Agenda packet, regular meeting, second session — Hermosa Beach City Council, October 13, 2026 (part 2 of 4)

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For a continuing violation involving building, plumbing, electrical, structural, or zoning requirements that does not create an immediate danger to health or safety, an administrative fine shall not be imposed until the responsible person has been provided notice and a reasonable opportunity to correct the violation and has failed to do so, consistent with Government Code section 53069.4. Upon expiration of the applicable correction period, any fine lawfully imposed is immediately enforceable in accordance with this chapter and remains due notwithstanding subsequent correction, except for a refund for a citation issued in error or a determination made by the hearing officer on appeal under this chapter.

Nothing in this section prevents immediate citation, imposition of an administrative fine, emergency enforcement, or other enforcement action for a transitory or immediately remediable violation, a violation that creates an immediate danger to health or safety, or any violation for which immediate enforcement is otherwise authorized by this Code or applicable law.

C. The City Manager or designee may authorize a refund of a fine paid on a citation issued in error. The hearing officer may order a full or partial refund when a citation is rescinded or a fine is reduced on appeal. An authorized refund shall be processed within thirty (30) calendar days after service of the applicable written decision.

D. The City may recover late payment charges, administrative costs, collection costs, and other costs authorized by Council resolution, this Code, or state law. Unpaid fines, penalties, charges, and costs may be collected in any manner authorized by law.

Where allowed by law and authorized by Council resolution, administrative fines, penalties, charges, costs, and correction obligations may be imposed jointly and severally against responsible persons who cause, maintain, permit, or fail to correct a violation.

Failure of any person to pay the fines assessed by an administrative citation may result in the matter being referred for collection which includes but is not limited to the filing of a small claims court action.

A. Any responsible person who receives an administrative citation shall be subject to the payment of fines as set out in the penalty schedule for administrative fines as adopted by resolution of the city council. An administrative penalty shall be assessed by means of an administrative citation issued by an enforcement officer, and shall be payable directly to the city treasurer. A portion of each penalty shall constitute reimbursement for the city’s administrative expenses in issuing and processing the citation. Penalties shall be collected in accordance with the procedures specified in this chapter. Payment of a penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the city. In the case of violations of the building, plumbing or electrical codes, an administrative citation shall not be issued until after the responsible party has been provided notice and a reasonable opportunity to correct the violation, and has failed to do so.

B. Failure of any person to pay the fines assessed by an administrative citation may result in the matter being referred for collection which includes but is not limited to the filing of a small claims court action.

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1.10.060 Contents of citation.

Each administrative citation shall contain the following information:

1. The date, approximate time when relevant, and address or other definite description of the location of the violation, or the applicable date or date range for multiple or continuing violations;

2. The Code sections or conditions violated and a description of the violation(s);

3. The amount of the fine and, when the citation includes multiple violations or dates, the basis for calculating the total fine;

4. The method of service and date of service, where known;

5. The payment methods and the date by which the fine shall be paid;

6. Any applicable correction procedure and hardship waiver procedure required by this chapter;

7. Notice of the right to appeal, the deadline and method for filing an appeal, and where required appeal forms or instructions may be obtained;

8. The name or unique identifying number of the enforcement officer issuing the citation;

9. If applicable, an order to correct a continuing or correctable violation, the required corrective action or compliance standard, any applicable correction deadline, and the consequences of failing to comply; and

10. The name and address of the responsible person, if known.

11. For any consolidated or batched citation, the citation or an attached or incorporated schedule shall identify the violation date or date range, each daily violation or violation count included, the fine imposed for each violation or day, the total fine amount, any applicable prior notice or order to correct, any applicable compliance deadline, and a statement that a timely appeal may contest the citation and all violations included in it.

If applicable, the citation shall identify whether the violation remains correctable and any applicable correction deadline. Correction after a fine has been lawfully imposed does not cancel or reduce the fine. Refunds for citations issued in error and determinations on appeal remain governed by Sections 1.10.050(C) and 1.10.090.

The City may provide forms, payment instructions, hearing request procedures, hardship waiver procedures, proof-of-correction procedures, and evidence submission procedures in paper or electronic form. The City may establish electronic addresses, portals, payment methods, submission requirements, and related procedures by administrative policy and may require another reasonable method when necessary to verify information, preserve the record, or comply with law.

A. Date, approximate time, and address or definite description of the location where the violation(s) was observed;
B. The Code sections or conditions violated and a description of the violation(s);

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C. The amount of the fine for the violation(s);
D. An explanation of how the fine shall be paid and the time period by which it shall be paid; E. Identification of rights of appeal, including the time within which the citation may be contested and the place to obtain a request for hearing form to contest the administrative citation;
F. The name and signature of the enforcement officer issuing the citation; G. If the violation is one which is continuing, an order to correct the violation, the actions needed to correct the violation, and an explanation of the consequences for failing to correct the violation; and
H. The name and address of the responsible person, and a signature line so that the responsible person may acknowledge receipt of the citation.

1.10.065 Continuing violations; consolidated or batched citations.

A. After required notice and expiration of any applicable correction period, each day or portion of a day that a continuing violation exists may be treated as a separate violation and may be subject to a separate administrative fine, unless otherwise limited by state law or this Code.

B. The City may issue a consolidated or batched citation for multiple daily violations, multiple violation dates, or multiple violations arising from the same enforcement matter. A consolidated or batched citation may be processed and served periodically on a weekly or biweekly basis or at another reasonable interval established by administrative policy, provided the citation satisfies Section 1.10.060 and gives the responsible person clear notice of the violations, fine calculation, payment obligation, correction requirement, and appeal rights.

C. The use of a consolidated or batched citation shall not extend, shorten, or eliminate the responsible person's right to contest the citation. A timely appeal of a consolidated or batched citation shall allow the responsible person to contest each violation and fine included in the citation.

D. Nothing in this section limits the City's authority to issue separate citations, pursue abatement, seek civil or criminal remedies, refer unpaid fines for collection, or use any other remedy authorized by this Code or state law.

1.10.067 Proof of correction; electronic records and submissions.

A. A responsible person who claims that a violation has been corrected shall provide proof of correction in the manner required by the City. Proof of correction may include photographs, inspection results, permits, receipts, declarations, contractor documentation, business records, or other information sufficient to verify correction.

B. The City may require an inspection, reinspection, permit final, field verification, or other confirmation before determining that a violation has been corrected. Acceptance of proof of correction does not limit the City's authority to issue additional citations or pursue other remedies if the violation continues, recurs, or was not fully corrected.

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C. The City may receive and maintain citation records, service records, proof of correction, appeal requests, hardship waiver requests, evidence, payments, and hearing materials electronically, if the City makes electronic processing available. Electronic records may be part of the official file or administrative record.

D. Nothing in this section requires the City to provide electronic processing in every case, and the City may require paper copies, original signatures, in-person inspection, or other documentation when reasonably necessary to verify compliance, preserve the record, or comply with law.

1.10.070 Service of citation.

Any administrative citation, notice of violation, hearing notice, hardship-waiver decision, hearing officer decision, or other document issued under this chapter may be served by any one or more methods reasonably calculated to provide notice, including the methods listed in this section.

Unless another law requires a specific method of service, the City is not required to attempt service methods in any particular order.

The following procedures shall be used in serving administrative citations:

A. Personal Service. The enforcement officer shall attempt Service may be completed by personal delivery to locate and personally serve the responsible person and obtain the signature of the responsible person on the administrative citation. If the responsible person served refuses person. Refusal or fails failure to sign the administrative citation, the failure or refusal to sign shall an acknowledgment of receipt does not affect the validity of the administrative citation service or of subsequent proceedings.

B. Service by Mail. Service may be completed by depositing the document in the United States mail, postage prepaid, addressed to the responsible person's last known address, business address, property address, address shown in City records, address shown on county property records, address provided to the City, or another address reasonably calculated to provide notice.

Service by first-class mail is complete on the date of mailing unless the document is returned as undeliverable. Certified mail, registered mail, return receipt, overnight delivery, or other delivery confirmation may be used at the City's discretion but is not required unless otherwise required by law.

C. Electronic Service. Electronic service may be used when the recipient provided the electronic address for the matter, consented to electronic service, or used the address to communicate with the City concerning the property, business, permit, license, citation, or violation. Electronic service is complete upon transmission unless the City receives notice of delivery failure. Following known delivery failure, the City shall use another authorized service method, and any response or appeal period shall run from completion of the alternate service.

D. Posting. Service may be completed by posting the document in a conspicuous place on the property where the violation exists or on other property owned, occupied, or controlled by the responsible person when posting at that location is reasonably calculated to provide notice.

Service by posting is complete on the date of posting.

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E. Publication or Other Method Authorized by Law. After reasonable efforts to provide notice by another authorized method, service may be completed by publication or another method only when authorized by applicable law and reasonably calculated to provide notice under the circumstances. The method and duration of publication shall comply with the law authorizing publication.

F. Multiple Methods; Courtesy Notice. The City may use multiple service methods and may provide additional courtesy notice by telephone, text message, electronic mail, posting, hand delivery, or other method. Failure to provide courtesy notice does not invalidate service completed under this section.

G. Proof of Service; Failure to Receive. Proof of service may be established by declaration, affidavit, certificate of mailing, electronic transmission record, posting record, photograph, business record, or other reliable documentation. Failure to receive a document does not invalidate service when the City complied with this section and the method used remained reasonably calculated to provide notice.

H. Substantial Compliance; Harmless Error. A technical defect, omission, irregularity, or error does not invalidate a citation, notice, service, hearing, decision, or other proceeding when the City substantially complied with this chapter, the notice or service remained reasonably calculated to reach the person, and the defect did not materially prejudice the person's ability to understand, correct, pay, or contest the citation. An error that impairs meaningful notice or the opportunity to file a timely appeal is not harmless.

B. Service of Citation by Mail. If the enforcement officer is unable to locate the responsible person, the administrative citation shall be mailed to the responsible person by certified mail, postage prepaid with a requested return receipt. Simultaneously, the citation may be sent by first class mail. If the citation is sent by certified mail and returned unsigned, then service shall be deemed effective pursuant to first class mail, provided the citation sent by first class mail is not returned.

C. By Posting on Property. If the enforcement officer is unable to serve the citation under subsections (A) or (B) of this section, a copy of the citation may be posted on any real property within the City in which the City has knowledge that the responsible party has a legal interest.

Service under this subsection shall be deemed effective on the date when the notice is posted; or
D. By Publication. If the enforcement officer cannot post the citation by any of the preceding methods, the citation may be published in a newspaper likely to give actual notice to the party subject to the citation. The publication shall be once a week for four successive weeks in a newspaper published at least once a week.

1.10.080 Satisfaction of administrative citation.

Upon receipt of a an administrative citation, the responsible person must do shall take one or more of the following:following actions, as applicable:

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A. Pay the fine. Pay the fine to the City within 30 days from the date of service of the citation.

All fines assessed shall be payable to the Hermosa Beach Finance Department. Payment of a fine shall not excuse or discharge a failure to correct a continuing violations nor violation and shall it not bar further enforcement action by the City. Payment of the fine, in the absence of a timely request for a hearing pursuant to Section 1.10.090, waives the responsible party’s person's right to contest the citation through the administrative hearing and appeal process; B. Remedy the violation. Correction of a violation satisfies the responsible person's obligation to correct the condition and, upon verification by the City, stops future daily fines from accruing after the verified date of compliance. Correction does not cancel or reduce a fine already lawfully imposed. Refunds for citations issued in error and determinations on appeal remain governed by Sections 1.10.050(C) and 1.10.090; or
B. Remedy the Violation. If the violation is of a nature that it can be remedied and is deemed by the enforcement officer to not create an immediate danger to health and safety and was corrected within the time given, no fine shall be imposed; or C. File an appeal. Appeals shall be filed in accordance with the time limits and other provisions of Section 1.10.090.

In the event the responsible party fails or refuses to select and satisfy any of the alternatives set forth above, then the penalty shall be immediately due and owing to the City and may be collected in any manner allowed by law for collection of a debt. Commencement of an action to collect the delinquent penalty shall not preclude issuance of additional citations citations, including consolidated or batched citations, to the responsible party person should the violations violation persist.

1.10.090 Appeal of administrative citation.

A. Time to File. A responsible person to whom an administrative citation, including a consolidated or batched citation, is issued may contest the citation by filing a request for administrative hearing within thirty (30) calendar days after service of the citation. A timely appeal of a consolidated or batched citation contests all violations, violation dates, and fines included in the citation unless the appellant expressly limits the appeal in writing.

B. Filing Requirements. To request a hearing, the appellant shall timely submit, in the manner directed by the City: (1) a completed request for administrative hearing; (2) a deposit of the full administrative fine or a timely hardship-waiver request under subsection C; (3) the administrative appeal fee established by City Council resolution, or a timely hardship-waiver request under subsection C; and (4) the information objectively identified by the City as necessary to identify the appellant, citation, grounds for appeal, and requested relief. Supporting evidence may be submitted with the appeal or within the time established for the hearing and is not required to perfect the appeal unless necessary to identify the citation or relief requested.

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timely satisfied after notice and opportunity to cure, the citation becomes final and the fine is due and may be collected as authorized by law.

C. Hardship Waiver. An appellant who is financially unable to deposit all or part of the administrative fine or pay the administrative appeal fee may submit a hardship-waiver request with the appeal. The request shall include a declaration under penalty of perjury and reasonably available supporting information demonstrating financial inability to pay. If the request is incomplete, the City shall promptly identify the additional information reasonably required. A City official designated by the City Manager who did not issue or prosecute the citation shall decide a complete request under objective standards established by administrative policy and shall issue a written decision within fifteen (15) calendar days after the request is complete. The decision shall be served pursuant to Section 1.10.070.

Collection of the amount subject to a timely hardship-waiver request is stayed until the request is decided. If the request is denied in whole or in part, the appellant shall have at least ten (10) calendar days after service of the decision to pay the required amount. Timely payment preserves the original appeal filing date. Approval of a hardship waiver excuses only the advance payment requirement and does not determine the merits of the citation or eliminate any fine or fee ultimately found due.

D. Hearing Officer Designation. The City Manager shall designate an impartial hearing officer who did not participate in the investigation, issuance, or prosecution of the citation and who has no financial or other interest in the outcome. Hearing officers shall be selected, assigned, and compensated through procedures that do not create an incentive to favor the City or any party or reward particular outcomes. Assignment methods and other implementation procedures may be established by separate administrative policy.

E. Scheduling and Notice. After timely receipt of a complete appeal submission and any required deposit or hardship-waiver determination, the City shall schedule the hearing for a date not less than fifteen (15) and not more than sixty (60) calendar days after the date of receipt. The appellant shall receive at least ten (10) calendar days' notice of the hearing, to be served pursuant to Section 1.10.070. The appellant may request one reasonable continuance. Unless the parties agree otherwise or the hearing officer finds good cause, the hearing shall commence no later than ninety (90) calendar days after the receipt of the complete appeal submission and any required deposit or hardship waiver determination.

F. Hearing Format and Written Review. Hearings may be conducted in person, by telephone, by videoconference, by written submission, or by another fair and reasonable method authorized by City procedure and approved by the hearing officer. An appellant may waive an in-person hearing and request review on written or electronic materials. Each party shall have a reasonable opportunity to submit evidence and argument and to respond to material relied upon by the other party.

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Section 1.10.070, electronic transmission, secure link, or another reasonable method that provides access. The hearing officer may exclude untimely material or grant a reasonable continuance when necessary to avoid prejudice.

H. Hearing Procedure and Burden of Proof. Administrative hearings are informal. Formal rules of evidence and discovery do not apply, but the hearing officer may consider relevant and reliable evidence of the type on which responsible persons commonly rely. The City bears the burden of proving the violation and the appellant's responsibility by a preponderance of the evidence. The administrative citation and authenticated reports, photographs, records, or other evidence submitted by the enforcement officer may constitute prima facie evidence of the facts stated therein, subject to rebuttal. Each party may present evidence, make argument, and question witnesses whose testimony is offered.

I. Failure to Appear or Participate. Failure of the appellant to appear or participate after proper notice does not require dismissal or continuance. The hearing officer may proceed in the appellant's absence, consider the administrative record and timely submitted materials, and issue a decision. Nonappearance waives the opportunity to present oral testimony but is not, by itself, an admission of the violation. The hearing officer may grant relief from nonappearance for good cause, including defective notice, by continuing the hearing.

J. Hearing Officer Authority. The hearing officer may administer oaths, rule on the admissibility and weight of evidence, regulate the course of the hearing, continue the hearing for good cause, request additional information from either party, and take other reasonable action necessary to provide a fair hearing and complete the administrative record. Only the hearing officer may approve a compliance agreement under this chapter, and only as part of an administrative appeal under this section. The agreement shall be in writing and shall address corrective actions, compliance deadlines, and related inspection requirements for the violations at issue in the appeal. This authority does not independently authorize payment arrangements, compromise of fines, or waiver of charges beyond the hearing officer's otherwise authorized powers under this section. Ordinary correction periods and written compliance schedules established by an enforcement officer under Section 1.10.045 are not compliance agreements under this provision.

K. Decision. Within fifteen (15) calendar days of the conclusion of the hearing, the hearing officer shall issue a written decision that explains the factual and legal basis for the determination. The hearing officer may affirm, modify, or rescind the citation; determine the amount of any fine, charge, or refund authorized by this chapter or City Council resolution; order correction or abatement where authorized; establish a compliance deadline; and grant any other relief within the hearing officer's authority.

If the citation is rescinded or a deposited fine is reduced, the City shall refund the applicable amount within thirty (30) calendar days after the decision becomes final. The decision shall state that judicial review must be sought within twenty (20) days after service in accordance with Section 1.10.100 and Government Code section 53069.4.

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electronic delivery failed, the City shall promptly use another authorized service method, and the judicial-review period shall run from service by that alternate method.

M. Stay and Payment Following Appeal. Collection of a citation timely appealed under this section is stayed until service of the final hearing decision, except for amounts not included in the appeal and enforcement actions necessary to address an immediate danger to health or safety. Late payment charges shall not accrue on an amount contested by a timely administrative appeal while that appeal is pending. Any amount upheld by the hearing officer is due within thirty (30) calendar days after service of the decision; no late payment charge shall accrue on that amount before this payment deadline.

A. Time to file an appeal. Any responsible person to whom an administrative citation is issued may choose to contest the citation by requesting an administrative hearing within thirty (30) days of service of the citation. In order to request a hearing, the responsible person shall submit in the manner directed on the citation a fully completed request for administrative hearing form along with either a deposit of the full amount of the administrative fine (in cash or by way of a negotiable check) or a notice that an advance deposit hardship waiver request has been filed pursuant to paragraph B of this section 1.10.090. The request for hearing shall be incomplete if it does not include the deposit in the full amount of the fine or the request for a hardship waiver.

The deposit will be retained in a non-interest bearing account until the matter is resolved. If a timely and complete request for hearing is not submitted, the citation shall be deemed final, and the fine shall be immediately due and owing to the City and may be collected in any manner allowed by law for collection of a debt. Commencement of an action to collect the delinquent fine shall not preclude issuance of additional citations to the responsible party should the violation persist.

B. Hardship Waiver. Any responsible person who requests a hearing to contest an administrative citation and who is financially unable to deposit the administrative fine as required in paragraph A of this section may file a request for an advance deposit hardship waiver. The request shall be filed with the planning department on an advance deposit hardship waiver application form, available from the department, no later than ten days after service of the administrative citation. The City Manager or his/her designee may issue an advance deposit hardship waiver only if the person requesting the waiver submits to the City Manager or his/her designee a sworn affidavit, together with any supporting documents, demonstrating to the satisfaction of the City Manager or his/her designee the person’s financial inability to deposit with the City the full amount of the fine in advance of the hearing. Written proof of financial hardship, at a minimum must include tax returns, financial statements, bank account records, salary records or similar documentation demonstrating that the responsible person is unable to deposit the penalty. The City Manager or his/her designee shall issue a written decision specifying the reasons for issuing or not issuing the waiver. The decision shall be final, and shall be served upon the person requesting the waiver by certified mail postage pre-paid return receipt requested and first class mail. If the City Manager or his/her designee determines that the waiver is not warranted, the person shall remit the full amount of the fine as a deposit within ten days of mailing of the decision. If the full amount of the fine is not deposited within the tenday period, the request for hearing shall be deemed incomplete and waived, and the citation

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shall be deemed final. The fine shall be immediately due and owing to the City and may be collected in any manner allowed by law for collection of a debt.

C. Dismissal of citation. The City Manager may dismiss an administrative citation at any time if it is determined to have been issued in error, in which event any deposit made shall be refunded.

D. Hearing procedure.

1. The Hermosa Beach City Manager shall designate the hearing officer for the administrative citation hearing.

2. After receipt of the "request for hearing" and fine deposit (or, if applicable, approval of a hardship waiver) a hearing before the hearing officer shall be set for a date that is not less than 15 and not more than 60 days from the date that the "request for hearing" is filed in accordance with the provisions of this section. The person requesting the hearing shall be notified of the time and place set for the hearing by first class mail at least ten days prior to the date of the hearing. The responsible person may request one continuance of the hearing, but in no event may the hearing begin later than 90 days after receipt of the request for hearing from the responsible person. The responsible person may attend the hearing in person or in lieu of attending may submit written argument and documentation under penalty of perjury prior to the time scheduled for the hearing.

3. Any documentation other than the administrative citation, which the enforcement official has submitted or will submit to the hearing officer, shall be sent to the person requesting the hearing by regular first class mail at least five days before the date on which the hearing is scheduled. The documentation shall also be made available upon request at the time of the hearing

4. If the responsible person fails to attend the hearing or fails to submit arguments in writing, the administrative hearing officer will render a decision based on the documents that have been received and the responsible person will be deemed to have waived his/her right to an administrative hearing. Under those circumstances, the administrative hearing officer may request additional information from either the responsible person or the enforcement official as may be necessary to render a decision. If service of the administrative hearing is made by posting the citation on real property within the City in which the responsible person has a legal interest, and the responsible person provides verifiable and substantial evidence that removal of the administrative citation from the property by a third party caused the responsible person’s failure to attend the scheduled hearing, the responsible person shall be entitled to an administrative hearing.

5. The hearing officer shall only consider evidence that is relevant to whether the violation occurred and whether the responsible person has caused or maintained the violation of the Municipal Code on the date(s) specified in the administrative citation.

6. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of his or her case and to cross-examine witnesses. The City bears the burden of proof at an administrative hearing to establish a violation of the Code. The administrative citation and any additional reports

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submitted by the enforcement official shall constitute prima facie evidence of the facts contained in those documents. The administrative hearing officer must use a preponderance of evidence as the standard of evidence in deciding the issues.

7. The hearing officer may continue the hearing and request additional information from the issuing officer/employee or the recipient of the administrative citation prior to issuing a written decision.

