere at the Hermosa Beach Community Theatre with a pre-event reception within the courtyard of the Community Center on Friday, June 6, 2025. The pre-event reception would include live music, food and beverages, and pop-up vendor tents. The event producer anticipates 350 people in attendance. While the event activity within the Community Theatre is subject to approval by staff, the request to use the courtyard for the pre-event reception requires a special event permit pursuant to Hermosa Beach Municipal Code Section 12.30.030. City staff issue special event permits upon certain required findings, and staff may impose conditions, operational rules, and regulations on the permit as are necessary to minimize the impact of the event on the community and ensure that the event will not be a detriment to public health and safety. If the City Council approves of the event and its addition to the 2025 Special Events Calendar, the applicant will apply for a special event permit.

The new special event requested dates are included on the 2025 Special Events Calendar (Attachment 2). Additional event details are included in the “Marbles in the Jar” Event Overview (Attachment 3).

Environmental Review:

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Approval of the new 2025 special event would be exempt from the California Environmental Quality Act (CEQA) under State CEQA Guidelines section 15304(e), Class 4, “Minor Alterations to Land.” The event is a minor temporary use of land in the form of a pre-event reception for a film screening. The temporary event would include would include live music, food and beverages, and pop-up vendor tents, and would not involve removal of health, mature, scenic trees. This type of temporary event will have negligible or no permanent effect on the environment so the aforementioned Class 4 exemption applies. Further, none of the exceptions to the CEQA exemptions in State CEQA Guidelines section 15300.2, “Exceptions,” are applicable to these temporary special events, because:
a) The activity will not occur in a particularly sensitive environment, because it is not situated in a particularly sensitive environment. The activity is proposed to held at Hermosa Beach Community Theater, an area that has already been developed with commercial uses;
b) The activity is scheduled as a one-time screening and pre-event reception, with no successive event proposed at this time. Therefore, there is no foreseeable that the cumulative impact of successive projects of the same type in the same place, over time;
c) There are no unusual circumstances related to the activity or the proposed location of the activity, because the use of the Hermosa Beach Community Theater for a film screening and pre-event reception is consistent with the permitted uses in the area;
d) The activity will not result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway, as the activity will not impact a state scenic highway;
e) The proposed location of the activity is not located at a hazardous waste site because the site is not included on any list compiled pursuant to Section 65962.5 of the Government Code; and
f) The activity will not cause a substantial adverse change in the significance of a historical resource, as the proposed activity is not located at a historic site or around historic resources.

General Plan Consistency:

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

Governance Element
Goal 5. Small beach town character is reflected throughout Hermosa Beach.

Policy:

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 5.7 Visitor and resident balance. Recognizing the desire and need to balance visitor-serving and local-serving uses as a key to preserving character and the economic vitality of the community.

Goal 3. Community parks and facilities encourage social activity and interaction.

Policies:
 3.1 Community-friendly events. Encourage, permit, and support community group, nonprofit, or business organized events on City property that support physical activity, beach culture, and family-friendly social interactions.  3.2 Social and cultural events. Design and program parks and open space to accommodate unique social and cultural events to foster connectedness and interaction.

Fiscal Impact:

If approved, the estimated event revenue would be approximately $900 to the General Fund.

Attachments:

1. Special Events Policy Guide

2. 2025 Special Events Calendar

3. “Marbles in the Jar” Event Overview
Respectfully Submitted by: Austin DeWeese, Special Events and Filming Coordinator Reviewed by: Madison Schrock, Lead Special Events and Filming Coordinator Reviewed by: Brian Sousa, Senior Recreation Supervisor
Concur: Lisa Nichols, Community Resources Director
Noted for Fiscal Impact: Henry Chao, Finance Manager
Concur: Brandon Walker, Administrative Services Director Legal Review: Todd Leishman, Interim City Attorney
Reviewed by: Leo Zalyan, Interim Deputy City Manager

HERMOSA BEACH

SPECIAL EVENTS POLICY GUIDE

This policy guide has been developed to clarify and carry out the City’s mission statement related to events that occur on outdoor public spaces within the City of Hermosa Beach.

Mission Statement
Hermosa Beach strives to offer a safe and enjoyable environment for special events to take place in a way that balances resident and visitor needs. Special events in Hermosa Beach are celebrated for being community-friendly, enhancing local beach culture, and offering a myriad of benefits to the local community. The City of Hermosa Beach works collaboratively with event operators in an efficient and clear manner to process and carry out permits in compliance with this policy.

City Contact Information
The City of Hermosa Beach Community Resources Department is available to assist and answer any questions related to the special events process.

Website: www.hermosabeach.gov
Phone: (310) 318-0280
Email: [email protected]
Address: 710 Pier Avenue, Hermosa Beach, CA 90254
Cover Image: Hermosa Beach Murals Project - John Van Hamersveld

General Information + Frequently Asked Questions
When is a Special Event Permit required?
• For any organized event, activity, celebration, or function involving the use of the beach at which one hundred or more persons are to be assembled or the use of other outdoor public spaces or rights-ofway at which twenty-five or more persons are to be assembled. • For any commercial organization requesting use of any outdoor public space within the City. • For any nonprofit organization requesting use of any outdoor public space within the City.

How do I apply for a Special Event Permit?
Special Event Applications must be submitted using the online form on the City’s website.

Are private events allowed?
All events located on the beach within the commercial zone, the Pier, or Pier Plaza should be open to spectators and the general public free of charge. Participant entry fees are permissible.

What is the “Nothing Weekend”?
On at least one weekend during the Peak Season (Memorial Day to Labor Day), no Special Event Permits will be issued. This means that any application for a Special Event Permit that coincides with a designated “Nothing Weekend” will be asked to provide alternate event dates for the event to be considered.

How will this policy be enforced?
The Special Events Policy Guide will be strictly enforced by City staff. Those found to be violating City policy or failing to comply with any of the requirements of the Hermosa Beach Municipal Code may be subject to penalties or fines. Special events, and any of its participants, vendors, or spectators, found to have caused damage or whom are in violation of any City policy, or the Hermosa Beach Municipal Code may be subject to greater deposits, regulation, or restrictions when submitting Special Event Applications in the future.

Where are special events allowed?
To ensure adequate space and resources are available, and to limit potential disturbances to the community, special events are limited to the following locations:
• North and South of Pier (within the Commercial Zone) – See page 3 • The Strand
o Strand use is only permitted for events continuously moving with no obstruction to public access • Pier Plaza
• Rights-of-way
• The following City parks:
o Valley Park, 2521 Valley Drive
o Community Center, 710 Pier Avenue
o Clark Field, 861 Valley Drive
o Edith Rodaway Park, 350 Prospect Avenue
Special Event Applications for City parks not included above will be considered on a case-by-case basis.

However, Special Event Permits will not be issued for South Park, 425 Valley Drive, or Noble Park, 1400 The Strand.

Commercial Zone

Use Classifications + Impact Characteristics
Special events are evaluated based on several factors and will be categorized as Impact Level I, II, or III based on the information provided in the Special Events Application. Once the information is submitted and reviewed by the Community Resources Department, City staff will determine the Impact Level of the event using the Impact Characteristics Matrix.

The Impact Level of the event will be used to determine:
• the deadline for Special Event Application submittal; and • the level of review for approval (City staff, Parks, Recreation and Community Resources Advisory Commission, and City Council).

Impact Characteristics Matrix
If more than one option is applicable, the highest characteristic will be used to determine the impact level.

Characteristic Impact Level I Impact Level II Impact Level III Total Attendees and Spectators
Per Event Day
100-500 501 – 1,999 2,000 or More
Event Location(s) Park or Beach The Pier or Pier Plaza Streets, the Strand, or Public Right of Way
Use of Volleyball Courts and
Beach Tennis Courts
None North or South
Volleyball Courts; or
Beach Tennis Courts
North and South
Volleyball Courts; or
North and South
Volleyball Courts and
Beach Tennis Courts; or
North Volleyball Courts
and Beach Tennis Courts
Event Season(s) Winter Spring or Fall Summer –
Peak Season
(Memorial Day to
Labor Day)
Event Day(s) Monday - Thursday Friday, Saturday, or
Sunday
Holiday
Total Consecutive Event Days
(Including Set-up and Tear-down)
1-2 3-4 5 or More
(May not exceed 15)
Additional requests such as Film/Still
Photo Permit, Reserved Parking,
Fencing, Staging, Street Closures, or
Amplified Sound Permit
None 1-2 3 or more
Impact Level 5 or More
Applicable
=Impact Level I
2 or More
Applicable
= Impact Level II
2 or more
Applicable =
Impact Level III
Pass-Through Events
An event where participants pass through the City of Hermosa Beach and the event does not start or end in Hermosa Beach is considered a Pass-Through Event. A Special Event Application is required for a Pass-Through Event and the approval process is determined based on the Impact Level assigned to the event.

Pier Plaza Promotions
The Pier Plaza Promotion option is designed to provide organizations with a one-day promotional opportunity on Pier Plaza. These events must be strictly commercial for brand awareness, or product or service launches.

Organizations who wish to hold a Pier Plaza Promotion will be required to submit a Special Event Application.

Up to five Pier Plaza Promotions may be approved each calendar year.

Approval Guidelines + Requirements
Event Approval Findings
A Special Event Permit may be issued upon finding that the event producer can adhere to all of the terms outlined in this Special Events Policy Guide.

Application Submittal Deadlines and Approval Process
Special Event Applications must be submitted as follows:
• New events: If the new event is an Impact Level I or II, the application must be submitted at least 90 days in advance of the event. If the new event is an Impact Level III, the application must be submitted no later than July 30 for the following calendar year. New events to Hermosa Beach will be subject to a Public Hearing by both the Parks, Recreation and Community Resources Advisory Commission and City Council. • Returning Level III events: Must be submitted no later than July 30 for the following calendar year.

