HomeMy WebLinkAboutBOOK 21 ORD-05-1250 TO ORD-09-1304 (DATED 06-14-2005 TO 01-12-2010)•
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Ordinance 05-1250 is amended by this Ordinance (06-1262)
To extend the deadline until September 14, 2006.
Ord 05-1250 (section 7) states:
SECTION 7. The building, plumbing and electrical permits, plan check and the
first annual reinspection fees shall be waived if the applicable grease recovery system has
been installed within .180 clay -s of the effective date of this Ordinance. (6/14/05)
Thereafter, all affected establishments shall comply with the fee requirements established
in the City's Master Schedule of Service Charges and Fees.
Ord. 06-1262 states:
SECTION 1. The City Council hereby finds that, due to the time needed for
inventory of existing grease control devices (GCDs) in food service establishments and
for the preparation of plans for new GCDs required by Ordinance • No. 05-1250,
extensions of the GCD installation and fee waiver deadlines established in Ordinance No.
05-1250 are warranted.
SECTION 2. The deadline established in Section 7 of Ordinance No. 05-1250 for
installation of required GCD(s) is hereby extended to Septeinher 14, 2006.
SECTION 3. The deadline established in Section 7 of Ordinance No. 05-1250 for
waiver of building permit and plan check fees and the first annual reinspection fee is
hereby extended to June 14, 2006, provided that an application is submitted for a permit
for the GCD(s) required pursuant to Ordinance No. 05-1250 by that date. Thereafter, all
affected establishments shall comply with the fee requirements established in the City's
Master Schedule of Service Charges and Fees.
N
Elaine Doerfling
City Clerk
February 13, 2006
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ORDINANCE NO. 05-1250
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING THE PLUMBING CODE (CHAPTER 15.16) TO REQUIRE
THE RETROFITTING OF GREASE REMOVAL SYSTEMS FOR FOOD
SERVICE ESTABLISHMENTS, PROVIDING FOR ANNUAL
INSPECTION OF GREASE RECOVERY SYSTEMS IN ALL FOOD
SERVICE ESTABLISHMENTS AND AMENDING THE HERMOSA
BEACH MUNICIPAL CODE
The City Council of the City of Hermosa Beach does hereby ordain as follows:
SECTION 1. Findings. The City Council hereby finds as follows:
A. Cooking grease produced by restaurants and other businesses discharged into the City's
sewer system causes sewer line blockages, which in turn create a number of problems such as:
• Sewer backups and overflows, which are offensive and a threat to public health;
• Discharge of backed -up sewage into storm drains, which degrades water quality in
water courses and the ocean;
• The need for repeated and costly unclogging of city sewer lines;
• Breakage and reduced life of sewer lines, creating additional costs for the City and
sewer users;
• Excessive grease sent to the wastewater treatment facility, which can overload the
system and cause the facility to exceed its allowable discharge limits.
B. Grease recovery systems address the foregoing problems by capturing fats, oil, and grease
("FOG") from the flow of wastewater by the action of slowing down the flow of hot greasy
water through the grease trap and allowing it to cool and collect. The cooler water continues to
flow down the drainpipe, while baffles or filters prevent the accumulated grease and oil from
flowing into the sewer.
C. The adoption of an ordinance to require existing restaurants and other businesses and
institutional uses with commercial kitchens to install grease recovery systems, and to provide
for annual inspection of grease recovery systems in all commercial kitchens in the City serves
to implement the City's permit obligations under the applicable National Pollution Discharge
Elimination System ("NPDES") permit, advances the goals of the federal Clean Water Act,
and furthers the public health, safety and welfare of the City and its residents.
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05-1250
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SECTION 2. The City Council held a duly -noticed public hearing on May 24, 2005 to
consider the amendment to the California Plumbing Code relative to grease recovery systems at
which the Council took testimony from interested persons prior to deliberating and taking action
on this Ordinance.
SECTION 3. Chapter 15.16 of Title 15 of the Hermosa Beach Municipal Code is
amended by adding thereto a new Section 15.16.070 to read as follows:
"15.16.070. Retrofitting Existing Commercial Kitchens With Grease Recovery Systems.
Notwithstanding the provisions of Section 15.16.010, the Plumbing Code is amended as
follows:
Section 1014.1.2 is added to Chapter 10 of the Plumbing Code to read as follows:
1014.1.2 For the purposes of Section 1014.1.3, the following terms shall have the following
meanings:
• Affected establishment means all commercial and institutional food preparation and food
service facilities which discharge wastewater or materials containing fat, oil or grease of a
concentration exceeding 100 mg/l, whether emulsified or not, or containing substances which
may solidify or become viscous at temperatures between 0 and 65 degrees Celsius (32-150
degrees F) at an access in nearest proximity to the point of discharge into the wastewater
treatment system, generally including but not limited to restaurants, bakeries, assisted living
facilities, convalescent homes, butcher shops, cafes, delicatessens, ice cream parlors, hotels,
and grocery stores.
