Hermosa Beach City Council
May 26, 2026

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planning practices, and ensure the City is in compliance with State law. These specific amendments would clarify how to administer the zoning ordinance by improving readability, removing ambiguities, and providing permitting and entitlement processes for all land use applications.

Past Commission Actions
Meeting Date Description
Planning Commission
April 16, 2024
Planning Commission Study Session, “IN-THE-ZONE” the
Zoning and Subdivision Ordinance Update relating to
Administrative Processes and Procedures.

Planning Commission
May 21, 2024
The Planning Commission recommended approval of the
Zone Text Amendment (TA24-01) to amend various parts
of Title 17 of the HBMC pertaining to the Administrative Procedures
At the May 21, 2024, public hearing, the Planning Commission recommended approval of the Ordinance for City Council approval and directed staff to: 1) revisit and clarify procedures for abandonment of Conditional Use Permits, 2) provide a clear definition for “ministerial”, and 3) specify that zoning clearances will undergo a concurrent review process.

Since the Planning Commission’s hearing, staff addressed the Planning Commission’s direction, reviewed the ordinance further, and prepared a series of edits shown in underlining and strikeout to the recommended Ordinance (Attachment 3). The additional edits clean up text, improve readability, streamline project review, and reflect changes in state law or to the Zoning Ordinance that occurred between the Planning Commission’s action and this hearing. Staff is of the opinion that these additional changes do not significantly alter the code amendment considered by the Planning Commission and do not warrant additional Planning Commission input. Staff released this draft Ordinance on April 30, 2026. Staff held “Drop-In Office Hours” to discuss the draft Ordinance on May 6, 2026, May 12, 2026, and May 18, 2026 to gather further public input on the draft proposed amendments. The feedback received was generally focused on suggestions to improve clarity and predictability in the process, as well as the identification of typographical errors.

Subsequent revisions were made to address many of these concerns.

Discussion:

In the context of the Zoning Code, administrative procedures are used to implement zoning regulations, establish procedures for conducting public hearings, public noticing requirements, and steps for processing set public notice requirements, and process land use applications. The proposed amendments would update the administrative procedures to ensure compliance with the General Plan, State laws, and current planning practice.

Amendments include adding or revising the following chapters:

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1. Chapter 17.01 (Introductory Provisions) – This chapter establishes the City’s authority to regulate zoning and clarifies the applicability of the zoning regulations.

2. Chapter 17.02 (Zoning Review Authorities) – This chapter specifies the review authority (Director, Planning Commission, City Council) for the various land use applications.

3. Chapter 17.03 (Administrative Procedures) – Administrative procedures established in this chapter include application requirements, review periods, public noticing, appeals, conduct of public hearings, and revisions, revocations, and expirations to approved entitlements. Additionally, this chapter establishes procedures to formally interpret the provisions of the zoning ordinance.

4. Section 17.04.040 (General Definitions) – The proposed amendment would add three new definitions into the existing list of definitions within the zoning ordinance.

This includes defining the “Director”, “Building Official”, and “Ministerial Review” in context of implementing zoning regulations.

5. Chapter 17.60 (Zoning Clearance) – The zoning clearance provides staff a formal method to review ministerial applications. Reviews would be limited to ensure compliance with the General Plan and municipal code.

6. Chapter 17.62 (Administrative Permit) – Administrative permits include emergency shelters, limited live entertainment uses, limited outdoor seating, lowbarrier navigation centers, residential care facilities, short-term vacation rentals, supportive housing (up to 50 units), and temporary use/events. This chapter establishes the process, procedures, and findings required to act on these applications.

7. Chapter 17.64 (Temporary Use Permit) – The City Council adopted Ordinance 25-1487, updating the regulations pertaining to Temporary Uses and Temporary Events in June of 2025. These provisions make it clear that approval is issued pursuant to Administrative Permits. Staff recommends the elimination of this chapter as the procedures are covered by the proposed Administrative Permit Chapter (Chapter 17.62).

8. Chapter 17.66 (Minor Exceptions) – The minor exception process would allow small deviations to development standards that could be approved by the Community Development Director without the need for a variance. The applicability of the section was deferred for future consideration by the Planning Commission.

Staff has therefore incorporated the current administrative variances which includes:
.

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 Up to ten percent reductions in setback and open space requirements for existing buildings;
 Projections where existing setbacks conform except for projections at local points in the building walls, such as for bay windows when the length parallel to the wall of any such projection is no greater than eight feet, or when the existing projecting element is no closer than three feet from the property line and no greater than one-quarter of the total length of the wall from which it projects;
 Eaves, to match the existing cave projection when adding to an existing building, and when the new eave will also conform to the requirements of the California Building Code;
 The enlargement of windows in nonconforming buildings, and other minor structural alterations in nonconforming buildings, provided there is no increase in total floor area;
 Up to a ten percent reduction in parking stall dimensions for structural reasons, when providing parking in existing buildings;
 Arbors or trellises in rear yards, for privacy, when the grade of the adjacent property is higher than that of the subject property. Sides and tops of arbors and trellises are to be made only of framework or latticework, and must be at least fifty (50) percent open.

9. Chapter 17.68 (Minor Use Permit) - Minor Use Permits are intended for uses that have the potential to create small impacts to neighboring properties. Minor use permits would be reviewed by the Director but still allow for public input.

10.Chapter 17.70 (Conditional Use Permit) – While already required, conditional use permits requirements would be moved to Chapter 17.70. This chapter establishes the process, procedures, and findings required to act on these applications.

11.Chapter 17.72 (Parking Plan) – Parking plans, as currently allowed by Chapter

17.44 of the HBMC, allow the Planning Commission to reduce the required parking for a project. Chapter 17.72 formalizes the process, procedures, and findings required to act on these applications.

12.Chapter 17.74 (Precise Development Plan) – Precise development plans allow the City to review new development projects to ensure compliance with the General Plan, zoning code, and other city regulations. The Planning Commission considered a staff recommendation to streamline the review of smaller residential (2-4 units) projects to be exempt from the Planning Commission’s review but ultimately did not approve it.

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Staff is again proposing, for City Council’s consideration, a director-level approval for smaller projects that are not exempt from the Precise Development Plan.

Adding a Minor Precise Development Plan would allow the Director to act on the projects listed below. Public notice and community input would still be included in the Minor Precise Development Plan; however no public hearing would be required. The amendments would provide for Major or Minor Precise Development Plan, which would include:

Minor Precise Development Plans
Minor Precise Development Plan would be approved by the Director and include:
 Residential only projects with only 2-4 dwelling units.  Mixed use developments that have four or less dwelling units and have a nonresidential floor area of 3,000 square feet or less.  Interior remodel greater than 3,000 square feet, with no exterior changes, in any zone.

Major Precise Development Plans
Major Precise Development Plan would be approved by the Planning Commission and include:
 Residential only projects with five (5) or more dwelling units.  Mixed-use development that have five (5) or more dwelling units or include a nonresidential floor area of 3,001 square feet or greater regardless of the number of dwelling units.
 Any nonresidential project that is not exempt or qualify for a Minor Precise Development Plan

13.Chapter 17.76 (Variances) - While already allowed, variance requirements would be moved to Chapter 17.76. This chapter establishes the process, procedures, and findings required to act on these applications.

14.Chapter 17.78 (Coastal Clearance) – Coastal clearances are a new requirement in the zoning ordinance. They would be required for developments in the Coastal Zone. They are intended to ensure that any changes made by the Coastal Commission still comply with the City’s codes.

15.Chapter 17.80 (Development Agreements) – The provisions are already included in the zoning ordinance but would be moved to Chapter 17.80. This chapter establishes the process, procedures, and findings required to act on these applications.

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16.Chapter 17.82 (Specific Plans) – Chapter 17.38 of the HBMC currently contains all of the specific plans within the City, there is no formal method to amend or approve new specific plans other than what is contained in State law. Chapter

17.82 would complement the Specific Plans listed in Chapter 17.38 by establishing local processes, procedures, and findings to adopt a new specific plan or amend any of the existing specific plans. The Planning Commission would provide a recommendation to the City Council, who would make the final decision.

17.Chapter 17.84 (Zoning Amendments) – Chapter 17.84 establishes the formal process to amend the zoning ordinance. The Planning Commission would provide a recommendation to the City Council, who would make the final decision.

18.Chapter 17.86 (General Plan Amendment) – Chapter 17.86 establishes the formal process to amend the City’s general plan. The Planning Commission would provide a recommendation to the City Council, who would make the final decision.

Next Steps
Once administrative procedures are adopted, staff will prepare user-friendly graphic guides to accompany the municipal code and update the application forms. In addition, staff will be bringing forward fee schedule adjustments to align with new processes. Work on the comprehensive zoning code update will continue with updates to the commercial zones, including permitted uses, development standards, definitions, and parking. A variety of opportunities for public engagement will continue throughout the process.

Environmental Analysis:

The proposed zone text amendment is a project that is subject to the California Environmental Quality Act (CEQA) and qualifies for an exemption from CEQA pursuant to Section 15061(b)(3) (Common Sense Exemption) of the State CEQA Guidelines (Chapter 3 of Division 6 of Title 14 of the California Code of Regulations). The activity is covered by the Commonsense Exemption, which states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. There is no possibility that the proposed changes to the administrative procedures within the zoning code may have a significant effect on the environment; therefore, the activity is not subject to CEQA. No special circumstances exist that the proposed change would create a significant adverse effect on the environment (i.e. no sensitive species or habitats, no hazardous sites, no scenic highways, no historic resources, etc.).

Public Notification:

On April 30, 2026, a public notice regarding the May 26, 2026, City Council meeting was published in the Easy Reader and posted at City Hall, the Library, and the Community Center.

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Attachments:

1. City Council Ordinance (with Exhibits A-R)

2. Zoning Code Assessment

3. Redlined and Annotated Draft Ordinance Exhibits
Respectfully Submitted by: Alexis Oropeza, Planning Manager Concur: Alison Becker, AICP, Community Development Director Noted for Fiscal Impact: Henry Chao, Finance Manager
Legal Review: Jason Baltimore, Interim City Attorney
Approved: Steve Napolitano, City Manager

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CITY OF HERMOSA BEACH
ORDINANCE NO. ORD-26-XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,

CALIFORNIA REPEALING, REPLACING, RENAMING, AND AMENDING PORTIONS OF TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO

ADMINISTRATIVE PROCEDURES, ZONING REVIEW AUTHORITIES, AND RELATED

LAND USE ENTITLEMENT PROCEDURES AS PART OF THE COMPREHENSIVE ZONING CODE UPDATE; AND DETERMINE THAT THE PROJECT IS EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City Council adopted the City of Hermosa Beach (“City”) General Plan entitled “PLAN Hermosa” on August 22, 2017; and WHEREAS, the City initiated the Comprehensive Zoning Code Update in March 2020 to ensure consistency between Title 17 of the Hermosa Beach Municipal Code (“Title 17”) and PLAN Hermosa; and
WHEREAS, the City conducted study session and discussion meetings with the Planning Commission and Economic Development stakeholders (on March 4, 2020; May 19, 2020; February 17, 2021; March 1, 2021; March 3, 2021; February 2, 2022; April 6, 2022; June 7, 2022; August 8, 2022; September 22, 2022; October 3,2022; November 2, 2022; March 19, 2024; and April 16, 2024; and WHEREAS, a portion of the recommended zoning changes identified in the Zoning and Subdivision Ordinance Assessment were included in Zoning Text Amendment TA23-02, approved as a part of the Housing Element related zoning changes in Ordinance 23-1471 dated November 14, 2023; and WHEREAS, the Planning Commission held a duly noticed public hearing on May 21, 2024, to consider amending Title 17, and recommended approval of the amendments; and
WHEREAS, the City Council desires to modernize and consolidate administrative procedures and land use entitlement provisions within Title 17.

THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The above recitals are true and correct, and are incorporated herein by this reference.

SECTION 2. Repeal and Replace. The provisions of Title 17 identified in this Ordinance are hereby repealed, replaced, renumbered, amended, and

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consolidated as set forth in the attached exhibits.

SECTION 3. Findings. The City Council finds that the amendments adopted by this Ordinance are consistent with PLAN Hermosa, and necessary to modernize administrative procedures and zoning implementation provisions.

SECTION 4. Repeal of Specific Chapters and Sections. The City Council hereby repeals the following Chapters and Sections of Title 17:
a. Section 17.26.040 – Similar Use Permitted
b. Section 17.42.120 – Housing accessibility – Reasonable accommodation for disability
c. Chapter 17.54 – Variances
d. Chapter 17.55 – Administrative Permits
e. Chapter 17.56 – Conditional Use Permits
f. Chapter 17.58 – Precise Development Plans
g. Chapter 17.64 – Development Agreements
SECTION 5. Adoption of Amendments. The City Council hereby amends Title 17 and adopts the following exhibits, all of which are attached hereto and incorporated herein by reference:
a. Exhibit A. Chapter 17.01 – Introductory Provisions
b. Exhibit B. Chapter 17.02 – Zoning Review Authorities c. Exhibit C. Chapter 17.03 – Administrative Procedures d. Exhibit D. Section 17.04.040 – Definitions
e. Exhibit E. Chapter 17.60 – Zoning Clearance
f. Exhibit F. Chapter 17.62 – Administrative Permit
g. Exhibit G. Chapter 17. 66 – Minor Exception
h. Exhibit H. Chapter 17. 68 – Minor Use Permit
i. Exhibit I. Chapter 17. 70 – Conditional Use Permit
j. Exhibit J. Chapter 17. 72 – Parking Plan
k. Exhibit K. Chapter 17. 74 – Precise Development Plan l. Exhibit L. Chapter 17. 76 – Variances
m. Exhibit M. Chapter 17. 78 – Coastal Clearance
n. Exhibit N. Chapter 17. 80 – Development Agreements
o. Exhibit O. Chapter 17. 82 – Specific Plans
p. Exhibit P. Chapter 17. 84 – Zoning Amendments
q. Exhibit Q. Chapter 17. 86 – General Plan Amendments
SECTION 6. California Environmental Quality Act (“CEQA”). The City Council finds that this Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) because the amendments relate to administrative procedures and do not authorize additional development or intensification of land use.

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SECTION 7. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications; and, to this end, the provisions of this Ordinance are severable.

SECTION 8. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the Ordinance’s passage and adoption, cause it to be published or posted in accordance with California law.

SECTION 9. Effective Date. This Ordinance shall take effect thirty (30) days following adoption by the City Council.

PASSED, APPROVED, and ADOPTED on this 26th day of May 2026.

Mayor Mike Detoy
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:
_____________________________ ________________________________ Martha Alvarez Jason Baltimore
City Clerk Interim City Attorney

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EXHIBIT A
CHAPTER 17.01 – INTRODUCTORY PROVISIONS
Chapter 17.01 (Introductory Provisions) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows:

Chapter 17.01 Introductory Provisions

17.01.010 Title
Title 17 of the Hermosa Beach Municipal Code shall be known and cited as the “Hermosa Beach Zoning Ordinance”, “Zoning Ordinance of the City of Hermosa Beach”, or “Zoning Ordinance.”

17.01.020 Purpose
The purpose of the Zoning Ordinance is to implement the City’s General Plan and to protect and promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare. More specifically, the Zoning Ordinance is adopted to achieve the following objectives:

A. Provide standards for the orderly growth and development of the City, and guide and control the use of land to provide a safe, harmonious, attractive, and sustainable community.

B. Achieve the arrangement of land uses depicted in the Hermosa Beach General Plan, consistent with the goals and policies of the General Plan.

C. Enhance the appearance of the City and promote high-quality design.

D. Preserve and enhance the quality of life and character of residential neighborhoods.

E. Promote economic growth and the creation of jobs.

F. Facilitate the appropriate location of community facilities, institutions, transportation, and parks and recreational areas.

G. Allow for public participation in government decision-making regarding land use and development in a manner consistent with State law.

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H. Define duties and powers of administrative bodies and officers responsible for implementation of the Zoning Ordinance.

17.01.030 Authority
The Hermosa Beach Zoning Ordinance is adopted pursuant to the authority contained in Section 65850 of the California Government Code.

17.01.040 Relationship to the General Plan
This Zoning Ordinance implements the goals and policies of PLAN Hermosa, the city’s adopted Hermosa Beach General Plan, and Coastal Land Use Plan, by regulating the use of land and structures within the City. Any permit, license, or approval issued pursuant to this Zoning Ordinance must be consistent with the General Plan and all applicable specific plans.

17.01.050 Applicability
A. Applicability to Property. This Zoning Ordinance shall apply, to the extent permitted by law, to all property within the corporate limits of the City of Hermosa Beach and to property for which applications for development and/or subdivisions have been submitted to the City of Hermosa Beach, including all uses, structures, and land owned by any private person, firm, corporation or organization, or the City of Hermosa Beach or other local, State, or Federal agencies. Any governmental agency shall be exempt from the provisions of this Zoning Ordinance only to the extent that such property may not be lawfully regulated by the City.

B. Minimum Requirements. The provisions of this Zoning Ordinance shall be deemed the minimum requirements for the promotion of the public health, safety, and general welfare. Where this Zoning Ordinance provides for more discretion on the part of a City official or body, that discretion may be exercised to impose more stringent requirements than set forth in this Zoning Ordinance as may be necessary to promote orderly land use development and the purposes of this Zoning Ordinance. Nothing in this section shall be construed to require or allow a City official or body to exercise its discretion in a manner that would be contrary to state or Federal law.

C. Compliance with Regulations. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished, or moved in any zone, except in accordance with the provisions of this Zoning Ordinance,

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including the development and performance standards herein, and any permit issued pursuant hereto. The temporary or transitory nature of a use does not exempt it from this requirement.

D. Conflicting Regulations. The regulations of this Zoning Ordinance and requirements or conditions imposed pursuant to this Zoning Ordinance shall not supersede any other regulations or requirements adopted or imposed by the Hermosa Beach City Council, the State of California, or any Federal agency that has jurisdiction by law over uses and development authorized by this Zoning Ordinance. All uses and development authorized by this Zoning Ordinance shall comply with all other such regulations and requirements.

E. Private Agreements. This Zoning Ordinance shall not interfere with or annul any recorded easement, covenant, or other agreement now in effect, provided that where any recorded easement, covenant, or other agreement now in effect, is in conflict with state or federal law, or this Zoning Ordinance imposes a greater restriction than imposed by an easement, covenant, or agreement, this Zoning Ordinance shall control.

The City of Hermosa Beach shall not be responsible for monitoring or enforcing private agreements.

F. Prior Ordinance. The provisions of this Zoning Ordinance supersede all prior ordinances codified in Title 17 of the Hermosa Beach Municipal Code and any amendments. No provisions of this Zoning Ordinance shall validate any land use or structure established, constructed, or maintained in violation of the prior Zoning Ordinance, unless such land use or structure is specifically authorized by this Zoning Ordinance and is in conformance with all other regulations.

G. Effect on Previously Approved Projects and Projects in Progress.

1. Building Permit. Any building or structure for which a Building Permit has been issued may be completed and used in accordance with the plans, specifications, and permits on which said Building Permit was granted, provided construction is diligently pursued and completed pursuant to the provisions of the California Building Code, as adopted by the City of Hermosa Beach.

2. Previously Approved Land Use Authorization. This Zoning Ordinance shall not interfere with, repeal, abrogate, or annul any previously granted land use authorization, unless otherwise specified in this Title.

Any land use or structure, which was previously legally established,

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and has been deemed nonconforming as a result of adoption of this Zoning Ordinance, shall be subject to Chapter 17.52 (Nonconforming Buildings and Uses). All permits, entitlements, and conditions of approval of previous land use authorizations shall apply until the applicable review authority specifically repeals the allowance, requirement of this Title, or condition.

3. Land Use Authorization in Process. An application for a discretionary land use authorization that has been accepted by the Community Development Department as complete for processing prior to the adoption of this Zoning Ordinance or any applicable amendment shall be processed according to the requirements of this Zoning Ordinance or the prior Zoning Ordinance upon written request from the project applicant. The written request shall be made no later than 30 days after the effective date of this Zoning Ordinance and at least one action must be taken by the review authority within 210 days of the effective date of this Zoning Ordinance.

H. Application During Local Emergency. The City Council may authorize a deviation from a provision of this Zoning Ordinance during a local emergency declared and ratified under the Hermosa Beach Municipal Code. The City Council may authorize a deviation by resolution without notice or public hearing.

17.01.060 Responsibility for Administration
The Zoning Ordinance shall be administered by the Hermosa Beach City Council, Planning Commission, and Community Development Department as established in Chapter 17.02, Zoning Review Authorities.

17.01.070 Permissive Ordinance
This title shall be considered a permissive ordinance, whereby only those uses, structures, or facilities that are authorized hereby are allowed, except as provided through an administrative determination, an administrative use permit, or other discretionary action.

17.01.080 Severability
If any section, subsection, paragraph, sentence, clause, or phrase of this Zoning Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity

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of the remaining portions of this Zoning Ordinance. The Hermosa Beach City Council hereby declares that it would have passed this Zoning Ordinance, and each section, subsection, sentence, clause, and phrase thereof, regardless of the fact that any or one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

17.01.090 Fees
The City Council shall establish by resolution, and may amend and revise from time to time, fees for processing the discretionary entitlement applications and other permits authorized or required by this Zoning Ordinance, as well as the necessary fees to mitigate impacts, as allowed by State law. All fees shall be paid at the time an application is filed, and no processing shall commence until the fees are paid in full.

17.01.100 Penalty
A. Violations of zoning regulations. Violations of the provisions of this title shall be subject to the administrative penalty provisions of Chapter 1.10.

B. Each day a separate offense. Each person, firm or corporation found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this title is committed, continued or permitted by such person, firm or corporation, and any use, occupation or building or structure maintained contrary to the provisions hereof shall constitute a public nuisance.

C. Violation of conditions of conditional use permits and precise development plans. No person shall violate any conditions of a conditional use permit or precise development plan. Such violations shall be subject to the administrative penalty provisions of Chapter 1.10 in addition to the measures set out in Section 17.03.110 (Revocation of Permits).

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EXHIBIT B
CHAPTER 17.02 – ZONING REVIEW AUTHORITES
Chapter 17.02 (Declaration of Purpose) of the Hermosa Beach Municipal Code shall be deleted in its entirety and new Chapter 17.02 (Zoning Review Authorities) is added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows:

Chapter 17.02 Zoning Review Authorities

17.02.010 Purpose
This Chapter lays out the basic roles, responsibilities, and functions of all planning authorities under this Title, including the City Council, Planning Commission, and Community Development Director (Director).

17.02.020 City Council
The powers and responsibilities of the City Council include, but are not limited to the following:

A. Consider and adopt, deny, or modify proposed General Plan Amendments, Local Coastal Program, Specific Plans, and environmental documents related to any of the foregoing, pursuant to Chapter 17.17 (General Plan Amendments).

B. Consider and adopt, deny or modify proposed amendments to the Zoning Ordinance and Zoning Map and environmental documents related to any of the foregoing, pursuant to Chapter 17.16 (Zoning Amendments).

C. Consider and adopt, deny, or modify Development Agreements, following a public hearing and recommended action by the Planning Commission, pursuant to Chapter 17.14 (Development Agreements).

D. Hear and decide appeals from decisions of the Planning Commission pursuant to Section 17.03.120 (Appeals and Calls for Review).

E. Establish, by resolution, a Master Fee Schedule charges, and deposits for various applications and services provided, pursuant to Chapter 2.64 (Fees and Service Charges).

17.02.030 Planning Commission

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The powers and responsibilities of the Planning Commission include, but are not limited to the following:

A. Annually review of progress towards implementation of the General Plan and make recommendations to the City Council based on any new legislation, development trends, or changing economic, social, and environmental conditions.

B. Approve, modify, or deny Precise Development Plans, Conditional Use Permits, Variances, Certificates of Appropriateness, and other entitlements as outlined in Section 17.02.050 (Review Authorities for Decisions and Appeals).

C. Make recommendations to the City Council on Development Agreements.

D. Make recommendations to City Council on proposed amendments to the General Plan, Specific Plan(s), Zoning Ordinance and Zoning Map and environmental determinations related to any of the foregoing.

E. Hear and approve, modify, or deny appeals from decisions of the Community Development Director.

F. Hear and approve, modify, or deny proposals to revoke permits, pursuant to Section 17.03.110 (Revocation of Permits).

G. Make environmental determinations on any powers and responsibilities listed in this section and that are subject to environmental review under the California Environmental Quality Act, except as excluded above.

H. Such other powers and responsibilities as assigned or directed by the City Council.

17.02.040 Community Development Director
The powers and responsibilities of the Community Development Director or their designee, include, but are not limited to the following:

A. Maintain, interpret, and administer the Zoning Ordinance, including the processing of applications, abatements, interpretations, and other enforcement actions.

B. Review applications for permits and licenses for conformance with this Title and issue a Zoning Clearance when the proposed use, activity or building

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is allowed by right and conforms to all applicable development and use standards.

C. Approve, modify, or deny Permits, as authorized pursuant to Section

17.02.050 (Review Authorities for Decisions and Appeals).

D. Initiate Specific Plans and related amendments; zoning code and zoning maps Amendments; and General Plan Amendments, including amendments to the General Plan Land Use Map.

E. Refer items to the Planning Commission where, in the Director’s determination, the public interest would be better served by a Planning Commission public hearing and action.

F. Make environmental determinations on any powers and responsibilities listed in this section and that are subject to environmental review under the California Environmental Quality Act, pursuant to State law.