Returning Impact Level III will be subject to review by both the Parks, Recreation and Community Resources Advisory Commission and City Council.
• Returning Level II events: Must be submitted at least ninety (90) days in advance of the event. Returning Impact Level III will be subject to review by the Parks, Recreation and Community Resources Advisory Commission.
• Returning Level I events: Must be submitted at least 30 days in advance of the event. Level I events will be subject to review by City staff.
o Pier Plaza Promotions: Review and approval of Pier Plaza Promotion events will follow the same approval process as Level I events.

Any returning event to the City that is requesting a significant change to the event format including the location, total event days, or estimated attendance total may be subject to the application submittal deadlines and approval process outlined for new events at the discretion of the Community Resources Director.

At the discretion of the Community Resources Director, Special Event Applications may be submitted for consideration after the application submittal deadline has passed, provided:
• there are unforeseeable circumstances (memorial service, team victory celebration, need for minimal marketing/advertising);
• the event does not exceed Peak Season (Memorial Day to Labor Day) Event Limits; and • the event can still meet all of the event approval findings The Parks, Recreation, and Community Resources Advisory Commission and City Council will evaluate and recommend approval of returning Impact Level III events and a “Nothing Weekend” first. The Parks, Recreation and Community Resources Advisory Commission will then consider approval of returning Impact Level II events.

City staff will then consider approval of Impact Level I events. New events are considered after all returning events.

Event Type First Day to
Submit Application
Last Day to
Submit Application
Parks, Recreation, and
Community Resources
Advisory Commission Review
City Council
Review
Impact Level I
Late May/Early June
(for following
calendar year)
30 days prior to event n/a n/a
Impact Level II 90 days prior to event
If application is submitted
by August 31: October
If application is submitted
after August 31: TBD
n/a
Impact Level III July 30
(for following
calendar year)
September October
New Events
Impact Level I or II: at least
90 days in advance of the
event
Impact Level III:
no later than July 30 for the
following calendar year.

November November

Event producers are requested to be present at any Parks, Recreation, and Community Resources Advisory Commission and City Council meetings where the event is scheduled to be reviewed.

Event Limits
To balance coastal access with events, the Beach, the Strand, and Pier Plaza will be limited to the following number of events during the peak summer season (Memorial Day to Labor Day):
o Maximum of 45 days used by Impact Level III events; and o Maximum of 25 days used by Impact Level II and II events, and (on days not used by Level III events.)
The monthly number of event days for events outside of the Peak Season (Labor Day to Memorial Day) will be limited to a maximum of 15. Additionally, only two events on any given day will be permitted in the City.

Event Notifications
The Community Resources Department may require event producers to provide written notification to all residents and businesses within a 500-foot radius of the event site. The City shall provide the notice, which shall include the date and time of the event and the telephone number of the designated event representative.

Said written notice shall be provided to the surrounding residents and businesses by the event representative not less than 1 week prior to the event. Additionally, new event requests for locations outside of the Beach or downtown area, require event notifications to be posted at the event site leading up to the scheduled Public Hearing to provide the community additional notice of the proposed new event.

Economic Benefit
Event producers will be required to detail positive economic impacts as a result of the event in the Special Event Application. Event producers should encourage use of local businesses to event staff, participants, and spectators. The Hermosa Beach Chamber of Commerce and Visitor Bureau’s business directory is available at www.trulyhermosa.com. Additionally, event producers should engage with local businesses to explore partnership, and promotional opportunities.

Pre/Post Event Meetings
Pre-event and post-event meetings with City staff and event producers may be required. A “pre-event meeting” may be scheduled anytime between 3 months to several weeks prior to the actual event date as determined by City staff.

Site Plan and Signage
A detailed map schematic must be submitted with the Special Events Application that includes the proposed location of the event, including all temporary facilities, structures, signage, and /or equipment to be erected, ingress and egress, and whether existing structures and/or facilities are to be relocated or modified (such as Volleyball Courts or Beach Tennis Courts, for example). • All recreational activities and set-up of recreational equipment should remain at least 50 feet from the Strand wall. Special considerations may be made upon request. • All event-related activities and set-up shall not block beach access or hinder emergency access onto and from the beach by the Los Angeles County Lifeguards. • All tents must remain at least 10 feet from the Strand wall.

Event signage shall not be placed on City facilities or premises outside of event times. Signage shall not be affixed to City property. Event producers may apply for a Street Banner through the Public Work’s Department.

Simultaneous Use of North and South Volleyball Courts
One side of the north and south of Pier Volleyball Courts will be required to remain open for general public use during events occurring on weekends. An exception may be provided for events that occur at the same time as City-sponsored classes utilizing the north or south of Pier Volleyball Courts or at the discretion of the Parks, Recreation, and Community Resources Advisory Commission and City Council.

Impact to Beach Tennis Courts
Any event requesting removal of the Beach Tennis Courts must provide one of the following:
• An event footprint that would allow for at least three of the permanent Beach Tennis Courts to remain for general public use; or
• Temporary Beach Tennis Courts available for general public use.

o Temporary courts must remain at least 50 feet from the strand wall and shall not block beach access or hinder emergency access onto and from the beach by the Los Angeles County Lifeguards. If temporary courts are provided outside of the Commercial Zone, outside of the event footprint, it is the responsibility of the event producer to set-up and remove the courts daily as they are not permitted to remain overnight.
o The City and Beach Tennis community would assist with providing the temporary poles and nets to the event producer and provide guidance for installation/removal.

Portable Restrooms and Hand Sanitizing/Sink Facilities
Event producers may be required to provide portable restrooms and hand-sanitizing/sink facilities. The cost of such services shall be borne by the event producer. The number of portable restrooms and hand-sanitizing/sink facilities required will be determined by City staff. City staff will designate the location for any portable restrooms and hand-sanitizing/sink facilities required at the event location.

Parking
If an event producer requests reserved parking, a parking plan outlining the public parking spaces requested with the times of use for each space must be submitted. Event producers may be required to secure satellite parking lots for event staff or attendee parking, and/or shuttle bus transportation.

Coastal Development Permit
Events that meet all of the following criteria will be subject to review by the California Coastal Commission:
• Held between Memorial Day and Labor Day;
• Occupies all or a portion of the beach; and
• Involves a charge for general public admission seating (not including participant entry fees).

Building and Safety Review
Per Chapter 31 of the California Building Code, as adopted by Hermosa Beach Municipal Code 15.04.010, a building permit and plan review is required when any special event on outdoor public spaces includes the temporary installation of the following structures:
• Awnings or canopies
• Marquees - A sign painted on, attached to, or supported by a marquee on a temporary building wall which supports the marquee
• Signs - A ground sign supported by one or more uprights, poles or braces or a sign wholly supported by a sign structure, or a portable sign with the surface temporarily fixed to a structure that is moved periodically
• Towers - A structure designed and constructed to support antennas • Antennas - Wires, poles, rods, reflecting discs or similar devices used for the transmission of electromagnetic waves
• Swimming pools - A structure intended for swimming or recreational bathing that contains water over 18 inches deep
• Relocatable buildings
• Generators, or any other temporary power source
• Temporary structures or tents that exceed 10’ x 10’ that cover an area greater than 120 square feet, including connecting areas or spaces with a common means of egress or entrance that are used or intended to be used for the gathering together of 10 or more persons. • Stages
• Trusses
• Electrical equipment
• Mechanical equipment
• Heaters
• Large-scale ventilation equipment
Following event approval, event producers will be responsible for applying for the necessary permits through the City’s Community Development Department.
• Any event with temporary installation of any of the aforementioned structures, requires the event producer to submit an application for a Building Permit. • If electrical equipment, temporary power sources, or generators would be used, the event producer must submit an application for a Electrical Permit in addition to the Building Permit.

• If mechanical equipment, heaters, or large-scale ventilation equipment would be used, the event producer must submit an application for a Mechanical Permit in addition to the Building Permit. • If plumbing equipment, pools, or water supply lines would be used, the event producer must submit an application for a Plumbing Permit in addition to the Building Permit. This is not required for the use of portable restrooms.

Applications are available on the City’s website. Plan review and permit fees would be applied and are determined by the level of review required. Special Event Permits will not be issued until all appropriate Building and Safety permits have been provided to the Community Resources Department.

County of Los Angeles Fire Department Review
The Fire Prevention Bureau in Carson oversees events taking place in the City. Therefore, event producers may be required to apply for approval by the Bureau through submission of a Public Assemblages and Event Declaration Form. Once the application is submitted the County of Los Angeles Fire Department will review, determine if a Field Inspection will be required for the event, and generate the permit fees. Once approval is obtained, an Operational Permit would be issued to the event producer.

Filming or Still Photo Permit
A Film/Still Photo Permit is required for any event recording or photographing activities resulting in commercial use. Information about professional filming permits may be obtained on the City’s website.

Emergency Action Plan
It is the event producer’s responsibility to have a comprehensive emergency action plan to the City that proposes the steps to be taken for crisis situations, such as event shut down due to severe weather, fire, active hostile attack, or for a missing person, medical emergency or threat of violence. Event producers are also responsible for providing an evacuation plan, including a script for the evacuation announcement and the means to how the evacuation plan and locations will be communicated to event attendees. The event producer’s proposed plan will be evaluated and formalized with the Emergency Management Coordinator in the City Manager’s office.

Trash
Event producers cannot leave any trash at any event site outside of the permanent trash receptacles and may be required to secure additional containers, dumpsters, or services from Athens at a cost borne by the event producer.

Accessibility Plan
It is the event producer’s responsibility to comply with all City, County, State and Federal disability access requirements applicable to the event, including the American with Disabilities Act (ADA). All indoor and outdoor sites, activities and programs must be accessible to persons with disabilities.