E. Hearing officer’s decision. At the conclusion of the hearing or within fifteen (15) days thereafter, the administrative hearing officer shall render a decision as follows:

1. Determine that the violation for which the citation was issued occurred, and impose a fine in the amount set forth in the fine and penalty schedule, and if the violation has not been corrected as of the date of the hearing, order correction or abatement of the violation. In this event, the City shall retain the fine deposited by the responsible person.

2. Determine that the violation for which the citation was issued occurred, but that the responsible party has introduced credible evidence of mitigating circumstances warranting imposition of a lesser fine than that prescribed in the fine and penalty schedule, or no fine at all, and impose such lesser fine, if any; and if the violation has not been corrected as of the date of the hearing, order correction or abatement of the violation. In this event, the City shall retain all or a portion of the fine deposited by the responsible person as applicable.

3. Determine that the violation for which the citation was issued did not occur or that the condition did not constitute a violation of the Municipal Code, or that the person cited was not the responsible party. In this event, the City shall refund the deposit, if any, within fifteen (15) days of the decision.

The administrative hearing officer’s decision shall be in writing, shall explain the basis for the decision, and shall be served upon the responsible party by first class mail, to the address stated on the request for hearing form. If applicable, the order shall set forth the date by which compliance shall be achieved and the imposed fine paid to the City. The order shall be final on the date of mailing, which shall be deemed the “date of service,” and shall notify the responsible person of the right to appeal to the Superior Court, as further described in Section 1.10.100.

F. Collection of unpaid fines. Failure to pay the assessed administrative fine within 15 days or such other time limit set forth in the administrative citation, and/or if the decision of the hearing officer has not been successfully challenged by a timely appeal as provided in section 1.10.100, this obligation shall constitute a special assessment and/or lien against the real property on which the violation occurred. The special assessment and/or lien shall be imposed pursuant to the procedure set forth in Section 8.28.080 of this Code. Alternatively, the matter may be referred for collection, which includes but is not limited to the filing of a small claims court action.

1.10.100 Right to judicial review.

Within 20 days after service of the decision of the final administrative hearing officer upon order or decision, the responsible person, he/she person may seek review of the decision by filing a

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notice of appeal with the Superior Court. Court in accordance with Government Code section 53069.4(b). The responsible person shall serve upon a copy of the notice of appeal on the City Clerk either in person or by first class mail a copy of the notice of appeal. first-class mail. If the responsible person fails to timely file a notice of appeal, the administrative hearing officer’s order or decision shall be deemed final.final and confirmed.

1.10.110 Failure to comply with administrative order.

In the absence of a timely appeal to the Superior Court, failure to comply with a final administrative order directing the correction or abatement of a continuing violation by the date specified in the order is a misdemeanor offense for each day thereafter, or any portion thereof, that the violation is maintained or permitted. In the event of a timely appeal to the Superior Court pursuant to section Section 1.10.100, and provided the City prevails thereon, prevails, the responsible person shall be guilty of a misdemeanor offense for each day, or any portion thereof, that a continuing violation is maintained or permitted after a court ordered the court-ordered abatement date. Filing a misdemeanor action does not preclude the City from issuing additional citations, pursuing collection, recording liens where authorized, conducting nuisance abatement, seeking civil or injunctive relief, revoking or withholding permits or licenses where authorized, or pursuing any other remedies to gain compliance remedy provided in this Code or under state law. For purposes of this chapter, a “continuing violation” shall mean a single, ongoing condition or activity in violation of the Municipal Code.law.

For purposes of this section, continuing violation has the meaning set forth in Section 1.10.020.

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HBMC Title 1 Proposed Code
Chapter 1.10 and affected sections of Chapters 1.04 and 1.08. Unaffected sections, ordinance recitals, adoption provisions, and codification history notes are omitted.

Proposed text source: Attachment 1. Proposed Title 1 Ordinance, provided October 8, 2026.

Chapter 1.04 General Provisions

1.04.020 Misdemeanors.

Any person violating any provision or failing to comply with any requirement of this Code shall be guilty of a misdemeanor unless the violation or failure to comply is expressly stated by this Code to be an infraction, is subject to a civil administrative penalty under Chapter 1.10, is expressly limited to civil enforcement, or is subject to a more specific classification or enforcement provision. Eligibility for an administrative citation does not, by itself, reclassify a violation as a misdemeanor or infraction. A violation may be criminally prosecuted when expressly classified or otherwise authorized by this Code or state law, including applicable provisions addressing repeated or willful violations and failure to comply with a final administrative order. The City may pursue cumulative remedies to the extent permitted by law.

Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued or permitted by such person and shall be punishable accordingly.

1.04.050 Additional provisions.

A. Each Day a Separate Violation. Unless otherwise specified, each day or portion of a day during which a violation of this Code is committed, continued, maintained, permitted, or allowed to exist constitutes a separate violation. A separate daily violation may be prosecuted as a separate offense or enforced through a separate administrative penalty only as authorized by this Code and applicable law. For a violation subject to Chapter 1.10, any notice and reasonable correction period required by law must expire before a separate daily administrative penalty is imposed.

B. Included Offenses. Whenever in the Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact or such act of omission.

C. Violations Deemed To Be a Public Nuisance. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of the Code shall be deemed a public nuisance and may be summarily abated as such by the city, and every day such condition continues shall be regarded as a new and separate offense.

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Chapter 1.08 Criminal Notices to Appear (General Citations)

1.08.010 Criminal notice to appear; general citation.

For purposes of this chapter, a "general citation" means a criminal notice to appear issued in connection with an arrest and does not mean an administrative citation issued under Chapter

1.10. If any person is arrested for the violation of any provision of this Code and such person is not taken immediately before a magistrate, the arresting officer shall prepare in duplicate a written notice to appear in court. Such notice may be referred to as a "general citation," and shall contain the name and address of such person, the offense charged, and the time when and place where such person shall appear in court.

1.08.070 Arresting officer defined.

For the purpose of this chapter, the term "arresting officer" means any police officer of the City and any other employee of the City whose duty it is to enforce the provisions of this Code who is authorized by the City Manager to use the criminal notice-to-appear procedure established by this chapter in the performance of his enforcement duties.

Chapter 1.10 Administrative Citations and Penalties

1.10.010 Administrative citations.

This chapter is adopted pursuant to the City's police power and Government Code section 53069.4 to establish administrative procedures for imposing, enforcing, collecting, and reviewing administrative citations, fines, and penalties for violations of this Code.

The administrative citation process is intended to promote timely compliance, provide clear notice and an opportunity for administrative review, recover administrative fines and penalties where authorized, and supplement other remedies available to the City.

The Building and Code Enforcement Official, or another City official designated by the City Manager, may adopt administrative policies, procedures, forms, templates, batching schedules, service documentation standards, hearing procedures, and electronic submission procedures to implement this chapter, in coordination with affected department directors and subject to approval by the City Manager and approval as to form by the City Attorney, provided such procedures are consistent with this chapter and applicable law.

Use of the provisions of this chapter shall not prevent the use of other methods of enforcement or abatement as provided by this Code, including but not limited to criminal and civil actions.

1.10.020 Definitions.

For the purposes of this chapter, the following definitions shall apply:

Administrative citation means a notice issued under this chapter that identifies one or more violations, states the applicable fine or penalty, identifies any required corrective action, and provides notice of payment, correction, and appeal rights.

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Appellant means a responsible person who timely files a request for administrative hearing under Section 1.10.090.

Compliance agreement means a written agreement approved only by the hearing officer in an administrative appeal under Section 1.10.090 that establishes corrective actions, compliance deadlines, and related inspection requirements for the violations at issue in the appeal.

Consolidated citation or batched citation means one administrative citation or citation package that identifies multiple violation dates, multiple daily violations, or multiple violations arising from the same enforcement matter and states the fine calculation and appeal rights applicable to the citation.

Continuing violation means a single ongoing condition, activity, use, or failure to act that remains in violation of this Code after notice and expiration of any applicable correction period. A continuing violation may constitute a separate violation for each day or portion of a day that the violation continues, subject to this chapter and applicable state law.

Correctable offense means an ongoing or continuing violation that can be brought into compliance through corrective action and that does not create an immediate danger to health or safety.

Electronic service means service by electronic mail or other electronic transmission where authorized by Section 1.10.070.

Enforcement officer means a police officer, City employee, or agent of the City designated by the City Manager to enforce specified provisions of this Code. The enforcement officer’s authority and responsibility are limited to the provisions covered by that designation.

Hearing officer means an impartial person designated by the City Manager under Section

1.10.090 to conduct an administrative hearing and issue a written decision.

Immediate danger to health or safety means a condition or activity presenting an imminent or substantial risk of death, serious bodily injury, significant property damage, or other immediate threat to public health or safety that reasonably requires prompt enforcement action.

Notice of violation means a written notice advising a responsible person of a violation, required corrective action, any applicable correction period, and potential consequences for failure to comply.

Official file or administrative record means the records maintained by the City for an administrative citation matter, which may include citations, notices, photographs, inspection notes, correspondence, service records, payment records, appeal forms, hardship-waiver requests, staff reports, evidence submitted by the parties, hearing recordings or notes, and written decisions. The official file or administrative record may be maintained electronically.

Record address means any address reasonably available to the City for purposes of notice, including an address shown in City records, county property records, permit or license records, application materials, business records, enforcement records, or an address provided by a responsible person.

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Repeat violation means a subsequent violation of the same Code provision or requirement by the same responsible person within the period established by this Code or City Council resolution after responsibility for a prior violation has been established by a final citation, final administrative decision, judgment, or written admission.

Responsible person means a person who causes, maintains, permits, authorizes, or controls a violation, or who has a legal duty and reasonable ability to prevent or correct the violation. An owner, occupant, operator, permittee, licensee, property manager, corporate officer, partner, trustee, successor, or other person associated with a property, business, use, or activity is responsible only when the facts establish that the person personally participated in, authorized, controlled, maintained, or permitted the violation, or had a legal duty and reasonable ability to prevent or correct it. Status or title alone does not establish responsibility.

Service means delivery, mailing, electronic transmission, posting, publication, or any other method authorized by Section 1.10.070 and reasonably calculated to provide notice.

Transitory violation means a discrete act, event, activity, or omission that is complete when it occurs or is observed and is not reasonably capable of correction through an order addressing an ongoing condition.

1.10.030 Administrative citations not a waiver of other remedies.

The procedures established in this chapter are cumulative and in addition to any criminal, civil, nuisance abatement, permit, license, injunctive, collection, or other remedy available under this Code or state law. Issuance, payment, appeal, or dismissal of an administrative citation shall not be deemed a waiver of any other enforcement remedy unless expressly stated in a written City decision or final order.

1.10.040 Code violations subject to administrative penalty procedures.

A. The violations described in the Municipal Code titles, chapters and sections listed hereinbelow are subject to the administrative penalty procedures and other provisions of this chapter:

Chapter 1.06, Custody and Use of the City Seal, Logo, and City Insignia; Chapter 5.04, Business Licenses Generally;
Chapter 5.78, Tobacco Retailers;
Chapter 5.80, Cannabis Delivery;
Chapter 5.82, Rental of Electric Bicycles;
Section 6.08.020, Dogs at Large Prohibited in Public Places; Chapter 6.16, Retail Sale of Dogs and Cats;
Chapter 8.04, Health Code Adopted;
Chapter 8.08, Alarm Systems;

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Chapter 8.12, Solid Waste Collection and Disposal;
Chapter 8.24, Noise Control;
Chapter 8.28, Nuisances;
Chapter 8.32, Rodent Control;
Chapter 8.42, Fireworks;
Chapter 8.44, Stormwater and Urban Runoff Pollution Control Regulations; Chapter 8.56, Water Conservation and Drought Management Plan; Chapter 8.60, Water Efficient Landscaping;
Chapter 8.64, Ban on Certain Polystyrene Products, Certain Single-Use Plastic Products, and Other Single-Use Products;
Chapter 8.68, Plastic Carryout Shopping Bags;
Chapter 9.28, Parties, Events and Gatherings on Private Property; Section 9.28.030, Social host liability for parties at which underage drinking occurs; Section 10.12.175, Use of electric bicycles and other wheeled devices; Chapter 10.44, Shared On-Demand Personal Mobility Devices; Chapter 12.09, Pavement Moratorium;
Chapter 12.16, Encroachments (streets and sidewalks);
Section 12.20.050, Animals;
Section 12.20.220, Motorized and electric wheeled devices; Section 12.20.230, Wheeled vehicles or devices on Strand walkway and Pier Plaza; Paragraphs (A), (T) and (U) of Section 12.28.010, Park Regulations Generally; Section 12.28.010, Park regulations generally;
Section 12.28.030, Permit requirement for outdoor fitness classes in city parks and on the beach;
Chapter 12.30, Special Events on Public Property;
Chapter 12.32, Newsracks;
Chapter 12.36, Trees;
Chapter 12.38, Sidewalk Vending;
Chapter 12.40, Camping in Public Places and Interfering with Public Access.

Title 15, Buildings and Construction, as reorganized and renumbered by Urgency Ordinance 25-1493U;

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Chapter 15.04, including Section 15.04.3306, and Chapter 15.06, including Residential Code Section R3306.10 as locally amended under Chapter 15.06, Fencing and pedestrian protection, as amended;
Chapter 15.12, including Section 15.12.1014.1.4, Grease waste and recovery system requirements, as amended;
Title 17, Zoning.

B. Exclusive of Chapter 8.68 (Plastic Carryout Shopping Bags), any person who violates the same provision, or fails to comply with the same requirement, of the provisions of this Code set forth in this section more than three (3) times within a twelve (12) month period shall be guilty of a misdemeanor for each violation committed thereafter within that same twelve (12) month period.

Any person who violates or fails to comply with a provision of this Code set forth in this section and possesses no photo identification or refuses to provide identifying information to an enforcement officer, making it impossible to issue an administrative citation, shall be guilty of a misdemeanor.

1.10.045 Notices of violation for correctable offenses.

A. Before imposing administrative fines or penalties for a continuing violation involving building, plumbing, electrical, structural, or zoning requirements that does not create an immediate danger to health or safety, the City shall provide the responsible person with a notice of violation and a reasonable correction period as specified in subsection C.

B. The notice of violation shall identify, to the extent known: the responsible person; the property owner if different from the responsible person; the address or location of the violation; the code section or requirement violated; the condition or conduct constituting the violation; the corrective action required; the compliance deadline; the potential administrative fine amounts applicable to the stated violation; and the potential consequences of failure to comply, including administrative citations, daily fines, abatement, collection, liens, civil remedies, criminal prosecution where authorized, and any other remedy available under this Code or state law. For a property-related violation, the City shall also provide the property owner a copy of the notice, when feasible, using the applicable notice and service provisions of Section 1.10.070. Providing a copy to the owner does not, by itself, establish responsibility for the violation.

C. The enforcement officer shall establish a reasonable correction period based on the nature and severity of the violation, the actions reasonably necessary to correct it, and its effect on public health, safety, or welfare. The enforcement officer shall document the basis for the correction period in the administrative record. The periods listed below are options, not mandatory deadlines, and additional time shall be allowed when reasonably necessary under paragraph 3. The correction period may include:

1. Seventy-two (72) hours for a readily correctable condition requiring prompt action;

2. Five (5) calendar days for a condition that can reasonably be corrected within that period; or

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3. A longer period or written compliance schedule when the nature of the required corrective work, permitting requirements, need for professional assistance, weather or access constraints, or other relevant circumstances reasonably require additional time.

D. No correction period is required for a violation that creates an immediate danger to health or safety or when immediate citation or enforcement is otherwise expressly authorized by this Code or state law. For any violation subject to a correction period required by Government Code section 53069.4 or other applicable law, officer discretion shall not eliminate the legally required opportunity to correct.

1.10.050 Fines.

A. Except where prior notice and a reasonable correction period are required by Government Code section 53069.4 or other applicable law, an administrative fine may be imposed upon issuance of an administrative citation. For a continuing violation, a fine may be imposed for each day or portion of a day the violation continues after any required notice and applicable correction period have expired.

Where no amount is specified by this code or by resolution or ordinance of the city council, the following fines shall apply:

1. A fine not exceeding one hundred dollars per day for a first violation;

2. A fine not exceeding two hundred dollars per day for a second violation of the same ordinance or permit within one year following the date of the first violation;

3. A fine not exceeding five hundred dollars per day for each additional violation of the same ordinance or permit within one year following the date of the first violation.

A late payment charge of ten percent will be added on any delinquent fines on the last day of each month after the due date.

B. Any responsible person who receives an administrative citation shall be subject to the payment of fines as set out in the penalty schedule for administrative fines in this Ordinance and any applicable schedule adopted by resolution of the city council. An administrative penalty shall be assessed by means of an administrative citation issued by an enforcement officer, and shall be payable directly to the city treasurer. A portion of each penalty shall constitute reimbursement for the city's administrative expenses in issuing and processing the citation. Penalties shall be collected in accordance with the procedures specified in this chapter. Payment of a penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the city.

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remains due notwithstanding subsequent correction, except for a refund for a citation issued in error or a determination made by the hearing officer on appeal under this chapter.

1.10.060 Contents of citation.

Each administrative citation shall contain the following information:

1. The date, approximate time when relevant, and address or other definite description of the location of the violation, or the applicable date or date range for multiple or continuing violations;

2. The Code sections or conditions violated and a description of the violation(s);

3. The amount of the fine and, when the citation includes multiple violations or dates, the basis for calculating the total fine;

4. The method of service and date of service, where known;

5. The payment methods and the date by which the fine shall be paid;

6. Any applicable correction procedure and hardship waiver procedure required by this chapter;

7. Notice of the right to appeal, the deadline and method for filing an appeal, and where required appeal forms or instructions may be obtained;

8. The name or unique identifying number of the enforcement officer issuing the citation;

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10. The name and address of the responsible person, if known.

1.10.065 Continuing violations; consolidated or batched citations.

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1.10.067 Proof of correction; electronic records and submissions.

1.10.070 Service of citation.

Unless another law requires a specific method of service, the City is not required to attempt service methods in any particular order.

A. Personal Service. Service may be completed by personal delivery to the responsible person.

Refusal or failure to sign an acknowledgment of receipt does not affect the validity of service or subsequent proceedings.

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delivery failure, the City shall use another authorized service method, and any response or appeal period shall run from completion of the alternate service.

Service by posting is complete on the date of posting.

1.10.080 Satisfaction of administrative citation.

Upon receipt of an administrative citation, the responsible person shall take one or more of the following actions, as applicable:

A. Pay the fine. Pay the fine to the City within 30 days from the date of service of the citation.

Payment of a fine shall not excuse or discharge a failure to correct a continuing violation and shall not bar further enforcement action by the City. Payment of the fine, in the absence of a timely request for hearing pursuant to Section 1.10.090, waives the responsible person's right to contest the citation through the administrative hearing process; B. Remedy the violation. Correction of a violation satisfies the responsible person's obligation to correct the condition and, upon verification by the City, stops future daily fines from accruing after the verified date of compliance. Correction does not cancel or reduce a fine already lawfully imposed. Refunds for citations issued in error and determinations on appeal remain governed by Sections 1.10.050(C) and 1.10.090; or

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C. File an appeal. Appeals shall be filed in accordance with the time limits and other provisions of Section 1.10.090.

Commencement of an action to collect the delinquent penalty shall not preclude issuance of additional citations, including consolidated or batched citations, to the responsible person should the violation persist.

1.10.090 Appeal of administrative citation.

If a timely appeal submission is incomplete, the City shall provide written notice identifying each deficiency and allow at least ten (10) calendar days after service of the notice to cure it. A timely submission cured within that period retains its original filing date. If the requirements are not timely satisfied after notice and opportunity to cure, the citation becomes final and the fine is due and may be collected as authorized by law.

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G. Evidence Disclosure. Any documentation other than the administrative citation that the City submits or intends to submit to the hearing officer shall be provided to the appellant, or made reasonably available for review, at least ten (10) calendar days before the hearing unless the appellant agrees to a shorter period. Materials may be provided by any method authorized by Section 1.10.070, electronic transmission, secure link, or another reasonable method that provides access. The hearing officer may exclude untimely material or grant a reasonable continuance when necessary to avoid prejudice.

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L. Service and Finality of Decision. The decision shall be served pursuant to Section 1.10.070 and becomes final upon service, subject to judicial review under Section 1.10.100. Electronic service may be used when authorized by Section 1.10.070. If the City receives notice that electronic delivery failed, the City shall promptly use another authorized service method, and the judicial-review period shall run from service by that alternate method.

1.10.100 Right to judicial review.

Within 20 days after service of the final administrative order or decision, the responsible person may seek review by filing a notice of appeal with the Superior Court in accordance with Government Code section 53069.4(b). The responsible person shall serve a copy of the notice of appeal on the City Clerk either in person or by first-class mail. If the responsible person fails to timely file a notice of appeal, the administrative order or decision shall be deemed final and confirmed.

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1.10.110 Failure to comply with administrative order.

In the absence of a timely appeal to the Superior Court, failure to comply with a final administrative order directing correction or abatement of a continuing violation by the date specified in the order is a misdemeanor offense for each day thereafter, or any portion thereof, that the violation is maintained or permitted. In the event of a timely appeal to the Superior Court pursuant to Section 1.10.100, and provided the City prevails, the responsible person shall be guilty of a misdemeanor offense for each day, or any portion thereof, that a continuing violation is maintained or permitted after the court-ordered abatement date. Filing a misdemeanor action does not preclude the City from issuing additional citations, pursuing collection, recording liens where authorized, conducting nuisance abatement, seeking civil or injunctive relief, revoking or withholding permits or licenses where authorized, or pursuing any other remedy provided in this Code or under state law.

For purposes of this section, continuing violation has the meaning set forth in Section 1.10.020.

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CONSIDERATION OF AN ORDINANCE

AMENDING HERMOSA BEACH
MUNICIPAL CODE CHAPTER 1.10 TO

MODERNIZE ADMINISTRATIVE CITATION

PROCEDURES
City Council Meeting October 13, 2026
26 - CDD - 078

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WHAT IS AN ADMINISTRATIVE CITATION?
• An administrative citation is a notice of a specified Municipal Code violation that carries a monetary fine.
• It is a civil process, separate from criminal prosecution. The citation explains how to pay or challenge it.
• Paying the fine does not remove the duty to correct.

Correcting the violation does not automatically cancel a lawful fine.
• An appeal allows a person to challenge the violation or the amount owed.

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• April and June 2024: Council updated fines for electric bicycles and wheeled devices, and fireworks.
• July and September 2024: Council requested and reviewed broader enforcement options, including late fees, collections and appeals.
• November 2025: Council expanded TurboData services for citation processing, billing, payment collection and follow-up on unpaid citations.

BUILDING ON PRIOR COUNCIL ACTIONS

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THIS UPDATE
• Update the Code to support flexible notice
methods, batch citations and electronic
processing.
• Give staff a consistent framework while
preserving notice, correction opportunities and
appeal rights.
• Maintain procedures and forms
administratively, within the Code and required
City approvals.