G. Make recommendations to the Planning Commission and City Council on all applications, appeals, and other matters upon which they have the authority and the responsibility to act under this Title.

H. Investigate and report to the Planning Commission on permit violations when the City has initiated revocation procedures, pursuant to Section TBD, Revocation of Permits.

I. Delegate administrative functions to members of the Community Development Department.

J. Other duties and powers as may be assigned by the City Manager or may be established through legislation.

17.02.050 Review Authorities for Decisions and Appeals
Summary of Review Authorities for Decisions and Appeals, summarizes the powers and duties that each review authority has under this Title. Where a project requires more than one type of application, all permit requests may be reviewed and decided on by the highest review authority established for any of the applications.

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REVIEW AUTHORITIES FOR DECISIONS AND APPEALS
Decision Type Advisory
Body
Review
Authority *
Appeal Body Public
Notification
Ministerial Action
Zoning Clearance - Staff Director No
Administrative Action
Administrative
Permit
Emergency
Shelters - Director Planning Commission No
Entertainment,
Limited Live - Director Planning Commission
No
Limited
Outdoor
Seating
-
Director Planning
Commission No
Low Barrier
Navigation
Centers
-
Director Planning
Commission1 No
Residential
Care Facility - Director Planning Commission
No
Short Term
Vacation
Rental
-
Director Planning
Commission No
Supportive
Housing (up to
50 units)
-
Director Planning
Commission1 No
Temporary Use
and
Temporary
Events
-
Director Planning
Commission No
Convex Slope Determination - Director Planning
Commission Yes
Portable A-Frame
-
Director Planning
Temporary Sign Commission No
Permit
Alternative Grade
Determination - Director Planning Commission No
Reasonable
Accommodation
Building
Official
Director Planning
Commission1 No
Minor Modification - Director N/A No
Zoning and Similar Use
Interpretation - Director Planning Commission No
Entitlement Action

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REVIEW AUTHORITIES FOR DECISIONS AND APPEALS
Decision Type Advisory
Body
Review
Authority *
Appeal Body Public
Notification
Certificate of
Appropriaten
ess
Minor Director Planning
Commission -
Yes
Major Director Planning
Commission
City Council
Conditional Use Permit - Planning
Commission
City Council Yes
Minor Use Permit - Director Planning
Commission Yes
Variance - Planning
Commission
City Council Yes
Minor Exception - Director Planning
Commission Yes
Parking Plan - Planning
Commission
City Council Yes
Amendment to Planning
Entitlement - Planning Commission
City Council Yes
Precise
Development
Plan
Minor - Director Planning
Commission Yes
Major - Planning
Commission
City Council Yes
Determination of Legality of
Nonconforming Residential
Buildings
-
Planning
Commission
City Council
Yes
Legislative Action
General Plan Amendment Planning
Commissio
n
City Council - Yes
Specific Plan Planning
Commissio
n
City Council - Yes
Zoning
Amend
ments
Zone Text
Amendment
Planning
Commissio
n
City Council - Yes
Zone Change Planning
Commissio
n
City Council - Yes
Development Agreement Planning
Commissio
n
City Council - Yes

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REVIEW AUTHORITIES FOR DECISIONS AND APPEALS
Decision Type Advisory
Body
Review
Authority *
Appeal Body Public
Notification
Historic Landmark
Nomination
Planning
Commissio
n
City Council - Yes
(1) Subject to appeal only if denied by the Director.

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EXHIBIT C
CHAPTER 17.03 – ADMINISTRATIVE PROCEDURES
Chapter 17.03 (Administrative Procedures) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows:

Chapter 17.03 Administrative Procedures

17.03.010 Purpose
This Chapter establishes uniform procedures for the preparation, filing, and processing of any land use permits and entitlement applications provided for in this Title, unless superseded by a specific requirement of this Title or State law.

17.03.020 Application Forms and Fees
A. Applicant. The owner of property or their authorized agent may submit applications for land use permits. If the application is made by someone other than the owner or the owner’s agent, proof of the right to represent the owner shall accompany the application. The Director shall prepare and issue application forms and lists that specify the information required from applicants.

B. Application Materials.

1. Application Forms and Fees. Applications for land use permits, which are authorized by this Title, shall be filed on forms prepared by the Director, which may be modified from time to time. Applications shall be accompanied by all required fees as outlined in the Master Fee Schedule.

2. Supporting Materials. The Director shall provide a list of supporting materials that shall be submitted as part of the application. This may include, but is not limited to: statements, photographs, plans, drawings, renderings, models, material samples, technical studies, and other items necessary to describe existing conditions and the proposed project and determine the level of environmental review pursuant to the California Environmental Quality Act (CEQA).

3. Availability of Materials. All submitted material becomes the property of the City, may be distributed to the public, and shall be made available for public inspection. At any time, upon reasonable request, and during normal business hours, any person may examine application materials at the Community Development Department.

Unless prohibited by law or superseded by specific permit

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confidentiality requirements, copies of application materials shall be made available. The City shall charge fees for copies in accordance with the fee resolution adopted by City Council.

C. Multiple Applications.

1. Concurrent Filing. An applicant for a project which requires more than one land use permit by this Title (e.g., Conditional Use Permit, Variance, Precise Development Plan, etc.), shall file all related applications concurrently, with all applicable fees.

2. Concurrent Processing. Multiple land use permits for the same project shall be processed concurrently and shall be reviewed and decided on by the highest review authority designated for any of the applications.

D. Application Fees.

Refund of Fees. Application fees are non-refundable regardless of the review authority's decision. Filing fees cover the costs incurred by the City for staff’s review of the application materials, preparation of required finings, notices, and postings. In the case of an application withdrawal prior to the public hearing notice, the Director, at the request of the applicant, may authorize a partial refund in accordance with department policy.

17.03.030 Review of Applications
A. Initial Completeness Review. The Director shall determine whether an application is complete within 30 days of the date the application is filed and required fee received.

1. Incomplete Application. If an application is deemed incomplete, the Director shall provide written notification to the applicant listing the applications for permit(s), forms, information, and any additional fees that are necessary to complete the application and specify a time limit for submittal of the requested information. The time limit to submit additional information shall be at least 30 days.
a. Zoning Ordinance Violations. An application shall not be found complete if conditions exist on the site in violation of this Title or any permit or other approval granted in
compliance with this Title, unless the proposed project includes the correction of the violations or, in the sole discretion of the Director, the application is deemed
complete notwithstanding the violation.

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b. Appeal of Determination. Determinations of
incompleteness are subject to the provisions of Section

17.03.120 (Appeals and Calls for Review), except there shall be a final written determination on the appeal no later than 60 days after receipt of the appeal. The fact that an appeal is permitted to both the Planning Commission and the City Council does not extend the 60-day period.
c. Expiration of Application. If an applicant fails to correct the specified deficiencies within the specific time limit pursuant to Section 17.03.090 (Effective Dates: Expiration and
Extension), the application shall expire and be deemed
withdrawn, unless an extension is granted by the Director.

After the expiration of an application, review shall require the submittal of a new, complete application, along with all required fees.

2. Complete Application. When an application is deemed complete, the Director shall make a record of that date. If an application requires a public hearing, the Director shall schedule it and notify the applicant of the date and time, pursuant to Section 17.03.050 (Public Notice).

B. Referral of Application. At the discretion of the Director, or where otherwise required by this Title, State or Federal law, any application filed in compliance with this Title may be referred to any City department, public agency, or interest group that may be affected by or have an interest in the proposed land use project.

C. Extensions. The Director may, upon written request and for good cause, grant extensions of any time limit for review of applications imposed by this Title.

17.03.040 Environmental Review
All discretionary projects shall be reviewed for compliance or exemption with the California Environmental Quality Act (CEQA). The designated planning authority for the entitlement shall be responsible for taking action on the corresponding exemption or environmental review. Environmental review will be conducted pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines). If Title 14 of the California Code is amended, such amendments will govern City procedures.

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17.03.050 Public Notice
Unless otherwise specified, whenever the provisions of this Title require public notice, the City shall provide notice as required by this section and by the California Government Code.

A. Notification Method. Public Notice shall be provided a minimum of 10 days, but no more than 45 days, prior to the public hearing or to a Director’s decision.

Permit Type
Notice
Type
Notification Method
Mailing
Radius
Websit
e
Site
Postin
g
Newspape
r
Minor Exception
Notice
of
Pending
Action
Adjacent
and
Abutting1
Properties
Yes No No
Minor Use Permit
Notice
of
Pending
Action
100’ Yes No No
Minor Precise
Development Plan
Notice
of
Pending
Action
100’ Yes Yes No
All
Other
Residential
Projects
Notice
of
Hearing
300’ Yes Yes Yes
Commerci
al Projects
Notice
of
Hearing
500’ Yes Yes Yes
General Plan or
Zoning Code Text
Amendment
Notice
of
Hearing
N/A Yes N/A
Yes
⅛ page
ad
minimum
size
General Plan or
Zoning Code Map
Amendment
Notice
of
Hearing
500’ Yes Yes Yes
(1). Shall include properties located across a street or alley.

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B. Mailed Notice. At least ten (10) days before the date of the public hearing or the date of the Director’s decision notice shall be provided by First-Class mail delivery to the following:

1. The applicant, the owner, and any occupant of the subject property;

2. The owner and occupants of all properties within the specific notification radius; and

3. Any person or group who has filed a written request for notice regarding the specific application;

4. School districts and any other local agency expected to provide essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be affected; and

5. Blind, Aged, and Disabled Communities. Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, notice procedures shall incorporate the blind, aged, and disabled communities in order to facilitate their participation.

C. Alternative Method for Large Mailings. If the number of persons to whom notice would be mailed or delivered is greater than 1,000, instead of a mailed notice, notice may be provided by providing notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the City and posted in three public locations at least 10 days prior to the hearing or the date of action when a public hearing is required.

D. Newspaper Notice. At least ten (10) days before the date of the public hearing or the date of action when no public hearing is required, the City shall publish a notice in at least one newspaper of general circulation in the City.

E. Internet Notice. At least ten (10) days before the date of the public hearing or the date of the Director’s decision the notice shall be published on the City’s website.

F. Site Posting. At least ten (10) days before the date of the public hearing a minimum of one public notice shall be posted on the project site in a conspicuous place along the property frontage abutting the public-rightof way.

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G. Amendments. Notwithstanding any other time limit set forth in this Chapter, any amendment or ordinance that affects the permitted use of real property, notice shall be published, posted, mailed, and delivered, or advertised, as applicable, at least 20 days before the hearing.

H. Additional Notice. The Director may require additional notice in a manner the Director deems appropriate.

I. Content of Public Notice. The notice, at a minimum, shall include the following information:

1. The location of the real property that is the subject of the application;

2. Name of property owner(s), representative(s), and applicant.

3. A general description of the proposed project or action;

4. The City’s assigned file numbers to the application.

5. A statement indicating if the project is located within the Coastal Zone.

6. The date, time, location, review authority, and purpose of the public hearing or the date of action when no public hearing is required;

7. A statement indicating the level of environmental review that is applicable to the project and the location and times any environmental impact assessment prepared in connection with the application may be viewed by the public;

8. A statement that any interested person or authorized agent may appear and be heard;

9. A statement describing how to submit written comments; and

10. For matters which the Planning Commission makes a
recommendation to the City Council, or when the Planning Commission’s decision is appealed to the City Council, the notice shall also include a summary of the Planning Commission’s action.

The omission of a component of the public notice content shall not automatically invalidate a public notice.

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J. Failure to Receive Mailed Notice. The validity of the proceedings shall not be affected by the failure of any property owner, resident, or community organization to receive mailed notice.

17.03.060 Conduct of Public Hearings
Whenever the provisions of this Title require a public hearing, the hearing shall be conducted in compliance with the requirements of State law as follows.

A. Generally. Hearings shall be conducted pursuant to procedures adopted by the hearing body.

B. Scheduling. Hearings before the City Council shall be scheduled by the City Clerk. All other hearings shall be scheduled by the Director .

C. Public Hearing Testimony. Any person may appear at a public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization.

D. Time Limits. The City Council may establish time limits for individual testimony.

E. Continuance of Public Hearing. The body conducting the public hearing may by motion continue the public hearing to a fixed date, time and place without additional hearing notice or may continue the item to an undetermined date with public notice of the continued hearing.

F. Decision. The public hearing shall be closed before a vote is taken.

17.03.070 Findings and Notice of Action
When deciding to approve, approve with conditions, modify, revoke, or deny any discretionary permit under this Title, the review authority shall issue a Notice of Action and make findings of fact as required by this Title.

A. Findings. Findings, when required by State law or this Title, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or notice of action on the permit.

B. Date of Action. The review authority shall decide to approve, modify, revoke, or deny any discretionary permit following the closure of the public

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hearing, or if no public hearing is required, within 30 days of the date the City has determined an application to be complete.

C. Notice of Action. Upon approving, modifying, or denying a land use permit by the review authority, a notice of action shall be issued. The Notice shall describe the action taken, including any applicable conditions, the findings that were the basis for the decisions, and if the decision is subject to appeal.

1. Director’s Action. The Director shall mail the Notice to the applicant and to any other person or entity that has filed a written request for such notification with the Community Development Department within the five days of the decision being made.

2. Planning Commission Action. The Director shall mail a Notice of Action to the applicant and to any other person or entity that has filed a written request for such notification with the Community Development Department within five days of the Planning Commission action. Additionally, the City Council shall receive notification pursuant to Section 2.52.040 City Council Review of Decisions of the Planning Commission the.

3. . City Council Action. Within five days of City Council action, the City Clerk shall mail a Notice of Action to the applicant and to any other person or entity that has filed a written request for such notification with the Community Development Department.

17.03.080 Scope of Approval
A. Scope. The scope of approvals includes only those uses and activities proposed in the application.

B. Conditions. The site plan, floor plans, building elevations, and/or any additional information or representation indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process shall be deemed conditions of approval. Any approval may be subject to requirements that the applicant guarantees, warranties, or ensures compliance with submitted plans and conditions in all respects.

C. Actions Voiding Approval. If the construction of a building or structure or the use established is contrary to the description or illustration in the application, to either violate any provision of this Title or require additional permits, then the approval shall be subject to the revocation as set forth in

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Section 17.03.110 Revocation of Permits.

D. Periodic Review. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring, or assessments, it shall be the responsibility of the permit holder, the property owner, or successor property owners to comply with such conditions.

17.03.090 Effective Dates: Expiration and Extension
A. Effective Dates. A decision shall be effective on the date of action except as provided below. No building permit or business license shall be issued until after the effective date.

1. City Council Decisions. All City Council actions shall become effective immediately, with the exception of Amendments to the Zoning Ordinance or Zoning Map, and any new or amended Specific Plan, which . shall take effect 30 days after the second reading of the ordinance, unless adopted by urgency in accordance with applicable law.

2. Planning Commission Decisions. All Planning Commission actions shall become effective 15 days after the decision unless :
a. City Council initiates review pursuant to Section 2.52.040, City Council Review of Decisions of the Planning Commission, of this code.
b. After the expiration of the 15-day appeal period following the date of action, unless an appeal is filed pursuant to Section

17.03.120.

3. Director Decisions. A Director’s decision on an application for any approval subject to appeal shall become effective after the expiration of the 15-day appeal period following the date of action, unless an appeal is filed pursuant to Section 17.03.120.

B. Expiration. The review authority, in the granting of any permit, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed use or development must be undertaken and actively and continuously pursued.

If no time period is specified, any permit granted under this Title shall

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automatically expire when no project or use has been exercised or extended within two years after the date of the approval, except as provided below.

1. Extension for Permit Where a Coastal Development Permit is Required. The time limits for any permit for development that also requires a Coastal Development Permit shall be automatically extended to be the same as the term of such Coastal Development Permit.

2. Extension for Permit Granted in Conjunction with Tentative Map. The time limits for any permit granted in conjunction with an approved tentative map shall be automatically extended to be the same as the term of such tentative map.

3. Extensions for Permits Associated with Development Agreements.

The time limits for any permit granted in conjunction with a Development Agreement shall be extended to the same as the term of such Development Agreement.

4. Other Extensions. The Director may approve a one-year extension of any permit or approval granted under this Title upon receipt of a written application with the required fee at least 30 days prior to the expiration date.

C. Exercise of Permit. An approval or permit for the use of a building or property shall be considered exercised when any of the following occurs:

1. A valid City business license has been issued, and the permitted use has commenced on the site.

2. A valid City building permit is issued, and construction has commenced and is diligently pursued to completion.

17.03.100 Minor Modifications and Amendments
No revision in the use or structure for which a permit or other approval has been issued is permitted unless the permit is revised as follows:

A. Minor Modifications. The Community Development Director may approve minor revisions to approved plans and permits, excluding late-night establishments and outdoor uses, when it can be found that the modification is consistent with the original application findings,

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environmental analysis, and conditions approved by the original Review Authority. The modifications may not substantially expand or intensify the use or approved floor area by a cumulative amount greater than ten percent or 1,500 square feet, whichever is less.

B. Amendment. Any revision, modification, or amendment to a permit, which does not meet the qualifications for a Minor Modification set forth in subsection A, for a use or structure may be modified by the original approval authority for said use or structure. The manner in which the revision, modification, or amendment shall be considered shall be the same in which a new permit for a use or structure would be considered.

17.03.110 Revocation of Permits
Any permit granted under this Title may be revoked or revised for cause if any of the conditions or terms of the permit are violated or if any law or ordinance is violated.

A. Initiation of Proceeding. Revocation proceedings may be initiated by the City Council, Planning Commission, or Director.

B. Public Notice, Hearings, and Action. After conducting a duly-noticed public hearing, the Planning Commission shall act on the proposed revocation, pursuant to Chapter 17.03.050.

C. Required Findings. The Planning Commission may revoke or modify the permit if it makes any of the following findings:

1. That the approval was obtained by fraud or material
misrepresentation that vitiates one of the required findings of the permit;

2. That the use or activity for which such approval was granted has permanently ceased to exist as evidenced by demolition, alteration, subsequent use of the space, or similar conditions;

3. That the use or activity for which such approval was granted has been suspended or dormant for longer than 12 consecutive months, as demonstrated by any form of evidence or documentation.

4. That the permit or variance granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation;

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5. That the use for which the approval was granted was or is so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance;

6. That the circumstances under which the permit was granted have been changed by the owner or operator to such a degree that one or more of the findings contained in the permit is no longer valid and the public health, safety, and welfare merit revocation of the permit; or

7. That the conditions of approval are found to be inadequate to mitigate the impacts of the use allowed by the permit, and the public health, safety and welfare merit modification of the permit.

B. Notice of Action. Following Planning Commission action to revoke or modify a permit, the Director shall issue a Notice of Action within five business days.

The Notice shall describe the Commission’s action with its findings. The Director shall mail notice to the permit holder and to any person or entity who requested the revocation proceeding.

17.03.120 Appeals and Calls for Review
A. City Council Calls for Review. Two members of the City Council may initiate review of any actions of the Planning Commission pursuant to Section

2.52.040 of this Code.

B. Appeals.

1. Applicability. Any action by the Director or Planning Commission in the administration or enforcement of the provisions of this Title may be appealed in accordance with this Section.
a. Appeals of Director Decisions. Decisions of the Director may be appealed to the Planning Commission by filing a written appeal with the Community Development Department. The
Planning Commission’s decision is final and may not be
appealed to City Council.
b. Appeals of Planning Commission Decisions. Decisions of the Planning Commission may be appealed to the City Council by filing a written appeal with the City Clerk. The City Council’s decision is final.

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2. Rights of Appeal. Appeals may be filed by the applicant, by the owner of property, or by any other person aggrieved by a decision that is subject to appeal under the provisions of this Ordinance.

3. Time Limits. Unless otherwise specified in State or Federal law, an aggrieved member of the public, including the applicant, may file an appeal in writing fifteen (15) calendar days following the date which the action was taken. However, the City Council may call up a Planning Commission decision within the 15-day period in accordance with Section 2.52.040. In the event an appeal period ends on a day the City is closed, the appeal period shall end at the close of business on the next consecutive business day.

4. Procedures.
a. Filing. The appeal shall identify the decision being appealed and shall clearly and concisely state the reasons for the appeal. The appeal shall be accompanied by the required fee.
b. Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of City building permits and business licenses.
c. Transmission of Record. The Director, or in the case of appeals to the City Council, City Clerk, shall schedule the appeal for consideration by the authorized hearing body. The Director shall forward the appeal, the Notice of Action, and all other documents that constitute the record to the hearing body.

The Director shall also prepare a staff report that responds to the issues raised by the appeal and may include a
recommendation for action.

5. Standards of Review. When reviewing any decision on appeal, the appeal body shall use the same standards for decision-making required for the original decision. The appeal body may revise or adopt the same decision and findings as were originally approved; it also may request or require changes to the application as a condition of approval.

6. Public Notice and Hearing. Public notice shall be provided, and the

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hearing conducted by the applicable appeal body pursuant to Section 17.03.050. Notice of the hearing shall also be given to the applicant and party filing the appeal and any other interested person who has filed with the City Clerk a written request for such notice.

7. Action. An action to grant an appeal shall require a majority vote of the hearing body members. A tie vote shall have the effect of rejecting the appeal.

17.03.130 Zoning Determination and Similar Use Determinations Requests for determinations of this Title and verifications relating to prior approvals or permits may be made to the Director. Requests shall be in writing.

A. Zoning Determination. A request for an interpretation of the Zoning Ordinance may be made for provisions that are unclear.

1. Community Development Director Interpretations:
a. Director’s Administrative Zoning Determination. As part of the director’s administrative authority, the Director my initiate a code interpretation whenever necessary to clarify a
conflicting provision or procedure of the code.
b. Director’s Formal Zoning Determination. The Director may respond to formal inquiries regarding code provisions. The interpretation shall be in writing and will be made available by the Community Development Department pursuant to
this section. Formal Director’s Interpretations are binding and may be appealed pursuant to Chapter 17.03.050. A fee for a formal interpretation shall be assessed in accordance with City’s Fee Schedule.

2. Procedures. The Community Development Director shall file a formal Zoning Determination with the Planning Commission within 60-days of the determination. Following the acceptance of the determination the Community Development Director shall:
a. Publish the determination to the City’s website; and b. Update the Zone Code to reflect the determination within a reasonable timeframe.

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B. Similar Use Determination. A request for a Similar Use Determination may be made for a use not listed in the Zone.

1. Findings. The Community Development Director may find a use that is not listed in the zone is allowed provided the following findings can affirmatively be made:
a. The characteristics of, and activities associated with, the proposed use are not more intense than those uses listed in the zoning district as allowable, and will not involve a greater level of activity, population density, intensity, traffic generation, parking, dust, odor, noise, or similar impacts than comparable uses in the zone;
b. The proposed use will meet the purpose of the zone that is applied to the location of the use;
c. The proposed use will be consistent with the goals, objectives, and policies of the General Plan, or any applicable Specific Plan; and
d. The proposed use is not specifically prohibited.

2. Procedures. The Community Development Director shall file the use determination findings with the Planning Commission within 60-days of the determination. Following the acceptance of the
determination the Community Development Director shall:
a. Publish the determination to the city’s website; and b. Update the Zone Code to reflect the determination within a reasonable timeframe.

17.03.140 Reasonable Accommodation for Disability
A. Purpose and Applicability. In compliance with Federal and State fair housing laws, it is the purpose of this section to provide reasonable accommodations in the City’s zoning and land use regulations, policies, and practices when needed to provide an individual with any disability an equal opportunity to use and enjoy a dwelling.

B. Notice to the Public of Availability of Accommodation Process. The City shall prominently display in the public areas of the Community

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Development Department at City Hall a notice advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this section. City employees shall direct individuals to the display whenever they are requested to do so or reasonably believe that individuals with disabilities or their representatives may be entitled to a reasonable accommodation.

C. Application Submittal. Any person with a disability may request a reasonable accommodation on a form supplied by the Community Development Department.:

1. Timing. A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing.

2. Obligations. A reasonable accommodation does not affect or negate an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation.

3. Assistance. If an individual needs assistance in making the request for reasonable accommodation, the City shall provide assistance to ensure that the process is accessible.

4. Concurrent Filing. Should the request for reasonable accommodation be made concurrently with a discretionary permit, then the fee for a reasonable accommodation application may be waived provided that the prescribed fee shall be paid for all other discretionary permits.

D. Reviewing Authority. Applications for reasonable accommodation shall be reviewed by the Community Development Director or their designee.

E. Findings. The reviewing authority shall approve the request for a reasonable accommodation if, based upon all of the evidence presented, the following findings can be made:

1. The housing, which is the subject of the request for reasonable accommodation, will be occupied by an individual with disabilities protected under Fair Housing Laws;

2. The requested accommodation is reasonable and necessary to make housing available to an individual with disabilities protected under the Fair Housing Laws;

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3. The requested accommodation will not impose an undue financial or administrative burden on the City, as defined in the Fair Housing Laws and interpretive case law; and

4. The requested accommodation will not require a fundamental alteration in the nature of the City’s zoning or building laws, policies and/or procedures, as defined in the Fair Housing Laws and interpretive case law. The City may consider, but is not limited to, the following factors in determining whether the requested
accommodation would require a fundamental alteration in the nature of the City’s zoning or building program:
a. Whether the requested accommodation would introduce
uses not otherwise permitted in the neighborhood; and
b. Whether granting the requested accommodation would
substantially undermine any express purpose of either the City’s General Plan or an applicable Specific Plan.

F. Decision.

1. The review authority shall consider an application and issue a written determination within forty (40) calendar days of the date of receipt of a completed application.