Traffic Plan
Event producers requesting street closures must provide a traffic control plan that illustrates all road closures, detours, and the exact placement of all traffic control devices including crash test certified barricades, signage, and message boards. The traffic control plan must be approved by the Police and Public Works Departments. The event producer is responsible for securing and deploying the required traffic control devices outlined in the City approved traffic control plan. The Public Works Department inspects all traffic control devices once deployed to ensure all devices are effective and correctly positioned at a cost to the event producer.

Amplified Sound
Event producers are required to obtain an Amplified Sound Permit if the event intends to use a loudspeaker or sound amplifying equipment for the purpose of giving instructions, directions, lectures, or transmitting music. The Chief of Police will consider the following in the issuance of Amplified Sound Permits:
• The volume and intensity of the noise;
• Whether the noise is prolonged and continuous;
• How the noise contrasts with the ambient noise level; • The proximity of the noise source to residential and commercial uses; • The time of day; and
• The anticipated duration of the noise.

Speakers must be facing westward (towards the ocean) at all times.

Food, Beverage, or Merchandise Sales
In accordance with HBMC Section 12.20.300, the sale of food, non-alcoholic beverages, or branded merchandise from the event producer on the beach is allowed for events approved through the Special Events Permit Program. The sale of these items from any vendor other than the event producer, or any other commodity, merchandise, wares, products, or service on the beach is not allowed. Event producers wishing to sell within these guidelines would be responsible for obtaining a business license from the City, and for obtaining any applicable food or beverage permits through the County of Los Angeles Department of Public Health.

Requests for alcohol on the beach will not be considered.

For events not on the beach, the sale of food, non-alcoholic beverages, alcoholic beverages, or merchandise may be considered through the Special Events Permit Program. The event producer would be responsible for ensuring any vendors associated with its event has a current business license with the City and for obtaining any applicable food or beverage permits through the County of Los Angeles Department of Public Health. If the sale of alcohol is approved through the Special Event Permit Program, the event producer must secure the appropriate license from the State of California Department of Alcohol Beverage Control (ABC). The City may place restrictions on the way in which alcohol is managed at a proposed event and/or a requirement of security officers and/or assigning City staff to monitor the cost of such services shall be borne by the event producer.

Security
City staff or law enforcement may deem a special event warrants the presence of one or more Police Officers or security personnel and the cost of such services shall be borne by the event producer. Security personnel must be licensed, in uniform and are subject to approval by the City.

Insurance
At least ten (10) days prior to the event, event producers will provide the City with a certificate of insurance providing liability insurance with the following requirements:

Event producer agrees to furnish the City of Hermosa Beach evidence of comprehensive general liability insurance in the form of a certificate naming "the City of Hermosa Beach, its officers, agents, volunteers, and employees as additional insureds." This exact verbiage is required. Event producer shall notify the City at least thirty (30) days prior to the termination, reduction, cancellation, suspension, modification, or expiration of the policy. Notwithstanding the foregoing, Event producer shall maintain insurance coverage meeting the standards outlined in this Section at all times during the term of the activity or activities for which the Event producer submitted its application, as reflected in and permitted by this Agreement. All certificates are subject to approval of the City’s Risk Manager.

Coverage shall be at least as broad as Insurance Services Form CG 00 01 covering commercial general liability on an "occurrence" basis, including property damage, bodily injury, death, and personal and advertising injury with limits no less than two million dollars ($2,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Agreement, or the general aggregate limit shall be twice the required occurrence limit. The City reserves the right to request greater or lesser amounts of insurance coverage.

If the use includes athletic activities, shall provide evidence of that the commercial general liability insurance includes coverage for injuries to athletic participants and participant accident insurance.

If the Event producer maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Event Day Expectations
In order to immediately address any issues or changes that may arise during the course of an event, producers are responsible for:
• Providing contact information for an event representative that City staff may reach at any time during the event.
o The assigned event representative must be on-site and may not actively participate in the event.

• Maintaining copies of all applicable Special Event Permits and any other permits issued by the City onsite during the event.

Compliance
Applicable Codes + Regulations
The City of Hermosa Beach Municipal Code governs the approval, review, and enforcement of events. The Special Events Policy Guide must be strictly adhered to and all pertinent City Ordinances shall be enforced. The sections of the Hermosa Beach Municipal Code relevant to events include, but are not limited to:

Title 8 – Health and Safety

8.24 Noise Control

8.64 Ban on Polystyrene Food Service Ware
Title 10 – Vehicles and Traffic

10.28 Loading and Unloading

10.32 Stopping, Standing and Parking
Title 12 Street, Sidewalks and Public Places

12.20 Beach and Strand Regulations

12.28 Parks, Playgrounds and Other Public Areas

12.30 Special Events on Public Property
Environmental Requirements
Events in Hermosa Beach are expected to implement the following measures to reduce impacts and costs to the environment, the city, and the community.

MEASURE
Recycling and Waste Reduction

1. Reduce waste and single-use items
No single-use paper, plastics, packaging, and décor items Reduce size/bulk of plates, containers, cups
Use products with high recycled content
No sale or give-away of single-use plastic drinking water bottles.

At 'beer or drink gardens' use recycled or compostable cups Recycle fry-grease for bio-diesel fuels
Limit and reduce size of handouts, flyers and giveaways

2. Recycling containers:

Place well-marked recycle containers adjacent to every trash container Provide onsite 'monitors' directing people to recycling at prime locations or provide secondary trash sorters

3. Staging
Recycle or reuse event construction materials
Use ‘no emission/no VOC’ paints/sealants

4. Transportation
No-idling policy for all vehicles
Sponsor free shuttle or low-cost bus passes
Use electric, hydrogen, hybrid or CNG vehicles

4. Energy
Use energy-efficient lighting
Turn lighting and devices off when not in use
Turn off generators when not in use for significant period Use alternative energy (solar, wind, fuel cell) to supply some power Use alternative fuel generators (CNG, fuel cell, biodiesel)

5. Marine environment
No hosing of surfaces
Full containment of all wastes
Full containment of all six-pack plastic rings. Cut rings prior to disposal

6. Education
Event and vendors must have waste and recycling a prominent theme Ensure vendors and service providers with green measures Report on compliance with above applicable measures
Applicable Fees
All events are subject to an application fee, daily category fees, and additional fees established by resolution of the City Council and any additional costs incurred by the City on behalf of the event. Payment of event fees is due upon receipt. The Community Resources Department has the discretion to revoke a permit if all applicable fees are not paid in a timely manner. Special Event Permit fees are subject to change. Additional fees may apply due to required staffing and/or services from the City of Hermosa Beach’s Community Development Department, Police Department, Public Works Department and/or the Los Angeles County Fire Department.

Current Fee Schedule
Event Categories Fee
Category I
Participant plus spectator crowd less than 500 per event day.

Non-profit: $2 per registrant
and roster of participants
due to City
Commercial: 70/30
split of proceeds
and roster of participants
due to City
Category II
Participant plus spectator crowd more than 500 but less than 3,000 per event day;
• Impacts public areas for no longer than one day including set-up and tear-down; and
• Is conducted in the off-season (not between Memorial Day and Labor Day) and not on any holiday.
$3,362 per event day
Category III
Participant plus spectator crowd more than 500 but less than 3,000 per event day;
• Impacts public areas for one or more days including set-up and tear-down; or
• Impacts public areas for one or more days including set-up and tear-down and is conducted in the Peak Season (between
Memorial Day and Labor Day) or on any holiday; or
Participant plus spectator crowd more than 3,000 but less than 5,000 per event day.
$3,700 per event day
Category IV
Participant plus Spectator crowd exceeds 5,000 per event day. $6,727 per event day Additional Fees Fees
Commercial Application Fee - non-refundable $1,057
Non-Profit Application Fee - non-refundable $704
Pass-Thru Application Fee - non-refundable $353
Amplified Sound Permit $207

Additional Fees Cont’d Fees
Pier Plaza Use Fee $14,081 per event day
Event Co-sponsor* $356 per sponsor
Event Setup/Teardown $319 per location, per day
Community Resources Staff $423 per day
Parking Space Fee Fees vary based on parking location
*The Event Co-sponsor fee is charged for each organization listed as a presenting sponsor of the event on any or all marketing materials for the event.

Damage Deposit
Monetary deposits, bonds and other security may be necessary to guarantee performance of all required conditions, clean-up and repair of any City property or facilities damaged as a result of the event. Events may be required to submit a deposit to cover any potential damage to City facilities. All or a portion of the deposit may be refunded upon post event inspection. Events will be billed for the costs to repair or replace any City property damaged as a result of the event if the damage exceeds the deposit provided.

Refund/Cancellation Policy
Once a permit is approved and issued, daily category fees or additional fees may be refunded when written notice is given to the Community Resources Department at least two weeks prior to the event date.

Fee Waiver Grants
To support qualified organizations that have received approval to hold their event, the City provides event fee waiver grant opportunities to assist in its success by relieving the financial burden associated with the cost of the City’s event fees. Events and organizations that qualify for a long-term agreement or in contract are not bound to the terms of this policy. The annual award limit of fee waiver grants is approved by the City Council each fall for the upcoming calendar year. Grants will be awarded up to a maximum of $2,500 per event or a 50% reduction of indirect City event fees, whichever is the lesser amount. Fee waiver grants may only be used toward indirect costs charged by the City; direct costs are not eligible for and organizations are required to pay those in full. The minimum amount of a requested fee waiver grant must total at least $250.