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MORE FLEXIBLE NOTICE DELIVERY
• Remove the fixed order for attempting delivery methods, unless another law requires a specific method.
• Allow email when the recipient provided the address for the matter, consented, or used it to communicate with the City about the matter.
• Staff select an authorized delivery method appropriate to the case, subject to applicable legal requirements.
• Retain meaningful notice. If electronic delivery fails, use another authorized method and start response deadlines
from that service.

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FORMALIZING BATCH CITATIONS
• Allow one itemized citation to cover multiple
violations or dates from the same enforcement
matter.
• Process and deliver the package at intervals
set by City procedure, reducing repetitive
paperwork.
• List each violation or date, its fine and the total
so the recipient can understand the charges.
• Preserve required notice and time to correct. A
timely appeal may challenge every included
violation and fine.

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SUPPORTING ELECTRONIC PROCESSING
• Allow electronic citation files, delivery records, correction evidence, appeals and hearing materials.
• Allow electronic forms, submissions and payment methods when the City makes them available.
• Reduce repeated paper handling and help staff maintain a consistent case record.
• Retain inspections, original documents or paper records when needed to verify compliance or meet legal
requirements.

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FINES AND LATE-CHARGE IMPLEMENTATION
• Existing base citation fines in the adopted Exhibit F schedule remain unchanged.
• The ordinance adds a 10 percent monthly late-charge
provision. Implementation and related fee adoption would return to Council separately.
• Late charges do not accrue on contested amounts during a timely appeal or before the payment deadline following the decision.

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KEEPING NOTICE AND APPEAL PROTECTIONS
• Notices explain the violation, required correction, deadline and potential fines.
• Certain ongoing violations require a reasonable opportunity to correct before fines. Immediate action remains available where authorized.
• A person may appeal within 30 days after formal delivery and request a hardship waiver of required advance
payments.
• An impartial hearing officer may use remote or written review while preserving fair participation, and issues a written decision explaining the outcome.

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STAFF RECOMMENDATION
• Conduct a public hearing regarding the proposed
amendments to the Hermosa Beach Municipal Code
(HBMC).
• Introduce by title only and waive further reading of an ordinance amending HBMC Chapter 1.10 and Sections

1.04.020, 1.04.050, 1.08.010, and 1.08.070 to modernize administrative citation procedures (Attachment 1), as
presented or with Council-directed modifications reflected in the ordinance text.
• Find that the proposed ordinance is not a project under CEQA Guidelines section 15378(b)(5) and is independently exempt under section 15061(b)(3) (Common Sense
Exemption).

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City of Hermosa Beach | Page 1 of 6
Meeting Date: October 13, 2026
Staff Report No. 26-CDD-087
Honorable Mayor and Members of the Hermosa Beach City Council ZONE TEXT AMENDMENT (TA26-02) TO AMEND TITLES 16 AND 17 OF THE

HERMOSA BEACH MUNICIPAL CODE ELIMINATING THE CONDITIONAL USE

PERMIT FOR CONDOMINIUMS AND REVISING DEVELOPMENT STANDARDS AND

UPDATING TENTATIVE MAP PROCEDURES
(Associate Planner DeDe Tran)
Recommended Action:

Staff recommends City Council:

1. Conduct a public hearing to consider the proposed amendments to Titles 16 and 17 of the Hermosa Beach Municipal Code to eliminate the Conditional Use Permit requirement for condominiums, revise development standards for condominiums, and update tentative map procedures;

2. Find that the action is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21080.085 and independently exempt pursuant to CEQA Guidelines section 15061(b)(3); and

3. Introduce by title only and waive first reading of an Ordinance (Attachment 1) of the City of Hermosa Beach approving the Zone Text Amendment (TA26-02).

Executive Summary:

To align with and be consistent with PLAN Hermosa, the City’s General Plan, staff prepared Zoning Text Amendment (TA26-02), which proposes eliminating the Conditional Use Permit requirement for condominiums, revising development standards for condominiums, and updating tentative map procedures.

Background:

In 2017, the City Council adopted PLAN Hermosa, the City’s General Plan. In 2020, the City completed an assessment report outlining areas of Title 16 (Subdivisions) and Title 17 (Zoning) of the Hermosa Beach Municipal Code (HBMC) that should be revised to align with PLAN Hermosa. In 2021, the City initiated the Zoning Code Update to implement the General Plan’s policies and recommendations. On August 8, 2023, the City Council adopted the 2021-2029 Housing Element. The Housing Element identifies removing government constraints on housing as a key policy objective. The Housing Element includes a program to streamline housing production through Zoning Code amendments, including eliminating the requirement for a Conditional Use Permit (CUP) for condominiums and updating the Subdivision Ordinance for condominium projects.

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City of Hermosa Beach | Page 2 of 6
On May 26, 2026, the City Council adopted the Administrative Procedures component of the Zoning Code update, including new procedures for Minor and Major Precise Development Plans (PDP), HBMC Section 17.74.025. Under these procedures, residential projects with two to four dwelling units are processed as Minor PDPs, which the Community Development Director reviews with public notice but without a public hearing.

Past Commission and Council Actions
Meeting Date Description
City Council
May 26, 2026
The City Council adopted the Administrative Procedures
component of the Zoning Code update, including new
procedures for Minor and Major Precise Development Plans (PDP), HBMC Section 17.74.025.

Planning
Commission
August 18, 2026
The Planning Commission recommended approval of the
Zone Text Amendment (TA26-02) to eliminate the Conditional Use Permit requirement for condominiums, revise
development standards for condominiums, and update
tentative map procedures.

On August 18, 2026, the Planning Commission held a hearing, took public testimony, and recommended approval of the Ordinance for City Council approval. One written public comment was received in response to this agenda item (Attachment 4).

Discussion:

To remove the CUP requirement for condominiums and eliminate subjective design standards within the condominium standards, staff recommends zoning text amendments to both HBMC Chapter 16, Subdivisions, and Chapter 17, Zoning.

To better align the subdivision process with the recently adopted PDP procedures for residential subdivisions containing two to four dwelling units, staff recommend establishing a minor tentative map and major tentative map review process. Projects that qualify for a minor Planned Development Permit would be eligible for a corresponding Minor Tentative Map process if the subdivision creates two to four residential condominiums. The Community Development Director would review the Minor Tentative Map, and it would require public notice that corresponds directly to the minor PDP review.

Major Tentative Maps would be approved by the Planning Commission at a public hearing.

Below is a summary of the proposed amendments by Chapter. Attached (Attachment 2) are the Redline and Annotated Draft Resolution Exhibits.

1. Chapter 16.04 Subdivisions
The proposed amendments to Chapter 16.04 reflect that the Community Development Director is the review authority for Urban Lot Splits and the newly

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City of Hermosa Beach | Page 3 of 6
proposed Minor Tentative Map process. The proposed Major and Minor Tentative Map procedures are discussed in greater detail in Chapter 16.08, Procedures.

2. Chapter 16.08 Procedure
The proposed amendments update plan review and intake to reflect current procedures and establish separate review processes for Major Tentative Maps and Minor Tentative Maps.

Key amendments to this chapter include:
 Establishing the threshold for Minor Tentative Maps and Major Tentative Maps as reflected in the Table Below:

Map Type Subdivision
Threshold Review Authority
Major Tentative
Map
All non-residential
subdivisions
Residential or mixed Planning Commission
use of five (5) or more
lots or condominium
units
Minor Tentative
Map
Residential or mixed
use of four (4) or fewer
lots or condominium
units
Community Development
Director
 References to the Planning Commission are revised where appropriate to also include the Community Development Director as the review authority for Minor Tentative Maps.
 Establishes corresponding public notification procedures that parallel the City's Major and Minor Precise Development Plan (PDP) process, including noticing requirements as reflected in the Table below.

Permit Type Notice
Type
Notification Method
Mailing
Radius Website Site Posting
Newspaper

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City of Hermosa Beach | Page 4 of 6
Major
Tentative MapPublic
Hearing
NonResidential 500’
Yes Yes Yes
Residential 300’
Minor
Tentative Map
Pending
Action 100’ Yes Yes No
 Updates submittal requirements to eliminate highly prescriptive processes that no longer reflect current practices, including the elimination of paper plans and distribution lists.
 Eliminates reference to the Board of Zoning Adjustment, which is a defunct review authority.
 Eliminates subjective residential development standards by removing discretionary language that allows the review authority to determine the additional standards or information needed during its review.

3. Chapter 17.22 Condominiums, Stock Cooperatives and Community Apartment.

The proposed amendments modernize condominium regulations by removing subjective design criteria, eliminating unnecessary discretionary review, and aligning condominium processing with the PDP process. The following highlights key changes:
 Removes subjective development standards related to architecture and design.
 Eliminates the Conditional Use Permit requirement (while still retaining the requirement for a PDP) for condominium development, both residential and commercial/industrial.
 Revises condominium conversion procedures to be processed through the Major or Minor PDP review process, as applicable.

4. Chapter 17.24 Residential Planned Development.

The proposed amendments update the Residential Planned Development (RPD) regulations to align with the City's proposed Major and Minor Precise Development Plan review process.

Amendments in this Chapter include:
 Replacing the existing Conditional Use Permit requirement with the Major and Minor PDP review process.
 Eliminating subjective findings and procedures.
 Eliminating a Final Plan and clarifying that an RPD plan is required

5. Chapter 17.26 C1, C2, and C3 Commercial Zones.

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City of Hermosa Beach | Page 5 of 6
The proposed amendments make two targeted revisions to the commercial land use table:
 Eliminates the Conditional Use Permit requirement for condominium developments while retaining the Precise Development Plan requirement.  Removes duplicative land use regulations.

The proposed amendments would eliminate subjective design standards and the CUP requirement for condominiums, reducing regulatory barriers and streamlining the housing entitlement process consistent with the programs identified in the Housing Element of the General Plan.

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 CommonSense Exemption provides that CEQA applies only to projects that may significantly affect the environment. The amendment revises review procedures and standards for condominium and subdivision applications but does not approve any particular development, change permitted land uses, increase allowable density or development intensity, or alter environmental, health, or safety requirements. The amendment retains applicable Precise Development Plan and tentative-map review requirements. Future development applications remain subject to all applicable regulatory requirements, including project-level CEQA review where CEQA applies. Therefore, the amendment itself cannot cause a significant effect on the environment.

In addition, the proposed zone text amendments implement the schedule of actions in the City's approved 2021-2029 Housing Element by removing governmental constraints to housing, including eliminating the Conditional Use Permit requirement for condominiums and updating subdivision procedures. The California Department of Housing and Community Development has clarified that Public Resources Code section 21080.085 applies to zoning-text amendments that implement housing-element commitments, including amendments that reduce procedural barriers or modify development standards.

The amendment would not allow the construction of a distribution center or oil and gas infrastructure, or construction within the boundaries of any natural and protected lands as defined in Public Resources Code section 21067.5. Accordingly, the exclusions in section 21080.085(b) do not apply, and the amendment is statutorily exempt from CEQA pursuant to Public Resources Code section 21080.085.

Fiscal Impact:

There is no fiscal impact associated with the recommended actions.

Public Notification:

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City of Hermosa Beach | Page 6 of 6
On September 24, 2026, the City published a public notice about the October 13, 2026 City Council meeting in the Easy Reader and posted it at City Hall, the Library, and the Community Center (Attachment 3).

Attachments:

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

2. Redlined and Annotated Draft Ordinance Exhibits

3. Public Notification Materials

4. Public Comment August 18, 2026
Respectfully Submitted by: DeDe Tran, Associate Planner Concur: Alexis Oropeza, Planning Manager
Concur: Alison Becker, AICP, Community Development Director 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 AMENDING TITLE 16 (SUBDIVISIONS) AND TITLE 17 (ZONING) OF THE HERMOSA BEACH MUNICIPAL CODE TO ELIMINATE

THE CONDITIONAL USE PERMIT REQUIREMENT FOR CONDOMINIUMS,

REVISE THE DEVELOPMENT STANDARDS FOR CONDOMINIUMS, AND
UPDATE TENTATIVE MAP PROCEDURES APPLICABLE CITYWIDE; AND

DETERMINING THE ORDINANCE IS STATUTORILY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.085 AND INDEPENDENTLY EXEMPT PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3)
WHEREAS, the City Council adopted the City of Hermosa Beach (“City”) General Plan entitled “PLAN Hermosa” on August 22, 2017; and WHEREAS, in the event that a zoning ordinance becomes inconsistent with a general plan by reason of amendment to the general plan, or to any element of the plan, the zoning ordinance shall be amended within a reasonable time so that it is consistent with the general plan as amended pursuant to Government Code Section 65860; and
WHEREAS, there is a need to comprehensively amend Title 17 (Zoning) of the Hermosa Beach Municipal Code (“HBMC”) to be consistent with PLAN Hermosa; and
WHEREAS, the City's 2021-2029 Housing Element identifies the removal of governmental constraints as a key policy objective and includes programs to streamline housing development through zoning-text amendments, including eliminating the Conditional Use Permit (“CUP”) requirement for condominium projects in HBMC Title 17 (Zoning) and updating subdivision procedures in HBMC Title 16 (Subdivisions); and
WHEREAS, Public Resources Code section 21080.085 provides a statutory CEQA exemption for rezoning that implements the schedule of actions in an approved housing element, and the California Department of Housing and

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Community Development (“HCD”) has clarified that the exemption applies to zoning-text amendments that implement housing-element commitments (including amendments that reduce procedural barriers or modify development standards); and
WHEREAS, the Planning Commission held a duly noticed public hearing on August 18, 2026, to consider an amendment to HBMC Title 16 (Subdivisions) and Title 17 (Zoning); and
WHEREAS, the City Council held a duly noticed public hearing on October 13, 2026, received and considered all testimony and evidence presented, and considered the proposed amendments to HBMC Titles 16 and 17; and WHEREAS, the City Council desires to achieve alignment and consistency with PLAN Hermosa, to eliminate the CUP requirement for condominiums, revise development standards for condominiums and update tentative map procedures.

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

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

SECTION 2. Repeal and Replace. The provisions of HBMC Title 16 and Title 17 identified in this Ordinance are hereby repealed, replaced, renumbered, amended, and 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 the City's 2021-2029 Housing Element and are necessary to implement the Housing Element's programs, remove governmental constraints to housing, and modernize subdivision and zoning procedures.

SECTION 4. Adoption of Amendments. The City Council hereby amends and adopts HBMC Title 16 and Title 17 as set forth in the following Exhibits, all of which are attached hereto and incorporated herein by reference:

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a. Exhibit A. Chapter 16.04 – Subdivisions
b. Exhibit B. Chapter 16.08 – Procedures
c. Exhibit C. Chapter 17.22 – Condominiums, Stock
Cooperatives, and Community Apartments
d. Exhibit D. Chapter 17.24 – Residential Planned
Development
e. Exhibit E. Chapter 17.26 – C1, C2 and C3 Commercial
Zones
SECTION 5. California Environmental Quality Act (“CEQA”). The City Council finds the following:
a. Public Resources Code Section 21080.085. This
Ordinance is statutorily exempt from CEQA pursuant to Public Resources Code section 21080.085 because it implements the schedule of actions in the City's approved 2021-2029 Housing Element by removing governmental constraints to housing, including eliminating the CUP requirement for condominiums and updating subdivision procedures. HCD has clarified that this section applies to zoning-text amendments that implement housing-element commitments, including amendments that reduce procedural barriers or modify development standards. The Ordinance would not allow the construction of a distribution center or oil and gas infrastructure, or construction within the boundaries of any natural and protected lands as defined in Public Resources Code section 21067.5.

Accordingly, the exclusions in this section do not apply. b. CEQA Guidelines Section 15061(b)(3). The Ordinance
independently qualifies for the common-sense exemption under CEQA Guidelines section 15061(b)(3). The Ordinance revises review procedures and standards for condominium and subdivision applications but does not: (1) approve any particular development; (2) change permitted land uses; (3) increase allowable density or development intensity; or (4) alter environmental, health, or safety requirements. The Ordinance retains applicable Precise Development Plan and tentative-map review requirements. Future development applications remain subject to all applicable regulatory requirements, including

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project-level CEQA review where CEQA applies. Therefore, it can be seen with certainty that there is no possibility the Ordinance itself may cause a significant effect on the environment.

SECTION 6. 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 7. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 8. Effective Date. This Ordinance shall take effect thirty (30) days after its passage and adoption pursuant to California Government Code section 36937.

PASSED, APPROVED, and ADOPTED on this 13th day of October, 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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Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885

EXHIBIT A
CHAPTER 16.04 Subdivisions
Chapter 16.04 (Subdivisions) of the Hermosa Beach Municipal Code is hereby amended as follows

16.04.010 Definitions.

For purposes of this title:

Block: Where the need for determination regarding lot merger under Section 16.20.030 occurs, the term "block" shall mean both sides of a street within the same zoning district uninterrupted by an intersecting or intercepting street (not including an alley).

Design: refers to street alignment, grades and widths, alignment and widths of easements and rights-of-way for drainage and sanitary sewers, and minimum lot area and width; includes land to be dedicated for park or recreational purposes; and also refers to such specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to or implementation of applicable general or specific plans of the city.

Improvement: refers to such street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof; and also refers to such specific improvements or types of improvements the installation of which, either by the subdivider, by public agencies, by private utilities, or by a combination thereof, is necessary or convenient to insure conformity to or implementation of applicable general or specific plans of the city.

Vesting tentative map: means a map for a residential subdivision, as defined in the Hermosa Beach subdivision ordinance, that shall have printed conspicuously on its face the words "Vesting Tentative Map": At the time it is filed in accordance with Section 16.16.030, and is thereafter processed in accordance with the provisions thereof.

16.04.020 Statement of intent.

The purpose of this title regulating the design and improvement of subdivisions and lot splits is to provide for the orderly division of land and buildings within the city.

Its regulations are to ensure that the costs of land divisions and the burdens thereof are borne by the property owners and those interested in the land and not by the general public.

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The fees and regulations provided herein may be changed from time to time to compensate for rising costs and technological changes.

No property in the city shall be divided for the purpose of sale, lease or other financial separation, except as governed by the provisions of this title and the provisions of Title 7, Division 2 of the Government Code of the state of California, otherwise known as the Subdivision Map Act.

16.04.030 Review Authority
The city planning commission is designated as the advisory agency of the city council and charged with the duty of making investigations and reports on the design and improvement of all proposed divisions of land except Urban Lot Splits and Minor Tentative Maps which are reviewed by the Community Development Director.

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

EXHIBIT B
CHAPTER 16.08 Procedure
Chapter 16.08 (Procedure) of the Hermosa Beach Municipal Code is hereby amended as follows:

16.08.010 Division of lots into more than four parcels–condominium of two or more units–tentative maps.

A. Each property owner applying for approval of divisions of land into more than four parcels or a condominium of two or more units shall file with the Community Development Department an application which shall include the following:

1. A tentative subdivision map, drawn to a scale of not smaller than forty (40) feet to the inch, showing the proposed subdivision, drawn by a licensed surveyor or registered civil engineer, which shall show the following:
a. Names, addresses and telephone numbers of the property owners, the subdivider, the registered civil engineer or licensed surveyor who prepared the map,
b. The approximate dimensions, area and shape of each lot, c. The record boundaries and area of the parcel to be subdivided, d. The name, size and location of abutting streets and tracts, e. The dimensions of all streets, ways and easements to be dedicated to the city public utilities, and location of all existing easements,
f. Legal description of property to be divided,
g. Source of water supply,
h. Method of sewage disposal, including sizes and locations of existing mains serving proposed subdivisions,
i. Proposed public areas,
j. Location of existing buildings and all trees with a diameter in excess of six inches, and other improvements on the property to be divided,
k. Method of surface water disposal,
l. Location and depth of fill areas,
m. Applicant shall agree to provide any necessary easements for the proposed parcel or parcels,

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n. North arrow, scale;

2. A grading plan showing existing and proposed contours at two-foot intervals.

B. Upon receipt and acceptance of the application and tentative map or maps by the Community Development Department, the tentative map shall be distributed to other City Departments and agencies as deemed necessary.

16.08.030 Review Authority
The Director shall act as the review authority of Minor Tentative Maps and the Planning Commission shall act as the review authority for Major Tentative Maps.

A Major or Minor Tentative Map, as specified in this section, is required for all projects that require a tentative map.

Map Type Subdivision Threshold Review Authority
Major Tentative Map All non-residential
subdivisions
Planning Commission Residential or mixed use of
five (5) or more lots or
condominium units
Minor Tentative Map Residential or mixed use of
four (4) or fewer lots or
condominium units
Community Development
Director

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

B. Public Notice. An application for a Tentative Map shall require a public notice in accordance with the table below:

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Permit Type
Notice
Type
Notification Method
Mailing
Radius Website
Site
Posting Newspaper
Major Tentative Map Public
Hearing
Non-Residential 500’
Yes Yes Yes
Residential 300’
Minor Tentative Map Pending
Action 100’ Yes Yes No
C. Reapplication Upon Denial. After the denial of a Tentative Map has become final, no further application for the same Tentative Map 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 Tentative Map. An application for a Major Tentative Map shall require a public hearing before the Planning Commission pursuant to Section 17.03.060 (Conduct of Public Hearings).

16.08.050 Final maps.

A. Final maps, with a letter from the city and/or county engineer attesting to the substantial conformance of the final map with the tentative map, shall be filed with the city clerk. The city council shall review and approve the final map within thirty (30) days of the filing, provided the map conforms to all of the requirements of this chapter and the State Subdivision Map Act of the State of California which were applicable at the time of the approval of the tentative map, and all conditions of approval of the tentative map shall have been met or guaranteed with surety bonds or other manner satisfactory to the city engineer and the city attorney to assure completion as required.

B. The time limit for the approval of a final map may be extended by mutual consent of the subdivider and the city council. If no action is taken within the prescribed time limit or within the time to which it has been extended by mutual consent, the map, if it conforms to all of the requirements above set out, shall be deemed to be approved, and it shall be the duty of the city clerk thereupon to certify approval.

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C. The City Council shall at that time also accept or reject any or all offers of dedication and shall, as a condition precedent to the acceptance of any streets or easements, provide for the improvements of such streets or easements in accordance with standards established by local ordinance applicable at the time of approval of the tentative map pursuant to requirements provided by the Subdivision Map Act of the state of California.

16.08.060 Planned unit development (PUD).

A. Lots less in area and width than the minimum specified within this chapter and not fronting on a public street may be approved when the proposed tentative tract or parcel map fall within the definition of a Planned Unit Development (P.U.D.).