2. If necessary to reach a determination on any request for reasonable accommodation, the review authority may request further information from the applicant consistent with this section, specifying in detail what information is required. In the event a request for further information is made, the applicable time period to issue a written determination shall be stayed until the applicant reasonably responds to the request.

3. The review authority’s written decision shall set forth the findings, any conditions of approval, notice of the right to appeal, and the right to request reasonable accommodation on the appeals process, if necessary. The decision shall be mailed to the applicant.

4. The reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this section.

5. In making the approval findings in subsection (D) of this section, the

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review authority may approve alternative reasonable
accommodations that provide an equivalent level of benefit to the applicant.

6. The written decision of the reviewing authority shall be final unless appealed in the manner set forth below.

7. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

8. Where the improvements or modifications approved through a reasonable accommodation would generally require a variance, a variance shall not be required.

9. The applicant may request additional time beyond that provided for in this section or may request a continuance regarding any decision or consideration by the City of a pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the City, shall not constitute failure by the City to provide for prompt decisions on applications and shall not be a violation of any required time period set forth in this section.

G. Appeals. An appeal of the Director’s decision may only be filed by the applicant of the reasonable accommodation request. Appeals shall be processed pursuant to 17.03.120 (Appeals and Calls for Review).

H. Expiration, Extensions, and Revocations.

1. Expiration and Extensions. Approved reasonable accommodations may expire or be extended pursuant to 17.03.090 (Effective Dates:

Expiration and Extension).

2. Revocation. Reasonable accommodations that have been previously approved, may be revoked pursuant to Section 17.03.110 (Revocation of Permits).

3. Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be processed pursuant to Section

17.03.100 (Minor Modifications and Amendments).

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EXHIBIT D
CHAPTER 17.04 – DEFINITIONS
Section 17.04.040 (General definitions) of Chapter 17.04 (Definitions) of Title 17 (zoning) is hereby amended to include the following definitions in alphabetical order. Unless modified herein, all other definitions shall remain as currently written.

Section 17.04.040 – General Definitions
Aggrieved Person means any person who, in person or through a representative, appeared at a public hearing or responded to a public notice, in connection with a city decision or action, or who, by other appropriate means before a hearing, decision or action by the review authority made their concern known or who for good cause was unable to do either.

Building Official means the Building Official of the City of Hermosa Beach.

Director means the same as “Director of community development”.

Ministerial Review means an action process that requires a review of objective criteria established in the code and requires no personal judgment.

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EXHIBIT E
CHAPTER 17.60 – ZONING CLEARANCE
Chapter 17.60 (Determination of Legality of Nonconforming Residential Buildings) is hereby deleted in its entirety and new Chapter 17.60 (Zoning Clearance) is added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows:

Chapter 17.60 Zoning Clearance

17.60.010 Purpose.

The purpose of a Zoning Clearance is to ensure that a proposed use, structure, or matter requiring ministerial review complies with the standards, limitations, and other applicable regulations of the Title.

17.60.020 Applicability
A Zoning Clearance is required for any proposed construction or the establishment of a use requiring a ministerial review as specified in this Title.

17.60.030 Review Authority
The Community Development Department may grant a Zoning Clearance when required by this Title.

17.60.040 Procedures.

A. Application. Applications for Zoning Clearance shall be filed with the Community Development Department on application forms prescribed by the Director. Zoning clearance applications for proposed uses or structures may be processed independent of or concurrently with other applications as determined by the Community Development Director.

B. Processing. Applications for Zoning Clearances shall be processed in a timely manner with a decision rendered no more than 15-days from receipt of a complete application.

1. Notwithstanding above, permits for accessory dwelling units and/or junior accessory dwelling units shall be decided within 60-day days of receipt of a complete application and subject to the provisions outlined in Chapter 17.21.

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C. Report of Decision and Findings. Action by the Director shall be made pursuant to Section 17.03.070 (Findings and Notice of Action).

17.60.050 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Ministerial or non-discretionary Zoning Clearances are not eligible for appeal, except where required by State law and in such case shall be processed pursuant to Section 17.03.120 (Appeals and Calls for Review).

B. Expiration and Extension. An approved Zoning Clearance may expire or be extended pursuant to Section 17.03.090 (Effective Dates: Expiration and Extension).

C. Revocation and Expiration. Revocation and Expiration of any Zoning Clearance shall be processed pursuant to Section 17.03.110 (Revocation of Permits).

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EXHIBIT F
CHAPTER 17.62 – ADMINISTRATIVE PERMITS
Chapter 17.62 (Planning Commission Authority – Building Code) is hereby deleted in its entirety and new Chapter 17.62 (Administrative Permit) is added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows:

Chapter 17.62 Administrative Permit

17.62.010 Purpose
The purpose of an Administrative Permit is to ensure that a proposed use or matter for which an Administrative Permit is required complies with the standards, limitations and other regulations applicable to the subject use or matter.

17.62.020 Applicability
Approval of an Administrative Permit is required for uses or developments specifically identified in any section of this Title.

17.62.030 Review Authority
The Community Development Director of their designee may grant Administrative Permits for all such uses and matters required by this Title to be reviewed and allowed only upon the granting of an Administrative Permit.

17.62.040 Procedures
A. Application Filing. Applications for Administrative Permits shall be filed with the Community Development Department on the prescribed application forms pursuant to Section 17.03.020 (Application Forms and Fees) and Section 17.03.0.30 (Review of Applications). The application for an administrative application shall include data or evidence supporting the required findings.

B. Report of Decisions and Findings. Approval will be based upon determining the request complies with applicable standards and regulations and may include conditions necessary to protect public health, safety and welfare.

17.62.050 Required Findings
The Director shall make all of the following findings to approve or conditionally approve an Administrative Permit application. The inability to make one or more of the findings is grounds for denial of an application. Written findings shall be

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prepared when a denial decision is rendered.

A. The proposed use is allowed within the applicable zone with Administrative Permit approval, and complies with all other applicable provisions of this Zoning Ordinance and the Municipal Code;
B. The proposed use is consistent with the General Plan and any applicable specific plan;
C. The site is physically adequate for the type, density, and intensity (e.g., number of employees and customers) of use being proposed, including provision of services (e.g., sanitation and water), public access, and the absence of physical constraints;
D. The design, location, size, and operating characteristics of the proposed use are compatible with the land uses on site and in the vicinity of the subject property; and
E. The establishment, maintenance, or operation of the proposed use at the location proposed will not endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, interest, safety, or the general welfare of persons residing or working in the vicinity of the proposed use.

17.62.060 Conditions of Approval
The Community Development Director may impose reasonable conditions deemed necessary to ensure compliance with the findings for an Administrative Permit.

17.62.070 Appeals; Expiration, Revocation
A. Appeals. Appeals of Administrative Permits shall be processed pursuant to Section 17.03.120 (Appeals and Calls for Review).

B. Expiration and Extension. An approved Administrative Permits may expire or be extended pursuant to Section 17.03.090 (Effective Dates: Expiration and Extension).

C. Revocation and Expiration. Revocation and Expiration of any Administrative Permits shall be processed pursuant to Section 17.03.110 (Revocation of Permits).

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EXHIBIT G
CHAPTER 17.66 – MINOR EXCEPTION
Chapter 17.66 (Amendments) is hereby deleted in its entirety and new Chapter

17.66 (Minor Exception) is added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows:

Chapter 17.66 Minor Exception

17.66.010 Purpose
The purpose of this Chapter is to establish a means of granting minor relief development standards..

17.66.020 Applicability
The following changes to development standards may be approved through a Minor Exception.

A. Up to ten percent reductions in setback and open space requirements for existing buildings;
B. Projections where existing setbacks conform except for projections at local points in the building walls, such as for bay windows when the length parallel to the wall of any such projection is no greater than eight feet, or when the existing projecting element is no closer than three feet from the property line and no greater than one-quarter of the total length of the wall from which it projects;
C. Eaves, to match the existing eave projection when adding to an existing building, and when the new eave will also conform to the requirements of the California Building Code;
D. The enlargement of windows in nonconforming buildings, and other minor structural alterations in nonconforming buildings, provided there is no increase in total floor area;
E. Up to a ten percent reduction in parking stall dimensions for structural reasons, when providing parking in existing buildings;
F. Arbors or trellises in rear yards, for privacy, when the grade of the adjacent property is higher than that of the subject property. Sides and tops of arbors and trellises are to be made only of framework or latticework, and must be at least fifty (50) percent open.

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17.66.030 Review Authority
The Community Development Director shall act as the review authority for Minor Exceptions. However, the Director may refer any application for a Minor Exception for a project that may generate substantial public controversy or involve significant land use policy decisions to the Planning Commission for decision.

A. Concurrent Processing. If a request for a Minor Exception is being submitted in conjunction with an application for another approval, permit, or entitlement that requires Planning Commission action, it shall be heard and acted upon at the same time and in the same manner as that application.

17.66.040 Procedures
A. Application. An application for a Minor Exception shall be filed to the Community Development Department on the application forms prescribed by the Director.

B. Public Notice. An application for a Minor Exception shall require a public notice prior to the Director’s decision pursuant to Section 17.03.050 (Public Notice).

C. Report of Decisions and Findings. Except as set forth below, the Community Development Director shall issue the Minor Exception no more than thirty (30) days following the filing of a complete application.

17.66.050 Required Findings
The Community Development Director shall make all of the following findings to approve or conditionally approve a minor exception application. The inability to make one or more of the findings is grounds for denial of an application.

1. The requested minor exception is warranted by practical difficulties;

2. The requested minor exception is necessary to avoid inconsistencies with the general intent of this Title; and

3. The requested minor exception for the same development standard has not been approved within the last 10 years.

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17.66.060 Conditions of Approval
In approving a Minor Exception, the review authority may impose reasonable conditions or restrictions and/or require reasonable guarantees and evidence that such conditions are being, or will be, complied with, to achieve the findings for a Minor Exception.

17.66.070 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Appeals of Minor Exceptions shall be processed pursuant to Section 17.03.120 (Appeals and Calls for Review).

B. Expiration and Extension. An approved Minor Exception may expire or be extended pursuant to Section 17.03.090 (Effective Dates: Expiration and Extension).

C. Revocation and Expiration. Revocation and Expiration of any Minor Exception shall be processed pursuant to Section 17.03.110 (Revocation of Permits).

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EXHIBIT H
CHAPTER 17.68 – MINOR USE PERMITS
Chapter 17.68 (Procedure, Hearings, Notices and Fees) is hereby deleted in its entirety and new Chapter 17.68 (Minor Use Permits) is added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows:

Chapter 17.68 Minor Use Permits

17.68.010 Purpose
The Minor Use Permit review and approval process is intended to apply to uses that are consistent with the with the goals, objectives, and policies of the General Plan and purposes of the zone where they are proposed but require special consideration to ensure that based on the specifics can be designed, located, and operated in a manner that will be compatible with the surrounding area and uses.

17.68.020 Applicability
Approval of a Minor Use Permit is required for uses or developments specifically identified in any section of this Title which requires a Minor Use Permit.

17.68.030 Review Authority
The Community Development Director or designee shall be the review authority for Minor Use Permits. However, the Director may refer any application for a Minor Use Permit for a project that may generate substantial public controversy or involve significant land use policy decisions to the Planning Commission for decision.

17.68.040 Procedures
A. Application. Applications for Minor Use Permits shall be filed with the Community Development Department on application forms as prescribed by the Director.

B. Public Notice and Hearing. All applications for Minor Use Permits shall require a public notice prior to the Director or designee decision, pursuant to Section 17.03.050 (Public Notice).

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C. Report of Decisions and Findings. Except as set forth below, the Community Development Director shall issue the Minor Use Permit no more than thirty (30) days following the filing of a complete application.

17.68.050 Required Findings
The Community Development Director or designee must make all of the following findings to approve or conditionally approve a Minor Use application. The inability to make one or more of the findings is grounds for denial of an application.

A. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Title and all other Titles of the Hermosa Beach Municipal Code;
B. The proposed use is consistent with the General Plan and any applicable specific plan;
C. The proposed use will not be averse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;
D. The design, location, size, and operating characteristics of the proposed activity are compatible with the land uses and circulation in the vicinity; and
E. The site is physically suitable for the type of the use being proposed, including access, utilities, and the absence of physical constraints.

17.68.060 Conditions of Approval
In approving a Minor Use Permit, the review authority may impose reasonable conditions or restrictions and/or require reasonable guarantees and evidence that such conditions are being, or will be, complied with, to achieve the following outcomes:

A. Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council;
B. Achieve the general purposes of this Title or the specific purpose of the zone in which the project is located;

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C. Achieve the findings for a Minor Use Permit listed in Section 17.68.050; or D. Mitigate any potentially significant impacts identified because of environmental review conducted in compliance with the California Environmental Quality Act.

17.68.070 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Appeals of Minor Use Permits shall be processed pursuant to Section 17.03.120 (Appeals and Calls for Review).

B. Expiration and Extension. An approved Minor Use Permit may expire or be extended pursuant to Section 17.03.090 (Effective Dates: Expiration and Extension).

C. Revocation and Expiration. Revocation and Expiration of any Minor Use Permit shall be processed pursuant to Section 17.03.110 (Revocation of Permits).

D. Reapplication Upon Denial. After the denial of a Minor Use Permit has become final, no further application for the same use shall be filed for the same property for the ensuing 12 months, unless the project is revised to resolve the review authority’s previous objections to the project. Said revision shall require a new application process and payment of fees.

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EXHIBIT I
CHAPTER 17.70 – CONDITIONAL USE PERMITS
Chapter 17.70 (Revocation and Expiration) is hereby deleted in its entirety and new Chapter 17.70 (Conditional Use Permit) is added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows:

Chapter 17.70 Conditional Use Permits

17.70.010 Purpose.

The purpose of a Conditional Use Permit shall be to provide for the individual review of certain uses, which due to the nature of the use, size, or intensity of the use requires a Planning Commission review.

17.70.020 Applicability
Approval of a Conditional Use Permit is required for uses or developments specifically identified in any section of this Title which requires a Conditional Use Permit.

17.70.030 Review Authority
The Planning Commission may grant Conditional Use Permits to determine if the use proposed, or the location of that use, is compatible with the surrounding uses, or may be made compatible with the imposition of conditions of approval.

17.70.040 Procedures
A. Application. Applications for Conditional Use Permits shall be filed with the Community Development Department on application forms prescribed by the Director.

B. Public Notice. An application for a Conditional Use Permit shall require a public notice prior to the Planning Commission hearing, pursuant to Section

17.03.050 (Public Notice).

C. Public Hearing. An application for a Conditional Use Permit shall require a public hearing before the Planning Commission pursuant to Section

17.03.060 (Conduct of Public Hearings).

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D. Report on Findings and Decision. Not more than twenty (20) days following the public hearing on a Conditional Use Permit, the Planning Commission shall announce its findings by formal resolution and said resolution shall recite, among other things, the facts and reasons which, in its opinion, make the granting or denial of the Conditional Use Permit and when granted, shall recite such conditions and limitations as it may impose.

17.70.050 Required findings.

The Planning Commission must make all of the following findings to approve a Conditional Use Permit application. The inability to make one or more of the findings is grounds for denial of an application.

A. The proposed use is allowed within the applicable zone and complies with all other applicable provisions of this Title and all other Titles of the Hermosa Beach Municipal Code;
B. The proposed use is consistent with the General Plan and any applicable specific plan;
C. The proposed use will not be averse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;
D. The design, location, size, and operating characteristics of the proposed activity are compatible with the land uses and circulation in the vicinity; and
E. The site is physically suitable for the type of the use being proposed, including access, utilities, and the absence of physical constraints.

17.70.060 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Appeals of Conditional Use Permits shall be processed pursuant to Section 17.03.120 (Appeals and Calls for Review).

B. Expiration and Extension. An approved Conditional Use Permit may expire or be extended pursuant to Section 17.03.090 (Effective Dates: Expiration and Extension).

C. Revocation and Expiration. Revocation and Expiration of any Conditional Use Permit shall be processed pursuant to Section 17.03.110 (Revocation of Permits).

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D. Reapplication Upon Denial. After the denial of a Conditional Use Permit has become final, no further application for the same use shall be filed for the same property for the ensuing 12 months, unless the project is revised to resolve the review authority’s previous objections to the project. Said revision shall require a new application process and payment of fees.

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EXHIBIT J
CHAPTER 17.72 – PARKING PLAN
Chapter 17.72 (Permits, Licenses, Restrictions and Covenants) is hereby deleted in its entirety and new Chapter 17.72 (Parking Plan) is added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows:

Chapter 17.72 Parking Plan

17.72.010 Purpose
The purpose of this section is to allow for an alternative configuration of parking to wholly or partially satisfy the Off-Street Parking Chapter of Title 17.

17.72.020 Applicability
Parking Plans may be requested by a property owner in accordance with the OffStreet Parking Chapter of Title 17.

17.72.030 Review Authority
The Planning Commission shall act as the review authority for all Parking plans.

17.72.040 Procedures
A. Application. Applications for Parking Plans shall be filed with the Community Development Department on application forms prescribed by the Community Development Director.

B. Public Notice. An application for a Parking Plan shall require a public notice prior to the Planning Commission decision, pursuant to Section 17.03.050 (Public Notice)
C. Public Hearing. An application for a Parking Plan shall require a public hearing before the Planning Commission pursuant to Section 17.03.060 (Conduct of Public Hearings).

17.72.050 Required Findings
The Planning Commission must make all of the following findings to approve or conditionally approve a Parking Plan application. The inability to make one or more the findings is ground for denial of an application.

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A. The Parking Plan conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council;
B. The Parking Plan is consistent with the purposes of this Title and the specific purpose of the Zone in which the project is located;
C. The Parking Plan satisfies all the applicable criteria for the Parking Plan configuration requested in accordance with the Off-Street Parking Chapter of Title 17; and
D. The granting of the requested modification would not be detrimental to the public, health, safety or welfare of the public.

17.72.060 Conditions of Approval
In approving a Parking Plan, the review authority may impose reasonable conditions or restrictions and/or require reasonable guarantees and evidence that such conditions are being, or will be, complied with, to achieve the following outcomes:

A. Ensure that the proposal complies with the general purpose of Title 17 or the specific procedures of the zone in which the project is located; B. Achieve the findings for the Parking Plan listed in Section 17.72.050 (Required Findings).

C. A covenant with the City a party thereto, may be required limiting the use of the property and/or designating the method by which the required parking will be provided at the time that the Planning Commission determines that inadequate parking exists.

17.72.070 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Appeals of Parking Plan shall be processed pursuant to Section

17.03.120 (Appeals and Calls for Review).

B. Expiration and Extension. An approved Parking Plan may expire or be extended pursuant to Section 17.03.090 (Effective Dates: Expiration and Extension).

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C. Revocation and Expiration. Revocation and Expiration of any Parking Plan shall be processed pursuant to Section 17.03.110 (Revocation of Permits).

D. Reapplication Upon Denial. After the denial of a Parking Plan has become final, no further application for the same use shall be filed for the same property for the ensuing 12 months, unless the project is revised to resolve the review authority’s previous objections to the project. Said revision shall require a new application process and payment of fees.

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EXHIBIT K
CHAPTER 17.74 – PRECISE DEVELOPMENT PLANS
Chapter 17.74 (Penalty) is hereby deleted in its entirety and new Chapter 17.74 (Precise Development Plan)) is added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows:

Chapter 17.74 Precise Development Plans

17.74.010 Purpose
This Chapter establishes Precise Development Plan procedures to ensure that new development supports the goals and objectives of the General Plan and other adopted plans and guidelines. The specific purposes of the Precise Development Plan process are to:

A. Promote excellence in design, layout, and other physical features of development to achieve a reasonable level of quality, compatibility, in harmony with the community’s social, economic and environmental objectives;
B. Ensure that new and altered development will be compatible with the existing and potential development of the surrounding area; and C. Supplement other City regulations and standards in order to ensure control of physical features of development that are not otherwise addressed.

17.74.020 Applicability
A Major or Minor Precise Development Plan, as specified in Section 17.74.025, is required for all projects that require a permit for new construction, reconstruction, rehabilitation, alteration, or other improvements to a structure, site, or a parking area except for:

A. New construction or additions of less than 1,500 square foot addition any zone.

B. Interior remodel of 3,000 square feet or less, with no exterior changes, in any zone.

C. Single Family (one unit) residential projects and any related accessory structures.

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D. New residential projects with two (2) or more dwelling units including a minimum of 20% lower-income units.

E. Accessory Dwelling Units and Junior Accessory Dwelling Units.

F. Dwelling Units provided pursuant to California Government Code Section 6585.21, commonly referred to as SB 9 units or urban dwelling units.

17.74.025 Minor and Major Precise Development Plan
A. Minor Precise Development Plan. A Minor Precise Development Plan shall be required for the following:

1. Residential only projects with only 2-4 dwelling units.

2. Mixed use projects that do not exceed four dwelling units or 3,000 square feet of non-residential floor area.

3. Interior remodel greater than 3,000 square feet, with no exterior changes, in any zone.

B. Major Precise Development Plan. A Major Precise Development Plan shall be required for the following:

1. Residential only projects with 5 or more dwelling units.

2. Mixed use development with five or more dwelling units or include a nonresidential floor area of 3,001 square feet or greater, regardless of the number of units.

3. Any nonresidential project that is not exempt or qualifies for a Minor Precise Development Plan.

17.74.030 Review Authority
The Director shall act as the review authority of Minor Precise Development Plans and the Planning Commission shall act as the review authority for Major Precise Development Plans.

17.74.040 Procedures

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A. Application. Applications for Precise Development Plan shall be filed with the Community Development Department on application forms prescribed by the Director.

B. Public Notice. An application for a Precise Develop Plan shall require a public notice prior to the review authority’s decision, pursuant to Section

17.03.050 (Public Notice).

C. Reapplication Upon Denial. After the denial of a Parking Plan has become final, no further application for the same Parking Plan shall be filed for the same property for the ensuing 12 months, unless the project is revised to resolve the review authority’s previous objections to the project. Said revision shall require a new application process and payment of fee.

D. Public Hearing. No public hearing shall be required for an application for a Minor Precise Development Plans. An application for a Major Precise Development Plan shall require a public hearing before the Planning Commission pursuant to Section 17.03.060 (Conduct of Public Hearings).

17.74.050 Required Findings
The review authority must make all of the following findings to approve or conditionally approve a Precise Development Plan application. The inability to make one or more of the findings is grounds for denial of an application.

A. The design, layout, and other physical features of the project complies with all other applicable provisions of this Title and all other Titles of the Hermosa Beach Municipal Code;
B. The design, layout, and other physical features of the project is consistent with the General Plan, and any applicable specific plan or design guidelines;
C. The design, layout, and other physical features of the project complies with any design or development standards applicable to the zone or the use in question, unless waived or modified pursuant to the provisions of this Title; and
D. The design, layout, and other physical features of the project are compatible with the desired form and character of the area, as established in the General Plan.

17.74.060 Conditions of Approval

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In approving a Precise Development Plan, the review authority may impose reasonable conditions or restrictions and/or require reasonable guarantees and evidence that such conditions are being, or will be, complied with, to achieve the following outcomes:

A. Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council;
B. Achieve the general purposes of this Title or the specific purpose of the zone in which the project is located;
C. Achieve the findings for a Precise Development Plan listed in Section TBD, Required Findings; and
D. Mitigate any potentially significant impacts identified because of environmental review conducted in compliance with the California Environmental Quality Act.

17.74.070 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Appeals of Precise Development Plan shall be processed pursuant to Section 17.03.120 (Appeals and Calls for Review).

B. Expiration and Extension. An approved Precise Development Plan may expire or be extended pursuant to Section 17.03.090 (Effective Dates:

Expiration and Extension).

C. Revocation and Expiration. Revocation and Expiration of any Precise Development Plan shall be processed pursuant to Section 17.03.110 (Revocation of Permits).

D. Reapplication Upon Denial. After the denial of a Precise Development Plan has become final, no further application for the same use shall be filed for the same property for the ensuing 12 months, unless the project is revised to resolve the review authority’s previous objections to the project. Said revision shall require a new application process and payment of fees.

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EXHIBIT L
CHAPTER 17.76 – VARIANCES
Chapter 17.76 (Conditional use permits) is hereby deleted in its entirety and new Chapter 17.76 (Variances) is added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows:

Chapter 17.76 Variances

17.76.010 Purpose
This Chapter is intended to provide a mechanism for relief from the strict application of this Title where it would deprive the property owner of privileges enjoyed by similar properties because of the subject property’s unique and special conditions.

17.76.020 Applicability
Variances may be granted to vary or modify development standards but may not be granted to allow uses or activities that this Title does not authorize for a specific lot or site.

17.76.030 Review Authority
The Planning Commission shall act as the review authority for Variance applications based on consideration of the requirements of this Chapter.

17.76.040 Procedures
A. Application. Applications for a Variance shall be filed with the Community Development Department on application forms prescribed by the Director.

B. Public Notice. An application for a Variance shall require a public notice prior to the Planning Commission decision, pursuant to Section 17.03.050 (Public Notice).

C. Public Hearing. An application for a Variance shall require a public hearing before the Planning Commission, pursuant to Section 17.03.060 (Conduct of Public Hearings).

17.76.050 Required Findings
After conducting a public hearing, the Planning Commission must make all of the

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following findings in order to approve or conditionally approve a Variance application. The Commission shall deny an application for a Variance if it is unable to make any of the required findings, in which case it shall state the reasons for that determination.