Eligibility
In order to be eligible to apply for a fee waiver grant, the event must be a returning event to the City. Fee waiver grants will not be considered for new events or events taking place during the Peak Season (between Memorial Day and Labor Day). Following approval of an event, a completed Special Event Fee Waiver Grant Application is required to be submitted to the Community Resources Department at least 60 days prior to the event. The request will be reviewed by the Parks, Recreation, and Community Resources Advisory Commission at one of its regularly scheduled meetings for consideration of approval.

Event producers will be requested to demonstrate the following:
• A financial need or other economic justification to be considered for a fee waiver grant; • A positive community benefit through the organization or its event by meeting at least two of the following criteria:
• The organization and/or event serves, involves, and/or promotes Hermosa Beach, its residents, schools, and/or businesses;
• The organization and/or event can demonstrate broad community support and sponsorship; • The event appeals to a wide segment of community members; • The organization and/or event enhances the quality of life to the Hermosa Beach community; offering recreational, cultural, social, and or and/or educational activities of interest to the community;
• The organization can demonstrate a commitment to supporting the City’s active and healthy lifestyle as a result of the event; and/or
• The organization/and or event addresses an unmet community need. • A positive economic impact as a result of the event by providing the following information:

• If the event is consecutive days, data indicating the total number of participants that utilize overnight lodging in the City of Hermosa Beach; and
• Data indicating the participants spending in Hermosa Beach during the duration of the event at any of the businesses in the City of Hermosa Beach.

Additionally, event producers must be able to fully fund their event should they not receive a fee waiver grant and may not be dependent on the fee waiver grant to determine their ability to hold the event.

Events specifically prohibited from receiving a fee waiver grant include those events that:
• Promote, advocate, or advance a political message or belief. • Projects or organizations who have unsatisfactorily fulfilled its obligations from previous fee waiver grants.

Obligations
Organizations approved for a fee waiver grant will be required to complete the following:
• Include that the event “is brought to you with support from the City of Hermosa Beach” on all marketing materials. The City requests this exact verbiage be used. o A copy of event marketing materials with this exact verbiage must be provided to the City prior to the City’s issuance of the Special Events Permit.
• A formal presentation to the Parks, Recreation and Community Resources Advisory Parks, Recreation, and Community Resources Advisory Commission at one of its regular meetings no more than 60-days following the event. The presentation shall include discussion of:
o Number of attendees.
o Beneficiary of funds raised by the event (if applicable). o Overview of event budget and financial outlook.
o Overview of the community benefit and/or positive economic impact to the City of Hermosa Beach.

Disqualification
Failure to complete these requirements in accordance with this policy shall automatically disqualify the organization from submitting a future request to receive a fee waiver grant for the remainder of the current calendar year plus one additional calendar year.

If any information submitted as part of the Special Event Fee Waiver Grant is found to be fraudulent, event approvals already granted for the remainder of the calendar year will be automatically revoked. While the organization will be permitted to reapply for approval of event(s) in the following calendar year, it will no longer be eligible to apply for a fee waiver grant.

Long-term Agreements
The City of Hermosa Beach recognizes the value in hosting a variety of beloved community events that help create a balanced and enjoyable events calendar for its residents. To support and develop a long-term approach to the scheduling of events, eligible events can qualify for a long-term agreement (LTA) with the City.

Eligibility
In order for an organization to be eligible for consideration of a long-term agreement, the event(s) must meet at least three of the following:
• The event(s) must qualify as an Impact Level II or III (per the Impact Worksheet), and at least one of the following:
o Have a combined estimated total of 5,000 people in attendance; or o The event must be at least two (2) consecutive days (including setup and teardown). • Have held its event in Hermosa Beach for at least three consecutive years • The event must be produced by an organization that serves, involves, and/or promotes Hermosa Beach’s coastal lifestyle, its residents, schools, and/or businesses; and • The organization or event producer must be able to demonstrate how its programs (outside of those provided at the event) provide a positive impact to the City including enhancements to quality of life to the Hermosa Beach community; or the offering of recreational, cultural, social, and/or educational activities of interest to the community.

• The event can demonstrate:
o A community benefit; or
o A positive economic impact as a result of the event.

Event producers will be requested to demonstrate a positive community benefit through the organization or its event by meeting at least two of the following criteria:
• The organization and/or event serves, involves, and/or promotes Hermosa Beach, its residents, schools, and/or businesses;
• The organization and/or event can demonstrate broad community support and sponsorship; • The event appeals to a wide segment of community members; • The organization and/or event enhances the quality of life to the Hermosa Beach community; offering recreational, cultural, social, and or and/or educational activities of interest to the community; • The organization can demonstrate a commitment to supporting the City’s active and healthy lifestyle as a result of the event; and/or
• The organization/and or event addresses an unmet community need.

Event producers will be requested to demonstrate a positive economic impact as a result of the event by providing the following information:
• If the event is consecutive days, data indicating the total number of participants that utilize overnight lodging in the City of Hermosa Beach; and
• Data indicating the participants spending in Hermosa Beach during the duration of the event at any of the businesses in the City of Hermosa Beach.

Upon request of an organization whose event does not satisfy one or more of the above eligibility criteria, the City Council may authorize such organization to apply for an LTA where its event provides a demonstrable or differentiated benefit to the community or a service that the City would otherwise be unable to provide.

Term Limits
LTA’s shall be for no less than two (2) years but shall not exceed a maximum of three (3) years unless otherwise determined by the City Council.

Procedures
The following steps are required to guide the development and implementation of an LTA:

1. Submittal of an LTA Application and corresponding letter to the Community Resources Department demonstrating how the organization meets the criteria.

2. Review and recommendation for City Council approval by the Parks, Recreation and Community Resources Advisory Commission.

3. Review and approval by the City Council to begin LTA negotiations with City staff.

4. LTA negotiations and development.

5. Presentation of the final LTA to the City Council for approval.

Obligations
Organizations whose event(s) are approved through an LTA are required to provide a formal presentation to the Parks, Recreation, and Community Resources Advisory Commission at one of its regular monthly meetings no more than 60 days prior and 60 days following its event(s). The pre-event presentation shall include a general event overview including anticipated number of attendees; an overview of the event footprint and individualized setup; and its anticipated impact(s) to the community, etc. The post-event presentation shall include a general overview including the actual number of attendees; actual impact(s) to the community; and any event struggles and successes.

2025 SPECIAL EVENTS

CALENDAR
City of Hermosa Beach
Community Resources Department
710 Pier Avenue, Hermosa Beach, CA 90254
(310) 318-0280
[email protected]

Sun Mon Tue Wed Thu Fri Sat
1 2 3 4
Sidewalk Sale
Hermosa Avenue,
Pier Avenue & Pier Plaza
Impact Level II
5 Sidewalk Sale
Hermosa Avenue,
Pier Avenue & Pier Plaza
Impact Level II
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
6 7 8 9 10 11
12 13 14 15 16 17 18
19 20
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
21 22 23 24 25
26 27 28 29 30 31
January 2025
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event

Sun Mon Tue Wed Thu Fri Sat
1 2
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
3 4 5 6 7
Winter Challenge
North Volleyball Courts
(Setup)
8 Winter Challenge
North Volleyball Courts
9 10 11 12 13 14 15
SoCal
Beach Foundation
North Volleyball Courts
16 17 18 19 20 21 22
23 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
24 25 26 27 28
February 2025
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event

Sun Mon Tue Wed Thu Fri Sat
1 HBLL Opening Day
Clark Field
Impact Level II
2 IBVL Tournament Series
North Volleyball Courts
3 4 5 6 7 8
9 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
10 11
RUHS Volleyball Matches
North Volleyball Courts
12 RUHS Volleyball Matches
North Volleyball Courts
13 RUHS Volleyball Matches
North Volleyball Courts
14 15
St. Patrick’s Day
Parade
Hermosa Avenue,
Pier Avenue, Schumacher
Plaza, & Pier Plaza
Impact Level III
16 SoCal
Beach Foundation
North Volleyball Courts
17 18 19 20 Beach Tennis
Tournaments
Beach Tennis Courts
(Setup)
RUHS Volleyball Matches
North Volleyball Courts
21 Beach Tennis
Tournaments
Beach Tennis Courts
22 Beach Tennis
Tournaments
Beach Tennis Courts
23 CBVA
North Volleyball Courts
Beach Tennis
Tournaments
Beach Tennis Courts
24 25
RUHS Volleyball Matches
North Volleyball Courts
26 RUHS Volleyball Matches
North Volleyball Courts
27 RUHS Volleyball Matches
North Volleyball Courts
28 29
SoCal
Beach Foundation
North Volleyball Courts
30 31
March 2025
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event

Sun Mon Tue Wed Thu Fri Sat
1 2 3
RUHS Volleyball Matches
North Volleyball Courts
4 5
Sidewalk Sale
Hermosa Avenue,
Pier Avenue & Pier Plaza
Impact Level II
6 Sidewalk Sale
Hermosa Avenue,
Pier Avenue & Pier Plaza
Impact Level II
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
7 8 9 10
Beach Tennis
Tournaments
Beach Tennis Courts
(Setup)
11 Beach Tennis
Tournaments
Beach Tennis Courts
12 CBVA
North Volleyball Courts
Beach Tennis
Tournaments
Beach Tennis Courts
13 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
Beach Tennis
Tournaments
Beach Tennis Courts
14 15
RUHS Volleyball Matches
North Volleyball Courts
16 17 18 19
20 Easter Sunrise Mass
South of Pier
IBVL Tournament Series
North Volleyball Courts
21 RUHS Volleyball Matches
North Volleyball Courts
22 23 24 25
Surfers Walk of Fame
Kick-off Party
Community Theatre
Impact Level II
26 Surfers Walk of Fame
Spyder Surf Fest
Pier Plaza
Impact Level III
27 Riveria Cantina South Bay
Surf Series
South of the Pier
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
28 29 30
April 2025
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event

Sun Mon Tue Wed Thu Fri Sat
1 2 3
Classic Car Show
Schumacher Plaza &
Pier Plaza
Impact Level II
Pets in the Park
Valley Park
Impact Level II
HBLL Night at the Ballpark
Clark Field
Impact Level II
4 SoCal
Beach Foundation
North Volleyball Courts
HBLL Night at the Ballpark
Clark Field
Impact Level II
5 6 7 8 9
The Hermosa Classic
South of Pier (Setup)
10 The Hermosa Classic
South of Pier
CBVA
North Volleyball Courts
11 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
12 13 14 15 16 17
Epic Days
South of Pier
Impact Level II
State of the Art
Cypress Avenue & 6th St.