B. Subdivision of Land and Tract Map Required. A tentative tract map shall be filed and shall show the precise location and designation of all lots upon which residential dwellings are to be developed; all lots to be owned in common which are designed to be developed and used exclusively for supplemental parking and vehicular and pedestrian access from a publicly dedicated street to individually owned lots; and all lots to be owned in common which are designed to be developed, reserved and used exclusively for open space and recreational uses. No building permit shall be issued for any lot within the boundaries of a planned unit development unless and until a final subdivision tract map has been recorded. A final tract map which deviates from the conditions imposed by the conditions of approval of a tentative tract map shall not be approved for recordation. In regard to division, sale or separation of lots or parcels of land, the following regulations shall apply:

1. Division of Lots or Parcels. In addition to the information required to be shown on the tentative and final tract maps, where lots or parcels of land are to be sold or separated in ownership from other property in the development, or applicable phase thereof, the respective maps shall also designate the boundaries of the lots or parcels of land to be sold or separated in ownership.

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unit or lot or parcel of land. Such undivided interest shall include either an undivided interest in the open space and area designated as common vehicular access or a share in the corporation or voting membership in an association owning the open space and area designated as common vehicular and pedestrian access.

C. Final Tract Map. The title page of the final recorded tract map or maps, as the case may be, shall contain the following statement pertaining to the sale or separation of lots upon which individual buildings or dwellings are to be developed:
"No lot in this Tract Map upon which residential dwellings or buildings are to be built, constructed, developed or otherwise occupied, shall be contracted to sell, sold, granted, deeded, conveyed, title transferred or otherwise separated in ownership, including subsequent heirs and owners in interest, or encumbered separately from an individual interest in lots appurtenant thereto so designated on this Tract Map for vehicular and pedestrian access, open space, and any other areas appurtenant thereto."

16.08.070 Requirements for approval of subdivision map.

The Review Authority shall find that:

A. The proposed subdivision would not create lots smaller than a forty (40) foot width and having less than four thousand (4,000) square feet; B. The proposed lots, after being divided, front on public streets and do not front on any alleys;
C. The granting of the subdivision would result in the creation of lots that would be of a size and configuration which would be in keeping with the standards of development specified by the zoning ordinance for the land use zone in which it is located;
D. The creation of the proposed lots would be in conformity with the intent and purpose of the comprehensive general plan for the city; E. The tentative subdivision map complies with the requirements for approval set forth in the Subdivision Map Act of the state of California.

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16.08.080 Grounds for denial of approval of subdivision map.

The Review Authority shall deny approval of a tentative or final subdivision map if it makes any of the following findings:

A. That the proposed map is not consistent with the applicable general and specific plans;
B. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;
C. That the site is not physically suitable for the type of development; D. That the site is not physically suitable for the proposed density of development;
E. That the design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
F. That the design of the subdivision or the type of improvement is likely to cause serious public health problems;
G. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the city council may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public.

This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the city council or Review Authority to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

16.08.090 Subdivision agreements and bonds–improvement security.

To assure the completion of required improvements after recordation of a final map, the city engineer shall require the submission of bonds sufficient to accomplish subject improvements. Should the subdivider fail to complete the required improvements within a reasonable time or in accordance with a written subdivision agreement signed by the

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subdivider and the city clerk, the city engineer shall cause said bonds to be forfeited and the improvements completed.

16.08.100 Fees.

A. Generally. Fees in all cases shall be sufficient to cover the city’s costs in processing tentative and final maps as established by resolution.

B. Tentative Maps. A filing fee fixed by resolution of the city council shall be submitted by the applicant to cover costs of filing and examination of tentative maps. This fee shall be nonrefundable.

16.08.110 Sewer facilities use fees.

A. The construction of sewer facilities adequate to carry the sewage from a proposed subdivision to the nearest trunk line shall be the sole responsibility of the subdivider.

B. The city shall not be required to accept sewage outflow beyond the capacity of existing sewer lines.

C. If in the opinion of the street superintendent a proposed subdivision will exceed the capacity of existing sewer lines, the subdivider will be required to provide adequate facilities prior to approval of a final map.

D. Sewer use fees may be required in addition to construction of adequate sewer lines.

16.08.120 Miscellaneous requirements.

A. Water Service. The subdivider shall be responsible for obtaining adequate water service and shall present satisfactory assurance prior to approval of the final map.

B. Drainage. All surface drainage shall be conducted to an approved storm drain, gutter or absorbed on site. No surface waters shall flow across a sidewalk or street intersection unless specifically approved by the city engineer.

C. Conveyance of Portion of Subdivision. Conveyances of any part of a subdivision shall not be made by lot or block number, initial or other designation unless and until a final map has been recorded.

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D. Grading Plan. A grading plan may be required prior to approval of a tentative map where natural slope exceeds ten percent.

16.08.130 Division of lots which does not create more than four parcels (lot splits).

Each property owner applying for approval of a subdivision of land into four parcels or less shall file an application with the Community Development Department which shall include the following:

A. A tentative parcel map showing the land to be divided and its proposed division.

The map shall be prepared by a licensed surveyor, or registered civil engineer.

The map shall be eighteen (18) by twenty-six (26) inches, and shall be legibly drawn using a decimal or engineer’s scale at a scale not smaller than one-inch equals forty (40) feet and shall clearly show the following information:

1. The dimensions, total area and record boundaries of the total parcel together with a legal description of the total parcel,

2. The dimensions, area, legal description and boundaries of each proposed parcel,

3. The names, addresses and telephone numbers of the property owners, the subdivider, the registered civil engineer, or licensed surveyor who prepared the map,

4. The abutting streets and alleys and existing surface improvements and proposed dedications and improvements, if any,

5. The location of other existing easements,

6. Any and all improvements existing on the property in relation to the property lines and the proposed division,

7. Applicant shall agree to provide any necessary easements for the proposed parcel or parcels,

8. If necessary, the Review Authority shall establish the front of the lots and front setbacks,

9. Location of existing buildings and all trees with a diameter in excess of six inches, and other improvements on the property to be divided,

10. Method of surface water disposal,

11. Location and depth of fill areas;
B. Hearings for lot splits shall be held by the Review Authority and shall be processed in the same manner as for tentative subdivision maps.

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

EXHIBIT C
CHAPTER 17.22 Condominiums, Stock Cooperatives and Community Apartment Chapter 17.22 (Condominiums, Stock Cooperatives and Community Apartment) of the Hermosa Beach Municipal Code is hereby amended as follows:

17.22.030 Construction, maintenance and development–residential–purpose.

The purpose of Sections 17.22.030 through 17.22.060 is to promote the following standards for condominiums and like developments.

A. Functional aspects of the site development such as automobile and pedestrian circulation shall comply with Chapter 17.44 Off-Street Parking and Chapter 12.08 Street, Sidewalk, Curb and Gutter Construction; B. A comprehensive and integrated design, providing its own open space, and off-street parking. Insofar as the scale of the project allows, open space, walkways and other areas for people should be separated from parking areas, driveways and other areas for automobiles;
C. A layout of structures and other facilities to effect conservation in street, driveway, curb cut and other public or quasi-public improvements.

D. Trees over six inches in diameter should not be removed unless it can be demonstrated that their removal is an unavoidable consequence of development and that any trees removed will be replaced by comparable landscaping. These determinations shall be made by the Community Development Director ;
E. Covenants, conditions and restrictions ensuring that potential problems, resulting from lack of continuous and centralized management, do not impact upon the public health, safety and welfare.

17.22.050 Construction, maintenance and development–residential–declaration of covenants, conditions and restrictions.

The project covenants, conditions and restrictions shall be submitted with the filing of a tentative map or precise development plan as provided in Chapter 17.74 application and shall contain all of the following provisions:

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A. Storage for Boats, Trailers and Recreational Vehicles. Storage of boats, trailers, recreational vehicles and other similar vehicles shall be prohibited in required parking spaces and/or where visible from the public right-of-way, and/or adjacent property.

B. Guest Parking. Guest parking spaces shall be used only for guest parking. No individual vehicle shall use a guest space for more than seventy-two (72) hours without the specific permission of the homeowners’ association.

C. Conveyance of private open space. The surface area and appurtenant air space, deck, or balcony required by Section 17.22.060(E)(1), including any integral portion of that patio, deck or balcony shall be described and conveyed in the declaration as an integral part of the unit. There shall be no overlap of the common area and this private open space.

D. Conveyance of Private Storage Areas. The surface and appurtenant airspace of private storage spaces required by Section 17.22.060(F) shall be described and conveyed in the declaration as an integral part of the unit. There shall be no overlap of the common area and this private storage space.

E. Assignment and Use of Required Off-Street Parking Spaces. Required off-street parking spaces, except guest parking spaces, shall be permanently and irrevocably assigned to particular units within the project on the basis of the required parking per unit. To the maximum practicable extent the parking spaces assigned to each unit shall be contiguous to the unit. In no case shall the private storage area of one unit overhang or take its access from the required off-street parking space of another unit. All parking spaces shall be used solely for the purpose of parking motor vehicles, as defined in the Motor Vehicle Code of the State of California (Vehicle Code, Section 415). No parking spaces shall be used, rented or leased to any person except in conjunction with the occupancy of a unit within the project.

F. Right of Public Entry to Common Area. The city of Hermosa Beach, county of Los Angeles, State of California, and Government of the United States, and any department, bureau or agency thereof, shall have the right of access to the common areas of the project at all times for the purpose of preserving the public health, safety and welfare.

G. Television and Radio Antennas Including Dish Antennas. Individual television and radio antennas shall be prohibited outside of the owner’s unit. The declaration shall provide either for a central antenna with connections to each unit via underground or internal wall wiring, or each unit shall be served by a cable antenna service provided by a company licensed to provide such service within the city.

H. Maintenance of Common Open Space.

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1. Assessments. Provision shall be made for annual assessments for maintenance and special assessments for capital improvements. The amount of the annual assessment as well as the data and procedure for its increase shall be specified and shall be limited to the estimated yearly payment of real property taxes and maintenance and improvement expenses incurred with respect to the common area. The manner in which special assessments may be levied for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of any capital improvement upon the common area shall be specified. Both annual and special assessments must be fixed at a uniform rate for all units and may be collected on a monthly basis.

I. Approved Plans Binding on Association. The covenants, conditions and restrictions shall state that the final city-approved building plans, landscaping plans and utility plans are binding on the association. Review Authority approval must first be secured for any changes to said items, and any modification to any portion of the approved which involves the city must first be approved by the Review Authority.

J. Condominium Association. All condominium projects are required to establish an operating homeowners association to have jurisdiction over all matters of common interest to the members of the particular association. Such homeowners’ association shall comply with all requirements found in the California Corporations Code and any other applicable state and/or federal law.

K. Maximum Number of Units Allowed. The declaration shall specify the number of units in the project approved by the city, stated as the maximum allowed without city approval for additional units.

L. Rights of the City. The declaration shall specify that if, in the opinion of the city manager of the city (or an authorized representative), the association at any time fails to maintain the common areas or improvements thereon in accordance with standards of repair, maintenance and cleanliness specified in the declaration, the city may give written notice to the association and shall require that the association take appropriate corrective action within thirty (30) days of receipt of such written notice unless there exists a hazardous condition creating an immediate possibility of serious injury to persons or property, in which case the time for correction may be reduced to a minimum of five days. The association shall have the right, within ten days of receipt of such written notice of deficiency, to file an appeal with the city council of the city for public hearing before the city council to consider the reasonableness of the city’s requirements as set forth in the written notice of deficiency. The decision of the city council on such appeal shall be binding upon all parties but may be appealed by the association through an appropriate action in any court having

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jurisdiction. If the association, within the time set forth in the notice of deficiency (subject to extension for such time as may be required to appeal the notice of deficiency to the city council) does not undertake and complete the corrective work required in the notice of deficiency, the city may undertake and complete such corrective measures against the association as a lien, in the same manner as set forth herein for the establishment of liens against association property. The remedy in this section allows the city to take action but does not require any action by the city. This remedy is cumulative in nature and does not prevent the city from exercising any other remedy civilly, criminally or administratively than it may possess under its police powers and the state of California.

17.22.060 Construction, maintenance and development–residential–minimum design standards.

A. Minimum Lot Width. The minimum lot width shall be twenty-nine (29) feet.

B. Minimum Unit Sizes. The following shall be the minimum dwelling unit size (in gross floor area):

Square Feet

1. Studio/Efficiency Units 500

2.One bedroom 900

3. Two bedrooms 1,100

4. Two bedrooms and den 1,250

5. Three bedrooms 1,400

6. Three bedrooms and den 1,600

7. Every bedroom over four bedrooms, requires one hundred thirty (130) square feet of floor area.

Dens shall be differentiated from bedrooms by the fact that there are no closets.

C. Height. In addition to height restrictions found within the various zones, along walk streets the maximum height in the front half of the lot shall be twentyfive (25) feet. The walk street shall be considered the front of the lot, except on reversed corner lots, where the side yard adjacent to the walk street shall be considered the front.

D. Setback. Front setback shall be a minimum of five feet.

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E. Private Storage Space. Each unit within the project shall have at least two hundred (200) cubic feet of enclosed, weatherproofed and lockable storage space. Such space shall be for the sole use of the unit owner. Two of the storage space dimensions shall be of the minimum of two feet and three feet in size. At least half of the space must be accessible and contiguous to the ground floor level. Such space may be provided within individual storage lockers, cabinets or closets within the garage and/or under stairwells, or "over-the-hood" with no more than three feet overhang and a minimum forty-eight (48) inches clearance below. It is the intention of this standard to require space over and above that normally associated with day-to-day functions of the unit and it shall not be a substitute for normal linen and clothes closets or pantries customarily within dwelling units.

F. Utilities.

1. All utilities shall be underground.

2. Each utility service connection, including water supply, that is controlled by and consumed within the individual unit shall be separately metered

3. All meters, utility service connections and major roof chimneys, pipes or structures shall be integrated with the design of the building and screened architecturally and/or by landscaping.

4. Clothes washers, dishwashers, hot water heaters and any other appliances likely to be a potential source of water leakage or flooding shall be installed with built-in drip pans and appropriate drains, subject to the approval of the building director (except in the case of concrete slab floors on grade).

5. Each unit shall have its own circuit breaker panel for all electrical circuits and outlets which serve the unit. Such panel shall be accessible without leaving the unit. Each dwelling unit and common area shall have its own manually switchable circuit.

6. No plumbing fixtures shall be located in a common wall between two individual units. Each condominium unit shall have the
necessary facilities installed (e.g., plumbing, electrical, venting, etc.) for washers and dryers.

7. No common vents or drain lines shall be permitted for contiguous units unless there is at least ten feet of pipe between the closest plumbing fixtures within the separate units.

8. All water supply lines within the project shall be isolated from wood, metal and other framing with pipe isolators specifically manufactured for that purpose and approved by the director of building and safety. All vertical drainage lines within the project shall be isolated from touching wood, metal and other framing and all drainage pipe shall be surrounded by building department approved insulation.

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G. Sound Insulation. Wall and floor/ceiling assemblies separating units from each other or from public or quasi-public spaces, such as interior corridors, laundry rooms, recreation rooms, parking spaces, etc., shall provide airborne sound insulation, impact sound insulation, and isolation of vibration and sources of structure-borne noise (including shock mounting of mechanical equipment). The minimum wall insulation rating between units shall be 52 STC, and between floor/ceilings of stacked units, it shall be 58 STC.

H. Architecture and Building Layout.

1. The location and orientation of all buildings shall be designed and arranged to preserve natural features by minimizing the disturbance to the natural environment. Natural features such as trees, or slopes shall be delineated on the site plan and considered when planning the location and orientation of buildings, open spaces, underground services, walks, paved areas, playgrounds, parking areas and finished grade elevations.

2. All structures proposed to be constructed within a project shall conform to the following requirements:
a. Townhouse condominiums having dwelling units attached sideby-side shall avoid the long-row effect by being composed of not more than four dwelling units. Alternative designs which accomplish the same purpose may be approved by the Review Authority;
b. Structures having dwelling units attached side-by-side shall break the facade by having an off-set in the front building line of at least two feet for every two dwelling units within such structure;

3. Landscaping.
a. A detailed landscape plan shall be approved by the Community Development Director prior to issuance of any building permits. b. All setback areas fronting on a public street and all common open space areas shall be landscaped.
c. An automatic landscape irrigation system shall be provided.

17.22.100 Construction, maintenance and development–commercial/industrial– standards for uses.

All commercial/industrial condominiums require a tentative map as provided in Chapter

16.04 and a precise development plan as provided in Chapter 17.74 . The use restrictions for the zone in which the property is located shall apply.

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17.22.170 Conversions to residential–Precise Development Plan required–public hearing–appeal.

Condominium conversions, community apartments and stock cooperatives shall require a precise development plan as provided in Chapter 17.74.

17.22.180 Conversions to residential–public hearing–notice.

The Review Authority shall hold a duly noticed public hearing on a request for condominium conversion, stock cooperative or community apartment. Notice of said hearing shall be as provided in Chapter 17.03.050.

17.22.260 Conversions to residential–required findings for approval of application.

The Review Authority must make the following findings in order to approve a project and grant a permit:

A. Proposed project is consistent with the general plan; B. All provisions of this title and referenced codes have been met; C. The overall design, physical condition and amenities of the project provide for livability and safety, and the project will not be a physical or financial burden to the city or neighborhood;
D. Project provides an adequate program of tenant purchase and relocation assistance.

17.22.290 Conversions to residential–compliance with city codes and general plan.

To achieve the purpose of this chapter, the Review Authority shall require that condominium conversions, stock cooperatives and community apartments conform to the current requirements of the city codes, including building codes and Sections

17.22.020 through 17.22.060, and to the general plan of the city.

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17.22.350 Conversions to commercial/industrial–permits required–application procedures.

A. Applicants shall secure the permits required and fulfill the conditions in Section 17.22.090. Additional requirements for precise development plans shall be a history of occupancy report including:

1. Rental rate history for the past five years;

2. Nature of existing tenant businesses and length of tenancy; and

3. Estimated sale prices of units.

B. Applicants shall comply Sections 17.22.170 through 17.22.190, 17.22.210 and

17.22.230.

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

EXHIBIT D
CHAPTER 17.24 RPD Residential Planned Development
Chapter 17.24 (RPD Residential Planned Development) of the Hermosa Beach Municipal Code is hereby amended as follows

17.24.030 Manner of approval.

Residential planned developments may be permitted in any residential zone with a tentative map as provided in Chapter 16.04 and precise development plan as provided in Chapter 17.74.

A. General Requirements. Unless the Review Authority shall specifically waive or modify the requirement, an applicant for a residential planned development shall prepare and submit for its consideration an RDP plan as a part of the application.

17.24.040 RDP plan.

A. The preliminary development plan shall consist of the following:

1. A plot plan of the proposed development, showing:
a. The boundaries of property,
b. Topography,
c. Approximate ground floor area and location of all buildings, and d. General circulation pattern;

2. A statement as to the architectural design and building heights proposed;

3. Statistical information, including the following:
a. Acreage or square footage in the property,
b. Floor area ratio, open space, and recreation space,
c. Number, size and type of dwelling units,
d. Occupant car ratio and total car ratio,
e. A schedule for development, including a construction sequence for the land covered by the residential planned development, showing the order in which particular structures will be constructed, f. Any other related information reasonably necessary to enable the Review Authority to make appropriate findings;

4. Location and height of all walls, fences and screen planting, including a detailed plan for the landscaping of the development.

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Page 2 of 2 ends

B. Approval in principle of the preliminary development plan means that the land uses proposed and their interrelationship are generally acceptable.

Approval is not an endorsement of precise location or extent of uses, or of engineering feasibility. The Review Authority may not approve the RPD plan unless it finds that:

1. The RPD plan conforms to the general plan;

2. Sufficient driveway widths are provided for traffic flow and maneuverability;

3. The development will not impose a burden on access traffic facilities, and increased densities will not generate traffic in such amounts as to overload the street network outside the proposed development;

4. Adequate provision has been made for maintenance of areas of parking, open space, landscaping and recreational facilities consistent with the anticipated population of the development;

5. Provision has been made to provide adequate ingress and egress for fire-fighting equipment.

If a revised RPD plan is presented, it shall be processed in the same manner as the original plan or plans were processed. When approved, such revised RPD plan shall automatically supersede any previously approved RPD plan.

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

EXHIBIT E
CHAPTER 17.26 C1, C2 and C3 Commercial Zones
Chapter 17.26 (C1, C2 and C3 Commercial Zones) of the Hermosa Beach Municipal Code Table titled “C-1, C-2 and C-3 Zones, Land Use Regulations” is hereby amended as follows:

1. To remove the “U” from column “C1” of row “Mixed-Uses (residential uses with ground floor commercial use(s))”.

2. To remove the row ”Residence; residential uses above ground floor; commercial use(s), including condominium developments)” from the table in its entirety.

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NOTE TO READER: This draft is a “redline” version of the existing code and highlights the proposed changes. New text is shown with underlining, and text proposed for deletion is shown with strikethrough.

Subjective standards are being removed to comply with SB 330, which requires that all standards applicable to residential development be objective. Throughout this document, standards identified as subjective are labeled with the abbreviation "Subjective Standard."
Exhibit A
Chapter 16.04 - Subdivisions
Chapter 16.04 (Subdivisions) of the Hermosa Beach Municipal Code is hereby amended as follows:

Chapter 16.04 Subdivisions
Contents:
• 16.04.010 Definitions.
• 16.04.020 Statement of intent.
• 16.04.030 Review authority Advisory agency.

16.04.010 Definitions.

For purposes of this title:

Design refers to street alignment, grades and widths, alignment and widths of easements and rights-of-way for drainage and sanitary sewers, and minimum lot area and width; includes land to be dedicated for park or recreational purposes; and also refers to such specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to or implementation of applicable general or specific plans of the city.

Improvement refers to such street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof; and also refers to such specific improvements or types of improvements the installation of which, either by the subdivider, by public agencies, by private utilities, or by a combination thereof, is necessary or convenient to insure conformity to or implementation of applicable general or specific plans of the city.

Vesting tentative map means a map for a residential subdivision, as defined in the Hermosa Beach subdivision ordinance, that shall have printed conspicuously on its face the words "Vesting Tentative Map": At the time it is filed in accordance with Section 16.16.030, and is thereafter processed in accordance with the provisions thereof. (Prior code § 29.5-01)

16.04.020 Statement of intent.

The purpose of this title regulating the design and improvement of subdivisions and lot splits is to provide for the orderly division of land and buildings within the city.

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Its regulations are to insure ensure that the costs of land divisions and the burdens thereof are borne by the property owners and those interested in the land and not by the general public.

The fees and regulations provided herein may be changed from time to time to compensate for rising costs and technological changes.