A. There are exceptional or extraordinary physical circumstances or conditions applicable to the property involved that do not apply generally to property in the vicinity and identical zone, and that the granting of a Variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone; B. The granting of the Variance is necessary to prevent a physical hardship which is not of the applicant’s own actions or the actions of a predecessor in interest;
C. The granting of the Variance will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and
D. The granting of the Variance will be consistent with the general purposes and objectives of this Title, any applicable specific plans, and the General Plan.

17.76.060 Conditions of Approval
In approving a Variance, the review authority may impose reasonable conditions or restrictions and/or require reasonable guarantees and evidence that such conditions are being, or will be, complied with, to achieve the following outcomes:

A. Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council;
B. Achieve the general purposes of this Title or the specific purposes of the zone in which the project is located;
C. Achieve the findings for a Variance granted; or
D. Mitigate any potentially significant impacts identified because of review conducted in compliance with the California Environmental Quality Act (CEQA).

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17.76.070 Appeals; Expiration, Extensions, and Revisions; Revocation A. Appeals. Appeals of Variances shall be processed pursuant to Section

17.03.120 (Appeals and Calls for Review).

B. Expiration and Extension. An approved Variances may expire or be extended pursuant to Section 17.03.090 (Effective Dates: Expiration and Extension).

C. Revocation and Expiration. Revocation and Expiration of any Variances shall be processed pursuant to Section 17.03.110 (Revocation of Permits).

D. Reapplication Upon Denial. After the denial of a Variances has become final, no further application for the same use shall be filed for the same property for the ensuing 12 months, unless the project is revised to resolve the review authority’s previous objections to the project. Said revision shall require a new application process and payment of fees.

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EXHIBIT M
CHAPTER 17.78 – COASTAL CLEARANCE
Chapter 17.78 (Coastal Clearance) added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows:

Chapter 17.78 Coastal Clearance

17.78.010 Purpose
The purpose of this section is to ensure all public and private development in the Coastal Zone receives a clearance confirming the development conforms to all provisions of Title 16, Title 17, and any Land Use Plan or Coastal Development Permit.

17.78.020 Applicability
This Section shall apply to all development in the Coastal Zone, as defined by the Coastal Act.

17.78.030 Review Authority
A request for Coastal Clearance may be submitted with another application. The review authority shall be in accordance with the Section 17.02.050 Review Authorities for Decisions and Appeals.

17.78.040 Procedure
A. Application. Applications for Coastal Clearance shall be filed with the Community Development Department on application forms prescribed by the Director.

B. Conditions of Approval. Prior to permit issuance of any development within the Coastal Zone the applicant shall demonstrate an approval, wavier, or exemption by the California Coastal Commission.

C. Post-Approval. Before permit issuance, the Community Development Director or designee shall review the California Coastal Commission’s approval, waiver, or exemption for consistency with the Director’s approval in concept.

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EXHIBIT N
CHAPTER 17.80 – DEVELOPMENT AGREEMENTS
Chapter 17.80 (Certificates of occupancy) is hereby deleted in its entirety and new Chapter 17.80 (Development Agreements) is added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows:

Chapter 17.80 Development Agreements

17.80.010 Purpose
This Chapter establishes procedures and requirements for considering and entering into a voluntary legally binding agreements, with applicants for development projects, as authorized in Government Code Sections 65864- 65869.5. The development agreement is intended to provide assurance to the City that a proposed project will proceed to its completion in compliance with the plans submitted and provides assurance to the applicant that the project can proceed to its completion in accordance with the rules and regulations in effect at the time of project approval.

17.80.020 Applicability
A voluntary agreement that may be initiated by a property owner, or by the Director, for a complex or multi-phase development project that is consistent with the General Plan.

17.80.030 Review Authority
The Planning Commission shall act as the advisory body for all Development Agreements and provide its recommendation to the City Council. The City Council shall act as the review authority, and after receiving recommendations from the Planning Commission, may adopt, reject, or modify a Development Agreement.

17.80.040 Procedures
A. Processing Proposed Development Agreements. A Development Agreement which may be proposed by the City or any person having a legal or equitable interest in real property shall be processed in the manner of a Zone Change as provided in Article 15 and shall conform to the requirements of Article 2.5 (commencing with Section 65864) Division 1, of the Government Code entitled "Development Agreements."

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B. Development Agreement Content All development agreements shall contain the following provisions:

1. Duration of the agreement;

2. Permitted uses for the subject property;

3. Density or intensity of the permitted uses;

4. Approved site plans, elevations, floor plans and sections, including the maximum height and size of proposed buildings;

5. Provisions, if any, for reservation or dedication of land for public purposes or other contribution to public improvements and amenities of benefit to the City;

6. Protection from either a future growth control ordinance or a future increase in development impact fees;

7. Provisions that address the applicable environmental review for the project;

8. Provisions requiring periodic review of the Development Agreement;

9. Provisions that would necessitate a reconsideration or amendment of the development agreement if any health and safety issues of compelling public necessity are discovered (i.e., a new environmental health hazard is discovered);

10.Provisions for the expiration and extension of said expiration of the agreement.

11.Provisions to amend or cancel, in whole or in part, by mutual consent of all parties to the agreement, or their successor-in-interest, in compliance with state law (Government Code Section 65868).

12.Provisions which are appropriate and acceptable to the City Attorney, that the developer shall commence construction or satisfy other requirements within a specified timeframe; and

13.Any other terms determined to be appropriate and necessary including provisions for payment to the City.

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C. Periodic Review Requirement.

1. The Planning Commission shall review the Development Agreement every 12 months, unless otherwise specified in the Development Agreement, after the approval of the agreement for the life of the project to determine whether the contracting party or the successor has complied in good faith with the terms and conditions of the Development Agreement.

2. The applicant shall initiate the review by filing a request for review along with the corresponding fee established by City Council within 60 days prior to the anniversary of the date of approval. The applicant shall submit evidence demonstrating the applicant’s good-faith compliance with the Development Agreement.

3. If as a result of this review, the Planning Commission finds and determines time of annual review, on the basis of substantial evidence, that the contracting party or the successor in interest has not complied with, a report shall be made the City Council, and referred to the City Attorney’s office for action.

17.80.050 Required Findings
The following findings shall be made before approval of a Development Agreement or amendment:

A. The Development Agreement is in the best interests of the City, promoting the public interest and welfare through public benefits; and B. The Development Agreement is consistent with all applicable provisions of the General Plan, any applicable specific plan, and this Zoning Ordinance.

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EXHIBIT O
CHAPTER 17.82 – SPECIFIC PLANS
Chapter 17.82 (Specific Plans) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows:

Chapter 17.82 Specific Plans

17.82.010 Purpose
This Chapter establishes procedures for the consideration, adoption, and implementation of specific plans for the purpose of implementing the General Plan on an area-specific basis.

17.82.020 Applicability
A. The procedures in this Chapter shall apply to all proposals to establish a Specific Plan Area, amend or a Specific Plan Area. When changes to the Zoning Ordinance or zone or boundary line shown on the Zoning Map are required, a Zoning Amendment shall also be required.

B. Initiation of Amendment. A Specific Plan or amendment to a Specific Plan may be initiated by the owner of the subject property, the Director, by motion of the Planning Commission, or by a motion of the City Council

17.82.030 Review Authority
The Planning Commission shall act as the advisory body for all proposed Specific Plans and Specific Plan Amendments. The Planning Commission shall provide recommendations to the City Council. The City Council shall act as the final review authority and upon receiving a recommendation from the Planning Commission, may adopt, reject, or modify a Specific Plan.

17.82.040 Procedures
A. Application. Applications for Specific Plans shall be filed with the Community Development Department on application forms prescribed by the Director.

B. Public Hearing and Notice. All Specific Plan and Specific Plan Amendments shall be referred to the Planning Commission, which shall conduct at least one public hearing on any proposed amendment prior to submitting a

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recommendation report to the City Council. At least ten (10) days before the date of any public hearing, the City shall provide notice as provided for in Section 17.03.050 (Public Notice).

C. Planning Commission Hearing. Before submitting a recommendation to the City Council, the Planning Commission shall conduct at least one public hearing.

D. Recommendation to City Council. Following the public hearing, the Planning Commission shall make a recommendation on the Specific Plan to the City Council. Such recommendation shall include the reasons for the recommendation, findings related to General Plan consistency, and a discussion of the relationship of the proposed amendment to other adopted documents. The recommendation shall be transmitted to the City Council with a copy of the approved minutes from the Planning Commission hearing.

1. Approval. If the Planning Commission has recommended approval of the proposed amendment, the City Council is required to take final action pursuant to Section TBD, City Council Hearing and Action.

2. Denial. If the Planning Commission has recommended against the proposed amendment, the City Council is not required to take any further action unless an appeal is filed in accordance with Section

17.03.120 (Appeals and Calls for Review)
E. City Council Hearing and Action

1. City Council Hearing. After receiving the recommendation from the Planning Commission, the City Council shall hold a hearing in accordance with Section TBD, Conduct of Public Hearings. The notice for the hearing shall include a summary of the Planning Commission recommendation.

2. City Council Action. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed Specific Plan or Specific Plan amendment.

F. Reapplication Upon Denial. After the denial of a Specific Plan has become final, no further application for the same Specific Plan shall be filed for the same property for the ensuing 12 months, unless the project is revised to resolve the review authority’s previous objections to the project.

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1. Determination if the new application has resolved the review authority’s previous objections shall be made by the Director.

2. Said revision shall require a new application process and payment of fee.

17.82.050 Required Findings
The following findings shall be made prior to approval of any specific plan or specific plan amendment:

A. The specific plan or amendment is consistent with the goals, objectives, and policies of the General Plan;
B. The specific plan or amendment will not create conditions materially detrimental to the public health, safety, and general welfare; C. The specific plan or amendment is compatible with zoning on adjacent properties, and ensures development of desirable character that will be harmonious with surrounding properties;
D. The specific plan or amendment is suitable and appropriate for the location, access, and topography for the development of the subject property;

17.82.060 Amendments
A Specific Plan may be amended in the same manner as a new Specific Plan is adopted.

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EXHIBIT P
CHAPTER 17.84 – ZONING AMENDMENTS
Chapter 17.84 (Zoning Amendments) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows:

Chapter 17.84 Zoning Amendments

17.84.010 Purpose
This Chapter establishes procedures by which changes may be made to the text of this Zoning Ordinance and to the Zoning Map, whenever the public necessity, convenience, general welfare, or good practice justify such amendment, consistent with the General Plan.

17.84.020 Applicability
A. The procedures in this Chapter shall apply to all proposals to change the text of this Zoning Ordinance or to revise a zone or boundary line shown on the Zoning Map.

B. Initiation of Amendment. An amendment to the Zoning Ordinance may be initiated by the Director, by motion of the Planning Commission, or by a motion of the City Council. An amendment to the Zoning Map may be initiated by the owner of the subject property, the Director, by motion of the Planning Commission, or by a motion of the City Council.

17.84.030 Review Authority
The Planning Commission shall act as the advisory body for all amendments to the Zoning Ordinance and Zoning Map and provide recommendations to the City Council. The City Council shall act as the final review authority and upon receiving a recommendation from the Planning Commission, may adopt, reject, or modify all zoning amendments.

17.84.040 Procedures
A. Application. Applications for Zoning Amendments shall be filed with the Community Development Department on application forms prescribed by the Director.

B. Public Hearing and Notice. All amendments to the Zoning Ordinance and Zoning Map shall be referred to the Planning Commission, which shall conduct at least one public hearing on any proposed amendment prior to

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submitting a recommendation report to the City Council. At least 20 days before the date of any public hearing, the City shall provide notice as provided for in Section 17.03.050 (Public Notice).

C. Planning Commission Hearing and Recommendation

1. Planning Commission Hearing. Before submitting a recommendation to the City Council, the Planning Commission shall conduct at least one public hearing.

2. Recommendation to City Council. Following the public hearing, the Planning Commission shall make a recommendation on the
proposed amendment to the City Council. Such recommendation shall include the reasons for the recommendation, findings related to General Plan consistency, and a discussion of the relationship of the proposed amendment to other adopted documents. The
recommendation shall be transmitted to the City Council with a copy of the approved minutes from the Planning Commission hearing. a. Approval. If the Planning Commission has recommended approval of the proposed amendment, the City Council is required to take final action.
b. Denial. If the Planning Commission has recommended against the proposed amendment, the City Council is not required to take any further action unless an appeal is filed in accordance with Section 17.03.120 (Appeals and Calls for Review).
c. Reapplication Upon Denial. After the denial of a Zoning Amendment has become final, no further application for the same Zoning Amendment shall be filed for the ensuing 12 months, unless the project is revised to resolve the review authority’s previous objections to the project.
i. Determination if the new application has resolved the review authority’s previous objections shall be made by the Director.
ii. Said revision shall require a new application process and payment of fee.

D. City Council Hearing and Action

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1. City Council Hearing. After receiving the recommendation from the Planning Commission, the City Council shall hold a hearing in accordance with Section 17.03.060 (Conduct of Public Hearings).

The notice for the hearing shall include a summary of the Planning Commission recommendation.

2. City Council Action. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed amendment. If the Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 45 days after the referral shall be deemed a recommendation for approval and the amendment shall be returned to Council for adoption.

17.84.050 Required Findings
The following findings shall be made prior to approval of any Zoning Amendment:

A. The amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City;
B. The amendment is consistent with the intent of the vision, goals and objectives, and policies of general plan; and
C. The amendment is consistent with the purpose of the Zoning Ordinance, Title 17.

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EXHIBIT Q
CHAPTER 17.84 – ZONING AMENDMENTS
Chapter 17.86 (General Plan Amendment) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows:

Chapter 17.86 General Plan Amendment

17.86.010 Purpose
This chapter establishes procedures for making changes to the General Plan as provided for in State Law when there are necessary reasons to do so as a result of changes in conditions or circumstances unforeseen at the time of adoption or last amendment of the General Plan. These circumstances include, but are not limited to, changes in State or Federal law and problems and opportunities that were unanticipated at the time of adoption or last amendment.

17.86.020 Applicability
The procedures in this Chapter shall apply to all proposals to change the text of the General Plan or to change a general plan designation or boundary line as shown on the General Plan Map.

17.86.030 Initiation of Amendment.

An amendment to the text of the General Plan may be initiated by the Director, by motion of the Planning Commission, or by a motion of the City Council. An amendment to the General Plan Land Use Map may be initiated by the owner of the subject property, the Director, by motion of the Planning Commission, or by a motion of the City Council.

17.86.040 Review Authority
The Planning Commission shall act as the advisory body for all amendments to City’s General Plan and General Plan Map and provide recommendations to the City Council. The City Council shall act as the final review authority and upon receiving a recommendation from the Planning Commission, may adopt, reject, or modify all general plan or general plan map amendments.

17.86.050 Procedures
B. Application. Applications for General Plan Amendment shall be filed with the Community Development Department on application forms prescribed by the Director.

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C. Public Hearing and Notice. All amendments to the General Plan and General Plan Land Use Map shall be referred to the Planning Commission, which shall conduct at least one public hearing on any proposed amendment prior to submitting a recommendation report to the City Council. At least 20 days before the date of any public hearing, the City shall provide notice as provided for in Section 17.03.050 (Public Notice).

D. Planning Commission Hearing and Recommendation. Before submitting a recommendation to the City Council, the Planning Commission shall conduct at least one public hearing.

E. Recommendation to City Council. Following the public hearing, the Planning Commission shall make a recommendation on the proposed amendment to the City Council. Such recommendation shall include the reasons for the recommendation, findings related to General Plan consistency, and a discussion of the relationship of the proposed amendment to other adopted documents. The recommendation shall be transmitted to the City Council with a copy of the approved minutes from the Planning Commission hearing.

1. Approval. If the Planning Commission has recommended approval of the proposed amendment, the City Council is required to take final action.

2. Denial. If the Planning Commission has recommended against the proposed amendment, the City Council is not required to take any further action unless an appeal is filed in accordance with Section

17.03.120 (Appeals and Calls for Review).

3. Reapplication Upon Denial. After the denial of a Geneal Plan Amendment has become final, no further application for the same General Plan Amendment shall be filed for the ensuing 12 months, unless the project is revised to resolve the review authority’s previous objections to the project.
a. Determination if the new application has resolved the review authority’s previous objections shall be made by the Director. b. Said revision shall require a new application process and payment of fee.

F. City Council Hearing and Action.

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1. City Council Hearing. After receiving the recommendation from the Planning Commission, the City Council shall hold a hearing in accordance with Section 17.03.060 (Conduct of Public Hearings).

The notice for the hearing shall include a summary of the Planning Commission recommendation.

2. City Council Action. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed amendment. If the Council proposes any substantial revision not previously considered by the Planning Commission during its hearings, the proposed revision shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing. The failure of the Planning Commission to report within 45 days after the referral shall be deemed a recommendation for approval and the amendment shall be returned to Council for adoption.

17.86.060 Required Findings
A. The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the city, as specified under Government Code Section 65358(as);
B. That adoption of the proposed General Plan amendment will not exceed the annual limit on amendments specified under Government Code Section 65358(b); and
C. The amendment is consistent with the intent of the vision, goals and objectives, and policies of the General Plan and internally consistent.

HERMOSA
BEACH
HB

ZONING AND SUBDIVISION ORDINANCE ASSESSMENT REPORT

CITY OF HERMOSA BEACH
May 2020

i
Table of Contents
1 Introduction ......................................................................................................1 The Project................................................................................................................................ 1 This Paper ................................................................................................................................. 2 Next Steps................................................................................................................................. 3 2 What is Zoning? ................................................................................................4 What Zoning Can Do.............................................................................................................. 4 What Zoning Cannot Do ........................................................................................................ 5 The Basic Dilemma: Flexibility vs. Certainty .......................................................................... 5 Users’ Perspectives............................................................................................................ 5 Tradeoffs ......................................................................................................................... 8 3 Usability.............................................................................................................9 Organization and Style........................................................................................................... 9 Code Complexity.................................................................................................................. 11 Lack of Clear Definitions and Rules of Measurement....................................................... 11 Underutilized Tables .............................................................................................................. 12 Absence of Illustrations......................................................................................................... 13 4 Zones ...............................................................................................................14 Zones to Implement PLAN Hermosa ................................................................................... 14 Streamline Existing Zones...................................................................................................... 15 Zone Presentation and Organization.................................................................................. 15

City of Hermosa Beach
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5 Development Standards ...............................................................................16 Physical Form and Design Related Standards................................................................... 17 Tailor Standards to Reflect Character Areas..................................................................... 18 Objective Design Standards................................................................................................ 18 Residential Development .............................................................................................. 19 Mixed-Use Development ............................................................................................... 20 Provide Flexibility.................................................................................................................... 21 6 Use Regulations ..............................................................................................22 Adopt a Use Classification System...................................................................................... 23 Reflect Contemporary Land Uses....................................................................................... 23 Ensure All Zones Allow Appropriate Land Uses.................................................................. 23 Standards for Specific Uses.................................................................................................. 24 7 Parking Requirements....................................................................................25 Reduce or Eliminate Minimum Parking Requirements...................................................... 26 Exempt Small Commercial Establishments.................................................................. 27 Exempt or Reduce Parking Requirements for Changes of Use................................. 27 8 Development Review and Approval ...........................................................28 Reliance on Discretionary Review....................................................................................... 28 Adjust Review Thresholds............................................................................................... 29 Consider a Minor Use Permit Process ........................................................................... 29 Unclear Review and Approval Procedures ....................................................................... 30 Clarify Administrative Procedures for All Decisions..................................................... 31

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9 Compliance with State and Federal Law ....................................................32 Housing................................................................................................................................... 32 Housing Developments.................................................................................................. 32 Accessory Dwelling Units (ADUs)................................................................................... 33 Affordable Housing......................................................................................................... 33 Housing for Persons with Disabilities.............................................................................. 33 Manufactured Housing.................................................................................................. 34 Adult Oriented Businesses .................................................................................................... 34 Coastal Act............................................................................................................................ 34 Cottage Food Operations ................................................................................................... 35 Emergency Shelters; Transitional and Supportive Uses..................................................... 35 Family Day Care Homes....................................................................................................... 36 Processing and Review Procedures.................................................................................... 36 Religious Uses......................................................................................................................... 36 Signs ........................................................................................................................................ 36 Solar Energy Systems............................................................................................................. 36 Telecommunications............................................................................................................. 37 Water Conservation and Landscaping.............................................................................. 37 Appendix A Ordinance User Interview Summary..........................................38 Introduction............................................................................................................................ 38 Themes.................................................................................................................................... 38 Comments.............................................................................................................................. 39 General Comments........................................................................................................ 39 Design and Development Standards........................................................................... 40 Land Use Regulations..................................................................................................... 41 Parking Regulations........................................................................................................ 43 Zoning Administration and Process .............................................................................. 44 Example References ...................................................................................................... 46 List of Interviewees ................................................................................................................ 47

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1 1 INTRODUCTION
On August 22, 2017, the Hermosa Beach City Council unanimously adopted its first general plan update since 1979, PLAN Hermosa. PLAN Hermosa is the culmination of a multi-year communitywide effort to reflect on the community and its future. It incorporates many ideas from residents, City officials and staff, and others involved in the planning process and articulates a shared vision. “Hermosa Beach is the small town others aspire to be; a place where our beach culture, strong sense of community, and commitment to sustainability intersect.”
Organized around a framework for sustainability, each
section of the Plan addresses different aspects of the
community and identifies goals and policies to guide
residents, decision-makers, businesses, and City staff toward achieving the vision. The challenge now is to translate the policies related to zoning and subdivision controls into a user-friendly, legally adequate, and effective set of
regulations and procedures that steer development to the most suitable places and helps the community achieve
their long-term vision as a community that values small beach town character, vibrant economy and healthy
environment and lifestyles.

Zoning and subdivision regulations are one of the primary tools a city has for implementation of its general plan. Zoning and subdivision regulations translate the policies of a general plan into parcel-specific regulations, including land use regulations and development standards. The type and intensity of land uses that are permitted and how they perform will be critical to achieving PLAN Hermosa’s vision for neighborhood preservation and enhancement, economic development, coastal resource protection, environmental sustainability, and community health.

The Project
The Zoning and Subdivision Ordinance Assessment is the first phase of a two-phase effort to comprehensively update the City’s zoning and subdivision regulations and repurpose them as a more effective tool to provide the kind of development that Hermosa Beach wants, consistent with the PLAN Hermosa. The objective is to produce a user-friendly set of regulations that provide clear direction about the City’s expectations and to facilitate development of quality projects by

City of Hermosa Beach
2 making standards clear and effective, streamlining review processes, and incorporating flexibility to adapt to specific circumstances.

The ultimate objective for the Assessment is to set clear direction for a comprehensive Zoning and Subdivision Ordinance update. A thorough and accurate assessment will set the foundation for an updated Zoning and Subdivision Ordinance that not only complies with state law, but also:
• Is consistent with and implements PLAN Hermosa;
• Respects the City fabric and groundwork that has occurred overtime and reflects current uses, practices, and development patterns;
• Provides clear decision-making protocols and streamlined review processes, where appropriate;
• Retains the character and scale of the community’s neighborhoods, districts, and corridors;
• Adds to the economic vitality and promotes adaptive reuse and reinvestment of properties;
• Addresses previously created nonconforming conditions and brings them into compliance to the extent appropriate and feasible;
• Complies with State and federal requirements and current case law; and • Is clear, concise, understandable, and easy to use.

This Paper
As the first step, City staff and the consultant team have been evaluating the current Zoning and Subdivision Ordinances to identify issues that need to be addressed and changes that should be considered as part of the update.

This paper summarizes the principal findings and conclusions of the consultant team’s work and recommends a number of ways that the current ordinances could be improved. It is intended to distill key choices and present “big ideas” for the update, which will be further developed and refined as that effort progresses.

The assessment undertaken by the consultant team addressed both the zoning and the subdivision ordinances. However, the dividing and merging of land within the City is largely controlled by the State Subdivision Map Act and the principal assessment finding regarding the City’s subdivision regulations is to update the ordinance for clarity and consistency with State law.

As such, much of the discussion in this paper relates to recommendations for Zoning Ordinance provisions, for which the City has broader discretion.

Zoning and Subdivision Ordinance
Assessment Report
3 The paper is organized by seven topical areas:
• Usability;
• Zones;
• Development Standards;
• Use Regulation;
• Parking Requirements;
• Development Review and Approval; and
• Compliance with State and Federal Law
Included as an appendix is a summary of comments received during interviews with ordinance users.

Next Steps
This paper will be the basis for a study session with the Planning Commission. Comments from the study session and further work with City staff will guide preparation of an Annotated Outline representing a recommended approach to the overall organizational structure of the updated Zoning and Subdivision Ordinances and a work plan for conducting the update.

City of Hermosa Beach
4 2 WHAT IS ZONING?
While the General Plan and, in the Coastal Zone, the Local Coastal Plan, sets forth a wide-ranging and long-term vision for the City, zoning and subdivision regulations specify how each individual property can be used to achieve those objectives. Zoning is the body of rules and regulations that control what is built on the ground, as well as what uses occupy buildings and sites. Zoning determines the form and character of development, such as the size and height of buildings, and also includes provisions to ensure that new development and uses will fit into existing neighborhoods by establishing the rules for being a “good neighbor.” Zoning regulations deal with two basic concerns:
• How to minimize the adverse effects that buildings or using one property can have on its neighbors; and
• How to encourage optimal development patterns and activities within a community, as expressed in planning policies.