Impact Level III
18 Epic Days
South of Pier
Impact Level II
19 20 21 22
Fiesta Hermosa
Hermosa Avenue, Lot A, Pier
Avenue, Schumacher Plaza &
Pier Plaza
(Setup)
Impact Level III
Maya and the Wave
Community Center Courtyard
23 Fiesta Hermosa
Hermosa Avenue, Lot A, Pier
Avenue, Schumacher Plaza &
Pier Plaza
(Setup)
Impact Level III
CBVA
North Volleyball Courts
(Setup)
24 Fiesta Hermosa
Hermosa Avenue, Lot A, Pier
Avenue, Schumacher Plaza &
Pier Plaza
Impact Level III
CBVA
North Volleyball Courts
25 Fiesta Hermosa
Hermosa Avenue, Lot A, Pier
Avenue, Schumacher Plaza &
Pier Plaza
Impact Level III
CBVA
North Volleyball Courts
26 Fiesta Hermosa
Hermosa Avenue, Lot A, Pier
Avenue, Schumacher Plaza &
Pier Plaza
Impact Level III
CBVA
North Volleyball Courts
27 Fiesta Hermosa
Hermosa Avenue, Lot A, Pier
Avenue, Schumacher Plaza &
Pier Plaza
(Teardown)
Impact Level III
28 29
Beach Tennis
Tournaments
Beach Tennis Courts
(Setup)
30 Beach Tennis
Tournaments
Beach Tennis Courts
31 You Are Enough 5k
Schumacher Plaza & Strand
North of Pier
Beach Tennis
Tournaments
Beach Tennis Courts
May 2025
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event

Sun Mon Tue Wed Thu Fri Sat
1 HBLL Closing Day
Clark Field
Impact Level II
Beach Tennis
Tournaments
Beach Tennis Courts
2 3 4 5 6
Fine Arts Festival
Community Center Lawn
(Setup)
Impact Level III
Marbles in the Jar Film Premiere
Community Center Courtyard
Impact Level II

PENDING
7 Fine Arts Festival
Community Center Lawn
Impact Level III
8 Fine Arts Festival
Community Center Lawn
Impact Level III
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
9 10 11 12 13 14 NOTHING WEEKEND
15 NOTHING WEEKEND 16
World Championship Trials
North Volleyball Courts
17 World Championship Trials
North Volleyball Courts
18 World Championship Trials
North Volleyball Courts
19 World Championship Trials
North Volleyball Courts
20 21
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
South Bay Paddle
South of Pier
22 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
23 24 25 26 27 28
Smackfest Co-ed 4’s
Volleyball Tournament
North Volleyball Courts
29 30
June 2025
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event

July 2025
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5
6 JVA/BVCA
National Championships
North & South
Volleyball Courts &
Beach Tennis Courts
(Setup)
Impact Level III
7 JVA/BVCA
National Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
8 JVA/BVCA
National Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
9 JVA/BVCA
National Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
Shakespeare by the Sea
Valley Park
Impact Level I
10 JVA/BVCA
National Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
Shakespeare by the Sea
Valley Park
Impact Level I
11 JVA/BVCA
National Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
12 AAU
Hermosa Beach
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
13 AAU
Hermosa Beach
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III

14 AAU
Hermosa Beach
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
15 AAU
Hermosa Beach
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
16 AAU
Hermosa Beach
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
17 AAU
Hermosa Beach
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
18 AAU
Hermosa Beach
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
19 AAU
Hermosa Beach
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
AVP Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
(Setup/Event/Teardown TBD)
Impact Level III
20 AVP Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
(Setup/Event/Teardown TBD)
Impact Level III
21 AVP Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
(Setup/Event/Teardown TBD)
Impact Level III
22 AVP Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
(Setup/Event/Teardown TBD)
Impact Level III
23 AVP Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
(Setup/Event/Teardown TBD)
24 AVP Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
(Setup/Event/Teardown TBD)
25 AVP Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
(Setup/Event/Teardown TBD)
26 AVP Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Impact Level III
(Setup/Event/Teardown TBD)
27 28 29 30
International
Surf Festival
North & South of Pier
(Setup)
Impact Level III
31 International
Surf Festival
North & South of Pier
(Setup)
Impact Level III

Sun Mon Tue Wed Thu Fri Sat
1 International
Surf Festival
North & South of Pier
Impact Level III
2 International
Surf Festival
North & South of Pier Impact
Level III
Sidewalk Sale
Hermosa Avenue,
Pier Avenue & Pier Plaza
Impact Level II
3 International
Surf Festival
North & South of Pier&
North Volleyball Courts (CBVA)
Impact Level III
Sidewalk Sale
Hermosa Avenue,
Pier Avenue & Pier Plaza
Impact Level II
4 International
Surf Festival
North & South of Pier
(Teardown)
Impact Level III
5 6 7 8
Triathlon
Downtown
(Setup)
Impact Level III
9 Triathlon
Downtown
(Setup)
Impact Level III
CBVA
North Volleyball Courts
10 Triathlon
Downtown
Impact Level III
CBVA
North Volleyball Courts
11 12 13 14
Beach Tennis
Tournaments
Beach Tennis Courts
(Setup)
15 Beach Tennis
Tournaments
Beach Tennis Courts
16 Epic Days
South of Pier
Impact Level II
Beach Tennis
Tournaments
Beach Tennis Courts
17 Epic Days
South of Pier
Impact Level II
Beach Tennis
Tournaments
Beach Tennis Courts
18 19 20 21 22 23 NOTHING WEEKEND
24 NOTHING WEEKEND 25 26 27 28 29
CBVA
North Volleyball Courts &
Schumacher Plaza
(Setup)
30 CBVA
North Volleyball Courts &
Schumacher Plaza
31 CBVA
North Volleyball Courts &
Schumacher Plaza
August 2025
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event

Sun Mon Tue Wed Thu Fri Sat
1 2
Hermosa Beach Open
North Volleyball Courts
(Setup)
Impact Level III
3 Hermosa Beach Open
North Volleyball Courts
Impact Level III
4 Hermosa Beach
Concert Series
South of Pier
(Setup)
Impact Level III
Hermosa Beach Open
North Volleyball Courts
Impact Level III
5 Hermosa Beach
Concert Series
South of Pier
(Setup)
Impact Level III
Hermosa Beach Open
North Volleyball Courts
Impact Level III
6 Movies at the Beach
South of Pier
Impact Level III
Hermosa Beach Open
North Volleyball Courts
Impact Level III
7 Hermosa Beach
Concert Series
South of Pier
Impact Level III
Hermosa Beach Open
North Volleyball Courts
Impact Level III
8 Hermosa Beach
Concert Series
South of Pier
(Event Infrastructure Only(
Impact Level III
9 Hermosa Beach
Concert Series
South of Pier
(Event Infrastructure Only(
Impact Level III
10 Hermosa Beach
Concert Series
South of Pier
(Event Infrastructure Only(
Impact Level III
11 Hermosa Beach
Concert Series
South of Pier
(Event Infrastructure Only(
Impact Level III
12 Hermosa Beach
Concert Series
South of Pier
(Event Infrastructure Only(
Impact Level III
13 Movies at the Beach
South of Pier
Impact Level III
14 Hermosa Beach
Concert Series
South of Pier
Impact Level III
15 Hermosa Beach
Concert Series
South of Pier
(Teardown)
Impact Level III
LA Kings Smartwater & Coca
Cola Zero Hydration Zone
South of the Pier
(Setup)
Impact Level III

PENDING
16 LA Kings Smartwater & Coca
Cola Zero Hydration Zone
South of the Pier
(Setup)
Impact Level III

PENDING
17 LA Kings Smartwater & Coca
Cola Zero Hydration Zone
South of the Pier
(Setup)
Impact Level III

PENDING
18 LA Kings Smartwater & Coca
Cola Zero Hydration Zone
South of the Pier
Impact Level III

PENDING
19 LA Kings Smartwater & Coca
Cola Zero Hydration Zone
South of the Pier
Impact Level III

PENDING
20 Coastal Cleanup Day
Schumacher Plaza,
North & South of Pier
Impact Level I
Glow Ride for Cystic Fibrosis
Schumacher Plaza and the Strand
LA Kings Smartwater & Coca-Cola
Zero Hydration Zone
South of the Pier
Impact Level III

PENDING
21 LA Kings Smartwater & Coca Cola
Zero Hydration Zone
South of the Pier, Schumacher Plaza
& Pier Plaza
Impact Level III

PENDING
22 LA Kings Smartwater & Coca
Cola Zero Hydration Zone
South of the Pier
Impact Level III

PENDING
23 LA Kings Smartwater & Coca
Cola Zero Hydration Zone
South of the Pier
Impact Level III

PENDING
24 LA Kings Smartwater & Coca
Cola Zero Hydration Zone
South of the Pier
(Teardown)
Impact Level III

PENDING
25 26 27
Locale 90254
Hermosa Avenue, Pier Avenue, Lot
A, Schumacher Plaza, & Pier Plaza
Impact Level III
SoCal
Beach Foundation
North Volleyball Courts
28 Locale 90254
Hermosa Avenue, Pier Avenue, Lot
A, Schumacher Plaza, & Pier Plaza
(Teardown)
Impact Level III
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
29 30
September 2025
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event