16.04.030 Advisory agencyReview Authority.

The city planning commission is designated as the advisory agency of the city council and charged with the duty of making investigations and reports on the design and improvement of all proposed divisions of land except Urban Lot Splits and Minor Tentative Maps which are reviewed by the Community Development Director. (Prior code § 29.5-2)

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Exhibit B
Chapter 16.08 Procedure
Chapter 16.08 (Procedures) of the Hermosa Beach Municipal Code is hereby amended as follows:

Chapter 16.08 Procedure
Contents:
• 16.08.010 Division of lots into more than four parcels–condominium of two or more units–tentative maps.
• 16.08.020 Applicability. Filing of tentative map with coastal zone conservation commission. • 16.08.030 Review Authority. Hearings on tentative maps. • 16.08.040 Procedures.
• 16.08.0540 Final maps.
• 16.08.0650 Planned unit development (PUD).
• 16.08.0760 Requirements for approval of subdivision map. • 16.08.0870 Grounds for denial of approval of subdivision map. • 16.08.0980 Subdivision agreements and bonds–improvement security. • 16.08.09100 Fees.
• 16.08.10100 Sewer facilities use fees.
• 16.08.11120 Miscellaneous requirements.
• 16.08.12130 Division of lots which does not create more than four parcels (lot splits).

16.08.010 Division of lots into more than four parcels–condominium of two or more units–tentative maps.

A. Each property owner applying for approval of divisions of land into more than four parcels or a condominium of two or more units shall file with the city planner Community Development Directorepartment an application which shall include the following:

1. Fifteen (15) copies of Aa tentative subdivision map, eighteen (18) by twenty-six (26) inches in size, drawn to a scale of not smaller than forty (40) feet to the inch, showing the proposed subdivision, drawn by a licensed surveyor or registered civil engineer, which shall show the following:
a. Names, addresses and telephone numbers of the property owners, the subdivider, the registered civil engineer or licensed surveyor who prepared the map, b. The approximate dimensions, area and shape of each lot, c. The record boundaries and area of the parcel to be subdivided, d. The name, size and location of abutting streets and tracts, e. The dimensions of all streets, ways and easements to be dedicated to the city public utilities, and location of all existing easements,
f. Legal description of property to be divided,
g. Source of water supply,

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h. Method of sewage disposal, including sizes and locations of existing mains serving proposed subdivisions,
i. Proposed public areas,
j. Location of existing buildings and all trees with a diameter in excess of six inches, and other improvements on the property to be divided,
k. Method of surface water disposal,
l. Location and depth of fill areas,
m. Applicant shall agree to provide any necessary easements for the proposed parcel or parcels,
n. North arrow, scale;

2. A grading plan showing existing and proposed contours at two-foot intervals.

B. Upon receipt and acceptance of the application and tentative map or maps by the city plannerCommunity Development Department, the tentative map shall be distributed to other City Departments and agencies as deemed necessary. as follows. One copy each to:

1. California Water Service Company;

2. Hermosa Beach City School District;

3. General Telephone Company of California;

4. South Bay Union High School District;

5. Southern California Edison Company;

6. Southern California Gas Company;

7. Los Angeles Flood Control District;

8. Where a state highway is involved, one copy shall be sent to the state division of highways;

9. One copy shall be circulated to each city department head for study and recommendation. (Prior code § 29.5-3)

16.08.020 Filing of tentative map with coastal zone conservation commission.

16.08.030 Hearings on tentative maps. Review Authority
The Director shall act as the review authority of Minor Tentative Maps and the Planning Commission shall act as the review authority for Major Tentative Maps.

A Major or Minor Tentative Map, as specified in this section, is required for all projects that require a tentative map.

Map Type Subdivision Threshold Review Authority
Major Tentative Map All non-residential
subdivisions Planning Commission
Commented [DT1]: The prescriptive list of agencies does not need to be listed in the code. Removed to reflect best practices.

Commented [DT2]: Added a major and minor tentative
map process tiered to align with current Precise
Development Plan (PDP)

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Residential or mixed use of
five (5) or more lots or
condominium units
Minor Tentative Map Residential or mixed use of
four (4) or fewer lots or
condominium units
Community Development
Director
Upon filing of the tentative map of any subdivision, the city planner shall cause the request to be placed upon the agenda of the planning commission acting as the advisory agency of the city council for hearing within thirty (30) days after the tentative map has been filed. The commission shall report on the map or maps of any subdivision submitted to it within fifty (50) days after the tentative map has been filed unless an extension of said period is mutually agreed to by the subdivider and the commission, The report of the planning commission shall approve, approve with conditions, or disapprove for due cause, the proposed tentative map or maps of the subdivision.

The Planning Commission may require such public improvements on-site or off-site as are necessary for the health, general welfare, and safety of the community and/or the orderly development of the city.

The commission shall report its action on the tentative map or maps in writing to the subdivider within ten days of its decision.

If the subdivider is dissatisfied with any action of the planning commission with respect to the tentative map or the kinds, nature and extent of the improvements recommended by the planning commission to be required, he may appeal to the city council for a public hearing thereon by filing a written notice of appeal with the city clerk within ten days after such action.

If any action of the planning commission is appealed, the city manager shall schedule a hearing before the city council within two weeks after the appeal is taken or at its next succeeding regular meeting.

The City Council shall hold a public hearing, upon notice to the subdivider and the planning commission, and after due consideration sustain, modify, reject or overrule any recommendations or rulings of the planning commission, and shall make such findings as are not inconsistent with the intent of this article and the Subdivision Map Act of the State of California.

Upon conclusion of the hearing the city council shall declare its findings within seven days.

The time limits for acting and reporting on tentative maps as specified by this chapter may be extended by mutual consent of the subdivider and the planning commission or city council as the case may be. (Prior code § 29.5-5)

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

B. Public Notice. An application for a Tentative Map shall require a public notice in accordance with the table below:

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16.08.0540 Final maps.

A. Final maps, consisting of an original and fifteen (15) copies and one reproducible "brown line" together with a letter from the city and/or county engineer attesting to the substantial conformance of the final map with the tentative map, shall be filed with the city clerk. The city council shall review and approve the final map within thirty (30) days of the filing, provided the map conforms to all of the requirements of this chapter and the State Subdivision Map Act of the State of California which were applicable at the time of the approval of the tentative map, and all conditions of approval of the tentative map shall have been met or guaranteed with surety bonds or other manner satisfactory to the city engineer and the city attorney to assure completion as required.

D. The city council shall not deny approval of a final subdivision map if it has previously approved a tentative map for the proposed subdivision and if it finds that the final map is in substantial compliance with the previously approved tentative map. (Prior code § 29.5-6) Commented [DT3]: Added the noticing requirements for
proposed major and minor tentative map process tiered to align with current PDP notifications
Commented [DT4]: Updated to reflect modern practices
of accepting digital copies

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16.08.0650 Planned unit development (PUD).

2. Sale or Separation of Lots or Parcels. Where lots or parcels of land are sold or otherwise separated in ownership, no dwelling unit or lot or parcel of land for a building shall be sold or encumbered separately from an undivided interest in the open space and the area designated as common vehicular and pedestrian access appurtenant to such dwelling unit or lot or parcel of land. Such undivided interest shall include either an undivided interest in the open space and area designated as common vehicular access or a share in the corporation or voting membership in an association owning the open space and area designated as common vehicular and pedestrian access.

16.08.0760 Requirements for approval of subdivision map.

The Review AuthorityPlanning Commission shall find that:

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D. The size of the proposed lots is not smaller than the prevailing lot size and lot frontage within the same zone and general plan designation within a three hundred (300) foot radius; provided, however, that all such lots used in the comparison shall be in the same neighborhood area; CE. The granting of the subdivision would result in the creation of lots that would be of a size and configuration which would be in keeping with the standards of development specified by the zoning ordinance for the land use zone in which it is located; DF. The creation of the proposed lots would be in conformity with the intent and purpose of the comprehensive general plan for the city;
EG. The tentative subdivision map complies with the requirements for approval set forth in the Subdivision Map Act of the state of California.

For purposes of this section "neighborhood area" is defined as the block or group of blocks, within the same zone and general plan designated area, being located within clearly defined common boundaries. Boundaries shall include arterial or collector streets, parks or open space designated areas (such as the "greenbelt"), or significant topographical features such as hillsides. (Ord. 95-1129 §§ 1, 2, 1995; prior code § 29.5-8)

16.08.0870 Grounds for denial of approval of subdivision map.

The Review Authority Planning Commission or the City Council shall deny approval of a tentative or final subdivision map if it makes any of the following findings:

A. That the proposed map is not consistent with the applicable general and specific plans; B. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;
C. That the site is not physically suitable for the type of development; D. That the site is not physically suitable for the proposed density of development; E. That the design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; F. That the design of the subdivision or the type of improvement is likely to cause serious public health problems;
G. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the city council may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public.

This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the city council or planning commissionReview Authority to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. (Prior code § 29.5-9)

16.08.0980 Subdivision agreements and bonds–improvement security.

16.08.09100 Fees.

Commented [DT6]: Updated to be consistent with
Subdivision Map Act

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A. Generally. Fees in all cases shall be sufficient to cover the city’s costs in processing tentative and final maps as established by resolution.

29.5-12)

16.08.1100 Sewer facilities use fees.

A. The construction of sewer facilities adequate to carry the sewage from a proposed subdivision to the nearest trunk line shall be the sole responsibility of the subdivider.

B. The city shall not be required to accept sewage outflow beyond the capacity of existing sewer lines.

D. Sewer use fees may be required in addition to construction of adequate sewer lines. (Prior code §

29.5-14)

16.08.1210 Miscellaneous requirements.

A. Water Service. The subdivider shall be responsible for obtaining adequate water service and shall present satisfactory assurance prior to approval of the final map.

D. Grading Plan. A grading plan may be required prior to approval of a tentative map where natural slope exceeds ten percent. (Prior code § 29.5-15)

16.08.1320 Division of lots which does not create more than four parcels (lot splits).

Each property owner applying for approval of a subdivision of land into four parcels or less shall file an application with the Community Development Department building department an application to the board of zoning adjustment which shall include the following:

A. Ten copies of aA tentative parcel map showing the land to be divided and its proposed division. The map shall be prepared by a licensed surveyor, or registered civil engineer. The map shall be eighteen (18) by twenty-six (26) inches, and shall be legibly drawn using a decimal or engineer’s scale at a scale not smaller than one inchone-inch equals forty (40) feet and shall clearly show the following information:

1. The dimensions, total area and record boundaries of the total parcel together with a legal description of the total parcel,

2. The dimensions, area, legal description and boundaries of each proposed parcel,

3. The names, addresses and telephone numbers of the property owners, the subdivider, the registered civil engineer, or licensed surveyor who prepared the map,

4. The abutting streets and alleys and existing surface improvements and proposed dedications and improvements, if any,

5. The location of other existing easements,

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6. Any and all improvements existing on the property in relation to the property lines and the proposed division,

7. Applicant shall agree to provide any necessary easements for the proposed parcel or parcels,

8. If necessary, the board of zoning adjustmentReview Authority shall establish the front of the lots and front setbacks,

9. Such other information as the board Planning Commission determines is necessary for the board of Zzoningning adjustmentPlanning Commission to consider properly the proposed division, including topographic data in hillside areas, 910. Location of existing buildings and all trees with a diameter in excess of six inches, and other improvements on the property to be divided,
101. Method of surface water disposal,
112. Location and depth of fill areas;
B. Hearings for lot splits shall be held by the Review Authority board of zoning adjustment Planning Commission and shall be processed in the same manner as for tentative subdivision maps. (Prior code §

29.5-18)

Commented [DT7]: Subjective standard

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Exhibit C
Chapter 17.22 Condominiums, Stock Cooperatives and Community Apartment Chapter
Chapter 17.22 (Procedures) of the Hermosa Beach Municipal Code is hereby amended as follows Chapter 17.22 Condominiums, Stock Cooperatives and Community Apartment Chapter

17.22.030 Construction, maintenance and development–residential–purpose.

The purpose of Sections 17.22.030 through 17.22.060 is to promote the following standards for condominiums and like developments.

A. Architectural unity and harmony should be achieved both within the project and between the project and the surrounding neighborhood so that it promotes stability of and does not constitute a disruption to the established character of the neighborhood;
AB. Provide for a high level of safety, compatibility and quality of the design of buildings, signs, parking areas, landscaping, luminaries and other site features. These may include Ffunctional aspects of the site development such as automobile and pedestrian circulation shall comply with Chapter 17.44 Off-Street Parking and Chapter 12.08 Street, Sidewalk, Curb and Gutter Construction; BC. A comprehensive and integrated design, providing its own open space, and off-street parking and amenities for contemporary living. Insofar as the scale of the project allows, open space, walkways and other areas for people should be separated from parking areas, driveways and other areas for automobiles;
CD. A layout of structures and other facilities to effect conservation in street, driveway, curb cut and other public or quasi-public improvements. Additionally, structures should be designed to minimize, within the context of accepted architectural practice, the consumption of natural resources such as sunlight, air circulation, view sheds and energy;
DE. A design that maintains as much of the natural topography and environment as practical. Trees over six inches in diameter should not be removed unless it can be demonstrated that their removal is an unavoidable consequence of development and that any trees removed will be replaced by comparable landscaping. These determinations shall be made by the the Community Development Director planning director;
F. A configuration and orientation which respects reasonable design limits imposed by the natural and manmade environment. Structures should be situated to take advantage of view, topography, sun and wind, while at the same time not obstructing comparable advantages for adjacent properties. Structures should be situated to minimize or buffer any undesirable characteristics of the site such as street noise and nearby deleterious commercial or industrial uses;
Commented [DT8]: Subjective Standard
Commented [DT9]: Subjective Standard
Commented [DT10]: Subjective Standard
Commented [DT11]: Subjective Standard
Commented [DT12]: Subjective Standard
Commented [DT13]: Subjective Standard

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G. The layout of units and open space within the project should establish, through the use of structure and manmade and landscape materials, a perceptible spatial transition from the public street, through semi-privacy of common areas, to the privacy of the unit. The environment of each condominium unit should be private and free from visual, audio and other intrusions.

H. Provision by the project sponsor of adequate private outdoor living space, storage space and parking space to meet the needs of long-term property owners.

EI. Covenants, conditions and restrictions ensuring that potential problems, resulting from lack of continuous and centralized management, do not impact upon the public health, safety and welfare. (Prior code Appx. A, § 7.2-3)

17.22.040 Construction, maintenance and development–residential–conditional use permit required.

All condominiums, community apartments and stock cooperatives shall be subject to approval of a conditional use permit by the planning commission. (Prior code Appx. A, § 7.2-4)

17.22.050 Construction, maintenance and development–residential–declaration of covenants, conditions and restrictions.

The project covenants, conditions and restrictions shall be submitted with the filing of a tentative map or conditional use precise development plan as provided in Chapter 17.74 permit application and shall contain all of the following provisions:

Commented [DT14]: Subjective Standard
Commented [DT15]: Subjective Standard
Commented [DT16]: The Housing Element requires the
elimination of Conditional Use Permits (CUP)s for
condominiums to remove governmental constraints to
Housing Production

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H. Maintenance of Common Open Space.

Both annual and special assessments must be fixed at a uniform rate for all units and may be collected on a monthly basis.

Planning commissionReview Authority approval must first be secured for any changes to said items, and any modification to any portion of the approved which involves the city must first be approved by the planning commissionReview Authority.

K. Maximum Number of Units Allowed. The declaration shall specify the number of units in the project approved by the city, stated as the maximum allowed without city approval for additional units.

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appeal the notice of deficiency to the city council) does not undertake and complete the corrective work required in the notice of deficiency, the city may undertake and complete such corrective measures against the association as a lien, in the same manner as set forth herein for the establishment of liens against association property. The remedy in this section allows the city to take action but does not require any action by the city. This remedy is cumulative in nature and does not prevent the city from exercising any other remedy civilly, criminally or administratively than it may possess under its police powers and the state of California. (Prior code Appx. A, § 7.2-5)

17.22.060 Construction, maintenance and development–residential–minimum design standards.

A. Minimum Lot Width. The minimum lot width shall be twenty-nine (29) feet.

B. Minimum Unit Sizes. The following shall be the minimum dwelling unit size (in gross floor area):

Square Feet

1. Studio/Efficiency Units 500

2.One bedroom 900

32. Two bedrooms 1,100

43. Two bedrooms and den 1,250

54. Three bedrooms 1,400

65. Three bedrooms and den 1,600

76. Every bedroom over four bedrooms, requires one hundred thirty (130) square feet of floor area.

Dens shall be differentiated from bedrooms by the fact that there are no closets.

C. Height. In addition to height restrictions found within the various zones, along walk streets the maximum height in the front half of the lot shall be twenty-five (25) feet. The walk street shall be considered the front of the lot, except on reversed corner lots, where the side yard adjacent to the walk street shall be considered the front.

D. Setback. Front setback shall be a minimum of five feet.

F. Utilities.

1. All utilities shall be underground.

2. Each utility service connection, including water supply, that is controlled by and consumed within the individual unit shall be separately metered

3. All meters, utility service connections and major roof chimneys, pipes or structures shall be integrated with the design of the building and screened architecturally and/or by landscaping.

Commented [DT17]: Provides an additional housing
configuration consistent with the Housing Element

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6. No plumbing fixtures shall be located in a common wall between two individual units.

Each condominium unit shall have the necessary facilities installed (e.g., plumbing, electrical, venting, etc.) for washers and dryers.

7. No common vents or drain lines shall be permitted for contiguous units unless there is at least ten feet of pipe between the closest plumbing fixtures within the separate units.

H. Architecture and Building Layout.

2. All structures proposed to be constructed within a project shall conform to the following requirements:
a. Townhouse condominiums having dwelling units attached side-by-side shall avoid the long-row effect by being composed of not more than four dwelling units. Alternative designs which accomplish the same purpose may be approved by the planning commissionReview Authority;
b. Structures having dwelling units attached side-by-side shall break the facade by having an off-set in the front building line of at least two feet for every two dwelling units within such structure;
c. Stacked units shall provide architectural treatment that eliminates the long-row appearance;
d. Consideration shall be given to the effect of proposed development on the light, air, view and privacy of adjacent properties.

3. Landscaping.
a. A detailed landscape plan shall be approved by the planning directorCommunity Development Director prior to issuance of any building permits.

Commented [DT18]: Subjective Standard
Commented [DT19]: Subjective Standard

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b. All setback areas fronting on a public street and all common open space areas shall be landscaped and permanently maintained in an attractive manner. c. An automatic landscape sprinkler systemirrigation system shall be provided. (Ord. 00- 1207 §4 (part), 10/24/00; Prior code Appx. A, § 7.2-6)

17.22.100 Construction, maintenance and development–commercial/industrial–standards for uses.

All commercial/industrial condominiums require a conditional use tentative map as provided in Chapter 16.04 and a precise development plan as provided in Chapter 17.74 permit. The use restrictions for the zone in which the property is located shall apply. (Prior code Appx. A, § 7.2-10)

17.22.170 Conversions to residential– Precise Development Planconditional use permit required– public hearing–appeal.

Condominium conversions, community apartments and stock cooperatives shall require a conditional use permit precise development plan as provided in Chapter 17.74. from the planning commission. Said permit if approved by the commission in a public hearing shall be subject to approval or denial by the city council. The actions of the planning commission in regard to a request for condominium conversion, community apartment or stock cooperative may be appealed in writing to the city council within fifteen (15) days of the formal action by the commission.
(Prior code Appx. A, § 7.2-17)
(Ord. # 26-1496 §2, adopted 02/24/2026, effective 03/26/2026) Effective on: 3/26/2026

17.22.180 Conversions to residential–public hearing–notice.

The Review Authority planning commission shall hold a duly noticed public hearing on a request for condominium conversion, stock cooperative or community apartment. Notice of said hearing shall be given pursuant to city council resolution and shall be given to existing project residents and residents and owners within three hundred (300) feet of the proposed project.as provided in Chapter 17.03.050 (Prior code Appx. A, § 7.2-18)

17.22.260 Conversions to residential–required findings for approval of application.

The planning commission and the city councilReview Authority must make the following findings in order to approve a project and grant a permit:

A. Proposed project is consistent with the general plan; B. All provisions of this title and referenced codes have been met; C. The overall design, physical condition and amenities of the project provide for livability and safety, and the project will not be a physical or financial burden to the city or neighborhood; D. Project provides an adequate program of tenant purchase and relocation assistance. (Prior code Appx.

A, § 7.2-26)

17.22.290 Conversions to residential–compliance with city codes and general plan.

Commented [DT20]: Subjective Standard
Commented [DT21]: Updated to reflect modern
irrigation practices

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To achieve the purpose of this chapter, the Review Authority planning commission shall require that condominium conversions, stock cooperatives and community apartments conform to the current requirements of the city codes, including building codes and Sections 17.22.020 through 17.22.060, and to the general plan of the city. (Prior code Appx. A, § 7.2-30)

17.22.350 Conversions to commercial/industrial–permits required–application procedures.

A. Applicants shall secure the permits required and fulfill the conditions in Section 17.22.090. Additional requirements for precise development plans conditional use permits application shall be a history of occupancy report including:

1. Rental rate history for the past five years;

2. Nature of existing tenant businesses and length of tenancy; and

3. Estimated sale prices of units.

B. Applicants shall comply with Sections 17.22.170 through 17.22.190, 17.22.210 and 17.22.230.

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Exhibit D
Chapter 17.24 RPD Residential Planned Development
Chapter 17.24 (RPD Residential Planned Development) of the Hermosa Beach Municipal Code is hereby amended as follows
Chapter 17.24 RPD Residential Planned Development

17.24.030 Manner of approval.

Residential planned developments may be permitted in any residential zone with a hen a conditional use permit tentative map as provided in Chapter 16.04 and precise development plan as provided in Chapter 17.74.for each such development is granted as provided in Chapter 17.56, as amended.

A. General Requirements. Unless the planning commissionReview Authority shall specifically waive or modify the requirement, an applicant for a residential planned development shall prepare and submit for its consideration a preliminary RDP development plan as a part of thehis application. The final development plan as set forth below shall be in substantial conformity with the preliminary development plan and any amendments thereto. The planning commission may refer the preliminary development plan to committee for review and recommendation.

B.Permits. No permits shall be issued for the construction, erection or moving in of any building or structure, nor for grading other than of a general nature, nor for any use of land for which a land use permit is required by zoning regulations, except in conformance with the final development plan as approved by the planning commission.

Exception. Developments may be permitted without prior approval of a final development plan if such developments are in full conformity with the most restrictive requirements of the zone in which the subject development is located. (Prior code Appx. A, § 7.5-4)

17.24.040 RDPPreliminary development plan.

A. The preliminary development plan shall consist of the following, submitted in eight copies:

1. A plot plan of the proposed development, showing:
a. The boundaries of property,
b. Topography,
c. Approximate ground floor area and location of all buildings, and d. General circulation pattern;

2. A statement as to the architectural design and building heights proposed;

3. Statistical information, including the following:
a. Acreage or square footage in the property,
Commented [DT23]: Updated to reflect current review
authorities
Commented [DT24]: Updated to reflect best practices
Commented [DT25]: In light of Final Development Plan is no longer required, the name of the plan changes from
“Preliminary” to RPD

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b. Floor area ratio, open space, and recreation space,
c. Number, size and type of dwelling units,
d. Occupant car ratio and total car ratio,
e. A schedule for development, including a construction sequence for the land covered by the residential planned development, showing the order in which particular structures will be constructed,
f. Any other related information reasonably necessary to enable the planning commissionReview Authority to make appropriate findings;

4. Location and height of all walls, fences and screen planting, including a detailed plan for the landscaping of the development.