What Zoning Can Do
Zoning is used to implement the community goals expressed in a general plan and other land use plan documents. Zoning can do the following:
• Use Regulations. Zoning specifies what uses are permitted or conditionally permitted, what uses are required to meet specified standards or limitations, and what uses are prohibited.

In this way, the zoning determines the appropriate mix of compatible uses, as well as how intense these uses can be.
• Development and Design Standards. Zoning reflects the desired physical character of the community in a set of development and design standards that control the height and bulk of buildings, streetfront and architectural character, location of parking and driveways, “buffering” of uses, and open space needs.
• Performance Standards. Zoning often includes standards that control the “performance” of uses to ensure land use compatibility between new and existing neighborhoods or uses.

Performance standards address items such as noise, dust, vibration, and stormwater runoff. • Predictability. The use regulations and development standards established in zoning provide neighbors with assurance of what land uses are permitted and to what scale they may be developed. Property owners benefit from knowing exactly what can be done.

City staff benefits too, since the need for case-by-case discretionary review of development applications is reduced.

Zoning and Subdivision Ordinance
Assessment Report
5 What Zoning Cannot Do
There are things that zoning cannot do, since zoning is limited in some respects by State law and legal precedent. However, issues not addressed in zoning are usually addressed by other planning tools, such as specific plans and design guidelines. Zoning will not do the following:
• Dictate Architectural Design. Although zoning can improve the overall physical character of the community, it can only do so with respect to the building envelope— the height, bulk, and basic elements of structures and their orientation and location on the site. The architectural style or detailed design elements of a building, such as colors and finish materials, are addressed in design guidelines. • Regulate Free Market. Zoning cannot create a market for new development. For example, it cannot determine the exact mix of tenants in a private development. It can, however, create opportunities in the real estate market by removing barriers and offering incentives for desirable uses.
• Establish Land Use Policy. Zoning is a tool for implementing land use policy, not setting it. As such, zoning is not the appropriate means for planning analysis or detailed study.

Zoning takes direction from the General Plan/Local Coastal Plan and other established land use plans.

The Basic Dilemma: Flexibility vs. Certainty
As Hermosa Beach considers how best to improve its zoning and subdivision regulations, one issue will be how to find the right balance between flexibility and certainty that will best implement PLAN Hermosa. The dichotomy between these concepts creates tension, not only for City officials and staff who use the regulations on a day-to-day basis, but also for homeowners, business owners, and others who may only come into contact with zoning a few times over the years they may live or operate a business in the City. Everyone wants to know what are the rules and standards by which new development will be judged – how are decisions made to approve, conditionally approve, or reject applications? And, for many, knowing the timeframe as well as the criteria for approval also is important – who has appeal rights, and when is a decision final so a project can proceed.

For others, flexibility is important: the site or existing building may be unique, the design innovative and responsive, or the public benefits so compelling that some relief from underlying requirements and generic architectural details may be appropriate. Perspectives of code users help inform the discussion about this issue.

Users’ Perspectives
Expectations about what zoning should or should not do, and how far it should go, are different, depending on individual perspectives. Applicants view zoning differently than design professionals,

City of Hermosa Beach
6 and City staff perspectives are not always the same as those of residents or City officials. At the risk of over-simplification, we offer the following set of expectations for different ordinance users as a starting point for thinking about regulatory options for an update of the zoning and subdivision regulations.

Applicants
Individuals applying to the City for a zoning approval through a permit or land use review generally want to know:
• What are the rules that the City follows for development review? These include use regulations, design guidelines and standards, development standards, review procedures, and criteria for decision-making.
• What is the timeframe for decision-making, and when is a decision final? Is it the day the approval is granted, or is there some stated time they have to wait before they know they can proceed with the next steps, refine an architectural design, solicit bids, and initiate construction? Users also need to know how much time they have to obtain a building permit or business license.
• What relief can they request if a regulation or standard constrains a design solution or otherwise limits what they would like to do with their property or their building? In thinking about relief, it often is useful to distinguish concerns about what the allowable uses are (recognizing that use variances are illegal and the only way to accommodate different uses would be through a zoning code or map amendment) from concerns about how to accommodate a design or improvement on a lot. Relief may be needed from physical development standards (e.g. setbacks or fence height limitations) or from performance requirements that relate primarily to the impact of a use or building design on an adjacent lot.
• How important are neighbor concerns in the decision-making process? If an applicant follows the rules, does the City have the right to require changes to a design solely because of a neighbor’s objections? Are there limitations on conditions of approval or are all elements of a project “negotiable”? Does the City distinguish “as-of-right” development applications from those requesting exceptions to the standards in weighing how far to go to respond to community concerns? Design Professionals
Architects and other design professionals typically want to know the answer to the same questions applicants pose, but because of their specific role in a project, they often want to know more specifically how much flexibility the ordinance allows for site planning and architectural design. If the City wants to mandate certain design solutions, as opposed to “encouraging” a type of design, the ordinance should say so to avoid misunderstandings during the development review process.

Zoning and Subdivision Ordinance
Assessment Report
7 An example of a mandated design solution is a requirement for windows or display spaces and a prohibition of blank walls on retail frontages. In this context, design professionals also want to know whether the mandate is a guideline or a development regulation. If it’s a regulation and the proposed building design doesn’t benefit from adding windows, it will be necessary to request a specific form of administrative relief, which could be a variance or a design modification, in order to deviate from the dimensional requirements. By contrast, if the mandate is a design guideline, it may be possible to propose an alternative design solution that meets the guideline’s objective without applying for a variance or use permit to waive design standards if the ordinance provides for alternative ways to comply with a guideline.

The flexibility that a design professional typically seeks includes:
• Relief from overly prescriptive standards, including setbacks, building height, bulk and articulation, landscaping, location of parking, and architectural design standards (e.g. colors, finishes, porch dimensions, roof pitches, etc.); • Relief from provisions that constrain energy efficiency and water conservation; • Relief for buildings with historic or architectural character; and • Relief for uses or activities with unique needs (e.g. artist studios, churches, personal improvement uses).

City Staff and Officials
City staff and officials also want flexibility for a number of reasons:
• To respond to community concerns;
• To implement the General Plan, Local Coastal Plan, and other City plans and initiatives, and to further public policies;
• To reconcile competing priorities;
• To protect unique and special resources, which may range from coastal resources to historic buildings, affordable housing, and special retail uses; and • To respond to new or emerging technologies, services, or activities.

Residents and Business Owners
While planners and City officials strive to respond to community concerns, residents and business owners don’t always have the same perspective on zoning, particularly if they feel their interests are not served. Many critical issues are decided when a General Plan/Local Coastal Plan is prepared; however, as implementation details are worked out, community thinking about General Plan/Local Coastal Plan direction may evolve, and there may not be consensus on all of the regulatory solutions proposed to implement the plan.

City of Hermosa Beach
8 Neighbors want to know with some certainty what can be built, so there are no surprises once construction begins. However, if they have concerns, they would like to know what the process is for community input – how much flexibility the City has to condition approval and what they can do to affect the final result.

Business owners likewise want to know whether they can expand or adapt space to new uses or activities. Being able to respond quickly to changing markets is important, and lengthy review times are counterproductive to that objective.

Tradeoffs
As the City considers the next steps for regulatory reform, discussion of choices could address these basic philosophical issues:
• Flexibility vs. predictability: Are the zoning and subdivision regulations intended as a rule of law or a rule of individuals? Should the area for negotiation be wide or narrow? To what extent should this be determined by the code or by practice? • Flexibility vs. administrative cost: What are the costs to the applicant, to opponents, and to the City’s tolerance for hearings?
• Development cost vs. quality: Standards should be written with an understanding of their effect on developers' and consumers' costs and on the quality of the environment for both user and community at large.
• Preservation vs. development: Will a particular regulation stimulate or dampen change in uses, users, or appearance? A related issue is whether adopting a new standard will result in a proliferation of nonconforming conditions, which could also discourage investment.
• Under regulation vs. over-regulation: How does the community strike the right balance and find the least number of rules that will do the job? Striking the right balance will not be easy, and lessons from similar communities that have recently amended their zoning and subdivision regulations can enable the City to avoid mistakes others have made and achieve its goals for economic development and sustainable land use.

Zoning and Subdivision Ordinance
Assessment Report
9 3 USABILITY
The need to make Hermosa Beach’s Zoning and Subdivision Ordinances more user-friendly and concise was an important issue expressed by staff and observed by the consultant team.

Ordinance users find that the text of the Ordinance is complex and that interpretations may differ among staff. The document is difficult to navigate and should rely more extensively on pointers and references to direct users to appropriate regulations. A well-organized code is easy to use, navigate, and understand. This section contains general observations about the existing organization, format, and usability, as well as strategies for improving these aspects of the existing Ordinance.

Organization and Style
The City’s current Zoning Ordinance, Title 17 of the Hermosa Beach Municipal Code, is organized in a manner that exhibits an underlying structure that generally follows a flow from introductory provisions, to zone standards, citywide standards, and finally administrative procedures.

While the underlying structure can be recognized by those with ample ordinance-using experience, this structure is not intuitive or obvious to the average user.

The Ordinance lacks a user-friendly structure with clear hierarchy and chapter numbering is not consecutive. Some chapters appear to follow a pattern of every second number (ex. 17.02, 17.04,

17.06) while others don’t (ex. 17.50, 17.53, 17.54, 17.55). The chapters that follow a pattern of every second number appear to be original, while chapters that don’t follow this pattern appear to be later amendments. Over the years, as sections and chapters have been updated or added, there hasn’t been a comprehensive reformat of the Ordinance, resulting in a disorganized format as well as inconsistent organization of each individual section.

The organization of Hermosa Beach’s Zoning Ordinance can be improved in several ways, with the overall organization and formatting reflecting a systematic, consistent, and sound arrangement to facilitate understanding. First, the City should consider a new level in the organizational hierarchy—Part—to organize the 39 chapters into logical groups intended to make the zoning ordinance easier to navigate. For example, the chapters contained in Title 17 could be grouped into five parts to provide an additional level of organization. • Part I: Introductory Provisions
• Part II: Zone Regulations
• Part III: Citywide Standards
• Part IV: Administration
• Part V: Terms and Definitions

City of Hermosa Beach
10 With this organization, the ordinance progresses from the most often referenced to the least—with basic provisions in the beginning, followed by regulations of specific zones, citywide standards, and then administrative chapters. As a general rule, the most frequently consulted provisions should come before provisions less frequently consulted. A final part or division can group all definitions and standards of measurement together, so that users have access to a comprehensive reference section in an easily located place.

Next, the Ordinance could be enhanced with a comprehensive index and table of contents so that users do not have to scour the text for a section when needed. Finally, the City should supplement these organizational revisions with improvements to the appearance of the text itself, including wider spacing, different fonts for chapters, sections, and the main text, and consistent indentation.

Zoning and Subdivision Ordinance
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11 Code Complexity
The organization of the current Ordinance leaves standards of development spread out among various sections. Because standards are dispersed, users are left with a nagging fear that a “hidden” regulation might affect the viability of a project. Uncertainty regarding development possibilities can be a significant barrier when attempting to attract investment. Also some development standards result from or have been derived from ballot measures, which is not always clearly articulated.

Overall, the chapter ordering of the Ordinance is not always intuitive, and sections that should be grouped together are often found far apart or separated by other chapters. Accessory Dwelling Unit standards, which are applicable in multiple zones are located in their own chapter in the midst of chapters of zone standards. Mixed-use development standards and educational institution standards, which are only applicable in the C-1 and C-3 zone, respectively, are located in a chapter with development standards applicable to uses in multiple zones, Chapter 17.40, Conditional Use Permit and Other Permit Standards. Additional standards for specific uses, are located in a third chapter, Chapter 17.42, General Provisions, Conditions, and Exceptional Uses.

Hermosa Beach should ensure that the Zoning Ordinance functions efficiently and with the fewest number of provisions necessary to achieve its goals. To this end, related content should be organized together and unnecessary sections of the Ordinance should be removed in order to avoid ambiguity and reduce the sheer bulk of the Ordinance.

Lack of Clear Definitions and Rules of Measurement
Though the current Zoning Ordinance includes three sections of definitions, some terms that should be defined, are not, some definitions are overly specific, and others include development standards. The definition of ‘grade’ includes a statement that the determination of grade is to be made by the Community Development Director. The definition of ‘open space’ identifies acceptable encroachments. Definitions should convey the meaning of a term; standards should be located in the body of the regulations. The definitions should be updated to include modern terminology and be made more general so that they will apply to terms as they are used throughout the Zoning Ordinance and other City codes. Where possible, definitions should also align with those of other applicable rules and regulations such as the Building Code, State Alcoholic Beverage Control regulations, and State housing laws.

The Zoning Ordinance does not include a separate chapter on rules of measurement; rules for the calculation of standards are located throughout the ordinance. In some cases, such as lot coverage, and determining the baseline points for measuring building height, they are incorporated into general definitions. Others are located among regulations for specific development aspects. The calculation of floor area is located within the definition of ‘gross floor area’ in the definitions section of the off-street parking regulations. Clear rules of measurement ensure that all users are able to determine the way that standards should be applied in the same

City of Hermosa Beach
12 Tables with cross references enhance usability.
manner in order to arrive at the same conclusion. Locating a complete set of rules of measurement in one location, either at the beginning or the end of the Ordinance, provide an easy-to-locate reference tool to ensure consistent interpretation and application of standards.

Underutilized Tables
The existing Ordinance does utilize tables to
present certain regulatory requirements,
although inconsistently and sparingly. The C-1,
C-2, C-3, and M-1 zones and Specific Plan Area
No. 11 use tables to present use regulations
while all other zones and plan areas list use
allowance or cross-reference other zones for
use allowances.

Tables can greatly improve the readability of
complex regulations and could be used more
extensively to organize and more clearly
present information throughout the Ordinance.

Use regulation tables can specify the level of
review required, list any limitations on permitted
uses, and provide cross-references to other
sections of the Ordinance where additional
regulations apply. Development standard
tables can list dimensional requirements for lots,
setbacks, heights, and other standards with
cross-references to other applicable sections of
the Ordinance. This approach helps avoid
unnecessary redundancy, repetition of
provisions, and confusion from conflicts.

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13 Illustrations of standards, such as these in the City’s Height Requirements & Calculating Height handout, aid in interpretation.

Absence of Illustrations
In addition, the current Zoning Ordinance provides few graphic examples or illustrations. Graphics can clearly depict standards for measuring building height or yard setbacks, while verbal equivalents are prone to misinterpretation and uncertainty. Clarifying visual examples of measurement standards, development standards, and other complex provisions, similar to those included on the City’s Height Requirements & Calculating Height handout, help with understanding and enforcement. Incorporating illustrations such as these into the Zoning Ordinance can communicate development regulations more clearly and in less space than written standards.

City of Hermosa Beach
14 4 ZONES
Zoning districts, or zones, create the framework for implementation of General Plan policies and land use designations. The General Plan establishes land use designations and the overall policy basis for land use and development. Zoning then establishes zones which are intended to define distinct locations for different uses, consistent with general plan land use designations. The Zoning Ordinance includes standards for each of these zones with detailed regulations as to what uses are permitted, what uses are allowed, and what physical development standards apply.

Zones to Implement PLAN Hermosa
PLAN Hermosa builds upon the city’s historic
development pattern to accommodate
anticipated population and employment
growth. The Land Use Designations Map in PLAN
Hermosa indicates the intended use of each
parcel of land in the City. The land use
designations were developed to provide both a
vision of the organization of uses in the City and
a flexible structure to allow for changes in
economic conditions and community vision.

There are four categories of land use
designations: Residential, Commercial, Creative
Industrial, and Institutional. The majority of
individual designations within these four
categories are consistent with or similar to
previous designations or existing development
types. Others are new, including Public Facilities
and Beach land use designations. In these
situations, new zones on the Zoning Map and in
the Zoning Ordinance are warranted.

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15 Streamline Existing Zones
There may also be opportunity for streamlining existing zones and eliminating those that are no longer necessary. For example, the only differences between the R-3, Multiple-family Residential, Zone and the R-P, Residential Professional, Zone are variations in lot coverage allowances, height considerations, and that the R-P Zone allows office as a conditionally permitted use. The R-P Zone is within the High Density Residential Land Use Designation in PLAN Hermosa and its existing development consists solely of residential uses. In the interest of creating a concise and userfriendly zoning ordinance, the total number of zones should be minimized and zones that are not necessary, such as the R-P Zone, should be removed or consolidated.

Additionally, the Zoning Ordinance also includes 10 Specific Plan Areas. The regulations for these Specific Plan Areas vary in content and detail, ranging from refinements to the residential housing types allowed and minimum lot area per dwelling for an individual residential development to detailed use regulations and development standards for a large portion of Pier Avenue. Each of the Specific Plan Areas should be reviewed for relevance and their potential to integrate necessary standards into zone regulations. In some cases, relevant Specific Plan Areas standards may be integrated entirely into other base zones. In other cases, a unique zone may be warranted.

Zone Presentation and Organization
The Zoning Ordinance will benefit from combining similar zones, where appropriate, and by renaming zones to reflect the General Plan land use designation and provide information regarding the purpose and nature of the zone. Zones can then be consolidated into related groups, such as Residential, Commercial and Mixed-Use, Industrial, and Public and Semi-Public districts, similar to how the C-1, C-2, and C-3 zones are consolidated into one chapter in the existing Zoning Ordinance. When zones are consolidated, the differences among individual zones are identified through purpose statements and reflected in the use regulations and development standards, which will vary based on the unique characteristics and purposes of the zone.

City of Hermosa Beach
16 5 DEVELOPMENT STANDARDS
The importance of quality design in community spaces and residential neighborhoods cannot be overemphasized. A well-designed city directly elevates the quality of life, which in turn, attracts investment and increases communal pride.

As Hermosa Beach redevelops over time, the City will continue to face design challenges. The current Zoning Ordinance does not have sufficient standards to appropriately guide and regulate development especially in building appearance and design compatibility. Development regulations that address the building form and site design of new development can respond to differences in character, promote a desirable physical form, and ensure that more intense uses of land do not become public nuisances.

The Zoning Ordinance does not address the physical form of development in an organized or complete fashion. The current Zoning Ordinance was first written at a time when Ordinances focused on regulating use rather than design. More recently, design-oriented approaches are replacing traditional, use-based zoning as a means of addressing the physical character of development. Hermosa Beach has followed this trend over the years, as development standards and requirements have been added. In some instances, they have been added with little analysis of how all the standards work together and collectively influence resulting development. In other instances, such as Specific Plan Area No. 11, detailed development standards that address many aspects of site development and building design have been adopted.

PLAN Hermosa provides a foundation for implementing zoning techniques designed to improve the physical form of new development. It recognizes that distinct neighborhoods, districts, and corridors contribute positively to the overall structure and character of the City. Fourteen character areas are identified, defined by their future vision, intended distribution of land use, and desired form and character. PLAN Hermosa also includes a number of policies related to design, including, but not limited to:

1.6: Scale and context. Consider the compatibility of new development within its urban context to avoid abrupt changes in scale and massing.

2.7: Context sensitive design. Wherever feasible, orient residential buildings to address streets, public spaces or shared private spaces, and consider the physical characteristics of its site, surrounding land uses, and available public infrastructure.

2.8: Neighborhood transitions. Encourage that new development provide appropriate transitions in scale, building type and density between different land use designations.

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17 3.5: Compact office formats. New employment uses should be designed in a compact format with minimal front setbacks from the street, typical lease spans of 40 feet or less, and where feasible, combined with other commercial uses.

6.6: Human-scale buildings. Encourage buildings and design to include human-scale details such as windows on the street, awnings and architectural features that create a visually interesting pedestrian environment.

Physical Form and Design Related Standards
In order to implement PLAN Hermosa policies, the City will need to adopt new development regulations to address the form and design of new development, such as standards for the following:
• Location of a building on a lot – where a building may or must be built to the street and where setbacks are required;
• Building form and massing;
• Façade design and articulation;
• Orientation of building entries;
• Transparency – pedestrian level windows offering views into buildings and displays; • Limitations on blank walls;
• Relation to adjoining sites;
• Location and screening of parking; and
• Landscaping.

Establishing minimum design standards will set the tone for the type of development the City hopes to attract. These standards will allow developers and designers to know exactly what is Form-related standards can help achieve high quality design.

City of Hermosa Beach
18 expected of them. At the same time, flexibility can still be achieved by allowing a modification of standards so long as certain findings and criteria are met. Flexibility is particularly important given the varied lot sizes and topography that characterize City.

Tailor Standards to Reflect Character Areas
It would be difficult for the City to prepare a single, comprehensive set of design requirements as neighborhoods, districts, and corridors within Hermosa Beach have distinct characters that required tailored regulations so that new development is appropriate to the context of the area.

Standards should be refined to foster the type of character desired within various areas of the City. In pedestrian-oriented areas, the objective should be to have buildings enclose a street and provide an interesting, engaging front, making walking and shopping pleasurable. In more auto-oriented areas there is more potential for incompatibility between uses, so landscaping and screening may be important.

Development standards should also address compatibility and ensuring that new buildings fit amongst existing buildings. The ordinance should detail how to address contextual issues of building placement, scale, massing, and height and include standards to ensure sensitive transition from more intense development to surrounding neighborhoods.

While each zone or area should have individually tailored requirements, the organization of the requirements should be uniform, so that users can easily ascertain the requirements for a particular zone.

Objective Design Standards
The State of California has adopted recent
legislation to address the State-wide housing
shortage and now requires a streamlined and
ministerial process for specific residential
developments, including multi-unit residential
development and mixed-use development with 2/3
of the square footage for residential use. These types
of projects must be reviewed against existing
objective standards rather than through a
discretionary entitlement process.

Objective Standard (per State law):

One that involves no personal or
subjective judgment by a public
official and uniformly verifiable by
reference to an external and uniform
benchmark or criterion available and
knowable by both the development
applicant and the public official prior
to submittal.

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19 An update to the Zoning Ordinance provides an opportunity to establish objective standards to achieve quality designed housing projects without subjective interpretation or a complex review and approval process, consistent with State law requirements.

Residential Development
The Zoning Ordinance currently establishes standards for multi-family development primarily in Chapter 17.16 – R-3 Multiple-Family Residential Zone and Chapter 17.24 - RPD Residential Planned Development. Basic standards include height, front yard, side yards, placement of buildings, area, lot coverage, usable open space, and lot area per dwelling. Projects typically require discretionary review by the Planning Commission where more qualitative conditions are applied to ensure compatibility with neighborhood context and to elevate design quality. The Zoning Ordinance update provides the opportunity to refine existing quantitative standards and develop new objective standards that capture the qualitative conditions typically applied to multi-family residential projects through the discretionary process. Objective standards should be developed to ensure that development is compatible with the surrounding neighborhoods, that quality materials are used, and that building form and scale is appropriate to the site. Such standards may address the following:
• Setbacks;
• Building heights;
• Floor area ratio (FAR) or lot coverage;
• Usable open space
• Relation to neighboring buildings (stepbacks and articulation versus “compatibility in scale”);
• Explaining in details the characteristics of a particular architectural style and list the required components;
• Limits on blank wall (breaks in blank walls every X feet); • Building frontage requirements (number of doors, space between doors and garage, etc.);
• Material requirements;
• Color requirements; and
• Consistency with neighborhood character (if defined in an objective manner).

To support consistent application of objective standards, it is recommended that images and exhibits representing a suggested design topic or standard with text callouts be developed in the new Ordinance, where applicable, to illustrate the design intent.

City of Hermosa Beach
20 Mixed-Use Development
Chapter 17.40.180 – Mixed-use Development (C-1 Zone) of the current Ordinance provides the opportunity to establish mixed-use development subject to approval of a conditional use permit, a discretionary permit process, within the C-1 Limited Business and Residential zone. The residential portion of a mixed-use development is subject to the development standards of the R-3 Multiple Family Residential Zone with a few tailored exceptions relating to condominiums, percentage limitation of first floor residential use, front setbacks, lot coverage and trees. General development guidance is provided for noise, security, and lighting. In addition, parking requirements are provided in Section 17.44.010 Off Street Parking – Mixed Use where required parking is determined using on the sum requirements of all individual uses.

While State law requirements for objective standards and a streamlined review process apply to mixed-use development with 2/3 of the square footage for residential use, mixed-use development may be comprised of a number of different use combinations. By providing a variety of uses within close proximity, mixed-use development can reduce automobile dependence, preserve green space and natural resources, promote revitalization, enhance economic development. Mixed-use developments can also provide for a wide range of housing types and choices for different income levels and may increase affordable housing opportunities.

Development standards tailored to the unique attributes of mixed-use development can provide greater assurance of compatibility with neighborhoods and better alignment with market considerations.

While the objective standards and a streamlined review process is required for certain mixed-use developments, the City should consider establishing objective standards and streamlined review for other types of mixed-use developments in order to promote their establishment while ensuring appropriate design and siting. Mixed-use development standards should address compatibility issues while providing flexibility for combining residential and commercial components with active, pedestrian-oriented ground floor uses, where consistent with PLAN Hermosa. In addition to the physical form and design related standards discussed previously in this paper, customized mixeduse regulations should consider the following:
• Location of desired land uses;
• Public and private access;
• Building placement and orientation;
• Residential private open space;
• Common open space;
• Noise, light, and odor control; and
• Location and screening of parking, loading, and service areas.