Sun Mon Tue Wed Thu Fri Sat
1 IBVL Tournament Series
North Volleyball Courts
2 Beach Tennis
Tournaments
Beach Tennis Courts
(Setup)
3 Beach Tennis
Tournaments
Beach Tennis Courts
4 Beach Tennis
Tournaments
Beach Tennis Courts
5 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
Beach Tennis
Tournaments
Beach Tennis Courts
6 7 8 9 10 11
Pumpkins in the Park
Edith Rodaway Park
Impact Level II
Walk to End Alzheimer's
Pier Plaza and Strand
North of Pier
12 Hope Chapel Picnic
Valley Park
IBVL Tournament Series
North Volleyball Courts
13 14 15 16 17 18
VOLLEY4SOUND
North Volleyball Courts
19 Skechers Pier to Pier
Friendship Walk
Strand (North of Pier) &
Pier Plaza
Impact Level III
20 21 22 23 24
Beach Tennis
Tournaments
Beach Tennis Courts
(Setup)
25 Beach Tennis
Tournaments
Beach Tennis Courts
26 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
Beach Tennis
Tournaments
Beach Tennis Courts
27 28 29 30 31
October 2025
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event

Sun Mon Tue Wed Thu Fri Sat
1 2
IBVL Tournament Series
North Volleyball Courts
3 4 5 6 7 8
Sandy Sauté
North of Pier
9 10 11
Veterans Day
Wreath Laying
Ceremony
Community Center
East Lawn
Impact Level II
12 13 14 15
IBVL Tournament Series
North Volleyball Courts
16 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
17 18 19 20 21
Hermosa for the Holidays
Pier Ave, Schumacher
Plaza & Pier Plaza
Impact Level III
22 Hermosa for the Holidays
Pier Ave, Schumacher
Plaza & Pier Plaza
Impact Level III
23 Hermosa for the Holidays
Pier Ave, Schumacher
Plaza & Pier Plaza
Impact Level III
24 25 26 27 28 29
30 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
November 2025
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event

Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6
Sand Snowman
Contest
North of Pier
Impact Level I
7 8 9 10 11 12 13
California Great
Santa Stroll
Strand North of Pier & Pier
Plaza
Impact Level III
14 Community
Chanukah Celebration*
Pier Plaza &
Greenwood Park
Impact Level II
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
15 16 17 18 19 20
21 IBVL Tournament Series
North Volleyball Courts
22 23 24 25 26 27
28 29 30
IBVL Tournament Series
North Volleyball Courts
31 December 2025
*Menorah installation at Greenwood Park is Wednesday, December 10, and the Menorah is removed Tuesday, December 23 , 2025.

Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted
City Contracted Event

Off-Season Monthly Events
(Labor Day – Memorial Day) # of Special Event Days # of Days Available(out of 15) January 3 12
February 5 10
March 16 -1
April 13 2
May (through May 25) 11 4
September (from September 2) 25 -10
October 12 3
November 9 6
December 5 10
Peak Season (Memorial Day through Labor Day) # of Special Event Days on the Beach/Strand/Pier Plaza Level I & II Event Days
(not on Level III Event Days)
& City Sponsored/Contracted
(not on Level III, II or I Event Days)
(Maximum of 25)
Level III Event Days
(Maximum of 45)
Total # of Event Days
(out of 70 total)
13 40 53
Peak Season Event Limits:

To balance coastal access with events, events on the Beach, Strand & Pier Plaza will be limited to the following number of events during the peak summer season (Memorial Day to Labor Day – approximately 100 days over the summer):
o Maximum of 45 days used by Level III Events
o Maximum of 25 days used by Level I & II Events, & City Sponsored/Contracted Events (on days not used by Level III Events) City Sponsored or City Contracted Events, & Long-term Agreement Events are categorized by their Impact Level

2025
City of Hermosa Beach
Special Event Permit Application Overview
Event Title: “Marbles in the Jar” Film Premiere
Impact Level: II
Applicant Name: Tom Horton
Organization Name: South Bay Boardriders Club
Non-Profit: NO/YES
Event Date(s): Friday, June 6
Event Time: 5:00pm-9:00pm
Event Summary: A documentary film and appearance featuring professional surfer Tatiana West and her experience surfing.

Returning Event: NO/YES
Event Location (Site Map Attached): Community Center Theatre and Courtyard Estimated Number of Participants: 350
Estimated Number of Spectators: 0
Age of Participants: All ages
Participant Fee: None
Parking: None
Amplified Sound: Yes, for announcements and live acoustic music (Courtyard) Generator(s): None
Fenced Area(s): None
Stage(s), Structure(s) or Tent(s): Pop-up tents
Security: Yes
Sponsor(s): None
Vendor(s): Yes
Filming/Still Photography: None
Estimated Fees Payable to the City
Application (Non-Profit) $704
Amplified Sound $207
*Additional fees to apply due to required staffing and/or services from the City of Hermosa Beach’s Community Resources Department, Community Services Department, Public Works Department, Police Department, and the Los Angeles County Fire Department.

City of Hermosa Beach | Page 1 of 9
Meeting Date: May 13, 2025
Staff Report No. 25-CDD-070
Honorable Mayor and Members of the Hermosa Beach City Council CONSIDER THE REVOCATION OR SUSPENSION OF BUSINESS LICENSE NO. 01136416 ISSUED TO JUNG JUN LEE, DOING BUSINESS AS RAMEN AND SUSHIYA, INC. LOCATED AT 1121 AVIATION BOULEVARD.

CEQA: Determine the project is categorically exempt from the California Environmental Quality Act.
(Community Development Director Alison Becker)
Recommended Action:

Staff recommends City Council:

1. Conduct a public hearing to consider the revocation or suspension of Business License No. 01136416; and

2. Determine that the project is categorically exempt from the California Environmental Quality Act; and

3. Adopt a Resolution (Attachment 1) revoking Business License no. 01136416 for Ramen and Sushiya, Inc. located at 1121 Aviation Boulevard.

Executive Summary:

In September 2023, following three alcohol-related violations in a six-month period, the City Council amended the Conditional Use Permit allowing on-sale alcohol for an existing restaurant located at 1121 Aviation Boulevard. On January 4, 2025, a new alcohol-related violation involving the sale of alcohol to minors was reported by the Police Department.

On January 21, 2025, after conducting a public hearing, the Planning Commission revoked the Conditional Use Permit allowing on-sale alcoholic beverages after 10:00 p.m.

On January 23, 2025, the applicant voluntarily surrendered its alcohol license to the Department of Alcoholic Beverage Control (ABC). Following this, the Hermosa Beach Police Department subsequently documented the business continuing to sell alcoholic beverages in violation of state law. Staff recommends that the City Council hold a public hearing to consider revoking or modifying the restaurant’s business license, consider all public testimony, and revoke the restaurant’s business license.

Background:

The restaurant registered as Ramen and Sushiya Inc. (also known as Aka Sushi or ADA Sushi and Sake Bomb) is located in an existing multi-tenant commercial center at 11213 Aviation Blvd. Business License No. 01136416 was issued in 2018 to Jung Jun Lee, doing business as Ramen and Sushiya Inc. The restaurant continues to operate today under the same ownership.

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The site previously operated under a CUP allowing on-sale alcohol pursuant to Planning Commission Resolution 04-17.

The restaurant has a history of alcohol-related violations involving the sale of alcohol to minors. On September 26, 2022, Hermosa Beach Code Enforcement received a complaint that the business was routinely serving beer to minors. On January 13, 2023, the City received a complaint that at least 15 high-school aged minors were present at the business and were drinking alcohol, causing law enforcement to respond at the business (Attachment 2). On March 24, 2023, ABC personnel conducted a site visit at the business, requested law enforcement assistance, and issued citations to nine minors for underage drinking (Attachment 3). Based on these occurrences, the City Council held a public hearing to review the CUP on September 12, 2023 (Attachment 4). The City Council found that Ramen and Sushiya committed three violations of selling alcohol to minors between September 2022 and March 2023, and that the owner or operator of Ramen and Sushiya had not taken or complied with any precautious necessary to ensure the compatibility of the establishment with the surrounding uses. Based on these findings, pursuant to Hermosa Beach Municipal Code (HBMC) Section 2.52.040 and Section

17.40.080, the City Council adopted Resolution No. 23-7387 modifying the Conditional Use Permit (CUP 23-08/APE 23-04) for Ramen and Sushiya Inc.

On January 3, 2025, the Department of Alcoholic Beverage Control requested assistance from the Hermosa Beach Police Department at 1121 Aviation Boulevard and citations were issued 11 individuals for underage drinking. On January 21, 2025, the Planning Commission held a public hearing to consider the modification or revocation of the CUP allowing on-sale alcohol based on the conduct observed and reported at the establishment on January 3, 2025 (Attachment 5). Based on the conduct observed and reported at the establishment on September 26, 2022, January 13, 2023, March 24, 2023, and January 3, 2025, the Planning Commission revoked the Conditional Use Permit allowing on-sale alcohol beverages after 10 p.m. pursuant to HBMC Section 17.40.080.

Past Board, Commission, and Council Actions
Meeting Date Description
May 17, 2004 Planning Commission adopted Planning Commission Resolution 04-17 approving a CUP for alcohol service at this location.

November 15, 2011 The Planning Commission approved a CUP allowing the expansion of the restaurant, Resolution 11-19.

December 13, 2011 City Council sustained the Planning Commission’s November 15, 2011, decision on appeal by Resolution 11- 6776.

City of Hermosa Beach | Page 3 of 9
Meeting Date Description
May 16, 2023 Planning Commission directed staff to hold a public hearing to conduct an official review of the CUP by Resolution 11- 6776.