B. Approval in principle of the preliminary development plan means that the land uses proposed and their interrelationship are generally acceptable. Approval is not an endorsement of precise location or extent of uses, or of engineering feasibility. Planning commissionThe Review Authority may not approve the RPDpreliminary development plan unless it finds that:

1. The preliminary developmentRPD plan conforms to the general plan;

2. The character of the proposed development will enhance the surrounding neighborhood and is desirable and will promote stability;

23. Sufficient driveway widths are provided for traffic flow and maneuverability;

34. The development will not impose a burden on access traffic facilities, and increased densities will not generate traffic in such amounts as to overload the street network outside the proposed development;

45. Adequate provision has been made for maintenance of areas of parking, open space, landscaping and recreational facilities consistent with the anticipated population of the development;

6. The proposed development is not out of harmony with its surrounding neighborhood;

57. Provision has been made to provide adequate ingress and egress for fire-fighting equipment.

If a revised preliminary developmentRPD plan is presented, it shall be processed in the same manner as the original plan or plans were processed. When approved, such revised preliminary developmentRPD plan shall automatically supersede any previously approved preliminary developmentRPD plan. (Prior code Appx. A, § 7.5-5)

17.24.050 Final development plan.

If the planning chooses to require significant modification before final approval, a final development plan may be required. Eight copies of a final development plan shall be submitted to the planning department, one copy of which shall be filed as a permanent record in the office of the planning department. The final development plan shall be subject to at least one public hearing with notice provided as prescribed in , as amended, and shall include:

A. A plot of the proposed residential , drawn to appropriate scale, showing:

1. The boundaries of the subject , topography, and a proposed grading plan,

2. The width, location and names of all surrounding ,
Commented [DT26]: Standards standard
Commented [DT27]: Standards standard
Commented [DT28]: In light of Final Development Plan is no longer required, the name of the plan changes from
“Preliminary” to RPD

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3. The location, dimensions and uses of each existing on adjacent properties within fifty (50) feet of the boundary lines of the subject property,

4. The location of each existing proposed structure in the development area, the or uses to be contained therein, the of stories, gross and floor areas, approximate location of entrances thereof,

5. Location and height of all walls, fences and screen planting, including a detailed plan for the landscaping of the development,

6. Location and design of vehicle parking areas, including size and number of stalls and internal circulation pattern,

7. All streets, curb cuts, driving lanes and illumination for same,

8. All pedestrian walks and open areas for the use of and members of the public, and

9. Types of surfacing such as paving, turfing or gravel, to be used at various locations; B. Schematic drawings and renderings to scale showing the architectural design of buildings and structures proposed to be constructed;
C. Statistical information updated;
D. Such information in revised form as was submitted with the preliminary development plan but has been changed with the approval of the planning commission; E. Any appropriate additional drawings or information as may be required by the planning commission. (Prior code Appx. A, § 7.5-6)

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Exhibit E
Chapter 17.26 C1, C2 and C3 Commercial Zones
Chapter 17.26 (C1, C2 and C3 Commercial Zones) of the Hermosa Beach Municipal Code is hereby amended as follows
Chapter 17.26 C1, C2 and C3 Commercial Zones
C-1, C-2 and C-3 ZONES, LAND USE REGULATIONS
Hobby and craft supplies and service P P P
Hospitals, general, psychiatric out-patient only - - U 17.40.020 Hotels, motels - P P
Household appliances/office equipment, sales and repair - P P Instruments (professional and/or scientific), sales P P P Interior decorating studio, store or shop P P P
Laboratories - P P
Laundry business and dry-cleaning (including self-service) P P P Locksmith business P P P
Low barrier navigation center A A A 17.42.240
Lumberyard, retail - - P
Massage establishment - U U 17.40.160
Medical marijuana dispensaries - - - 17.42.110
Messenger service P P P
Mixed-Uses (residential uses with ground floor commercial use(s) including condominiums)
U
PDP**
PDP** PDP** 17.40.180
Mobile cannabis dispensaries P P P 17.42.110
Monuments - - P

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C-1, C-2 and C-3 ZONES, LAND USE REGULATIONS
Motor vehicles and equipment, sales and service (including motorcycles, boats, non-tractor trucks, RVs)
Sales/rental, new or used - - U 17.40.202
Photography (equipment sales and service, film processing, studio) P P P Printing and or publishing business, commercial - P P
Recycling, large or small collection facility - - U 17.40.130, 17.40.140 Residence; residential uses above ground floor commercial use(s), including condominium developments U - - 17.40.020
Residential PDP** PDP** PDP** 17.16
Residential facility, assisted living A A A
Residential care facilities - small P P P
Residential care facilities - large A A A 17.42.230
Restaurant, with drive-in, or drive-thru window, or with outdoor walkup window on public right of way - U U 17.40.020 Restaurant with on-sale alcoholic beverages limited to beer and wine, closing at 10:00 p.m. or earlier. P P P 17.26.060
Restaurant with on-sale alcoholic beverages limited to beer and wine, closing later than 10:00 p.m. U U U 17.40.080
Restaurant/cafe P P P
Restaurant/cafe with beer and wine (on-sale alcohol beverage establishment) U U U 17.40.080
Reverse vending machine(s) U U U 17.40.120
Secondhand merchandise, retail sales - P P
Short-term vacation rental - P P 17.40.230
Single room occupancy facility (more than six units) - - U 17.42.090 Snack bar/snack shop P P P
Sporting/recreational equipment sales, service, and rental P P P

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C-1, C-2 and C-3 ZONES, LAND USE REGULATIONS
Supermarkets - P P
Supportive housing, up to 50 units A A A 17.42.220
Supportive housing, over 50 units U U U 17.56 and 17.42.220 Surfboard manufacturing - - U 17.40.020
Tattoo/body piercing studios - P P 17.26.070
Ticket broker/sales - P P
Timeshares - U - 17.40.240
Tobacco store P P P
Toy store P P P
Upholstering shop - - P
Wedding chapel, commercial - - P
Wireless communication facility U U U
Youth hostel - U U 17.40.150
*Allowed by special permit by city council on public streets/right-of-way, pursuant to Section 12.12.070, and permitted by right on private property in conjunction with such a special permit.
**Housing Element Sites Inventory Overlay Sites (--HE) only

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Public Notification Materials- TA26-02

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Meeting Type Meeting Date Agenda Item Name
Position

PLANNING COMMISSION
8/18/2026 17:00 LOCATION:

CITYWIDE - 26-
CDD-073
Laura Pena
No Position
Comment
Dear Chair, Commissioners and Staff -I believe we need to encourage private investment in our City which is currently facing a structural deficit. That means our zoning regulations should not simply make it easier to process a project after someone decides to build one. They should help create the economic conditions that give property owners a reason to invest in the first place.Many of our commercial corridors consist of older, relatively small buildings. If adding housing, modernizing a building, converting underutilized space, or adding a second story requires multiple entitlements, substantial fees, rigid development standards, and uncertain discretionary review, the rational economic choice may simply be to leave the property exactly as it is. That is not a good long term outcome for housing production, our commercial districts, or the City's fiscal health.If the goal is to actually stimulate private investment, I believe several limitations should be addressed before this update is complete:
Combine the Minor PDP and Minor Tentative Map processes.

A small project should not have to navigate two overlapping entitlement tracks. Where possible, provide one application, one notice, one project manager, and one coordinated decision. Expand mixed-use opportunities beyond Housing Element sites.

The proposed C1, C2 and C3 tables continue to identify residential and mixed-use PDP opportunities with the Housing Element Sites Inventory Overlay limitation. That is too narrow if we are serious about encouraging reinvestment throughout our commercial corridors. We should protect productive ground floor commercial frontage while making housing easier to create above, behind, or within underused portions of existing buildings. Create a real adaptive reuse pathway.

Many of our commercial buildings are decades old. Requiring them to meet every standard designed for new condominium construction may make otherwise good projects infeasible. Building safety requirements should remain, but there should be objective flexibility for existing buildings involving landscaping, utilities, storage configurations, and similar standards. Reevaluate minimum condominium unit sizes.

The Commission should ask whether these minimums unnecessarily limit smaller, more attainable housing configurations. Why are we going to make a condominium easier to approve but continue requiring units to be substantially larger than what the state building standards require? A 750 square foot one bedroom has essentially the same land use impact whether someone rents it or owns it. I would recommend replacing these bedroom based minimums with a requirement to meet the California Building Standards Code. Let the permitted building envelope, market demand and building safety standards determine the appropriate mix of unit sizes. That would be a meaningful housing reform, not simply a procedural one. Remove conflicting hearing requirements.

The draft appears to retain a public hearing requirement for condominium conversions under Section 17.22.180, even though qualifying small projects are intended to use the Minor PDP/Minor Tentative Map process. That should be clarified so we do not remove one layer of discretionary review only to recreate it elsewhere. Measure whether the reforms actually work.

Within 12 and 24 months, Council and the Commission should be able to see how many applications were submitted, approved, permitted, and completed; average processing times; fees per project; adaptive reuse units created; and private investment generated.We have limited opportunities to create new economic value, which makes reinvestment in the properties we already have especially important. The test should not be whether we changed the zoning code. The test should be whether these changes cause property owners to actually invest. If leaving an older building exactly as it is remains easier and more economical than adding housing, modernizing it, or putting underused space to work, then we have not gone far enough.As always, I appreciate your thoughtful consideration.Laura Peña (PDLO
Attachment 4 Public Comment August 18, 2026

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ZONING TEXT AMENDMENT TO
CHAPTER 16 (SUBDIVISIONS)
AND CHAPTER 17 (ZONING)
City Council Meeting
October 13, 2026

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Project Description- TA26-02
• Implement Housing Element Program
• Eliminate Conditional Use Permit (CUP) for
condominiums
• Remove Subjective Design Standards
• Align Subdivision review with Precise
Development Plan Procedures
• Modernize code to reflect best practices

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CUP Eliminated for Condos
Current Process
• Precise Development
Plan
• Conditional Use Permit
• Tentative Map
Subdivision
Proposed Process
• Precise Development
Plan
• Tentative Map
Subdivision
• Major
• Minor

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Chapter 16 Subdivisions
Align Map Procedures with Major/Minor Precise
Development Plans
Major Tentative Map
• 5+ units/lots
• Planning Commission
• Notice of Hearing 300’ residential and 500’ nonresidential Minor Tentative Map
• 4 or fewer units/lots
• Community Development Director
• Notice of Action 100’ Page 244 of 602
Subjective Standards Eliminated
Subjective Standards Removed to Align with State Law
Examples of Subjective Standards Being Removed:
• Architectural Harmony
• Attractive landscaping
• Other information requested

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Planning Commission Recommendation
• Planning Commission adopted PC Resolution
No. 26-15 recommending approval on August
18, 2026

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Findings HBMC 17.84.050
A. Not detrimental to the public interest, health,
safety, convenience or welfare of the City
B. Consistent with vision, goals and objectives,
and policies of general plan.

C. Consistent with Zoning Ordinance, Title 17.

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CEQA &Public Notice
 CEQA
- Statutorily Exempt Public Resources Code §21080.085
- CEQA Guidelines Section 15061
 Public Notice
- Legal ad in Easy Reader
- Published on website
- Public Postings at City Hall, Library, and
Community Center

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Recommendation

1. Conduct a public hearing to consider the proposed Text Amendments;

2. Determine the action to be Statutorily Exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code § 21080.085 and independently
exempt pursuant to CEQA Guidelines §15061(b)(3); and

3.Introduce by Title only and waive first reading of the Ordinance

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Planning Division
(310) 318-0242
[email protected]
THANK YOU!

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17.22.060 B Amended
Recommended Zoning Language (underline text is new)

17.22.060 Construction, maintenance and development–residential–minimum design standards.

A. Minimum Lot Width. The minimum lot width shall be twenty-nine (29) feet.

B. Minimum Unit Sizes. The following shall be the minimum dwelling unit size (in gross floor area) for all newly constructed dwelling units; the conversion of existing legal residential dwelling units shall have no minimum unit size:

Square Feet

1. Studio/Efficiency Units 500

2. 2.One bedroom 900

3. Two bedrooms 1,100

4. Two bedrooms and den 1,250

5. Three bedrooms 1,400

6. Three bedrooms and den 1,600

7. Every bedroom over four bedrooms, requires one hundred thirty (130)

8. square feet of floor area.

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City of Hermosa Beach | Page 1 of 2
Meeting Date: October 13, 2026
Staff Report No. 26-PR-072
Honorable Mayor and Members of the Hermosa Beach City Council

ADOPT A RESOLUTION TO MODIFY THE ANNUAL TENNIS MEMBERSHIP AND

HOURLY RESERVATION FEES
(Parks and Recreation Director Lisa Nichols)
Recommended Action:

Staff recommends City Council adopt a resolution by title modifying the annual tennis membership and hourly resident reservation fees.

Executive Summary:

Staff prepared a resolution to update the City’s Master Fee Schedule to modify the annual tennis membership fee from $19 to $25 and the hourly resident reservation fee from $9 to $12 between the hours of 8:00 a.m. to 7:00 p.m. and from $11 to $14 between the hours of 7:00 p.m. to 10:00 p.m.

Background:

Past Commission and Council Actions
Meeting Date Description
Parks and
Recreation
Advisory
Commission:

July 7, 2026
The Commission recommended City Council approve an
increase to the annual tennis membership fee from $19 to $25 and the hourly resident reservation fee from $9 to $12 between the hours of 8:00 a.m. to 7:00 p.m. and from $11 to $14 between the hours of 7:00 p.m. to 10:00 p.m.

City Council:

September 8, 2026 City Council approved the Commission’s recommendation.

Discussion:

Attachment 1 is the proposed resolution to amend the City’s Master Fee Schedule to implement City Council’s approved fee modifications.

Environmental Analysis:

The proposed resolution is not a “project” under the California Environmental Quality Act (CEQA) as defined under State CEQA Guidelines Section 15378, pursuant to subsections 15378(b)(4) and (b)(5), and is therefore not subject to the California Environmental Quality Act. The proposed resolution will amend the City’s Master Fee Schedule to 1)

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City of Hermosa Beach | Page 2 of 2
increase the annual Tennis Membership Program Fee, and 2) increase the hourly Tennis Court reservation fees.

Subsection 15378(b)(4) provides that the creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment, is not a “project” as defined by Section 15378. The amended fees do not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment.

Subsection 15378(b)(5) provides that organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment are not a “project” as defined by Section 15378. Establishing and amending City fees are organizational or administrative activities that will not result in direct or indirect physical changes in the environment. The City anticipates no change in facility use after adopting the updated fees. The updated fees will remain lower than annual tennis membership and hourly tennis reservation fees charged by surrounding jurisdictions.

Fiscal Impact:

The modification of the annual tennis membership fee and hourly reservation fee is anticipated to generate approximately $15,700 in additional Community Center Rental revenue at account code 001-3405 to the City’s General Fund. Staff anticipates reviewing the fees in the upcoming Midyear Budget review.

Attachment:

1. Draft Resolution
Respectfully Submitted by: Lisa Nichols, Parks and Recreation Director Noted for Fiscal Impact: Henry Chao, Finance Manager
Reviewed by: Brandon Walker, Administrative Services Director Legal Review: Jason Baltimore, Interim City Attorney
Approved: Steve Napolitano, City Manager
Fees Membership
Revenue
Reservation
Revenue
Total
Revenue
Current
$19 Annual Membership Fee
$9 Hourly Reservation Fee
$2,000 $30,000 $32,000
Proposed
$25 Annual Membership Fee
$12 Hourly Reservation Fee
$3,200 $44,500 $47,700

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CITY OF HERMOSA BEACH
RESOLUTION NO. 26-XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE CITY’S MASTER FEE

SCHEDULE TO INCREASE THE ANNUAL TENNIS MEMBERSHIP AND

HOURLY RESIDENT RESERVATION FEES AND FINDING THE ACTION

IS NOT A PROJECT UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
WHEREAS, the City of Hermosa Beach (“City”) is authorized to regulate and establish fees for public programs and public facility reservations by resolution pursuant to the California Constitution (Section 7 of Article XI, and Sections 1(e)(2) and 1(e)(4) of Article XIIIC); and
WHEREAS, it is the intent of the City Council (“Council”) to recover costs reasonably borne in providing City services pursuant to Hermosa Beach Municipal Code (“HBMC”) Section 2.64.010, and to assess charges imposed for the entrance to or use of local government property; and
WHEREAS, the City conducted a Recreation Fee Study dated (“Study”) comparing neighboring cities’ annual tennis membership and resident reservation fees (“Fees”), which was presented to the Council at its regular meeting of September 8, 2026; and WHEREAS, the Council approved an increase to the Fees at its regular meeting on September 8, 2026; and
WHEREAS, management of the Tennis Membership Program requires staff time and resources; and
WHEREAS, the Council desires to amend the City’s Master Fee Schedule to adopt the increase of the Fees.

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

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

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SECTION 2. Amendment. Exhibit D of the City’s Master Fee Schedule (Recreation Facilities and Fees) is hereby amended to increase the Fees as follows:
a. Existing resident tennis court reservation fees from $9 to $12 per hour between the hours of 8:00 a.m. to 7:00 p.m. daily, and from $11 to $14 per hour between the hours of 7:00 p.m. to 10:00 p.m. daily. b. Annual Tennis Membership Program fee from $19 to $25 per year.

SECTION 3. Findings. The Council makes the following findings:
a. The Study demonstrates that the City’s existing Fees are lower than those charged by some neighboring jurisdictions, and do not adequately account for the City’s administrative and oversight costs. b. The Fee increases are intended to recover the City’s reasonable administrative and oversight costs, do not exceed those costs, and provide a fair and regionally consistent fee structure.
c. There is a reasonable relationship between the amounts of the Fees and the burdens imposed on the City by management of the Tennis Membership Program and associated reservations (including staff time, facility use, and program materials); and the amounts of the Fees have been calculated based upon the City’s estimated reasonable costs of providing those services. d. The Fees set forth in the Master Fee Schedule do not exceed the reasonable costs to the City of providing the respective services based on the record before the Council (including the Study, staff time, facility use, and program materials). e. The Fees are charges imposed for specific government services provided directly to the payor that are not provided to those not charged, do not exceed the reasonable costs to the City of providing those services, and are also charges imposed for entrance to or use of local government property. Accordingly, the

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Fees are not taxes under the California Constitution (Sections 1(e)(2) and 1(e)(4) of Article XIIIC).

SECTION 4. California Environmental Quality Act (“CEQA”). The Council finds that this Resolution is not a “project” as defined under CEQA Guidelines section 15378 and is therefore not subject to CEQA. The Fee increases are not a “project” under CEQA Guidelines section 15378(b)(4) (because the activity constitutes a government fiscal activity that does not commit the City to a specific project that may result in a potentially significant physical impact on the environment) and section 15378(b)(5) (because it is an organizational or administrative activity of the City that will not result in direct or indirect physical changes in the environment). The City anticipates no change in the use of its facilities following adoption of the updated Fees, which will remain lower than the Fees charged by surrounding jurisdictions.

SECTION 5. Severability. If any section or provision of this Resolution is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction or contravened by reason of any preemptive legislation, the remaining sections and provisions shall remain valid. The Council hereby declares that it would have adopted this Resolution regardless of the invalidity of any individual section or provision.

SECTION 6. Certification. The City Clerk shall certify to the passage and adoption of this Resolution; cause it to be entered in the City’s book of original resolutions; and enter its passage and adoption in the minutes of the meeting at which it was adopted.

SECTION 7. Effective Date. This Resolution shall become effective immediately upon adoption.

PASSED, APPROVED, and ADOPTED on this 13th day of October 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

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City Clerk Interim City Attorney

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ADOPT A RESOLUTION TO

MODIFY THE ANNUAL TENNIS

MEMBERSHIP AND HOURLY

RESERVATION FEES

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RECOMMENDED ACTION
Staff recommends City Council adopt a resolution by
title modifying the annual tennis membership and
hourly resident reservation fees.

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BACKGROUND
At its September 8, 2026 meeting, City Council approved modifying the annual tennis membership and hourly resident reservation fees.

Staff prepared a resolution to update the City’s Master Fee Schedule ➢ the annual tennis membership fee from $19 to $25
➢ the hourly resident reservation fee
➢ $9 to $12 between the hours of 8:00 a.m. to 7:00 p.m.; and ➢ $11 to $14 between the hours of 7:00 p.m. to 10:00 p.m.

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BACKGROUND
Resolution (Attachment 1) drafted to update the City’s Master Fee Schedule to implement the approved fee modifications.

The updated fees is potentially anticipated to generate approximately $15,700 in additional revenue to the General Fund.

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City of Hermosa Beach | Page 1 of 3
Meeting Date: October 13, 2026
Staff Report No. 26-PR-073
Honorable Mayor and Members of the Hermosa Beach City Council

INTRODUCTION OF AN ORDINANCE TO AMEND HERMOSA BEACH MUNICIPAL CODE CHAPTER 12.28 PARKS, PLAYGROUNDS AND OTHER PUBLIC AREAS,

12.28.050 PARK RESERVATIONS
(Parks and Recreation Director Lisa Nichols)
Recommended Action:

Staff recommends City Council find that the proposed ordinance is categorically exempt from the California Environmental Quality Act under State CEQA Guidelines Sections 15323 and 15301 and independently exempt under Section 15061(b)(3); and introduce by title only and waive further reading of an ordinance amending Chapter 12.28, Parks, Playgrounds and Other Public Areas, 12.28.050 Park reservations.

Executive Summary:

Staff prepared an ordinance to modify the Hermosa Beach Municipal Code (HBMC) Chapter 12.28, Parks, Playgrounds and Other Public Areas, 12.28.050, Park reservations, to allow non-resident reservations and include Sea View Parkette and Fort Lots-of-Fun Park as reservable parks.

Background:

Past Commission and Council Actions
Meeting Date Description
Parks and
Recreation
Advisory
Commission:

August 4, 2026
The Parks and Recreation Advisory Commission (Commission) recommended City Council approve modifying the resident park reservation fee from $58, plus the $29 application fee, to $100, plus the $29 application fee, and modifying the Park
Reservation Policy to allow for non-resident park reservations at a fee of $200, plus the $29 application fee, and expanding the list of reservable parks to include Sea View Parkette and Fort Lots-of-Fun Park.

City Council:

September 8, 2026
City Council approved the Commission’s recommendation and directed staff to prepare the item.

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City of Hermosa Beach | Page 2 of 3
Discussion:

Attachment 1 is the proposed ordinance to modify HBMC Chapter 12.28, Parks, Playgrounds and Other Public Areas, 12.28.050 Park reservations, to allow City Councilapproved policy modifications.