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21 Provide Flexibility
In many instances, particularly in areas like Hermosa Beach with small lots with existing development, the need for flexibility in the application of development standards is not a reflection of the quality of the project or design, rather a reflection of site constraints that limit the effectiveness of a ‘one size fits all’ approach. The existing Zoning Ordinance provides for little flexibility in the application of development standards. The two primary avenues available for modification of development standards in the current Zoning Ordinance are variances and administrative variances. Specific findings related to unique characteristics of a property are required to approve variances and administrative variances are limited in scope and the legality of administrative variances is unclear.

As the City incorporates additional development regulations into the Zoning Ordinance, the City should create additional opportunities for gaining relief from codified locational, developmental, and operational standards in cases where modifications are warranted by special circumstances that may not meet the requirements for approval of a variance based on physical hardship. This could be done in the form of additional provisions for approval of waivers and exceptions, including Staff level approval of a so-called de minimus waiver from dimensional standards.

Options include a minor modification that allows for specified dimensional modifications (e.g. less than a 10 percent reduction in setbacks and fence heights) that would have a negligible impact and are non-controversial in nature. Some jurisdictions provide one level of adjustment without notice and a slightly higher level of adjustment with notice and the opportunity for neighbors to request a public hearing.

City of Hermosa Beach
22 6 USE REGULATIONS
Use regulations detail the type of uses that are allowed, the review process, and specific limitations that apply to a particular activity or use. Use regulations have traditionally been used to separate incompatible land uses, minimize nuisances, and limit adverse effects on neighboring properties.

Each zone currently contains a list of permitted uses and some list conditionally permitted uses.

Residential zones allow any use permitted in less intense residential zones (ex. The R-3 Zone allows any use permitted in the R-2 Zone). Some zones, including the C-1, C-2, C-3, and M-1 zones and SPA-11, present use regulations in tables with cross references to use specific standards.

There are outdated and overly specific uses, such as ‘detective agency’, ‘messenger service’ and ‘computer and Internet access center’. Other times, uses with little distinction between them are regulated separately. ‘Toy store’, ‘clothing and wearing apparel sales and service’, ‘department store’, drugstore’, ‘florist or plant shop’, and ‘hobby and craft sales and services’ are all examples of similar retail services, and that may even occur within a single retail establishment, that are separately regulated.

The Ordinance lacks a comprehensive list of defined uses that are regulated by the Ordinance.

Commercial land uses are grouped into a single section of the Zoning Ordinance while residential uses are mixed in with definitions of general terms in a separate section. Some uses are not defined.

During the course of stakeholder interviews,
attracting and retaining retail and restaurant uses in
the Downtown was identified as one of the greatest
challenges facing the City today. Over the years,
the City has added strict and inflexible standards to
the Ordinance and conditions of approval to
individual projects that limit operations of
commercial uses, particularly establishments that
serve alcohol and provide live or late night
entertainment. While these standards and
limitations were intended to maintain and improve
community livability, and reduce nuisance activity,
particularly in areas with commercial and residential
adjacencies, they have also stifled potential
economic investment in the Downtown and along
the corridors. The Zoning Ordinance update effort
provides the opportunity to update the City’s
approach to use regulation to reflect modern uses,
current development practices, and State and
Attracting and retaining retail and
restaurant uses in the Downtown is a
challenge.

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23 federal law and support community objectives such as economic development, increased walkability, diversity of housing types, and vibrant urban centers. Through well-crafted regulations, the Zoning Ordinance can maximize the City’s economic development “pluses” and support economic investment, while ensuring it does not create undue impacts on its neighbors.

Adopt a Use Classification System
The Zoning Ordinance should ensure that every use regulated by the ordinance is defined through a clearly defined modern classification system, which places land uses and activities into groups based on common functional, product, or physical characteristics. There are many advantages to this type of use classification system. Listing use groups instead of specific uses help streamline the use regulation parts of the Ordinance. Categories are also broad enough to allow classification of new, unanticipated uses, so that the City does not need to amend these sections or make interpretations as frequently.

Under this system, all use categories would be defined in a single chapter of the Code. This chapter would organize use categories into groups such as residential; public and semi-public; commercial; industrial; and transportation, communication, and utility uses. This way, similar uses are found near one another for comparison when a classification question arises. The official names of each use group would be utilized throughout the Code in a consistent manner, with the definitions chapter serving as a reference.

Reflect Contemporary Land Uses
To help modernize the Zoning Ordinance, the use classification system described above should eliminate obsolete uses (i.e., those no longer allowed, or outdated terms) such as game arcade and miniature golf course, and also include new contemporary uses such as industrial flex space and shared office spaces.

Ensure All Zones Allow Appropriate Land Uses
The allowable uses within each zone should be evaluated for compatibility with the purpose of the zone, the corresponding land use designation in PLAN Hermosa, and reflective of contemporary use and development trends. In particular, use regulations in nonresidential districts should be evaluated to allow a broader range of uses, reflecting the changing nature of land use and allowing a creative combination of uses, consistent with PLAN Hermosa. In particular, M-1 Zone use allowances should be evaluated, balancing the need to protect the accessibility of the area for production, design, and manufacturing uses and allowing non-manufacturing uses that are conducive to and supportive of the viability of creative and innovative endeavors.

City of Hermosa Beach
24 Standards for Specific Uses
Regulations applicable to specific land uses are currently found throughout the Ordinance. An entire chapter, Chapter 17.21, is dedicated to standards for Accessory Dwelling Units. Chapter

17.40, Conditional Use Permit and Other Permit Standards, and 17.42, General Provisions, Conditions and Exceptional Uses, both contain specific standards for multiple uses. The fact that these regulations pertaining to particular uses are scattered throughout the Ordinance makes it hard for users to find them and determine which special regulations apply to a particular project.

Some use definitions in the existing Ordinance include limitations, requirements, and allowances related to the use. For example, the definition of “Hotel” includes a statement that the decisionmaking body has the authority to set any limitation on the number and/or type of kitchenette facilities provided in the guest rooms for projects located on parcels of greater than 20,000 square feet. Although these provisions may be appropriate, embedding them within the use definitions complicates administration and makes it difficult for applicants to determine which development standards apply to a particular proposal. These regulations should be addressed in separate sections of the Ordinance where the limitations are visible and adequately discussed. For example, they may be located in a chapter dedicated to standards for specific uses and referenced in the use regulations for each zoning district.

The City should consolidate requirements that are applicable to specific uses and activities into a single chapter. Within this chapter, the uses can be alphabetized, making them easy to locate.

The standards for specific uses can be referenced in the land use tables in the zone regulations, which will reduce overall wordiness in the Ordinance.

When revising use regulations, the City should be sure to reevaluate and expand its regulation of uses that create potential incompatibilities with surrounding properties. The City should incorporate explicit performance standards to ensure that the operation of one use does not cause an undue burden upon the use and enjoyment of adjacent property and everyone is clear on what the requirements are.

Finally, the City should evaluate the limitations in the Ordinance and project approvals on establishments that serve alcohol and provide entertainment in in seeking a better balance of achieving community goals for a vibrant local economy and the revitalization of the downtown core while minimizing adverse impacts. The Ordinance should be evaluated in terms of creating opportunities for new investment to achieve these goals, in consideration of other mechanisms the City may employ to address public nuisances and poor behavior of individual establishments.

All of these modifications to the existing use classification system and development standards will work to reduce the need for discretionary review of new development. With clarified requirements and a more comprehensive scheme of use classification, approvals will encounter fewer delays, with heightened assurances of appropriate development and compatibility with adjacent properties.

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25 7 PARKING REQUIREMENTS
Parking was by far the most frequent issue raised by stakeholders. The topic has been the focus of many community conversations and planning efforts, including, but not limited to PLAN Hermosa and the Downtown Core Revitalization Strategy. The City recently completed a Parking Management Study and Recommended Parking Standards for the Coastal Zone which included a parking inventory, occupancy analysis, demand analysis, and recommendations for parking strategies.

Parking requirements have a large influence on the ability to utilize property. Because of the high costs of building and maintaining off-street parking, minimum parking requirements can raise barriers to reuse underutilized parcels. This is particularly true in already built-out areas, such as Hermosa Beach, where there may not be enough space to provide required parking. Where additional parking spaces cannot be provided due to site constraints, businesses are deterred from expanding or investing within the City.

The quantity, location, and appearance of parking areas also have a substantial impact on the character and functionality of streets, commercial corridors, and residential neighborhoods. Too much parking can limit the utilization of a property and be an impediment to achieving a wide range of community goals. Too little parking can impede accessibility and impact neighborhoods.

The amount of parking is optimized when it strikes a right balance between supply and demand.

For roughly 50 years, cities across the country, including Hermosa Beach, have included minimum requirements as a means of mitigating the impact of parking demand on public streets. These minimum parking requirements are based on inaccurate assumptions and do not reflect actual parking demand. For example, in Hermosa Beach, many of the minimum parking requirements were derived from the Institute of Traffic Engineers Trip Generation Manual and do not reflect local conditions.

This approach to parking demand mitigation has created a number of unwanted side effects, including:
• Reducing the viability of reuse of existing buildings; • Limiting options for development on smaller lots or awkwardly-shaped sites; • Discouraging alternatives to automobiles (by promoting an overabundance of parking, alternatives like walking, cycling, transit and car-sharing are at a distinct disadvantage);
• Eroding pedestrian environments by increasing the proliferation of land devoted to the automobile, creating large swathes of inhospitable surface parking lots; and

City of Hermosa Beach
26 • Adding to the cost of living, since the cost of providing minimum required parking is passed down to the consumer in the price for goods, services, and housing, creating an unfair burden for those who do not drive.

As such, cities are increasingly turning to other mechanisms as ways of addressing parking concerns including increasing alternative transportation options and employing parking management techniques.

Additionally, our transportation systems are on the cusp of one of the fastest and most transformative shifts in history. The demand for shared mobility services is an early sign of behavior change. Autonomous vehicles are being used on streets today. These changes will have great consequences for parking demand. Although it is unknown exactly what these consequences will be, it is certain that there are more transportation options available than before and people are no longer dependent on individual vehicles for access and mobility. The future transportation system and our mobility choices will continue to have a lot more flexibility. Mobility choices will not be primarily limited to a personal vehicle or existence of a transit line.

Reduce or Eliminate Minimum Parking Requirements
All of the parking requirements should be evaluated and reduced where appropriate based on actual and
anticipated parking demand and in consideration of the
collective of City goals, including economic
development, pedestrian orientation, housing
affordability, and sustainability; of the recommendations from the Coastal Zone parking study and Downtown Core
Revitalization Strategy, of the changing nature of our
transportation systems; and of a parking management
program. For example, the Downtown Core Revitalization
Strategy included a number of recommendations to
encourage a more pedestrian-oriented district, including:
• Locating parking off-site
• Reduced parking for commercial, restaurant,
office, and retail uses
• Reduced parking for mixed-use development
• Vehicle parking reductions for the provision of bicycle parking • Utilizing net usable square footage as the basis for parking calculations, rather than gross square footage
In revising parking requirements, the City should consider providing uniform parking requirements for grouped land uses with similar space and operational requirements. The City could still provide

Zoning and Subdivision Ordinance
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27 separate requirements for land uses with particular space and operational requirements that generate unique parking demands. Standardizing parking requirements so multiple uses have the same requirements can ease administration and provide flexibility with regard to re-use and reinvestment. Flexibility could also be offered in the way that parking is designed and located, such as allowances for tandem, valet, and stacked parking (parking lifts), thus providing more opportunity for parking in less space.

The City should consider varying or adjusting parking requirements by district as well, considering the availability of street or public parking supplies in a particular district.

Exempt Small Commercial Establishments
The City should consider providing an
exemption from the off-street parking
requirements for small commercial
establishments, such as those under 1,500
square feet of gross floor area. This exemption
could be across the board or limited based
on certain characteristics, such as new uses in
existing buildings, uses located in pedestrian
oriented commercial districts, or uses within a
commercial center with shared parking
facilities. For many small retail and business
uses, available on-street parking in the City’s
commercial districts and corridors or shared
in a shopping center is adequate for their
parking demand. Alleviating small commercial establishments from providing parking may help fill vacant storefronts and incentivize redevelopment.

Exempt or Reduce Parking Requirements for Changes of Use It is often infeasible to provide additional on-site parking on an already developed site, thus limiting the types of new uses that may locate in an existing building. To support the continued occupancy of existing buildings, the City could consider not requiring additional parking where a new commercial use is established in an existing building even if the new use is subject to a higher parking requirement than the previous use, provided existing parking is retained and there is no change to the building that results in additional gross floor area. Alternatively, when a new business moves into a building where the existing use had a legal nonconforming parking deficiency, the new use could be credited the number of required parking spaces unmet by the previous use. While this parking credit is available in the Downtown District, the City should consider applying this approach on a broader scale.

Parking exemptions can incentivize small
commercial establishments.

City of Hermosa Beach
28 8 DEVELOPMENT REVIEW AND

APPROVAL
Zoning provisions governing development review and other administrative matters create the procedural environment through which the City can achieve the goals and policies laid out in its General Plan and other adopted policies. At their best, development review provisions can promote the type of development a community wants by providing a clear, predictable path to project approval; conversely, vague review processes with unclear requirements can cause developers a high level of anxiety, frustrate community residents, and severely dampen a City’s ability to attract desirable growth.

Generally, prospective investors value three central qualities in any administrative code: 1) certainty in the requirements and structure of the review process, 2) built-in flexibility to adjust development standards to the needs of individual projects, and 3) opportunities to request relief from requirements that constitute a substantial burden. Certainty about the types of development they can expect to see in their community is also important to residents. The degree to which Hermosa Beach can incorporate these qualities into its Zoning and Subdivision Ordinances will help improve its ability to compete for desirable development. This section contains general observations about the existing development review procedures and strategies to streamline development review and approval process.

Reliance on Discretionary Review
The flexibility of a zoning ordinance is largely defined by its hierarchy of uses and their required permits. This hierarchy establishes the different levels of review the ordinance requires to make various types of decisions. These decisions typically range from a relatively informal counter staff review of proposed uses and structures for compliance prior to the issuance of a building permit or business license to more formal and complex procedures requiring public notice and a hearing before the Planning Commission prior to issuance of a use permit or other discretionary approval.

The primary factor influencing a project’s place in the hierarchy of uses is whether the proposed use is permitted "by right" or allowed subject to certain conditions, or whether a Conditional Use Permit or other permit type with review by the Planning Commission, is required. This determination is a reflection of community issues and concerns that should be embodied in the General Plan.

Decisions about where an application fits in the hierarchy may also, however, be influenced by how a jurisdiction selects and designs administrative techniques. It is often possible, for example, to reduce the review threshold for a particular type of application (i.e. place it lower in the hierarchy), by increasing the specificity of development standards and performance-based criteria.

Zoning and Subdivision Ordinance
Assessment Report
29 Adjust Review Thresholds
The Zoning and Subdivision Ordinance Update provides an opportunity to adjust review thresholds based on analysis of the types of issues and projects in the City that have typically generated the most interest and concern. For example, projects that currently require Planning Commission approval but are consistently approved without public comment, such as small condominium projects, might be shifted to the jurisdiction of the Community Development Department Director.

Generally speaking, responsibilities should be assigned with a view toward minimizing the number of players involved in making any given decision, while increasing opportunities for meaningful public input.

The number of uses that require discretionary review can be reduced by including carefully crafted standards and restrictions that are specific to specific uses throughout the City or in particular zones into the Zoning Ordinance. As a result, the community and decision-makers may be confident their vision is being implemented and may reduce the need to weigh in on individual projects, allowing more projects to be approved administratively.

There are a variety of approaches the City could use to reduce the number of uses requiring review, including permitting more uses by right subject to:
• Compliance with development and design standards that could be added to the Zoning Ordinance based on the General Plan’s goals for design quality; • Compliance with new standards and requirements that reflect “standard conditions” that are typically imposed when such uses have been conditionally approved; and • Compliance with specific limitations on location, floor area, hours of operation, and similar features that are the source of potential adverse impact.

Consider a Minor Use Permit Process
The City may also consider a new type of use permit – a Minor Use Permit – approved by the Community Development Director. The Minor Use Permit would be required for uses that are “limited in scope and impacts” but which currently require a hearing by the Planning Commission, or could be used for minor amendments to Use Permits. Applications for Minor Use Permits would be subject to public notice and a hearing before the Director would only be held if someone requested one. All decisions would be subject to appeal. The Director would also have the authority to defer action and refer the application to the Planning Commission for final action.

Notice of decision or notice of pending decision could be given to Planning Commissioners with an option for the Planning Commission to call for review of a project. Such a procedure creates more certainty in the process for both the community and developers while still providing opportunities for meaningful public input. Conditional Use Permits would be reserved for uses that pose potential or significant land use compatibility issues and warrant Planning Commission review and approval.

City of Hermosa Beach
30 Ordinance-users expressed that it wasn’t always clear what the review process or who the review authority was for a given decision.

Unclear Review and Approval Procedures
Ordinance-users expressed that it wasn’t always clear what the review process or who the review authority was for a given decision. Chapter 17.68, Procedure, Hearings, Notices and Fees, of the current Zoning Ordinance contains some common permit procedures. Other chapters contain permit-specific provisions for reports of decision and findings, effective dates, appeals, reapplication, revocation, and expiration. In many cases it is unclear how these procedures differ from permit to permit, especially when many other aspects of the permit procedures, including review body, are the same. For example, both parking plans and conditional use permits are subject to Planning Commission approval. The Zoning Ordinance is clear in stating that a decision by the Planning Commission of a conditional use permit may be appealed to the City Council.

However, for parking plans, the Zoning Ordinance states that processing procedures are to be set by resolution of the City Council and is silent on appeal procedures, leaving many questions. Is a parking plan appealable? If a parking plan is submitted along with a Conditional Use Permit and the Conditional Use Permit is appealed, is the parking plan up for consideration as part of the appeal?
Clearly distinguishing the issuing authority and applicable review process helps clarify the level of review required for a project. Additionally, procedural nuances between different types of approvals, often with the same review authority, is confusing. The creation of a simplified permit structure that establishes a limited number of procedural tracks for approvals would provide greater clarity for all users and simplify administration.

Zoning and Subdivision Ordinance
Assessment Report
31 Clarify Administrative Procedures for All Decisions
The updated Zoning Ordinance should set forth clear administrative procedures to be followed for all types of decisions. The level and extent of administrative process required for different types of decisions will vary. However, for even the simplest administrative procedures, the Ordinance should, at a minimum, establish unambiguous authority for approval and the process for appeal.

The approval process can be streamlined simply by consolidating and clarifying procedures and permit approval criteria. Decision-making protocols should be clearly defined so that it is clear how approvals are processed, and the intent of these regulations should be included to help determine if a proposal meets the purpose of the regulation. Findings that the decision-making body is required to make in order to approve a project should be clear so that all interested parties know the criteria against which a project is evaluated.

Expanding the set of common permit procedures would improve usability by helping applicants to understand the general review process more easily. Where necessary, unique procedures could be developed for specific permit types, but generally, permits with the same review body should follow the same procedures. Elements of a standard set of common administrative procedures include the following:
• A clear and consistent authority for determining whether an application is complete; • Clear and consistent procedures for appeals;
• Requirements for public notification; and
• Permit effective dates and time extension procedures.

City of Hermosa Beach
32 9 COMPLIANCE WITH STATE AND

FEDERAL LAW
California law grants cities and counties relatively broad discretion in the regulation of land uses and development, and the Federal courts and United States Congress have, for the most part, left land use and environmental regulation up to state and local government. There are, however, some important exceptions to this approach. If local regulations conflict with federal law, pursuant to the supremacy clause of the United State Constitution, then local laws are preempted. In some cases, both Congress and the State have identified matters of critical concern that limit the authority of California cities.

This section discusses some State and Federal laws to consider through the update of the Zoning and Subdivision Ordinances.

Housing
As California's housing supply and homelessness crisis continues, the State Legislature has passed numerous pieces of housing legislation in each legislative session of the past several years. Most recent legislation is aimed at streamlining approval of housing projects and reducing barriers to the creation of housing. The City has been actively working to comply with the legislation through a number of mechanisms. Highlights of housing related legislation most relevant to the Zoning Ordinance are briefly summarized below.

Housing Developments
SB330, the Housing Crisis Act, limits cities’ and counties’ ability to regulate housing developments, including residential development, mixed use development with 2/3 of the square footage for residential, and transitional and supportive housing. It creates a preliminary application process where existing objective development standards are those in effect when a preliminary application is submitted, establishes timeframes for when a historic determination and project approval must be made, and limits the number of hearings.

A number of provisions address housing density. General Plan and zoning densities may not be reduced below 2018 numbers. This includes changes to development standards that lessen intensity of housing. Zoning may not be changed to remove housing, and there may be no onsite reduction in the number of units.

Zoning and Subdivision Ordinance
Assessment Report
33 The Housing Crisis Act also prohibits local jurisdictions from imposing or enforcing new subjective design standards. Establishing objective development standards for housing developments are discussed in more detail in section 5 of this paper.

Accessory Dwelling Units (ADUs)
New laws further restrict what local agencies may regulate regarding ADUs. Local agencies may not adopt ADU ordinances that: impose minimum lot size requirements for ADUs; set certain maximum ADU dimensions; require replacement off-street parking when a "garage, carport or covered parking structure" is demolished or converted to construct the ADU. New laws allow for an ADU as well as a "junior" ADU where certain access, setback and other criteria are met and explicitly identifies opportunities for ADUs in multifamily buildings. Additionally, until Jan. 1, 2025, cities may not condition approval of ADU building permit applications on the applicant being the "owner-applicant" of either the primary dwelling or the ADU. Hermosa Beach adopted its Accessory Dwelling Unit Ordinance consistent with the new legislation in December 2019.

Affordable Housing
The State Density Bonus Law (Cal. Gov’t Code §65915) allows for density bonuses and additional incentives for affordable housing. Cal. Gov’t Code §65913 expedites state and local residential development, assuring local agencies can sufficiently zone for affordable housing, and encourage and incentivize affordable housing. Recent changes to the State Density Bonus Law increase the density bonus and other concessions for 100 percent affordable housing projects.

Housing projects with a minimum of 80 percent low income units and up to 20 percent moderate income units are eligible for a density bonus of up to 80 percent the maximum allowed density or a density bonus with no limit if located within ½ mile of a major transit stop and qualify for at least four concessions, reduced parking requirements, and a height increase of up to three stories or 33 feet when located within ½ mile of a major transit stop.

Housing for Persons with Disabilities
Various provisions in both federal and State law limit the authority of local agencies to regulate facilities for mentally and physically handicapped persons. In 1988, Congress extended the 1968 Fair Housing Act’s prohibitions against housing discrimination to include discrimination on the basis of handicap or familial status (families with children). The Federal Fair Housing Act Amendments (FHAA) defined "handicapped" to include persons with physical or mental disabilities and recovering alcoholics and drug addicts. The FHAA not only prevents communities from discriminating against handicapped individuals but also requires "reasonable accommodations in rules policies, practices, or services, when such accommodations are necessary to afford [handicapped persons an] equal opportunity to use and enjoy a dwelling." The California Fair Employment and Housing Act, codified as Government Code Sections 12900 to 12996, reinforces provisions of federal statute to prohibit any unlawful discrimination against persons with disabilities.

City of Hermosa Beach
34 The State Supreme Court has prohibited local agencies from limiting the number of persons unrelated by blood, marriage, or adoption who can reside in a single-family home.

Pursuant to Cal. Health & Safety Code §1566.3, a residential care facility that serves six or fewer people is considered a residential use and its occupants, regardless of legal relation, are considered a family for purposes of residential use laws and zoning codes. Further, such a use shall not be included within the definition of a boarding house, rooming house, institution or home for the care of minors, the aged, or persons with mental health disorders, foster care home, guest home, rest home, community residence, or other similar term that implies that the residential facility is a business run for profit or differs in any other way from a family dwelling.

Manufactured Housing
The Land Use and Development Code is compliant with Cal. Gov’t Code §§65852.3-.5 which requires local agencies to allow the installation of manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§5401 et seq.) on a foundation system, pursuant to Cal. Health & Safety Code §1855, on lots zoned for single-family dwellings.

Adult Oriented Businesses
Local agencies may regulate, pursuant to a content-neutral ordinance, the time, place, and manner of operation of sexually-oriented business when the ordinance serves a substantial government interest, does not unreasonably limit alternative avenues of communication, and is based on narrow, objective, and definite standards (Cal. Gov’t Code §65850.4). Through the Zoning Ordinance update, regulations must ensure there are a reasonable range of alternative sites where adult-oriented businesses may be located.

Coastal Act
In 1976, the California Coastal Act was passed to protect coastal resources and maximize public access to the shoreline in the coastal zone, which is designated by the State Legislature. As part of the Coastal Act, local governments can prepare and implement Local Coastal Programs (LCPs) that are consistent with and achieve the objectives of the Coastal Act.

The Coastal Act gives priority to:
• Coastal-dependent and coastal-related uses and activities, such as commercial fishing, recreational boating and water-oriented recreational activities; • Coastal access and recreational needs, such as public coastal access and recreation, along with consideration of traffic, parking, circulation and infrastructure needs; and

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35 • Environmentally sensitive areas, including the protection and restoration of water quality and sensitive habitat areas, along with consideration of shoreline erosion and sea level rise.

Once an LCP is approved by the Coastal Commission, local governments have the responsibility of issuing coastal permits for most new development, subject to the standards set in the certified LCP.

Each LCP consists of a local coastal land use plan, which the City drafted with the PLAN Hermosa effort and is preparing to submit to the Coastal Commission for certification, and an implementation plan consisting of measures to implement the plan (primarily the Zoning Ordinance). Thus, the Zoning Ordinance must conform with and carry out the local coastal land use plan.