July 18, 2023 The Planning Commission adopted Resolution 23-08, adding the five new conditions recommended by staff and retaining the above-mentioned alcohol-related conditions of approval in City Council Resolution 11-6776.

July 25, 2023 City Council called up the Planning Commission decision for further review.

September 12, 2023 City Council held a de novo public meeting and Adopted a resolution modifying Conditional Use Permit 23-08/
Amendment to Planning Entitlement 23-04 by incorporating additional conditions of approval related to the service of alcohol and adding a condition for the temporary
suspension of alcohol sales from September 13, 2023 to
September 22, 2023.

January 21, 2025 Planning Commission revoked a Conditional Use Permit for on-sale alcohol (Beer and Wine).

Discussion:

On January 23, 2025, following the revocation of the Conditional Use Permit allowing onsale alcohol, the applicant voluntarily surrendered their license for the sale of alcohol to the Department of Alcoholic Beverage Control (Attachment 64).

On March 19, 2025, the Hermosa Beach Police Department conducted an undercover investigation at Ramen and Sushiya, which is detailed in police report DR# 25-0000695.

The investigation documented the business selling alcoholic beverages without an ABC license in violation of Business & Professions Code § 23300, and without a CUP for the sale of alcoholic beverages issued by the City in violation of the HBMC. (Attachment 75).

Given the continued operation of the business contrary to the local and state laws, the Police Chief has recommended that the business license be considered for revocation in accordance with the Hermosa Beach Municipal Code. Pursuant to HBMC Section

5.04.270, the City Council may initiate review of a city-issued business license to determine whether the business license should be suspended or revoked, or when new conditions should be imposed on the business licensed under HBMC Section 5.04.260 (Attachment 8). Pursuant to HBMC 5.04.260, the City Council may revoke or suspend a business license in any of the following instances:

A. Where the city council finds and determines that the preservation of the public health, safety and peace demand revocation of such license or permit;

City of Hermosa Beach | Page 4 of 9
B. Where the licensee or permittee has violated any provisions of this code, any ordinance of the city or any other provision of law;
C. Where a permit or license has been granted on false or fraudulent evidence, testimony or application;
D. Where the licensee or permittee has violated the terms and provisions of such license or permit;
E. Where the licensee has conducted the business in an immoral or disorderly manner, or has failed to exercise reasonable efforts to maintain order among the customers and patrons and to prevent violation of law or ordinance by them; or F. The business has been conducted as to be a public nuisance; G. By the license collector, where the licensee has failed to pay the charges imposed by this chapter or to file reports as required by this chapter within sixty (60) days after such charges or reports become delinquent.

Required Findings to Revoke Business License No. 01136416:

Based on the evidence, there are grounds to revoke Business License No. 01136416 pursuant to HBMC Section 5.04.260(A), (B), (D), (E), and (F), as provided above. There is evidence that Ramen and Sushiya, Inc., has violated provisions of the Hermosa Beach Municipal Code and state law, justifying revocation of its business license, as follows:

A. Where the city council finds and determines that the preservation of the public health, safety, and peace demand revocation of such license or permit;
The business continues to operate in a manner that is contrary to the preservation of the public health and safety despite having ample opportunity to comply. The following chronology details the history of violations.  March 19, 2025 - Hermosa Beach Police Department documented the business selling alcohol without a license from the Department of Alcoholic Beverage Control (ABC) in violation of Business and Professions Code 23300 and in violation of Hermosa Beach Municipal Code Section 5.04.060 requiring a business license holder to comply with all laws applicable to the business, including obtaining a city-issued Conditional Use Permit (CUP) for on-sale alcohol.
 January 23, 2025 - ABC License 595995 was voluntarily surrendered to ABC.

City of Hermosa Beach | Page 5 of 9
 January 3, 2025 - ABC staff requested police assistance from Hermosa Beach Police Department. ABC issued citations to 11 juveniles for underage drinking. At that time the business operated under a CUP permitted by Resolution No. 11-6776 and 23-07387.
 March 24, 2023– ABC staff requested police assistance from Hermosa Beach Police Department. ABC issued citations to 9 juveniles for underage drinking. At that time the business operated under a CUP permitted by Resolution No. 11-6776.
 January 13, 2023 – Reporting party claimed at least 15 underage subjects inside establishment drinking alcoholic beverages. The reporting party claimed that she sees underage drinking at the location nightly. Officers arrived and approximately 20-25 juveniles fled the location. Business employee identified, advised regarding regulations for sale of alcohol.  September 26, 2022 – Code Enforcement received a complaint that the establishment routinely served several juveniles beer. The Police Department reported this information to ABC.

B. Where the licensee or permittee has violated any provisions of this code, any ordinance of the city or any other provision of law; The business has repeatedly operated the business in a manner contrary to state and local regulations. The last two incidents occurred in the first three months of 2025 as summarized below:
 March 19, 2025 – Hermosa Beach Police Department documented the business selling alcohol without a license from the Department of Alcoholic Beverage Control (ABC) in violation of Business and Professions Code 23300 and in violation of Hermosa Beach Municipal Code Section 5.04.060 requiring a business license holder to comply with all applicable laws, including obtaining a city-issued Conditional Use Permit (CUP) for on-sale alcohol.
 January 23, 2025 - ABC License No. 595995 was voluntarily surrendered by the business to ABC.
 January 3, 2025 - ABC staff requested police assistance from Hermosa Beach Police Department. ABC issued citations to 11 juveniles for underage drinking.
 March 24, 2023– ABC staff requested police assistance from Hermosa Beach Police Department. ABC issued citations to 9 juveniles for underage drinking. At that time the business operated under a CUP permitted by Resolution No. 11-6776.

C. Where a permit or license has been granted on false or fraudulent evidence, testimony or application;

City of Hermosa Beach | Page 6 of 9
Only one of the seven possible findings is necessary to revoke or suspend a business license. This finding is not the basis upon which the revocation is recommended.

D. Where the licensee or permittee has violated the terms and provisions of such license or permit;
The business has repeatedly operated the business in a manner contrary to state and local regulations.
 March 19, 2025 – Hermosa Beach Police Department documented the business selling alcohol without a license from the Department of Alcoholic Beverage Control (ABC) in violation of Business and Professions Code 23300 and in violation of Hermosa Beach Municipal Code Section 5.04.060 requiring a business license holder to comply with all applicable laws, including obtaining a city-issued Conditional Use Permit (CUP) for on-sale alcohol.
 January 23, 2025 - ABC License No. 595995 was voluntarily surrendered by the business to ABC.
 January 3, 2025 - Department of ABC staff requested police assistance from Hermosa Beach Police Department. ABC issued citations to 11 juveniles for underage drinking.
 March 24, 2023– ABC staff requested police assistance from Hermosa Beach Police Department. ABC issued citations to 9 juveniles for underage drinking. At that time the business operated under a CUP permitted by Resolution No. 11-6776.
 January 13, 2023 – Reporting party claimed at least 15 underage subjects inside establishment drinking alcoholic beverages. The reporting party claimed that she sees underage drinking at the location nightly. Officers arrived and approximately 20-25 juveniles fled the location. Business employee identified, advised regarding regulations for sale of alcohol.  September 26, 2022 – Code Enforcement received a complaint that the establishment routinely served several juveniles beer. The Police Department reported this information to ABC.

E. Where the licensee has conducted the business in an immoral or disorderly manner, or has failed to exercise reasonable efforts to maintain order among the customers and patrons and to prevent violation of law or ordinance by them; or
The applicant has failed to conduct its business in orderly manner and failed to follow the law as such the business has repeatedly attracted juveniles for underage drinking.

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 March 19, 2025 – Hermosa Beach Police Department documented the business selling alcohol without a license from the Department of Alcoholic Beverage Control (ABC) in violation of Business and Professions Code 23300 and in violation of Hermosa Beach Municipal Code Section 5.04.060 requiring a business license holder to comply with all applicable laws, including obtaining a city-issued Conditional Use Permit (CUP) for on-sale alcohol.
 January 23, 2025 - ABC License 595995 was voluntarily surrendered to ABC.
 January 3, 2025 - ABC staff requested police assistance from Hermosa Beach Police Department. ABC issued citations to 11 juveniles for underage drinking. At that time the business operated under a CUP permitted by Resolution No. 11-6776 and 23-07387.
 March 24, 2023– ABC staff requested police assistance from Hermosa Beach Police Department. ABC issued citations to 9 juveniles for underage drinking. At that time the business operated under a CUP permitted by Resolution No. 11-6776.
 January 13, 2023 – Reporting party claimed at least 15 underage subjects inside establishment drinking alcoholic beverages. The reporting party claimed that she sees underage drinking at the location nightly. Officers arrived and approximately 20-25 juveniles fled the location. Business employee identified, advised regarding regulations for sale of alcohol.  September 26, 2022 – Code Enforcement received a complaint that the establishment routinely served several juveniles beer. The Police Department reported this information to ABC.