Next Steps:

If City Council introduces by title only and waives further reading of an ordinance amending Chapter 12.28 Parks, Playgrounds and Other Public Areas, 12.28.050 Park reservations, staff would return at the next regularly scheduled City Council meeting for the second reading and adoption of the ordinance, along with the resolution modifying the park reservation fees.

Environmental Analysis:

For purposes of the California Environmental Quality Act (“CEQA”), the proposed ordinance and the separate fee resolution are separate projects because each has independent utility and purpose and neither depends on the other.

The proposed ordinance is categorically exempt from CEQA under State CEQA Guidelines Section 15323 because it concerns the normal operation of existing facilities for public gatherings for which the facilities were designed; and Section 15301 because it concerns the operation and permitting of existing public facilities with no or negligible expansion of existing or former use. None of the exceptions in Section 15300.2 apply.

The ordinance is also independently exempt under Section 15061(b)(3) because it can be seen with certainty that allowing non-residents to reserve existing park facilities and adding two existing park facilities as reservable locations will not cause a significant effect on the environment.

The separate fee resolution is not a project under State CEQA Guidelines Section 15378(b)(4) because it is a governmental funding mechanism that does not commit the City to a specific project that may result in a potentially significant physical impact on the environment; and Section 15378(b)(5) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. The fee schedule does not change the capacity of existing park facilities or how they will be used.

Fiscal Impact:

The City would collect additional revenue from non-resident reservations and reservations at Fort Lots-of-Fun Park and Sea View Parkette. The amount of additional revenue would be determined based on non-resident demand for park reservations and demand for reservations at the parks newly added to the policy.

Attachment:

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City of Hermosa Beach | Page 3 of 3

1. Draft Ordinance

2. Draft Resolution
Respectfully Submitted by: Lisa Nichols, Parks and Recreation Director Noted for Fiscal Impact: Henry Chao, Finance Manager
Reviewed by: Brandon Walker, Administrative Services Director Legal Review: Jason Baltimore, Interim City Attorney
Approved: Steve Napolitano, City Manager

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ORDINANCE NO. 26-XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA

BEACH, CALIFORNIA, AMENDING HERMOSA BEACH MUNICIPAL CODE SECTION 12.28.050 TO ALLOW NON-RESIDENTS TO RESERVE CITY PARK

FACILITIES AND TO INCLUDE TWO ADDITIONAL CITY PARK LOCATIONS

FOR RESERVATION, AND FINDING THE PROJECT EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Hermosa Beach (“City”) is authorized to make its property and facilities available for public use; and is entitled to charge a fee for entrance to, use of, rental, purchase, or lease of governmental property under the general laws of California and pursuant to the California Constitution (Section 7 of Article XI, and Section 1(e)(4) of Article XIIIC); and WHEREAS, Hermosa Beach Municipal Code (“HBMC”) Section 12.28.050 provides that City residents may reserve certain City park facilities for informal or neighborhood gatherings, and reservations are subject to a charge when the City incurs direct costs on behalf of the event; and
WHEREAS, the City conducted a Recreation Fee Study (“Study”) of local cities’ fees related to City park reservations, which was presented to the City Council (“Council”) at its regular meeting of September 8, 2026; and WHEREAS, the Study demonstrates that the City’s existing fees are lower than some neighboring jurisdictions, do not adequately account for the City’s administrative and oversight costs, and the City is the only city surveyed that does not permit non-residents to reserve park facilities; and WHEREAS, the Council approved an increase to the City park reservation and application fees for residents at its regular meeting of September 8, 2026; and WHEREAS, the Council directed staff at its regular meeting of September 8, 2026, to prepare: (1) an amendment to the current Park Reservation Policy and HBMC Section 12.28.050 to permit non-residents to reserve City park facilities; (2) a non-resident City park reservation and application fee; and (3) amendments adding Fort Lots-of-Fun Park and Sea View Parkette as reservable locations; and

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WHEREAS, for purposes of the California Environmental Quality Act ("CEQA"), this Ordinance and Resolution No. RES-26-XXXX amending the City’s Master Fee Schedule are separate projects because each has independent utility and purpose and neither depends on the other; and
WHEREAS, the Council desires to amend HBMC Section 12.28.050 to permit non-residents to reserve City park facilities, to add Fort Lots-of-Fun Park and Sea View Parkette as available to reserve, and to update the reservation process.

NOW, THEREFORE, 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. Amendment. HBMC Section 12.28.050 (Park reservations) is hereby amended as set forth in Exhibit A, attached hereto and incorporated herein by this reference.

SECTION 3. Findings. The Council finds that the amendments to HBMC Section 12.28.050: (a) permit residents and non-residents to reserve City park facilities; (b) add Fort Lots-of-Fun Park and Sea View Parkette as reservable locations; and (c) provide that applicable park reservation fees are established by City Council resolution.

SECTION 4. California Environmental Quality Act (“CEQA”). For purposes of CEQA, this Ordinance and the separately considered Resolution No. RES-26- XXXX amending the City’s Master Fee Schedule are separate projects. Each action has independent utility and purpose, and neither action depends on the other. The Council has therefore independently evaluated the environmental effects of this Ordinance. This Ordinance is categorically exempt from CEQA under CEQA Guidelines section 15323 and section 15301.
a. CEQA Guidelines Section 15323. Section 15323 applies to the normal operations of existing facilities for public gatherings for which the facilities were designed where there is at least a three (3) year history of the facility being used for the same or similar purposes and there is a reasonable expectation that the proposed activity would not change the operation of park facilities. Here, the parks subject to this Ordinance were designed to be used by the general public and have been used by the public for many years. Non-City residents have never been barred from the City’s park facilities. City residents have been able to

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reserve facilities at some of these facilities for many years. Allowing non-City residents to make reservations for park facilities, and adding two (2) additional park facilities as available to reserve, will not change how the existing park facilities are used. Instead, it is simply an administrative process that allows for more organized and efficient use of the facilities.
b. CEQA Guidelines section 15301. Section 15301 applies to the operation, repair, maintenance, permitting or minor alteration of existing public facilities where there is either negligible or no expansion of existing or former use. Here, the park facilities subject to this Ordinance have been open to the general public for use for many years, and City residents have been able to reserve some of these park facilities for many years. The Ordinance constitutes the operation of these existing park facilities without any change in the type of use.

Allowing non-City residents to reserve existing park facilities, and adding two additional park facilities to the list of facilities that can be reserved does not constitute an expansion of existing or former use. The reservation system is an administrative process to allow for the more organized and efficient use of the facilities. The reservation system does not expand the hours of operation or capacity of the existing park facilities. The Council’s separate consideration of park reservation and application fees does not change the capacity of the existing park facilities or how they will be used.
c. CEQA Guidelines section 15300.2. None of the
exceptions identified in Section 15300.2 to the use of these exemptions are found here. The park facilities subject to the Ordinance are intended to be used by the general public and such use does not create any cumulative adverse impacts.

There are no unusual circumstances involved in allowing two (2) additional park facilities to be reserved and in allowing non-City residents to reserve park facilities because the reservation system is simply an organizational process that does not change the use of the facilities, and such use does not create any significant impacts. The Ordinance will not result in damage to any scenic or historic resource, and it is not applicable to any hazardous waste site. d. CEQA Guidelines section 15061(b)(3). The Ordinance is also independently exempt under Section 15061(b)(3) (Common-Sense Exemption) because reservations remain limited to twenty-five (25) people and the Ordinance authorizes no construction, physical alteration, expanded operating hours, increased facility capacity, or other activity that could significantly affect the environment. Accordingly, no further environmental review is required.

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SECTION 5. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the 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 6. 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 7. Effective Date. This Ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption.

PASSED, APPROVED, and ADOPTED on this 13th day of October 2026 Mayor Michael 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
HBMC Section 12.28.050 is hereby amended in its entirety to read as follows:

12.28.050 Park reservations
Park reservations shall be available year-round to City residents and non-residents for informal or neighborhood gatherings. Reservations are optional and shall be subject to applicable fees established by resolution of the City Council.

Reservations shall be submitted to the Parks and Recreation Department and can be made for the following parks only:

A. Valley Park: Corner of Gould and Valley Drive;
B. Bicentennial Park: 4th and Ardmore;
C. Greenwood Park: PCH and Aviation;
D. South Park: 425 Valley Drive;
E. Clark Field: 861 Valley Drive;
F. Edith Rodaway Park: Prospect and Hollowell Avenue;
G. Fort Lots-of-Fun Park: 1102 6th Street; and
H. Sea View Parkette: 1870 Prospect Avenue.

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CITY OF HERMOSA BEACH
RESOLUTION NO. 26-XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE CITY’S MASTER FEE SCHEDULE

TO INCREASE THE RESIDENT PARK RESERVATION FEES AND FINDING

THE ACTION IS NOT A PROJECT UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Hermosa Beach (“City”) is authorized to regulate and establish fees for public programs and public facility reservations by resolution pursuant to the California Constitution (Section 7 of Article XI, and Sections 1(e)(2) and 1(e)(4) of Article XIIIC), California Government Code Sections 66014, 66016, and 66018; and WHEREAS, it is the intent of the City Council (“Council”) to recover costs reasonably borne in providing City services pursuant to Hermosa Beach Municipal Code (“HBMC”) Section 2.64.010, and to assess charges imposed for the entrance to or use of local government property; and
WHEREAS, the City conducted a Recreation Fee Study (“Study”) of local cities’ fees related to City park reservations, which was presented to the City Council (“Council”) at its regular meeting of September 8, 2026; and
WHEREAS, the Study demonstrates that the City’s existing fees are lower than some neighboring jurisdictions, do not adequately account for the City’s administrative and oversight costs, and the City is the only city surveyed that does not permit nonresidents to reserve park facilities; and WHEREAS, the Council approved an increase to the City park reservation and application fees for residents at its regular meeting of September 8, 2026; and WHEREAS, the Council directed staff at its regular meeting of September 8, 2026, to prepare: (1) an amendment to the current Park Reservation Policy and HBMC Section

12.28.050 to permit non-residents to reserve City park facilities; (2) a non-resident City

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park reservation and application fee; and (3) amendments adding Fort Lots-of-Fun Park and Sea View Parkette as reservable locations; and
WHEREAS, management of City park reservations requires staff time and resources; and
WHEREAS, the proposed fee increases and non-resident reservation and application fees are intended to recover and do not exceed the City’s reasonable administrative and oversight costs, and provide a fair and regionally consistent fee structure; and
WHEREAS, there is a reasonable relationship between the amount of the City park reservation and application fees and the burdens imposed on the City by management of the City Park Reservation Program including staff time, facility use, and program materials; and that the amounts of the fees have been calculated based upon the City’s estimated reasonable costs of providing such specific governmental services; and WHEREAS, the increase of the City park reservation and application fees and the establishment of a non-resident City park reservation and application fee constitutes a charge imposed for a specific government service provided directly to the payor that is not provided to those not charged and does not exceed the reasonable costs to the City of providing such service, and therefore the fees are not a tax pursuant to the California Constitution (Section 1(e)(2) of Article XIIIC); and
WHEREAS, the City has made available data regarding the cost or estimated cost of providing services for the fees at least ten (10) days before the public meeting held on October 13, 2026, pursuant to the California Government Code sections 66016 and 66018; and
WHEREAS, at its regular meeting of October 27, 2026, the Council adopted Ordinance No. 26-XXXX as a separate action amending HBMC Section 12.28.050 to permit non-residents to reserve City park facilities and to include Sea View Parkette and Fort Lots-of-Fun Park as eligible locations for park reservations; and

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WHEREAS, for purposes of the California Environmental Quality Act ("CEQA"), this Resolution and Ordinance No. 26-XXXX are separate projects because each has independent utility and purpose and neither depends on the other; and WHEREAS, the Council desires to amend the City’s Master Fee Schedule to adopt the increase of the City park reservation and application fees and establish a non-resident City park reservation and application fee.

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

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

SECTION 2. Amendment of Fees. Exhibit D of the City’s Master Fee Schedule (Recreation Facilities and Fees) is hereby amended to increase the existing City park reservation fee for City residents to one hundred dollars ($100) per reservation and the existing application fee for City residents to twenty-nine dollars ($29).

SECTION 3. Adoption of Fees. Exhibit D of the City’s Master Fee Schedule (Recreation Facilities and Fees)” is hereby amended to include a City park reservation fee for non-residents of two hundred dollars ($200) per reservation and an application fee for non-residents of twenty-nine dollars ($29).

SECTION 4. Findings. The Council finds that the fees set forth in the Master Fee Schedule do not exceed the reasonable costs to the City of providing the respective services, as demonstrated in the Recreation Fee Study.

SECTION 5. California Environmental Quality Act (“CEQA”). For purposes of CEQA, this Resolution is a separate project from Ordinance No. 26-XXXX and the related amendments to the Park Reservation Policy. Each action has independent utility and purpose, and neither depends on the other. The Council has independently evaluated this Resolution and finds that it is not a project under CEQA. a. CEQA Guidelines Section 15378(b)(4). The reservation and application fee increases do not constitute a project under CEQA pursuant to Section 15378(b)(4) because they constitute a governmental funding mechanism that does not commit the City to a specific project that may result in a potentially significant physical impact on the environment.

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b. CEQA Guidelines Section 15378(b)(5). The reservation and application fee increases do not constitute a project under CEQA pursuant to Section 15378(b)(5) because the fee schedule is an organizational or administrative activity of the City that will not result in direct or indirect physical changes in the environment. The fee schedule does not change the capacity of existing park facilities or how they will be used.

Accordingly, no further environmental review is required.

SECTION 6. Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications; and, to this end, the provisions of this Resolution are severable.

SECTION 7. Certification. The City Clerk is directed to certify the passage and adoption of this Resolution; cause it to be entered into the City’s book of original Resolutions; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the Resolution’s passage and adoption, cause it to be published or posted in accordance with California law.

SECTION 8. Effective Date. This Resolution will become effective as of the effective date of Ordinance No. 26-XXXX.

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INTRODUCTION OF AN ORDINANCE

TO AMEND HERMOSA BEACH
MUNICIPAL CODE CHAPTER 12.28

PARKS, PLAYGROUNDS AND OTHER
PUBLIC AREAS, 12.28.050 PARK

RESERVATIONS

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RECOMMENDED ACTION
Staff recommends City Council introduce by title only and waive further reading of an ordinance amending Chapter

12.28, Parks, Playgrounds and Other Public Areas, 12.28.050 Park reservations AND adopt the drafted resolution.

Staff prepared an ordinance to modify the Hermosa Beach Municipal Code (HBMC), to allow non-resident reservations and include Sea View Park and Fort Lots-of-Fun Park as
reservable parks.

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BACKGROUND
At its September 8, 2026 meeting, City Council approved staffs recommendations modifying the park reservation fees and inclusion of two Seaview and Forts Lots of Fun Parks.

Staff prepared a resolution to update the City’s Master Fee Schedule ➢ the resident reservation fee from $58 to $100
➢ the non-resident reservation fee of $200

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NEXT STEPS
Resolution (Attachment 1) drafted to update the City’s Master Fee Schedule to implement the approved fee modifications.

If City Council introduces by title only and waives further reading of the ordinance amendment, staff would return at the next regularly scheduled City Council meeting for the second reading and adoption of the ordinance, along with the resolution modifying the park reservation fees (Consent Calendar).

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City of Hermosa Beach | Page 1 of 5
Meeting Date: October 13, 2026
Staff Report No. 26-PR-068
Honorable Mayor and Members of the Hermosa Beach City Council

CONSIDERATION OF AMENDMENTS TO LONG-TERM AGREEMENTS WITH AAU

AND AVP TO EXPAND EVENT PROGRAMMING
(Recreation Coordinator II Kalyn Kaemerle)
Recommended Action:

Staff recommends City Council:

1. Consider an amendment to the Long-term Agreement (LTA) between the City of Hermosa Beach and Amateur Athletic Union (AAU) to expand event programming for the AAU Hermosa Beach National Championships, a youth volleyball tournament, to include a professional adult volleyball tournament and concerts;

2. Consider an amendment to the LTA between the City of Hermosa Beach and Association of Volleyball Professionals (AVP), LLC to expand event programming for the AVP Junior National Championships to include a professional adult volleyball league component;

3. Determine that the amendments are exempt from CEQA under CEQA Guidelines section 15323; and

4. If approved, authorize the City Manager to execute and the City Clerk to attest to each LTA amendment, subject to approval by the City Attorney.

The Parks and Recreation Department oversees special events on public property. To support and develop a long-term approach to event scheduling, eligible events can qualify for an LTA with the City.

AAU and AVP have requested amendments to their existing LTAs with the City to expand programming for their respective 2027 beach volleyball events. AAU is requesting to add a professional adult volleyball tournament and concerts to the AAU Hermosa Beach National Championships, while AVP is requesting to add a professional adult volleyball league component to the AVP Junior National Championships (Amendments).

Background:

The LTA Program allows organizations that meet the eligibility requirements to apply for an LTA to secure event dates for up to three years, eliminating the need to submit a special event application each year and participate in the annual review and approval process by the Parks and Recreation Advisory Commission and City Council.

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City of Hermosa Beach | Page 2 of 5
The AAU Hermosa Beach National Championships and AVP Junior National Championships are national-level junior beach volleyball tournaments held on the north and south sides of the Pier within the Commercial Zone (10th to 15th Streets) in July. These tournaments attract youth athletes from across the country, and each event producer anticipates up to 500 participants and 200 spectators per event day.

Staff worked with AAU and AVP to develop mutually agreeable terms for an LTA for its respective events from 2026 through 2027, which City Council approved at its January 13, 2026, meeting.

On August 11, 2026, AAU submitted a formal proposal (Attachment 1) to staff to amend their current LTA (Attachment 2) to allow them to expand event programming for the AAU Hermosa Beach Championships with a professional adult volleyball tournament and concerts.

On August 21, 2026, AVP submitted a formal proposal (Attachment 3) to staff to amend their current LTA (Attachment 4) to allow them to expand event programming with a professional adult league while still encompassing the AVP Junior National Championships within the Hermosa Beach Open.

Past Commission and Council Actions
Meeting Date Description
Parks, Recreation,
and Community
Resources
Advisory
Commission:

July 1, 2025
The Commission recommended City Council authorize staff to begin LTA negotiations with AAU for the AAU Hermosa Beach Championships in 2026 and 2027, with an option, at staff’s discretion, to extend the LTA for an additional one-year term.

Parks, Recreation,
and Community
Resources
Advisory
Commission:

October 7, 2025
The Commission recommended that the City Council authorize staff to include in the LTA negotiations with AAU for the AAU Hermosa Beach Championships, the AAU High School Boys
Beach Volleyball League Matches, and the AAU Southern
Grand Prix Series.

City Council:

October 14, 2025 City Council approved the Commission’s recommendations.

City Council:

January 13, 2026
City Council approved long-term agreements (LTA) with AVP and AAU for its special events on the dates listed in each LTA in 2026 and 2027, with an option, at staff’s discretion, to extend the LTA for an additional one-year term for each organization’s special events in 2028 on dates to be determined.

Discussion:

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City of Hermosa Beach | Page 3 of 5
A summary of each proposal is provided below.

AAU Proposal
AAU’s proposal (Attachment 1) includes maintaining the youth volleyball tournaments as part of the AAU Hermosa Beach National Championships in 2027, along with a request to include a professional adult volleyball tournament, with concerts following the tournament on select event dates, on the south side of the Pier. AAU’s proposal also requests two additional dates in 2027 that conflict with AVP’s currently approved dates for the AVP Junior National Championships. Staff does not recommend accommodating the two additional event dates requested and has not included them in the proposed amendment.

AVP Proposal
AVP’s proposal (Attachment 3) includes maintaining the AVP Junior National Championships and requests adding a professional adult league component, including general admission bleachers and ticketed VIP areas.

Table 1 below summarizes the currently approved 2027 event dates and proposed amendments, including setup and teardown dates, and reflects them on the 2027 Special Events Calendar (Attachment 5).

Table 1: 2027 AAU and AVP Approved Event Details and Requested Amendments Tournament Approved Requested Amendments
AAU Hermosa
Beach
Championships
July 12 – July 19*
July 13 – July 19
 Youth Volleyball Tournament (July
13)
 Professional Adult Volleyball
Tournament + Concert (July 14-17)
 Junior Nationals (July 18-20)
AVP Junior
National
Championships
July 19* – July 27 July 19 – July 27
 Adding professional adult league
*July 19 is an approved shared event day for AAU event teardown and AVP event setup.

Environmental Analysis :

The Amendments are exempt under CEQA Guidelines section 15323, which applies to the normal operation of facilities for public gatherings, where there is a past history of the facility being used for the same or a similar purpose within the last three years. The Amendments fit within this exemption because: (1) events either the same as or similar to the beach volleyball tournament and concert have been occurring at this location and public facilities since 2017; and (2) based on staff’s understanding and past experience with the activities proposed under the Amendments, it is reasonably expected that the Amendments would not represent a change in the operation of these public facilities.

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City of Hermosa Beach | Page 4 of 5
Event will temporarily be relocated to beach volleyball courts located on South of Pier to accommodate the main court infrastructure, still available otherwise to the public. All remaining access and operations remains in tact including public access to the coastal area.

None of the exceptions to the use of this exemption as identified in CEQA Guidelines section 15300.2 exist because: (1) these are yearly events that do not have a cumulative impact; (2) there are no unusual circumstances related to the tournaments; (3) the tournaments do not result in damage to scenic resources within a designated scenic highway; (4) the facilities are not listed on a hazardous waste site; and (5) the tournaments do not impact any historical resource.

Options for Council Consideration:

1. Approve an amendment (Attachment 6) to the LTA with AAU to allow for expanded event programming for the AAU Hermosa Beach National Championships to include a professional adult volleyball tournament and concerts, without the two additional event dates requested in 2027, July 20 and 21;

2. Approve an amendment (Attachment 7) to the LTA with AVP to allow for expanded programming for the AVP Junior National Championships to include a professional adult volleyball league component;

3. Approve either or both amendments with modifications as directed by City Council;

4. Disapprove both amendments.

Fiscal Impact:

In 2026, indirect revenue to the General Fund totaled $4,736.25 for the AAU Hermosa Beach National Championships and $3,310 for the AVP Junior National Championships.

Additionally, each organization is responsible for all direct costs associated with City staff and resources. With the additional event programming elements requested by each organization, we will determine additional indirect revenue based on the locations used, applicable fees, and any increase in attendance associated with the expanded event programming.

Attachments:

1. AAU Proposal

2. Current AAU LTA

3. AVP Proposal

4. Current AVP LTA

5. 2027 Special Events Calendar

6. First Amendment with AAU

7. First Amendment with AVP

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City of Hermosa Beach | Page 5 of 5
Respectfully Submitted by: Kalyn Kaemerle, Recreation Coordinator II Concur: Brian Sousa, Parks and Recreation Manager
Reviewed by: Lisa Nichols, Parks and Recreation Director Noted for Fiscal Impact: Henry Chao, Finance Manager
Reviewed by: Brandon Walker, Administrative Services Director Legal Review: Jason Baltimore, Interim City Attorney
Approved: Steve Napolitano, City Manager

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AAU BEACH VOLLEYBALL

LETTER OF

PROPOSAL
August 10, 2026 • Presented by Denny Lennon

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33 YEARS AND LOOKING FORWARD.