Cottage Food Operations
Pursuant to Cal. Gov't Code §51035, a city or
county may not prohibit cottage food operations
(homemade and packaged food defined in Cal.

Health & Safety Code §113758) in any residential
dwelling, but shall do one of the following: Classify
the use as a permitted use in any residential zone,
grant a nondiscretionary permit for the use, or
require a permit for the use.

Emergency Shelters; Transitional and Supportive Uses
Cal. Gov’t Code §§65582, 65583, and 65589.5 require each local government to: 1) amend its Code to identify district(s) where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit to include sufficient capacity to accommodate the need for emergency shelter identified in the housing element, and 2) treat transitional and supportive housing as a residential use of the property subject only to those restrictions that apply to other residential dwellings of the same type in the same district. Cal. Gov’t Code §65582 contains definitions for "supportive housing," "target population," and "transitional housing" to be more specific to housing element law.

AB2162 requires that supportive housing be a use by right in districts where multifamily and mixed uses are permitted, including nonresidential districts permitting multifamily uses, if the proposed housing development meets specified criteria, and requires a local government to approve, within specified periods, a supportive housing development that complies with these requirements.

Local governments are prohibited from imposing any minimum parking requirement for units occupied by supportive housing residents if the development is located within ½ mile of a public transit stop.

City of Hermosa Beach
36 Family Day Care Homes
Pursuant to Cal. Health & Safety Code §§1597.30 et seq., small family day care homes in a residential unit is a residential use and is not subject to a fee or business license. Large family day care homes may not be prohibited in any district where residential is allowed, but a city or county shall do one of the following: classify the use as a permitted residential use, grant a nondiscretionary permit for the use, or require a permit for the use. However, zoning requirements for large family day care home must be reasonable and are limited to spacing and concentration, traffic control, parking, and noise control. Noise control standards must be consistent with the general noise ordinance and must take noise levels generated by children into consideration.

Processing and Review Procedures
State law specifies a number of processing requirements and review procedures related to land use regulation. These include procedures and requirements for development agreements (Cal.

Gov't Code §§65864 et seq.), general plan consistency (Cal. Gov't Code §65860), permit review timelines (Cal. Gov't Code §§65920 et seq.), prezoning land upon annexation (Cal. Gov't Code §65859), notice of public hearings (Cal. Gov't Code §§65090 et seq.), variances (Cal. Gov't Code §§65900 et seq.), and zoning amendment procedures Cal. Gov't Code §§65853 et seq.).

Religious Uses
The Federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) requires public agencies to demonstrate a compelling government interest and to use the least restrictive means when making a land use decision that imposes a substantial burden on religious exercise. Religious uses must be treated the same as similar non-religious uses. Additionally, regulations cannot impose a substantial burden to religious exercise.

Signs
In June 2015, the U.S. Supreme Court decision in Reed v. Town of Gilbert (No. 135 S.CT. 2218, 2015) affirmed that sign regulations must be “content-neutral” to survive a legal challenge. In order to be content-neutral and satisfy First Amendment limitations, sign regulations must be based on “time, place, and manner” restrictions, rather than by content- or message-based restrictions.

Content-based regulations are subject to what is called a “strict scrutiny” standard – that is, a compelling governmental interest must be demonstrated and regulations must be narrowly tailored to serve that interest.

Solar Energy Systems
Cal. Gov't Code §65850.5 requires that solar energy systems be approved administratively with requirements limited to health and safety requirements per local, State, and federal law and those

Zoning and Subdivision Ordinance
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37 necessary to ensure systems will not have a specific, adverse impact on public health or safety. A use permit may be required if the building official makes a finding based on substantial evidence that a specific, adverse impact on public health or safety would result. Every city and county is required to have an ordinance expediting permitting for small residential rooftop solar energy systems.

Telecommunications
The Federal Telecommunications Act of 1996 Limits state or local governments' authority to regulate placement, construction, and modification of personal wireless service facilities. State or local governments must not unreasonably discriminate against providers of functionally equivalent services and not prohibit or effectually prohibit use of personal wireless devices. Further, state or local governments shall not regulate placement, construction, and modification of personal wireless service facilities based on the environmental effect of radio frequency emissions, to the extent that such facilities comply with FCC regulations. Cal. Gov't Code § 65850.6 requires a city or county to ministerially approve an application for a co-location facility on or immediately adjacent to an existing wireless telecommunications co-location facility. It also prohibits a city or county from imposing certain conditions of approval on permits for construction or reconstruction of wireless telecommunications facility.

Water Conservation and Landscaping
Cal. Gov't Code §53087.7 prohibits cities or
counties from enacting any regulation that
substantially increases the cost of installing,
effectively prohibits, or significantly impedes
the installation drought tolerant landscaping,
synthetic grass, or artificial turf on residential
property. The Water Conservation in
Landscaping Act of 2006 (Cal. Gov't Code
§65597) requires local agencies to adopt the
updated Department of Water Resources
(DWR) Model Water Efficient Landscape
Ordinance (WELO) or a local landscape
ordinance that is at least as effective in
conserving water.

City of Hermosa Beach
38 APPENDIX A

ORDINANCE USER INTERVIEW SUMMARY
Introduction
As part of the initial evaluation of the current Zoning and Subdivision Ordinances, the consultant team conducted a series of interviews with a range of “ordinance users”– people who have utilized the Zoning and Subdivision Ordinances in Hermosa Beach and/or have a specific interest in regulations that will implement the updated General Plan/Local Coastal Plan–to understand the concerns and issues associated with updating the ordinances. The ordinance users interviewed encompassed a variety of people, which included: landowners, developers, architects, real estate professionals, and designers.

The City’s consultants conducted eight hour-long interview sessions on March 4, 2020, in addition to two phone interviews on March 12, 2020. A total of 31 code users in groups of one to five people were interviewed. The confidential interviews were conducted by staff from the consulting team– Martha Miller of Miller Planning Associates and Diane Bathgate of RRM Design Group. No staff members were present during the interviews to encourage candid responses. Participants were asked a series of questions regarding overarching concerns as well as specific topics related to the City’s Zoning and Subdivision Ordinances. People attending were also given the opportunity to discuss issues of significance to them that were not otherwise discussed or addressed from the facilitated questions.

Themes
A strong consensus among code users emerged about what major issues are. While ordinance users may ultimately differ on precise changes to take, there was clear agreement that the Zoning and Subdivision Ordinances require modifications to be more understandable, to reflect existing conditions, and to achieve major City policy goals. Generally, ordinance users thought the City’s regulations were outdated and in need of improvement in order to achieve the community’s vision for the future. Following is a list of major themes heard during the interviews. A comprehensive list of comments received, organized by topic, is attached.

1. Do not regulate based on the worst-case scenario.
• This approach causes unintended consequences that often obstruct the ability to achieve other city goals.

2. Make the regulations easier to use, understand, and interpret.

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39 • Include practices and interpretations currently used, but not officially documented and apply regulations with a “common sense” mindset.

3. Parking requirements are a major obstacle to investment and reinvestment. • Reduce parking requirements and incorporate flexibility, particularly for nonresidential uses.

4. Allow a wider variety of uses to occupy vacant spaces and generate activity, particularly in the Downtown and along corridors.

5. Align Downtown regulations and processes with market-driven strategies for reinvestment.

6. Clarify the review process and make it less onerous. • Adjust review bodies and processes to more appropriately reflect the significance of a project.

Comments
General Comments
• The Zoning Ordinance is very cumbersome to work with. It’s hard to find things if you are not familiar with it. It’s hard for the first 10 years, the next 20 years of working with it are not so bad. • There are so many little idiosyncrasies in the Ordinance that you would not know if you didn’t work with it on other projects.
• PLAN Hermosa policies and implementing actions should be evaluated to determine what should be addressed in the Zoning Ordinance and what should be addressed in other parts of the Municipal Code or through other means.
• The City’s approach seems to be that everyone gets punished when they have issues with a few. The City tends to overreact.
• In general, there is a fear of change.
• City receives generational mixed messages. Now is completely opposite from previous vision.

What is the desired image for the City? Boutique? Party? Quiet? • The Zoning Code lacks incentives to revitalize.
• Redevelopment efforts in downtown are a “nightmare.”
• Focus on the vision in PLAN Hermosa, not incremental change. • Clearer rules and regulations, all written down to minimize multiple interpretations. • Keep density to what residents want, do not facilitate overdevelopment. • Improving review processes to be more predictable and streamlined would entice more investment and improvement, especially important for downtown Hermosa Beach.

City of Hermosa Beach
40 • There is a need to build more housing.
• Provide for more gathering and placemaking opportunities. • Align regulations to support market-driven reinvestment. • Hermosa Beach deserves a better downtown.
• Address catalyst properties and need City leadership.

Design and Development Standards
• A lot of policy is interpreted through the code; that makes it hard. For example, the way to determine height was first changed based on a policy for interpretation. Another example is determining whether a portion of a garage is below grade. The language in the Ordinance says to take natural grade but when the City analyzed the project, they used a straight-line method to determine grade. That was different from how Staff applied the exact same standard previously. The Ordinance language didn’t change, the interpretation of how to apply it did.
• Trash issue – City wanted to take away shared facilities, ordinance passed, knee jerk response to restaurants not keeping clean. Need to look at larger context and implications, not just specific case.
• Small lots – make one threshold.
• Open space and parking requirements can conflict.
• Lot coverage and open space requirements can be redundant and need to be loosened up (“it’s now like a Rubik’s Cube).
• Allow more flexibility with renovations, allow full renovations without bringing all up to code. • Important to allow for condominiums and consider reduction in size. • Modify exceptions for building height (increase from 5 percent). • R-1 zone problems with alley garage, parking in the rear, and open space compliance (for example, on Myrtle Street can push whole building back and never reach compliance). • Open space regulations currently require 10 feet by 10 feet space - provides a disincentive for varied walls and good design.
• R-1 and R-2 have different interpretations of open space requirements – make consistent. • Recommend being able to allow side yard to be used toward open space requirement. • Consider allowing half of front yard toward open space for an alley condition. • For public right-of-way between parkway and lot, need consistency in regulations and a mechanism for future removal of improvements (bond, grant deed, etc.) • Reconcile General Plan and Code conflicts regarding sidewalk encroachments.

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41 • Alley access is encouraged in PLAN Hermosa, but it is not in the Zoning Code. • The sign ordinance is confusing, such as fascia board requirements allow for a too big of a range and only one wall sign is allowed per business.
• Design standards are lacking except for SPA-11 area. Need guidance for:
– Window glazing - do not want highly reflective glazing, needs to be added to Code.
– Murals – need clarifying direction as now can apply to front wall or glazing but consider allowing stepping back graphic a foot or two.
– Drive-through uses – now need a use permit, in conflict with carbon neutrality goals, consider standard for new drive-throughs.
– Lot mergers/subdivisions – now new lots must be 4,000 square feet in size, consider consistencies with adjacent lots, ownership ties, require lot mergers for R-1 lots only. • Reconsider building heights and floor area ratio (FAR) regulations, are currently disincentives to redevelop.
• Clarify how side yards are measured (for example, existing requirement is 10 percent with 3 feet clear).
• Clarify regulations regarding convex slopes, need to apply more common sense. • Have many legal nonconforming lots, consider mergers and other strategies. • Allow buildings of three stories, consistent with character. • Require more trees (consider shorter species in consideration of view protection). • Consider changing building height methodology.
• Need standards tailored for each neighborhood/area.
• Enhance requirements for more permeable surfaces where possible.

Land Use Regulations
• The community is concerned with construction impacts. The City is small, and the lots are small.

Nothing can be built without impacting neighbors. Maybe there is a need for a construction ordinance.
• The way traffic impacts are considered will change as the traffic impact analysis shifts to consideration of vehicle miles travelled (VMT). How the City decides to manage VMT should get wrapped into the Zoning Ordinance.
• Sometimes new uses that on their own create additional vehicle trips, actually reduce the overall number and length of vehicle trips when located in already developed areas. A

City of Hermosa Beach
42 commercial use that adds diversity in a built area can reduce trips because people are already in an area and can meet that need without going to another location. • The jobs/housing imbalance in the City is exasperated by the Zoning Ordinance. The basic environmental issues in Hermosa Beach is affordable housing. • Mixed-use zoning would be appropriate for the PCH corridor • Reconsider conditional use permits to be more context appropriate (for example, allow full liquor CUP use to stay open past 10 pm on Friday, Saturday and Sunday nights). Make an allowable use or less stringent when not adjacent to residential. • The current open space rules sometimes push bad design. • Restaurants and party businesses should be treated differently. Restaurants should not require a CUP.
• Reconsider ground floor uses to allow for creative office or office, especially in areas not as desirable for restaurant or retail (such as outskirts of downtown). This could help address Hermosa Beach’s lack of weekday, daytime population to support businesses. • Revisit assembly CUP thresholds (anything over 15 people needs CUP process which may be appropriate for a church, but not for new fitness use). • Add regulations for accessory dwelling units (ADUs) into Code and consider providing shelf ready, pre-drawn plans and allowing pre-fabricated options. • Add in requirements of SB 1818 and SB 330 into Code.
• Reduce loopholes in Local Coastal Program (LCP).
• For historic resources, need to be clear on regulations. • Frontage requirements along the Strand (3 feet, 9 feet or 17 feet setbacks) are impediments to design (not effective at original intent of discouraging parking behind units). • Condominium developments do not need to go to Planning Commission. • Reconcile mixed use direction between General Plan (discouraged) and Zoning Code (allowed).
• In the Cypress Avenue area, loosen up light industrial/manufacturing regulations to allow for other uses (such as brewery, coffee house, galleries, architecture offices, incidental retail, other arts-related uses) and consider performance standards to ensure compatibility with neighboring residences.
• Clarify and make consistent parking/driveway allowances (now inconsistent between single family and multi-family).
• Clarify downhill slope transition requirements to ensure public water is not going onto private, downward driveways (sometimes request concrete swale or trench drain).

Zoning and Subdivision Ordinance
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43 • For the Building Code, City uses California Code with a few modifications, and it works pretty well with the Zoning Code. Sometimes a conflict arises, such as with low impact development (LID) using rain barrels in the side yard for onsite water retention. • Regarding the M-1 zone, there are many different opinions and perspectives on current and future use and it is not designed well for public access. Current Planning Commission direction allows retail only with a temporary event permit.
• Allow for mixed use (with residential or office above commercial) and address parking concerns.
• Reconcile differences between California Coastal Commission, State, and City regarding housing requirements such as with ADUs, JADUs, FAR, etc. • Office uses should be allowed in commercial zones, even if need to limit amount of square footage or require to be above ground floor.
• Establish adaptive reuse requirements.
• Hermosa Beach generally has a “one size fits all” approach to multi-family zoning regulations but have some very different neighborhoods so requirements need to be more tailored. For example, 400 square feet of open space is required regardless of lot size – consider percentage requirement.
• Remove building separation standard on same site (only really applies to past design patterns). • Ensure compatibility between uses such as between commercial and residential uses, especially important for small, compact patterns in Hermosa Beach.

Parking Regulations
• Parking is the issue that holds up projects. The City could address this by being more flexible on parking.
• City needs to catch up with the State and revisit parking along the transit corridor (PCH). • Parking is the number one issue when requesting approvals. • City needs to build in-lieu space parking structure and has the funds. • In-lieu parking program previously approved is now not available and is unfair. • Commercial uses get push back from neighborhoods and City does not enforce residents to use garages.
• Encourage Uber, Lyft, shuttle, buses and messaging that may need to walk a bit. • Consider 20 percent parking requirement if provide bicycle racks. • City may have overissued resident parking passes.
• The parking variance process is too onerous, expensive, lengthy and risky.

City of Hermosa Beach
44 • Need to be forward thinking with parking strategies. • Consider public private partnership (PPP) approach to building a parking structure south of Sharkeez.
• Recommend not requiring parking for small businesses. • Consider no parking for historic resources.
• Revisit parking recommendations in the Downtown Strategic Plan. • City’s current parking regulations are outdated.
• Have observed inconsistent treatment for waiving parking, need more consistency. • Move downtown parking inland so folks will need to walk by retail/stores. • Employees have no dedicated parking area.
• Two-hour parking limit is too restrictive for dining/restaurants. • Parking is only an issue primarily on weekends.
• Concerned with ADU garage conversions as there is no requirement for additional parking. • Reduce and eliminate off-street parking requirements. • Allow use of shared parking between private and public uses.

Zoning Administration and Process
• The City’s planning review process is ridiculous. Over the last four years or so, it has become extremely difficult. Staff will not talk to you about a project unless you make an appointment.

Even if you simply want to drop off plans, you must have an appointment. This is cumbersome.

Also, if you are missing anything, Staff will not accept the project. The problem is, they are just doing a partial plan check at the counter. So even if you correct that, they haven’t looked at everything and they will give you corrections again. It goes on and on. • The level of detail in plans required for planning review is excessive. The City basically requires you to prepare engineering drawings before you even know if a project is viable. Engineered plans are required too early in the entitlement process. • Of all jurisdictions I’ve worked in, Hermosa Beach used to be the most straightforward and common sense in their review. Now they are the worst.
• Hermosa Beach doesn’t have design review, which is a good thing. • Lengthy process to entitle hotel at 14th Street and Hermosa Avenue. • Due to the length of the development process and EIR, project is now on hold and requires new financing.

Zoning and Subdivision Ordinance
Assessment Report
45 • Time to get things approved is abnormally long due to stringent policies and general complacency at all levels (for example, patio approval along the Strand took a year and half). • City is good at processing routine items, much longer times if there are different interests involved.
• Regulations are not always easily apparent, and everything goes to Planning Commission (for example, reduction of seats at a brewery went to Planning Commission and cost $6500). • Changes in staff result in different direction and can cause confusion. • Staff is helpful, accessible, and open to discussion, and provides complete information on what needs to be submitted.
• Planning Commission discusses and adds restrictions if no issues or neighbor testimony. • Consider administrative approval unless comments are received and then take to a public meeting (Director, Zoning Administrator, or Planning Commission). • Applicants do not receive comments ahead of meetings and can be blindsided (for example, applicant not allowed to review screencheck EIR).
• Would like more certainty in the process.
• Consider better forums and opportunities to work out issues. • Code interpretations sometimes are unwritten rules that applicant finds out after the fact. • Make sure there are clear inspection standards.
• Planning and Public Works sometimes do not communicate well which can result in conflicting requirements. Provide clearer areas of responsibility for site planning and for right of way, such as with grading and drainage.
• Remove requirement to submit materials on CD (too antiquated). • For convex slope determinations, change from Planning Commission level to administrative (Director), but appealable.
• Allow more decisions to be made at the administrative level (such as minor modifications, use permits, others).
• Establish one point in time to bring lots into conformance (remove structure, merge, or fire wall). • Change of use request process is too long and too expensive (since go to Planning Commission) and is a disincentive for new small businesses. Consider more ministerial/administrative processes to be business friendly. • Provide a process for including critical points so can be reviewed in the field with plan set. • Recommend interdepartmental routing of conceptual plans, include summary “up front” of requirements for all departments, and enhance interdepartmental communication.

City of Hermosa Beach
46 • Regarding survey standards, require corner monuments and verifications that ties were established/set, filed and inspected in the field.
• Provide a written, digital checklist on website of requirements. • Single-family related applications do not need to be reviewed by Planning Commission if comply with rules.

Example References
• Redondo Beach’s Code is pretty good.
• Manhattan Beach’s Code is cumbersome but tailored. The Planning Department put together tools to help streamline the process. For residential projects, they have a check sheet with every code that is related to project. It’s a helpful tool to use when designing a project. • For parking, City of Los Angeles allows fractions of parking spaces or replacement with bicycle racks.
• For parking, West Hollywood does not require parking for uses less than 10,000 square feet. • Look into Urban Land Institute (ULI) strategies for shared parking. • Review City of Long Beach example regarding limitations on drive-through uses. • Manhattan Beach has good regulations for ADUs and Junior ADUs including a streamlined process.
• Torrance has a “one stop” desk that covers requirements of all departments. • El Segundo “Sleepy Hollow” is a good example of a creative office district. • Look at potential parking approaches in Manhattan Beach and El Segundo to help “right size” parking requirements and provide flexibility.
• Coastal Commission has become more accepting of parking changes, see examples in Santa Monica and San Diego.

Zoning and Subdivision Ordinance
Assessment Report
47 List of Interviewees
Adam Eisenberg
Bob Healey
Bob Rollins
Brandon Straus
Chrissie Grasso
Christie Teague
Dean Nota
Ed Almanza
Fran Uralman
George Schmeltzer
George Shweiri
Jason Muller
John Starr
Jon Davide
Jonathan Wicks
Karynne Thim
Larry Peha
Laura Pena
Lisa Ryder
Lori Ford
Maria Islas
Maryl Binney
Michelle Licata
Mike Grannis
Mike Levine
Mike Wally
Nicole Ellis
Peter Nolan
Stacey Straus
Stefan Schmandt
William “Bill” Errett

Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885

Note to Reader:

The following exhibits to the ordinance are provided in annotated redline format to highlight edits made to the proposed amendment since the Planning Commission's public hearing. Additions and relocated text are shown in underline while deletions appear as strikethrough text. These revisions have been made to reflect Planning Commission direction as well as edits improve readability, clarify regulations, and ensure the City’s code follows State law and implements the General Plan. Some Chapter numbers have been revised or relocated to better incorporate these changes into the code.

EXHIBIT A
CHAPTER 17.01 – INTRODUCTORY PROVISIONS
Chapter 17.01 (Introductory Provisions) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows:

Chapter 17.01 Introductory Provisions

17.01.010 Title
Title 17 of the Hermosa Beach Municipal Code shall be known and cited as the “Hermosa Beach Zoning Ordinance”, “Zoning Ordinance of the City of Hermosa Beach”, or “Zoning Ordinance.”

17.01.020 Purpose
The purpose of the Zoning Ordinance is to implement the City’s General Plan and to protect and promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare. More specifically, the Zoning Ordinance is adopted to achieve the following objectives:

A. Provide standards for the orderly growth and development of the City, and guide and control the use of land to provide a safe, harmonious, attractive, and sustainable community.

B. Achieve the arrangement of land uses depicted in the Hermosa Beach General Plan, consistent with the goals and policies of the General Plan.

Commented [HB1]: This section establishes the legal
framework for the zoning code.

Edits enhance the readability and increase the enforceability of the code.

BBK (2026) Page 2 of 95

C. Enhance the appearance of the City and promote high-quality design.

D. Preserve and enhance the quality of life and character of residential neighborhoods.

E. Promote economic growth and the creation of jobs.

F. Facilitate the appropriate location of community facilities, institutions, transportation, and parks and recreational areas.

G. Allow for public participation in government decision-making regarding land use and development in a manner consistent with State law.

H. Define duties and powers of administrative bodies and officers responsible for implementation of the Zoning Ordinance.

17.01.030 Authority
The Hermosa Beach Zoning Ordinance is adopted pursuant to the authority contained in Section 65850 of the California Government Code.

17.01.040 Relationship to the General Plan
This Zoning Ordinance implements the goals and policies of PLAN Hermosa, the city’s adopted Hermosa Beach General Plan, and Coastal Land Use Plan, by regulating the use of land and structures within the City. Any permit, license, or approval issued pursuant to this Zoning Ordinance must be consistent with the General Plan and all applicable specific plans.

17.01.050 Applicability
A. Applicability to Property. This Zoning Ordinance shall apply, to the extent permitted by law, to all property within the corporate limits of the City of Hermosa Beach and to property for which applications for development and/or subdivisions have been submitted to the City of Hermosa Beach, including all uses, structures, and land owned by any private person, firm, corporation or organization, or the City of Hermosa Beach or other local, State, or Federal agencies. Any governmental agency shall be exempt from the provisions of this Zoning Ordinance only to the extent that such property may not be lawfully regulated by the City.

BBK (2026) Page 3 of 95

B. Minimum Requirements. The provisions of this Zoning Ordinance shall be deemed the minimum requirements for the promotion of the public health, safety, and general welfare. Where this Zoning Ordinance provides for more discretion on the part of a City official or body, that discretion may be exercised to impose more stringent requirements than set forth in this Zoning Ordinance as may be necessary to promote orderly land use development and the purposes of this Zoning Ordinance.

Nothing in this section shall be construed to require or allow a City official or body to exercise its discretion in a manner that would be contrary to state or Federal law.

C. Compliance with Regulations. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, demolished, or moved in any zone, except in accordance with the provisions of this Zoning Ordinance, including the development and performance standards herein, and any permit issued pursuant hereto. The temporary or transitory nature of a use does not exempt it from this requirement.

D. Conflicting Regulations. The regulations of this Zoning Ordinance and requirements or conditions imposed pursuant to this Zoning Ordinance shall not supersede any other regulations or requirements adopted or imposed by the Hermosa Beach City Council, the State of California, or any Federal agency that has jurisdiction by law over uses and development authorized by this Zoning Ordinance. All uses and development authorized by this Zoning Ordinance shall comply with all other such regulations and requirements. The regulations of this Zoning Ordinance and requirements or conditions imposed pursuant to this Zoning Ordinance shall not supersede any other regulations or requirements adopted or imposed by the Hermosa Beach City Council, the State of California, or any Federal agency that has jurisdiction by law over uses and development authorized by this Zoning Ordinance. All uses and development authorized by this Zoning Ordinance shall comply with all other such regulations and requirements. Where conflict occurs between the provisions of the Zoning Ordinance and any other City ordinance, chapter, resolution, guideline, or regulation, the more restrictive provisions shall control, unless otherwise legally required. All uses and development authorized by this Zoning Ordinance shall comply with all other such regulations and requirements.