F. The business has been conducted as to be a public nuisance; The applicant has failed to conduct its business in an orderly manner and failed to follow the law; as such, the business has repeatedly attracted juveniles for underage drinking.
 March 19, 2025 – Hermosa Beach Police Department documented the business selling alcohol without a license from the Department of Alcoholic Beverage Control (ABC) in violation of Business and Professions Code 23300 and in violation of Hermosa Beach Municipal Code Section 5.04.060 requiring a business license holder to comply with all applicable laws, including obtaining a city-issued Conditional Use Permit (CUP) for on-sale alcohol.
 January 23, 2025 - ABC License 595995 was voluntarily surrendered to ABC.
 January 3, 2025 - ABC staff requested police assistance from Hermosa Beach Police Department. ABC issued citations to 11 juveniles for

City of Hermosa Beach | Page 8 of 9
underage drinking. At that time the business operated under a CUP permitted by Resolution No. 11-6776 and 23-07387.
 March 24, 2023– ABC staff requested police assistance from Hermosa Beach Police Department. ABC issued citations to 9 juveniles for underage drinking. At that time the business operated under a CUP permitted by Resolution No. 11-6776.
 January 13, 2023 – Reporting party claimed at least 15 underage subjects inside establishment drinking alcoholic beverages. The reporting party claimed that she sees underage drinking at the location nightly. Officers arrived and approximately 20-25 juveniles fled the location. Business employee identified, advised regarding regulations for sale of alcohol.  September 26, 2022 – Code Enforcement received a complaint that the establishment routinely served several juveniles beer. The Police Department reported this information to ABC.

G. By the license collector, where the licensee has failed to pay the charges imposed by this chapter or to file reports as required by this chapter within sixty (60) days after such charges or reports become delinquent.

Only one of the seven possible findings is necessary to revoke or suspend a business license. This finding is not the basis upon which the revocation is recommended.

General Plan Consistency:

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

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

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

Notice of the hearing was given to the business owner of record on May 1, 2025. The City Council conducted an open meeting for the applicant and the general public alike.

Goal 5. High-quality police and fire protection services are provided to residents and visitors.
 5.8 Nuisance abatement. Encourage Police Department review of uses which may be characterized historically by high levels of nuisance (noise, nighttime

City of Hermosa Beach | Page 9 of 9
patronage, and/or rates of criminal activity), providing for conditions of control of use to prevent adverse impacts on adjacent residences schools, religious facilities, and similar “sensitive” uses.

Due to repeated violations of local and state laws, the Chief of Police has recommended that the City Council consider revoking business license No. 01136416. Revoking this business license is necessary to address ongoing policing issues caused by the business's operation and protect public health and safety.

Fiscal Impact:

Pursuant to Hermosa Beach Municipal Code Section 5.04.270, upon revocation or suspension of the business license, all license fees shall be forfeited to the City. There is no fiscal impact anticipated with this action.

Environmental Review:

This report and associated recommendations have been evaluated for applicability under the California Environmental Quality Act (CEQA Staff recommends that the City Council find this action to be exempt from CEQA pursuant to State CEQA Guidelines Section 15061(b)(3), known as the common sense exemption, as it can be seen with certainty that there is no possibility that the revocation of a business license may have a significant impact on the environment.

Attachments:

1. Draft Resolution

2. Police Department Report No. 23-0097 (with redactions)

3. Police Department Incident No. 826

4. September 12, 2023 City Council Staff Report

5. January 21, 2025 Planning Commission Staff Report

6. Department of Alcoholic Beverage Control License status

7. Police Report No.25-0000695 (with redactions)

8. Hermosa Beach Municipal Code Sections 5.04.260 and 5.04.270 Respectfully Submitted by: Alexis Oropeza, Planning Manager Concur: Landon Philips, Chief of Police
Concur: Alison Becker, AICP, Community Development Director Noted for Fiscal Impact: Henry Chao, Finance Manager
Concur: Brandon Walker, Administrative Services Director Legal Review: Todd Leishman, Interim City Attorney
Reviewed by: Leo Zalyan, Interim Deputy City Manager

CC Resolution 25-XX

A RESOLUTION OF THE CITY COUNCIL OF HERMOSA BEACH,
CALIFORNIA, REVOKING BUSINESS LICENSE NO. 01136416 ISSUED TO JUNG JUN LEE, DOING BUSINESS AS RAMEN AND SUSHIYA, INC.

LOCATED AT 1121 AVIATION BOULEVARD AND DETERMINING THAT

THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).

The City Council of the City of Hermosa Beach does hereby resolve, and order as follows:

Section 1. The City of Hermosa Beach (City) requires that all persons conducting business in the City procure a Business License from the City. The City defines and regulates business license requirements under Hermosa Beach Municipal Code (HBMC) Chapter 5.04. Pursuant to Chapter 5.04, Business License No. 01136416 was issued to Jung Jun Lee, doing business as Ramen and Sushiya Inc. (also known as Aka Ramen and Sushi and Aka Sushi and Sake Bomb), at 1121 Aviation Boulevard, Hermosa Beach, California, on October 1, 2018 (Ramen and Sushiya, or the business). Pursuant to HBMC Section

5.04.190, Business License No. 01136416 must be renewed annually. The current business license expires on September 30, 2025.

Section 2. The City also requires that all restaurants that sell, serve, or allow onsale alcohol beverages obtain a Conditional Use Permit (CUP) pursuant to HBMC Chapter

17.40. On May 17, 2004, the Planning Commission adopted Planning Commission Resolution 04-17, which approved a CUP for the service of alcohol at 1121 Aviation Boulevard. Ramen & Sushiya served alcohol pursuant to this CUP and Alcoholic Beverage (ABC) License No. 595995 until approximately September 12, 2023, when the CUP was modified as detailed below.

Section 3. The City documented three alleged instances of the sale of alcohol to minors, in violation of state law and the City’s municipal code, at 1121 Aviation Boulevard under Ramen and Sushiya Inc., in a six-month period between September 2022 and March 2023. On September 26, 2022, Hermosa Beach Code Enforcement received a complaint that the business was routinely serving beer to minors. On January 13, 2023, the City received a complaint that at least 15 high-school aged minors were present at the business and were drinking alcohol, causing law enforcement to respond at the business. (On March 24, 2023, ABC personnel conducted a site visit at the business, requested law enforcement assistance, and issued citations to nine minors for underage drinking.

Section 4. On September 12, 2023, the City Council held a public hearing to review the CUP. The City Council found that Ramen and Sushiya committed three violations of selling alcohol to minors between September 2022 and March 2023, and that the owner or operator of Ramen and Sushiya had not taken or complied with any precautious necessary to ensure the compatibility of the establishment with the surrounding uses.

Based on these findings, pursuant to HBMC Section 2.52.040 and Section 17.40.080, the City Council adopted Resolution No. 23-7387 modifying the Conditional Use Permit (CUP 23-08/ APE 23-04) for Ramen and Sushiya Inc., located at 1121 Aviation Blvd. The modified CUP placed additional requirements on the establishment, its operators, and permitted the Police Chief to impose modified or additional operation requirements to curtail continuing or future violations of the CUP. Ramen and Sushiya continued to serve alcohol pursuant to CUP 23-08/APE 23-04 and ABC License No. 595995.

Section 5. On January 3, 2025, the Department of Alcoholic Beverage Control requested assistance from the Hermosa Beach Police Department at 1121 Aviation Boulevard and citations were issued to 11 individuals for underage drinking.

Section 6. On January 21, 2025, the Planning Commission revoked CUP 23-08/APE 23-0 Permit allowing on-sale alcohol at the business after 10:00 p.m.

Section 7. On January 23, 2025, the business voluntarily surrendered its Department of Alcoholic Beverage License No. 595995.

Section 8. On March 19, 2025, the Hermosa Beach Police Department conducted an undercover investigation at Ramen and Sushiya, which is detailed in police report DR# 25-0000695. The investigation documented the business selling alcoholic beverages without an ABC license in violation of Business & Professions Code § 23300, and without a CUP for the sale of alcoholic beverages issued by the City in violation of the HBMC.

Section 9. HBMC Section 5.04.260 provides an enumerated list of instances under which a city-issued business license may be revoked or suspended by the City Council, or when the City Council may impose new conditions on the business license. Pursuant to HBMC Section 5.04.270, the City Council may initiate review of a city-issued business license to determine whether the business license should be suspended or revoked, or when new conditions should be imposed on the business licensed under HBMC Section

5.04.260.

Section 10. On May 1, 2025, Jung Jun Lee was notified by U.S. mail and electronic mail of the May 13, 2025, City Council hearing to consider the revocation or suspension of Business License No. 01136416, in accordance with HBMC Section 5.04.270.

Section 11. HBMC Section 5.04.260, due to additional alleged violations of state law and the HBMC arising from conduct at the business documented on March 19, 2025, the City Council initiated a review of Business License No. 01136416 issued to Jung Jun Lee, doing business as Ramen and Sushiya Inc., at its regularly scheduled meeting of May 13, 2025, at which time testimony and evidence, both written and oral, was presented to and considered by the City Council.

Section 12. The City Council finds this action to be exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3), known as the common sense exemption, as it can be seen with certainty that there is no possibility that the revocation of a business license may have a significant impact on the environment.

Section 13. Based on substantial evidence set forth in the record of proceedings, including but not limited to the May 13, 2025 City Council Staff Report on the proposed revocation of Business License No. 01136416, all written and oral testimony and evidence presented at the public hearing, and any public comment received, the City Council hereby further finds, determines, and declares the following pertaining to the request to revoke Business License No. 01136416, pursuant to HBMC Section 5.04.260:

A. Where the city council finds and determines that the preservation of the public health, safety, and peace demand revocation of such license or permit; The business continues to operate in a manner that is contrary to the preservation of public health and safety despite having ample opportunity to comply. The following chronology details the history of violations.  March 19, 2025 - Hermosa Beach Police Department documented the business selling alcohol without a license from the Department of Alcoholic Beverage Control (ABC) in violation of Business and Professions Code 23300 and in violation of Hermosa Beach Municipal Code Section 5.04.060 requiring a business license holder to comply with all laws applicable to the business, including obtaining a city-issued Conditional Use Permit (CUP) for on-sale alcohol.
 January 23, 2025 - ABC License 595995 was voluntarily surrendered to ABC.
 January 3, 2025 - ABC staff requested police assistance from Hermosa Beach Police Department. ABC issued citations to 11 juveniles for underage