AAU BEACH VOLLEYBALL • 2027 HERMOSA BEACH PARTNERSHIP 02

A LONGSTANDING RELATIONSHIP
AAU Beach Volleyball is proud to present two proposals for 2027 designed to build upon our 33-year relationship with the City of Hermosa Beach.

Our goal is to move beyond simply hosting events and make a meaningful yearround investment in the Hermosa Beach beach volleyball community through youth development, increased access, professional programming, local employment, and enhanced national championship events.
01 AAU Hermosa Beach Club
02 Modifications for the 34th AAU Hermosa Beach National Championships
03 Community Benefits
2027 PROPOSAL
04 AAU’s Commitment

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01 AAU HERMOSA BEACH CLUB
AAU BEACH VOLLEYBALL • 2027 HERMOSA BEACH PARTNERSHIP 04

THE PROPOSAL
AAU proposes establishing an AAU
Hermosa Beach Club providing
consistent beach volleyball training and
competition opportunities for junior
athletes.

THE VISION
Create an accessible pathway into beach
volleyball for young athletes of all
economic backgrounds.

PROPOSED PROGRAM
Location: Commercial Zone, south side of the Pier
Schedule: Monday–Friday, 3:00–7:00 p.m.
2027 Sessions: January 4–June 18 and September 7–December 17 Instruction: Local professional players and coaches
Competition: Participation in AAU tournaments hosted in Hermosa Beach

PROGRAM STRUCTURE
The club is designed to provide affordable training
for junior athletes while bringing athletes from
different economic backgrounds together in one
training environment. Participating athletes, coaches,
and staff will maintain AAU membership, including
secondary insurance and background screening for
applicable personnel.
60 SCHOLARSHIPS
AAU has committed to fund/
scholarship up to 60 athletes
with financial need.

ACCESS & OPPORTUNITY
The program's central goal is to reduce the financial barrier to beach volleyball and expand access to the beach game for young people who cannot afford industry-level prices.

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02 MODIFICATIONS FOR THE 34th AAU HERMOSA

BEACH NATIONAL CHAMPIONSHIPS
AAU BEACH VOLLEYBALL • 2027 HERMOSA BEACH PARTNERSHIP 05 JULY 13–19, 2027
For 2027, AAU proposes to modify the event setup and replicate the build that took place prior to the 2026 BVCA event and was executed by the LA Galaxy. In place of a watch party, the AAU will host three or four days of programming for a professional event, followed by a concert on stage.

PROPOSED MODIFICATION: PROFESSIONAL PROGRAMMING
JULY 14–17
4:00–9:00 P.M.

JUL 13 Youth National Championship programming
JUL 14 Professional Beach Volleyball • 4–9 PM
JUL 15 Professional Beach Volleyball + *Concert • 4–9 PM JUL 16 Professional Beach Volleyball + *Concert • 4–9 PM JUL 17 Professional Beach Volleyball + *Concert • 4–9 PM JUL 18–19 Youth National Championship programming
* Dates and programming are proposed and subject to City approval and final event planning.

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03 COMMUNITY BENEFITS
AAU BEACH VOLLEYBALL • 2027 HERMOSA BEACH PARTNERSHIP 07 01 YOUTH ACCESS
Affordable training and up to 60 scholarships for athletes with financial need.
02 LOCAL OPPORTUNITY
Employment opportunities for Hermosa Beach-based professional players and coaches.
03 COMMUNITY ACTIVITY
Year-round youth programming plus expanded summer professional and entertainment programming.
04 ECONOMIC & TOURISM
Athletes, families, coaches, professional players and spectators spending additional time in Hermosa Beach.

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04 AAU'S COMMITMENT
AAU BEACH VOLLEYBALL • 2027 HERMOSA BEACH PARTNERSHIP 08 60 SCHOLARSHIPS AAU will fund/scholarship up to 60 athletes with financial need.

EVENT BUILD AAU National will pay for the proposed professional event build.

PROFESSIONAL
PURSE
AAU National will fund the professional tournament
purse.

ASSOCIATED
COSTS
AAU National will assume associated costs related to
the professional programming.

COLLABORATION AAU is open to discussing cost-sharing with AVP and/or BVCA should they elect to participate in a similar event structure.

AAU is not simply requesting access to Hermosa Beach. We are proposing an investment in the City's youth, professional volleyball community, and future as a premier beach volleyball destination.

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THANK YOU
AAU Beach Volleyball is grateful for its 33-year relationship with the City of Hermosa Beach.

We believe these proposals provide an opportunity to build upon that history while creating meaningful new opportunities for youth athletes, local professionals, residents, businesses, and visitors.

DENNY LENNON
AAU Beach Volleyball • 310-877-5293
August 10, 2026

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65270.00001\44513177.1
AAU Hermosa Beach Championships 2026 – 2028 1

AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND

AMATEUR ATHLETIC UNION TO PROVIDE THE AAU HERMOSA

BEACH CHAMPIONSHIPS, AAU HIGH SCHOOL BOYS BEACH

VOLLEYBALL LEAGUE MATCHES, AND THE AAU SOUTHERN

GRAND PRIX SERIES
THIS AGREEMENT is made this 13th day of January, 2026 (hereinafter titled the “Effective Date”), by and between the City of Hermosa Beach, a California municipal corporation (hereinafter called “CITY”) and the Amateur Athletic Union (hereinafter called “AAU”). CITY and AAU are sometimes individually referred to herein as “Party” and collectively referred to as “Parties.”

RECITALS
A. AAU desires to organize, coordinate, produce, and oversee the AAU Hermosa Beach Championships, AAU High School Boys Beach Volleyball League Matches, and the AAU Southern Grand Prix Series (“Events”) in the City on City-owned property for the term of this Agreement.

B. AAU represents that it is qualified and able to do so in a manner that benefits CITY and its community.

C. The CITY is willing to make its property (“City Property”) available for the Event due to the benefit it provides to the community.

NOW, THEREFORE, the parties agree as follows:

Section 1. Term of Agreement. The term of this Agreement shall commence on the Effective Date and terminate on January 13, 2028, unless earlier terminated as provided herein. Further, the City Manager, in the City Manager’s sole discretion, may have the option to extend this Agreement for one (1) additional one (1) year term on dates to be determined and contingent upon scheduling considerations related to the 2028 Olympic and Paralympic training and/or games.

Section 2. AAU’s Duties:
a. Events, Dates, and Locations. Subject to the terms of this Agreement, AAU may organize, coordinate, produce, conduct, and oversee the Events, which consists of youth volleyball tournaments on the dates below. Event activities pertaining to the AAU Hermosa Beach Championships may take place on the Beach north and south of the Pier within the commercial zone between Docusign Envelope ID: 440752B4-926C-43E4-9F8A-5628CF651852

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AAU Hermosa Beach Championships 2026 – 2028 2
10th to 15th street. Event activities pertaining to AAU High School Boys Beach Volleyball League Matches and the AAU Southern Grand Prix Series may take place on the Beach north of the Pier.

The Events must remain open to the public. Event dates, including set-up and tear-down, included as part of this Agreement shall be:
• 2026 Event Dates:
o AAU Hermosa Beach Championships: July 12 – July
21;
o AAU Southern Grand Prix Series: January 19,
February 1, February 16, February 22, March 15,
March 29, April 5, April 12, May 3, May 10, May 31,
June 20, June 21, October 31, November 8,
November 15, November 29, December 5,
December 12, and December 26;
o AAU High School Boys Beach Volleyball Matches:

August 29, September 27, October 3, October 11,
and October 18;
• 2027 Event Dates:
o AAU Hermosa Beach Championships: July 12 – July
19;
o AAU Southern Grand Prix Series: January 2, January
18, January 31, February 14, February 15, February
28, March 13, March 14, March 28, April 3, April 4,
May 2, May 9, June 19, June 20, October 2, October
31, November 6, November 14, November 27,
December 4, December 18, and December 26;
o AAU High School Boy Beach Volleyball Matches:

August 28, September 18, October 2, and October 9
b. Annual Event Confirmation, Changes, and Cancellations. AAU annually inform the CITY of its intent to produce the Event, including confirmation of event dates and event times, no later than three (3) months prior to the event. The City shall notify AAU of its intention to exercise the additional one (1) year option and for which dates no later than January 31, 2028. Should AAU desire to reschedule an event date(s) or change Event location(s) from the dates outlined in this Agreement, it must do so in writing no later than three (3) months prior to the Event. CITY will review the request against other activities and events booked within the City. While approval of a date change will not be unreasonably withheld, already scheduled activities or events will have priority. Use of additional location(s) may be approved as mutually agreed upon between the CITY and AAU provided AAU informs the CITY of this request at least three (3) months prior to the Event.

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AAU Hermosa Beach Championships 2026 – 2028 3
CITY reserves the right in its sole discretion at any time or times to cancel the Event and/or suspend the use of Event location(s) subject to this Agreement, for any duration to protect public health and safety. Any such closure will not constitute a breach or a default of this Agreement. CITY shall have no liability whatever to AAU for the effect of such suspension and closure on any Event, nor shall CITY have any responsibility to provide AAU with substitute Event dates or locations. AAU’s rights under this Agreement are subject and subordinate to CITY’s police and emergency powers in addition to CITY’s rights to manage its municipal facilities, including outdoor public spaces and its contractual rights as described in this Agreement.
c. Event Permits and Agreements. AAU shall obtain permits from CITY for Events and shall enter into and comply with all agreements for such permits as required by CITY, including but not limited to the following:
• Any required permits from the Community Development
Department pertaining to building and safety review.
• Any required permits from the Los Angeles County Fire Department.
• Any required permits from the California Coastal
Commission.
d. Fee to CITY. AAU shall pay CITY direct and indirect costs including but not be limited to the provision of CITY staff time dedicated to the Events, Amplified Sound Permit fees, parking fees, dally special event category fees, daily set-up/tear-down fees, and co-sponsor fees.
e. Annual Review. Within sixty (60) days prior to and after each Event, AAU shall provide an annual overview to the Parks, Recreation and Community Resources Advisory Commission in the form of an agendized presentation. The pre-event presentation shall highlight:
a general event overview including anticipated number of attendees; an overview of the event footprint and individualized setup; and anticipated impacts to the community as a result of the event. The post-event presentation shall include: a general overview including the actual number of attendees; actual impact(s) to the community as a result of the event; and any event struggle(s) and success(es).

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f. Environmental Sustainable Measures. AAU shall implement the CITY’s environmental sustainability measures, including but not limited to:
• AAU shall only use electric generators or generators
operated with a 50% blend of bio-diesel fuel, or equivalent or lower emissions sources.
• AAU shall incorporate sustainability requirements into vendor agreements.
• AAU shall advertise green measures and rules in Events advertising.
• AAU shall limit single-use paper, packaging, and décor items.
• AAU shall limit use of handouts, flyers, and giveaways. • AAU shall enact a no-idling requirement for vehicles. • AAU shall provide on-site personnel to ensure that litter and trash are minimized, and recycling is maximized.
• AAU shall encourage vehicles used in connection with the Events, are hybrid, electric, or CNG vehicles.
• AAU shall participate in pre-event and post-event reviews of compliance with sustainability measures.
g. Parking Spaces. AAU may request dedicated use of public parking spaces as needed for Events activities including parking of Eventrelated vehicles; storage of essential Events-related equipment and supplies; and other Events-related structures for each Event. Use of these spaces must be mutually agreed upon between the CITY and AAU following submittal of a site plan by AAU outlining the use of the parking space(s) at least ten (10) working days prior to each Event. While approval of parking request(s) will not be unreasonably withheld, already scheduled activities or events will have priority.

The CITY will consider approval based on the location, seasonal needs for parking, and the overall impacts to the loss of parking spaces to the area. AAU shall ensure the spaces are clean from debris, and other materials that were collected as a result of Events activities.
h. Logistical Meetings. AAU is required to participate in logistical and planning meetings with relevant CITY departments as requested by the City.
i. Restroom, Recycling, and Trash Facilities. AAU shall provide an acceptable number of portable toilet facilities for each Event as determined by the CITY. AAU shall provide trash and recycling receptacles for each Event as required by the CITY. Recyclable Docusign Envelope ID: 440752B4-926C-43E4-9F8A-5628CF651852

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items shall be separated from refuse/trash. AAU shall coordinate with CITY’s franchisee refuser hauler to add recycling containers in convenient locations to ensure capacity and reduce litter. The location, delivery, and pick-up of these items must be mutually agreed upon between AAU and the CITY prior to each Event. j. Sponsorships; Tickets; Merchandise; and Broadcasting. CITY acknowledges and agrees that AAU (i) may (and has the exclusive right to) promote and market the Events in its sole discretion, (ii) may (and has the exclusive right to) sell sponsorships, food and nonalcoholic beverages at Event in its sole discretion; provided that no Events sponsor will be promoting or marketing gambling, political, or religious viewpoints. Donating persons or entities must be consistent with the core values, mission, and vision of the City. CITY hereby grants to AAU and each Event sponsor, at no charge to AAU or such Event sponsor, the right to use and display the City of Hermosa Beach name in advertisements, publicity, and promotions for Events. AAU has the exclusive right to broadcast the Events in its sole discretion and AAU is entitled to retain all revenues from such sales and broadcasts.
k. Insurance. AAU shall provide comprehensive general liability insurance in the form of a certificate naming "the City of Hermosa Beach, its officers, agents, volunteers, and employees as additional insureds." AAU shall maintain insurance coverage meeting the standards outlined in this Section at all times during the term of the Events permitted by this Agreement. All certificates are subject to approval of the City’s Risk Manager. Coverage shall be at least as broad as Insurance Services Form CG 00 01 covering commercial general liability on an "occurrence" basis, including property damage, bodily injury, death, and personal and advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Agreement, or the general aggregate limit shall be twice the required occurrence limit. The City reserves the right to request greater or lesser amounts of insurance coverage.

AAU shall provide evidence that the commercial general liability insurance includes coverage for injuries to athletic participants and participant accident insurance. If AAU maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. AAU shall furnish properly executed Docusign Envelope ID: 440752B4-926C-43E4-9F8A-5628CF651852

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certificates of insurance to City, which certificates shall clearly evidence all coverage required above and provide that such insurance shall not be materially changed, terminated or allowed to expire except on thirty (30) days prior written notice to City; and further, shall provide that if AAU fails to pay any required deductible or self-insured retention, City may do so at AAU’s expense. l. Indemnification. AAU shall indemnify and hold harmless the CITY, its officers, employees and agents from and against any and all claims, demands, losses, damages, costs and expenses (including but not limited to court costs, penalties, expert fees and reasonable attorneys’ fees), judgments, liabilities and causes of action of any nature whatsoever and damages for injuries to persons and property arising from AAU‘s use of City Property pursuant to this Agreement, including but not limited to AAU‘s negligent or wrongful acts, errors or omissions in the set-up, operation and tear-down of its improvements and use of City Property by AAU’s guests, patrons, invitees, customers, employees, officers, and contractors hired in connection with this Agreement. AAU shall promptly pay the amount of any final and non-appealable judgment rendered against CITY, its officers, employees and agents for any such indemnified claims, and reasonable costs, and reasonable expert and attorney fees incurred by CITY in the defense of such claims.

AAU’s obligations under this Section shall survive any termination of this Agreement.

Section 3. CITY’s Duties.
a. Event Permits. CITY shall provide event permits to AAU for each Event unless CITY determines in its sole discretion that it would not be in the public interest or that it would be averse to the public health, safety, or welfare.

Section 4. Assignment. This Agreement may not be assigned in whole or in part by either party, without the prior written consent of the other party. This Agreement is binding upon, and will inure to the benefit of, the successors and permitted assigns of each party.

Section 5. Independent Contractor. AAU will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute AAU as an agent, servant, or employee of the other party and shall not and is not intended to create the relationship of partnership, joint venture or association between CITY and AAU.

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Section 6. Termination. CITY may terminate this Agreement upon thirty (30) days written notice to AAU if CITY determines in its sole discretion that continuation of this Agreement would not be in the public interest, that it would be adverse to the public health, safety, or welfare, or that a substantial portion of CITY’s property is unavailable due to construction activity. Prior to termination on the ground that a substantial portion of CITY’s property is unavailable due to construction activity, CITY shall provide AAU an opportunity to propose adjustments to the venue or an alternative location for the Events. AAU’s proposed adjustments or alternative shall be provided within thirty (30) days of written notice from CITY and is subject to approval of the City Council, in its sole discretion, in a public meeting.

AAU may terminate this Agreement upon written notice if any casualty or other cause beyond the reasonable control of AAU prohibits or materially impedes AAU from conducting any Events in the manner required by the CITY. Upon termination of the Agreement, any Events subsequent to the termination will no longer be the responsibility of AAU.

Section 7. Notice. Any notice, demand, request, approval or communication required be made or given pursuant to this Agreement may either be personally served upon the other Party or deposited in the United States mail, postage prepaid as follows:

For AAU: Amateur Athletic Union
7428 Midfield Avenue
Los Angeles, CA 90045
(310 )877-5392
Attention: Denny Lennon
For CITY: City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, California 90254
(310) 318-0216
Attention: Steve Napolitano
Any notices so given pursuant to the provision of this paragraph will be deemed served twenty-four (24) hours after the deposit thereof in the United States mail.

Section 8. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and AAU, and supersedes all prior negotiations, representations or agreements, either written or oral, with respect to the subject matter of this Agreement. This Agreement may be amended only by a written instrument signed by both parties. The parties anticipate that, in addition to this Agreement, they will enter into a mutually acceptable event agreement for Docusign Envelope ID: 440752B4-926C-43E4-9F8A-5628CF651852

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AAU Hermosa Beach Championships 2026 – 2028 8
each Event setting forth precise terms and conditions applicable to that Event.

This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. A signed copy of this Agreement delivered by email or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

Section 9. Representations and Warranties. Each party hereby represents and warrants to the other party as of the date of this Agreement as follows:
a. It has the full power and authority to enter into this Agreement and perform each of its obligations hereunder;
b. This Agreement constitutes a legal, valid, and binding obligation of such party, enforceable against it in accordance with the terms of this Agreement, subject to creditors’ rights and general principles of equity; c. Such party’s execution and delivery of this Agreement, and its performance hereunder, will not violate or conflict with any other contract or agreement to which it is a party, any applicable law, or any court order or decree to which it is subject;
d. It is legally authorized and has obtained all necessary regulatory approvals for the execution, delivery, and performance of this Agreement;
e. No litigation or pending or threatened (in writing) claims of litigation exist which would reasonably be likely to adversely affect its ability to fully perform its obligations hereunder or the rights granted by it to the other party under this Agreement;
f. Such party’s employees (and employes of its subsidiaries, affiliates, assigns, representatives, licensees, or others contracting with such party to work at any Event) are, to the extent such position is covered by any collective bargaining agreement or to the extent there is any agreement obligating such function to be performed by union members, members of the appropriate union.;
Section 10. Choice of Law. This Agreement shall be deemed to be made, governed by, and construed in accordance with the laws of the State of California without giving effect to the conflict of law principles thereof.

Section 11. Severability. If any provision or a portion of any provision of this Agreement is held to be unenforceable or invalid by a court of competent Docusign Envelope ID: 440752B4-926C-43E4-9F8A-5628CF651852

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jurisdiction, the validity and enforceability of the enforceable portion of any such provision and/or the remaining provisions shall not be affected thereby.

Section 12. Waiver. The failure of any Party to enforce any of the provisions of this Agreement, or any rights with respect hereto, or the failure to exercise any election provided for herein, will in no way be considered a waiver of such provisions, rights, or elections, or in any way affect the validity of this Agreement.

The failure of any Party to enforce any of such provisions, rights, or elections will not prejudice such Party from later enforcing or exercising the same or any other provisions, rights, or elections which it may have under this Agreement.

EXECUTED the day and year first above stated.

AMATEUR ATHLETIC UNION
By: ____________________________________
Denny Lennon, AAU Beach Volleyball Director

CITY OF HERMOSA BEACH
By:___________________________________
Steve Napolitano, City Manager

APPROVED AS TO FORM ATTEST
By:_________________________________ By:_________________________________ Jason Baltimore, Interim City Attorney Reanna Guzman, Interim City Clerk Docusign Envelope ID: 440752B4-926C-43E4-9F8A-5628CF651852

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ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

PRODUCER CONTACT
NAME:

PHONE FAX
(A/C, No, Ext): (A/C, No):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE LIMITS (MM/DD/YYYY) (MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $

PRO- POLICY LOC JECT PRODUCTS - COMP/OP AGG
OTHER: $

COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY INJURY (Per person) $

OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY (Per accident) $

HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY (Per accident) $
$

OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTHSTATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
1/23/2026
(212) 603-0200
10120
Amateur Athletic Union of the United States, Inc. (AAU) P.O. Box 22409
Lake Buena Vista, FL 32830
A 1,000,000
GCN0012693-251 9/1/2025 9/1/2026 1,000,000
5,000
1,000,000
3,000,000
3,000,000
Policy Agg. Cap 20,000,000
A 1,000,000
GCN0012707-251 9/1/2025 9/1/2026 1,000,000
A Abuse or Molestation GCN0012693-251 9/1/2025 Aggregate 2,000,000 A Abuse or Molestation GCN0012693-251 9/1/2025 9/1/2026 Each Incident 1,000,000 Participant Legal Liability - Everest National Insurance Company - Policy #GCN0012693-251 - Effective 9/1/25-9/1/26 - $1,000,000 limit Excess Liability - 2nd Layer - HDI Global Specialty SE - Policy #25QS1244 - Effective 9/1/25-9/1/26 - $4,000,000 aggregate limit / $4,000,000 each occurrence Participant Accident - United States Fire Insurance Company - Policy #US1182736 - Effective 9/1/25-9/1/26 - Accident Medical - $100,000 / Accidental Death and Dismemberment - $20,000
RE: 1/19/26, 2/1/26, 2/16/26, 2/22/26, 3/15/26, 4/5/26, 5/3/26, 5/15/26, 6/20/26, 6/29/26, 7/12/26 SEE ATTACHED ACORD 101
The City of Hermosa Beach
710 Pier Avenue
Hermosa Beach, CA 90254
AMATATH-01 SCHIARELLA
New York-Alliant Ins Svc Inc
101 Park Ave 14th Fl
New York, NY 10178
Stephanie Chiarella
[email protected]
Everest National Insurance Company
9/1/2026
X
X
X
X
X
Docusign Envelope ID: 440752B4-926C-43E4-9F8A-5628CF651852

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Hermosa Beach City CouncilOctober 13, 2026

Hermosa Beach City Council
October 13, 2026