E. Private Agreements. This Zoning Ordinance shall not interfere with or annul any recorded easement, covenant, or other agreement now in effect,

BBK (2026) Page 4 of 95

provided that where any recorded easement, covenant, or other agreement now in effect, is in conflict with state or federal law, or this Zoning Ordinance imposes a greater restriction than imposed by an easement, covenant, or agreement, this Zoning Ordinance shall control.

The City of Hermosa Beach shall not be responsible for monitoring or enforcing private agreements.

F. Prior Ordinance. The provisions of this Zoning Ordinance supersede all prior ordinances codified in Title 17 of the Hermosa Beach Municipal Code and any amendments. No provisions of this Zoning Ordinance shall validate any land use or structure established, constructed, or maintained in violation of the prior Zoning Ordinance, unless such land use or structure validation is specifically authorized by this Zoning Ordinance and is in conformance with all other regulations.

G. Effect on Previously Approved Projects and Projects in Progress.

1. Building Permit. Any building or structure for which a Building Permit has been issued may be completed and used in accordance with the plans, specifications, and permits on which said Building Permit was granted, provided at least one inspection has been requested and posted for the primary structure on the site where the permit is issued and provided construction is diligently pursued and completed pursuant to the provisions of the California Building Code, as adopted by the City of Hermosa Beach. and completed within six months of permit issuance. No extensions of time except as provided for in the Building Code shall be granted for
commencement of construction, unless the applicant has secured an allowed permit extension from the Community Development Department.

2. Previously Approved Land Use Authorization. This Zoning Ordinance shall not interfere with, repeal, abrogate, or annul any previously granted land use authorization, unless otherwise specified in this Title. Any land use or structure, which was previously legally established, and has been deemed nonconforming as a result of adoption of this Zoning Ordinance, shall be subject to Chapter

17.52 (Nonconforming Buildings and Uses). All allowances, requirements, permits, entitlements, and conditions of approval of previous land use authorizations shall apply until the applicable review authority specifically repeals the allowance, requirement of this Title, or condition.

BBK (2026) Page 5 of 95

3. Land Use Authorization in Process. An application for a discretionary land use authorization that has been accepted by the Community Development Department as complete for processing prior to the adoption of this Zoning Ordinance or any applicable amendment shall be processed according to the requirements of this Zoning Ordinance or the prior Zoning Ordinance upon written request from the project applicant. The written request shall be made no later than 30 days after the effective date of this Zoning Ordinance and at least one action must be taken by the review authority within 210 days of the effective date of this Zoning Ordinance.

H. Application During Local Emergency. The City Council may authorize a deviation from a provision of this Zoning Ordinance during a local emergency declared and ratified under the Hermosa Beach Municipal Code. The City Council may authorize a deviation by resolution without notice or public hearing.

17.01.060 Responsibility for Administration
The Zoning Ordinance shall be administered by the Hermosa Beach City Council, Planning Commission, and Community Development Department as established in Chapter TBD17.02, Planning Zoning Review Authorities.

17.01.070 Permissive Ordinance
This title shall be considered a permissive ordinance, whereby only those uses, structures, or facilities that are authorized hereby are allowed, except as provided through an administrative determination, an administrative use permit, or other discretionary action.

17.01.080 Severability
If any section, subsection, paragraph, sentence, clause, or phrase of this Zoning Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Zoning Ordinance. The Hermosa Beach City Council hereby declares that it would have passed this Zoning Ordinance, and each section, subsection, sentence, clause, and phrase thereof, regardless of

BBK (2026) Page 6 of 95

the fact that any or one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

17.01.090 Fees
The City Council shall establish by resolution, and may amend and revise from time to time, fees for processing the discretionary entitlement applications and other permits authorized or required by this Zoning Ordinance, as well as the necessary fees to mitigate impacts, as allowed by State law. All fees shall be paid at the time an application is filed, and no processing shall commence until the fees are paid in full.

17.01.100 Penalty
A. Violations of zoning regulations. Violations of the provisions of this title shall be subject to the administrative penalty provisions of Chapter 1.10.

B. Each day a separate offense. Each person, firm or corporation found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this title is committed, continued or permitted by such person, firm or corporation, and any use, occupation or building or structure maintained contrary to the provisions hereof shall constitute a public nuisance.

C. Violation of conditions of conditional use permits and precise development plans. No person shall violate any conditions of a conditional use permit or precise development plan. Such violations shall be subject to the administrative penalty provisions of Chapter 1.10 in addition to the measures set out in Section 17.03.110 (Revocation of Permits).

Commented [HB2]: The penalty provisions apply to people who violate the zoning code. All these provisions are currently contained in Chapter 17.74

BBK (2026) Page 7 of 95

EXHIBIT B
CHAPTER 17.02 – ZONING REVIEW AUTHORITES
Chapter 17.02 (Declaration of Purpose) of the Hermosa Beach Municipal Code shall be deleted in its entirety and new Chapter 17.02 (Zoning Review Authorities) ) is added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows:

Chapter 17.02 Zoning Review Authorities

17.02.010 Purpose
This Chapter lays out the basic roles, responsibilities, and functions of all planning authorities under this Title, including the City Council, Planning Commission, and Community Development Director (Director).

17.02.020 City Council
The powers and responsibilities of the City Council include, but are not limited to the following:

A. Consider and adopt, deny, or modify proposed General Plan Amendments, Local Coastal Program, Specific Plans, and environmental documents related to any of the foregoing, pursuant to Chapter TBD17.17, (General Plan Amendments).

B. Consider and adopt, reject deny or modify proposed amendments to the Zoning Ordinance and Zoning Map and environmental documents related to any of the foregoing, pursuant to Chapter TBD17.16, (Zoning Amendments).

C. Consider and adopt, rejectdeny, or modify Development Agreements, following a public hearing and recommended action by the Planning Commission, pursuant to Chapter TBD17.14, (Development Agreements).

D. Hear and decide appeals from decisions of the Planning Commission pursuant to Section TBD Section 17.03.120, (Appeals and Calls for Review).

E. Establish, by resolution, a Master Fee Scheule Schedule charges, and deposits for various applications and services provided, pursuant to Title Commented [HB3]: This section provides the City Council, Planning Commission, and Community Development Director authority to review applications. Additionally, is specifies the type of application and who would be the review authority (City Council, Planning Commission, or Community Development Director).

Additional edits were to enhance the readability, combine administrative items into a single permit, and expand the public noticing.

BBK (2026) Page 8 of 95

2Chapter 2.64 (Fees and Service Charges).

17.02.030 Planning Commission
The powers and responsibilities of the Planning Commission include, but are not limited to the following:

A. Annually review of progress towards implementation of the General Plan and make recommendations to the City Council based on any new legislation, development trends, or changing economic, social, and environmental conditions.

B. Approve, modify, or deny Precise Development Plans, Conditional Use Permits, Variances, and Certificates of Appropriateness, and other entitlements as outlined in Section 17.02.050 (Review Authorities for Decisions and Appeals).

C. Make recommendations to the City Council on Development Agreements.

D. Make recommendations to City Council on proposed amendments to the General Plan, Specific Plan(s), Zoning Ordinance and Zoning Map and environmental documents determinations related to any of the foregoing.

E. Hear and approve, modify, or deny decide appeals from decisions of the Community Development Director.

F. Hear and approve, modify, or deny decide proposals to revoke permits, pursuant to Section TBD17.03.110, (Revocation of Permits).

G. Make environmental determinations on any approvals powers and responsibilities listed in this section and that are subject to environmental review under the California Environmental Quality Act, pursuant toexcept as excluded above. State law.

H. Such other powers and responsibilities as assigned or directed by the City Council.

BBK (2026) Page 9 of 95

17.02.040 Community Development Director
The powers and responsibilities of the Community Development Director (“the Director”), or their designee, include, but are not limited to the following:

A. Maintain, interpret, and administer the Zoning Ordinance, including the processing of applications, abatements, interpretations, and other enforcement actions.

1. Assist in the use of the Zoning Ordinance for by members of the public and other City departments.

B. Review applications for permits and licenses for conformance with this Title and issue a Zoning Clearance when the proposed use, activity or building is allowed by right and conforms to all applicable development and use standards.

C. Approve, modify, or deny Minor Use Permits, as authorized pursuant to Section 17.02.050 (Review Authorities for Decisions and Appeals)Chapter TBD, Use Permits.

D. Initiate Specific Plans and related amendments; zoning code and zoning maps Amendments; and General Plan Amendments, including amendments to the General Plan Land Use Map.

E. Refer items to the Planning Commission where, in the Director’s determination, the public interest would be better served by a Planning Commission public hearing and action.

2. Approve, modify, or deny Temporary Use Permits, pursuant to Chapter TBD, Temporary Use Permits.

3. Approve, modify, or deny a modification, pursuant to Chapter TBD, Modifications.

4. Approve, modify, or deny requests for Reasonable Accommodation for land use projects, pursuant to Chapter TBD, Reasonable Accommodation.

BBK (2026) Page 10 of 95

5. Decide requests for Minor Revisions to Approved Permits, pursuant to Section TBD, Revisions to an Approved Permit.

6. Refer items to the Planning Commission where, in the Director’s determination, the public interest would be better served by a Planning Commission public hearing and action.

F. Make environmental determinations on any powers and responsibilities listed in this section and that are subject to environmental review under the California Environmental Quality Act, pursuant to State law.

7. Oversee the preparation of environmental review for various entitlements and make environmental determinations for any discretionary review for which the Community Development Director is the review authority in accordance with the California Environmental Quality Act, pursuant to State law.

G. Make recommendations to the Planning Commission and City Council on all applications, appeals, and other matters upon which they have the authority and the responsibility to act under this Title.

H. Investigate and report to the Planning Commission on permit violations when the City has initiated revocation procedures, pursuant to Section TBD, Revocation of Permits.

I. Delegate administrative functions to members of the Community Development Department.

J. Other duties and powers as may be assigned by the City Manager or may be established through legislation.

17.02.050 Review Authorities for Decisions and Appeals
Summary of Review Authorities for Decisions and Appeals, summarizes the powers and duties that each review authority has under this Title. Where a project requires more than one type of application, all permit requests shall may be reviewed and decided on by the highest review authority established for any of the applications.

BBK (2026) Page 11 of 95

The Community Development Director may refer any item for which the Director makes a determination to the Planning Commission where, in the Director’s opinion, the public interest would be better served by a Planning Commission public hearing and action.

SUMMARY OF REVIEW AUTHORITIES FOR DECISIONS AND APPEALS Decision Type Advisory
Body
Review
Authority *
Appeal
Body
Public
Notification
Ministerial Action
Zoning Clearance - Staff/Director DirectorN/A No
Administrative Action
Administrativ
e Permit
Emergency
Shelters - Director Planning Commission
No
Entertainmen
t, Limited
Live
-
Director Planning
Commission
No
Limited
Outdoor
Seating
-
Director Planning
Commission
No
Low Barrier
Navigation
Centers
-
Director Planning
Commission1
No
Residential
Care Facility - Director Planning Commission
No
Short Term
Vacation
Rental
-
Director Planning
Commission
No
Supportive
Housing (up
to 50 units)
-
Director Planning
Commission1
No
Temporary
Use and
Temporary
Events
-
Director Planning
Commission
No
Convex Slope
Determination - Director Planning Commission
Yes
Temporary Use Permit Director Planning
Commission
No

BBK (2026) Page 12 of 95

SUMMARY OF REVIEW AUTHORITIES FOR DECISIONS AND APPEALS Decision Type Advisory
Body
Review
Authority *
Appeal
Body
Public
Notification
Portable AFrame -
Director Planning
Commission
No
Temporary
Sign Permit
Alternative Grade
Determination - Director Planning Commission
No
Reasonable
Accommodation
- Building
Official
Director Planning
Commission1
No
Minor Modification Director N/A No
Zoning and Similar Use
Interpretation
- Director Planning
Commission
No
Quasi-Judicial ActionEntitlement Action
Certificate of
Appropriate
ness
Minor Director Planning
Commission
N/A-City
Council
Yes
Major Director Planning
Commission
City Council
Conditional Use Permit - Planning
Commission
City Council Yes
Minor Use Permit - Director Planning
Commission
Yes
Variance - Planning
Commission
City Council Yes
Minor Exception - Director Planning
Commission
Yes
Parking Plan - Planning
Commission
City Council Yes
Amendment to Planning
Entitlement - Planning Commission
City Council Yes
Time Extension Request by
original Review Authority - Planning Commission
City Council Yes
Precise
Developmen
t Plan
Minor - Director Planning
Commission
Yes
Major - Planning
Commission
City Council Yes

BBK (2026) Page 13 of 95

SUMMARY OF REVIEW AUTHORITIES FOR DECISIONS AND APPEALS Decision Type Advisory
Body
Review
Authority *
Appeal
Body
Public
Notification
Determination of Legality
of Nonconforming
Residential Buildings
-
Planning
Commission
City Council Yes
Zoning Interpretation - Director Planning
Commission
No
Similar Use Determination - Director Planning
Commission
No
Legislative Action
General Plan Amendment Planning
Commission
City Council - Yes
Specific Plan
Specific Plan Amendment
Planning
Commission
City Council - Yes
Zoning
Amendment
s
Zone Text
Amendment

Planning
Commission
City Council - Yes
Zone
Change
Planning
Commission
City Council - Yes
Development Agreement Planning
Commission
City Council - Yes
Historic Landmark
Nomination
Planning
Commission
City Council -
-
Yes
(1) Subject to appeal only if denied by the Director.

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EXHIBIT C
CHAPTER 17.03 – ADMINISTRATIVE PROCEDURES
Chapter 17.03 (Administrative Procedures) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows:

Chapter 17.03 Administrative Procedures

17.03.010 Purpose
This Chapter establishes uniform procedures for the preparation, filing, and processing of any land use permits and approvals entitlement applications provided for in this Title, unless superseded by a specific requirement of this Title or State law.

17.03.020 Application Forms and Fees
A. Applicant. The owner of property or the owner’stheir authorized agent may submit applications for land use permits. If the application is made by someone other than the owner or the owner’s agent, proof of the right to represent the owner shall accompany the application. The Director shall prepare and issue application forms and lists that specify the information required from applicants. If the application is made by someone other than the owner or theAn owner’s agent, shall provide proof of the right to represent the owner in matters regarding the application, to use and possess the property as applied for, which is satisfactory to the Community Development Director., shall accompany the application.

B. Application Materials.

1. Application Forms and Fees. Applications for land use permits, which are authorized by this Title, shall be filed on forms prepared by the Director, which may be modified from time to time.

Applications shall be accompanied by all required fees as outlined in the Master Fee Schedule. The Director shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this Title. The Director shall publish and make available a list of submittal requirements, including required application fees, on the City’s website and at the Community Development Department office.

2. Supporting Materials. The Director shall provide a list of may require Commented [HB4]: This section establishes several
administrative procedures, including:
How the City reviews and approves permits, including appeals of decisions.
The type and amount of public notice that is required to be distributed for permits.
How permits may be revoked or expire.
Gives the Director the ability to interpret the zoning code. How accommodations to zoning standards can be granted to meet handicap accessibility for structures and buildings.

Edits improve the readability and remove duplicate requirements.

Additional categories have been added to the public noticing requirements to ensure consistency with State law.

BBK (2026) Page 15 of 95

the submisson of supporting materials that shall be submitted as part of the application. , including but not This may include, but is not limited to: statements, photographs, plans, drawings, renderings, models, material samples, technical studies, and other items necessary to describe existing conditions and the proposed project and determine the level of environmental review pursuant to the California Environmental Quality Act (CEQA).

3. Availability of Materials. All submitted material becomes the property of the City, may be distributed to the public, and shall be made available for public inspection. At any time, upon reasonable request, and during normal business hours, any person may examine application materials atmaterials at the Community Development Department office. Unless prohibited by law or superseded by specific permit confidentiality requirements, copies of application materials shall be made available. The City shall charge fees for copies in accordance with the fee resolution adopted by City Council.

C. Multiple Applications.

1. Concurrent Filing. An applicant for a project which requires more than one land use permit by this Title (e.g., Conditional Use Permit, Variance, and Precise Development Plan, etc.), shall file all related applications concurrently, together with all application applicable fees. The concurrent filing requirements may be reduced in in accordance with the fee resolution adopted by the City Council.

2. Concurrent Processing. Multiple land use permits for the same project shall be processed concurrently and shall be reviewed and decided on by the highest review authority designated for any of the applications. , unless prohibited by State law.

D. Application Fees.

1. Fee Schedule. The Council shall approve by resolution a Master Fee Schedule that establishes fees for permits,
informational materials, penalties, copying, and other such items in accordance with Title 2.

2. Fee Payment. No application shall be deemed complete, and processing shall not commence on any application until all

BBK (2026) Page 16 of 95

required fees or deposits have been paid.

Refund of Fees. Application fees are non-refundable regardless of the review authority's decision. Filing fees cover the costs incurred by the City for staff’s review of the application materials, preparation of required finings, notices, and postings. In the case of an application withdrawal prior to the public hearing notice, the Director, at the request of the applicant, may authorize a partial refund in accordance with department policy.

17.03.030 Review of Applications
A. Initial Completeness Review. The Director shall determine whether an application is complete within 30 days of the date the application is filed and required fee received.

1. Incomplete Application. If an application is deemed incomplete, the Director shall provide written notification to the applicant listing the applications for permit(s), forms, information, and any additional fees that are necessary to complete the application and specify a time limit for submittal of the requested information. The time limit to submit additional information shall be at least 30 days. a. Zoning Ordinance Violations. An application shall not be found complete if conditions exist on the site in violation of this Title or any permit or other approval granted in
compliance with this Title, unless the proposed project includes the correction of the violations or, in the sole discretion of the Director, the application is deemed
complete notwithstanding the violation.
b. Appeal of Determination. Determinations of
incompleteness are subject to the provisions of Section

17.03.120 (Appeals and Calls for Review)Section TBD,
Appeals and Calls for Review, except there shall be a final written determination on the appeal no later than 60 days after receipt of the appeal. The fact that an appeal is permitted to both the Planning Commission and the City
Council does not extend the 60-day period.

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c. Expiration of Application. If an applicant fails to correct the specified deficiencies within the specific time limit pursuant to Section 17.03.090 (Effective Dates: Expiration and Extension)Section TBD, A.1, the application shall expire and be deemed withdrawn, unless an extension is granted by the Director. After the expiration of an application, review shall require the submittal of a new, complete
application, along with all required fees.

2. Complete Application. When an application is deemed complete, the Director shall make a record of that date. If an application requires a public hearing, the Director shall schedule it and notify the applicant of the date and time, pursuant to Section 17.03.050 (Public Notice)Section TBD, Public Notice.

B. Referral of Application. At the discretion of the Director, or where otherwise required by this Title, State or Federal law, any application filed in compliance with this Title may be referred to any City department, public agency, or interest group that may be affected by or have an interest in the proposed land use project.

C. Extensions. The Director may, upon written request and for good cause, grant extensions of any time limit for review of applications imposed by this Title.

17.03.040 Environmental Review
All discretionary projects shall be reviewed for compliance or exemption with the California Environmental Quality Act (CEQA). The designated planning authority for the entitlement shall be responsible for taking action on the corresponding exemption or environmental review. Environmental review will be conducted pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines). If Title 14 of the California Code is amended, such amendments will govern City procedures.

17.03.050 Public Notice
Unless otherwise specified, whenever the provisions of this Title require public notice, the City shall provide notice as required by this section and by the California Government Code.

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A. Notification Method. Public Notice shall be provided a minimum of 10- days10 days, but no more than 45-days45 days, prior to the public hearing or to a Director’s decision.

Permit Type
Notice
Type
Notification Method
Mailing
Radius
Websit
e
Site
Postin
g
Newspape
r
Minor Exception
Notice
of
Pending
Action
x
Adjacent
and
Abutting1*
Properties
xYes None None
Minor Use Permit
Notice
of
Pending
Action
x
100’ Yesx None None
Minor Precise
Development Plan
Notice
of
Pending
Action
100’ Yes Yes No
All
Other
Residential
Projects
Notice
of
Hearing
x
300’ Yesx Yesx Yesx
Commerci
al Projects
Notice
of
Hearing
x
500’ Yesx Yesx Yesx
General Plan or
Zoning Code Text
Amendment
Notice
of
Hearing
N/A Yes N/A
Yes
⅛ page
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minimum
size
General Plan or
Zoning Code Map
Amendment
Notice
of
Hearing
500’ Yes Yes Yes
*(1). Adjacent and Abutting properties Shall include properties located across a street or alley.

B. Mailed Notice. At least ten (10) days before the date of the public hearing or the date ofof the Director’s decisionaction when no public hearing is required, the Director (or the City Clerk for City Council

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hearings) shall provide notice shall be provided by First-Class mail delivery to the following:

1. The applicant, the owner, and any occupant of the subject property;

2. The owner and occupants and tenants of all properties within the specific notification radius; and for the permit type or approval;

1. All neighborhood and community organizations that have previously filed a written request for notice of projects in the area where the site is located;

3. Any person or group who has filed a written request for notice regarding the specific application;

4. 5.4. School districts and any other local agency expected to provide essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be affected; and

6.5. Blind, Aged, and Disabled Communities. Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, notice procedures shall incorporate the blind, aged, and disabled communities in order to facilitate their participation.

C. Alternative Method for Large Mailings. If the number of owners persons to whom notice would be mailed or delivered is greater than 1,000, instead of a mailed notice, notice may be provided by providing notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the City and posted in three public locations at least 10 days prior to the hearing or the date of action when a public hearing is required.

D. Newspaper Notice. At least ten (10) days before the date of the public hearing or the date of action when no public hearing is required, the City shall publish a notice in at least one newspaper of general circulation in the City.

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E. Internet Notice. At least ten (10) days before the date of the public hearing or the date of the Director’s decisionaction when no public hearing is required, the Director (or the City Clerk for City Council hearings) the notice shall provide noticebe published on the City’s website.

F. Site Posting. At least ten (10) days before the date of the public hearing a minimum of one public notice shall be posted on the project site in a conspicuous place along the property frontage abutting the public-rightof way.

G. Amendments. Notwithstanding any other time limit set forth in this Chapter, any amendment or ordinance that affects the permitted use of real property, notice shall be published, posted, mailed, and delivered, or advertised, as applicable, at least 20 days before the hearing.

G.H. Additional Notice. The Director may provide require additional notice of the hearing in a manner the Director deemsed appropriate.

H.I.Content of Public Notice. The notice, at a minimum, shall include the following information:

1. The location of the real property, if any, that is the subject of the application;

2. Name of property owner(s), representative(s), and applicant.

3. A general description of the proposed project or action;

4. The City’s assigned file numbers to the application.

5. A statement indicating if the project is located within the Coastal Zone.

6. The date, time, location, review authority, and purpose of the public hearing or the date of action when no public hearing is required;

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1. The identity of the review authority;

7. A statement indicating the level of environmental review that is applicable to the project and the location and times any environmental impact assessment prepared in connection with the application may be viewed by the public;

8. A statement that any interested person or authorized agent may appear and be heard;

9. A statement describing how to submit written comments; and

10.For matters which the Planning Commission makes a
recommendation to the City Council, or when the Planning Commission’s decision is appealed to the City Council, the notice shall also include a summary of the Planning Commission’s action.

City Council hearings, the Planning Commission recommendation.

The omission of a component of the public notice content shall not automatically invalidate a public notice.

I.J. Failure to Receive Mailed Notice. . The validity of the proceedings shall not be affected by the failure of any property owner, resident, or community organization to receive a mailedmailed notice.

17.03.060 Conduct of Public Hearings
Whenever the provisions of this Title require a public hearing, the hearing shall be conducted in compliance with the requirements of State law as follows.

A. Generally. Hearings shall be conducted pursuant to procedures adopted by the hearing body.

B. Scheduling. Hearings before the City Council shall be scheduled by the City Clerk. All other hearings shall be scheduled by the Director of Community Development.

C. Public Hearing Testimony. Any person may appear at a public hearing

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and submit oral or written evidence, either individually or as a representative of a person or an organization.

D. Time Limits. The City Council may establish time limits for individual testimony.

E. Continuance of Public Hearing. The body conducting the public hearing may by motion continue the public hearing to a fixed date, time and place without additional hearing notice or may continue the item to an undetermined date with and providepublic notice of the continued hearing.

F. Decision. The public hearing shall be closed before a vote is taken.

17.03.070 Findings and Notice of Action
When deciding to approve, approve with conditions, modify, revoke, or deny any discretionary permit under this Title, the review authority shall issue a Notice of Action and make findings of fact as required by this Title.

A. Findings. Findings, when required by State law or this Title, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record noticeof theof action on the permit.

B. Date of Action. The review authority shall decide to approve, modify, revoke, or deny any discretionary permit following the closeclosure of the public hearing, or if no public hearing is required, within 30 days of the date the City has determined an application to be complete.

C. Notice of Action. Upon approving, modifying, or denying a land use permit by the review authority, a notice of action shall be sent0issued.After the Director,Planning Commission, or City Council takes any action to approve, modify, or deny an application the Director, or City Clerk for City Council actions, shall issue a Notice of Action. The Notice shall describe the action taken, including any applicable conditions, and shall list the findings that were the basis for the decisions, and if . If the decision is subject to appeal. , the Notice of Action shall state this to the applicant.