• Grease shall mean grease, or fatty or oily substances and other insoluble waste that turns or
may turn viscous or solidifies with a change in temperature or other conditions.
• Grease removal system means any system that meets the requirements of this Code and
functions to remove grease from drain water prior to its entry into the public sewer system.
Section 1014.1.3 is added to Chapter 10 of the Plumbing Code to read as follows:
1014.1.3 The retrofit installation of an approved grease recovery system shall be required for
all affected establishments. The affected establishment shall have the option to install any of
the required grease recovery systems separately or in combination as prescribed in Chapter 10.
Plans or specifications prepared by a licensed professional engineer or a licensed plumbing
contractor, where required, and the manufacturer's installation and maintenance instructions
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shall be submitted to the Community Development Department (CDD) for approval prior to
installation. Any approvals and permits required for work in the public right-of-way shall be
obtained from the Public Works Department."
SECTION 4. Chapter 15.16 of Title 15 of the Hermosa Beach Municipal Code is
amended by adding thereto a new Section 15.16.080 to read as follows:
"15.16.080. Maintenance and Annual Inspection of Grease Recovery Systems in
Commercial Kitchens.
Notwithstanding the provisions of Section 15.16.010, the Plumbing Code is amended as
follows:
Section 1014.6.1 is added to Chapter 10 of the Plumbing Code to read as follows:
1014.6.1
1. Maintenance/Monitoring. It is the responsibility of the owner or operator of every
establishment required to have a grease removal system to maintain the system in a sanitary,
safe, and efficient operating condition so as to prevent grease from flowing into the sewer
system. A grease removal system shall not be considered properly maintained if for any reason
it is not in good working condition or if sediment and/or grease accumulations total more than
25 percent of the operative fluid capacity. It is the owner or operator's responsibility to provide
for removal of the accumulated grease and other waste contained in the system. Grease
removed from such a system shall not be disposed of in the sanitary or the storm sewer.
2. Inspection. All owners/operators of establishments with grease recovery systems shall
keep maintenance records and haulers manifests and shall allow City inspection of grease
removal systems a minimum of once per calendar year, All applicable records shall be
available to the Director or his representative upon request. An annual inspection fee in an
amount set forth in the City's Master Schedule of Service Charges and Fees shall be paid by
the owner/operator at the time of business license renewal."
SECTION 5. Affected establishments, as that term is defined in Section 1014.1.2 of the
Plumbing Code, existing on the effective date of this Ordinance shall be in full compliance with
the requirements of Section 15.16.070 of the Municipal Code within one year after the date of
adoption of this Ordinance.
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An owner of an affected establishment may request that the City Council grant a time
extension of up to 90 days beyond the required grease recovery system installation deadline.
Grounds for such a time extension shall be limited exclusively to financial hardship. Requests
shall be in writing, including written documentation of the financial hardship, and shall be filed
with the Director of Community Development prior to the deadline date for installation.
Documentation shall include audited financial statements, tax returns and similar documents as
determined necessary by the Director demonstrating the owner's financial inability to comply
within the deadline. The filing of such a request shall stay further action under this Ordinance
until a final decision by the Council. The City Council may grant such a time extension of up to 90
days if it finds that an owner will suffer undue financial hardship by complying with the
installation deadline.
SECTION 6. The Director of Community Development is directed to provide written
notice to all affected establishments in existence on the adoption date of this Ordinance, notifying
each of the adoption of this Ordinance, the requirements herein, and the schedule for compliance.
SECTION 7. The building, plumbing and electrical permits, plan check and the first
annual reinspection fees shall be waived if the applicable grease recovery system has been
installed within 180 days of the effective date of this Ordinance. Thereafter, all affected
establishments shall comply with the fee requirements established in the City's Master Schedule of
Service Charges and Fees.
SECTION 8. Adoption of this Ordinance is not a project within the meaning of the
California Environmental Quality Act (CEQA) pursuant to Section 15378 of the State CEQA
Guidelines.
SECTION 9. This ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 10. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this ordinance to be published in the "Easy Reader", a weekly newspaper of
general circulation published and circulated in the City of Hermosa Beach, in the manner provided
by law.
SECTION 11. The City Clerk shall certify to the passage and adoption of this ordinance,
shall enter the same in the book of original ordinances of said city, and shall make minutes of the
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05-1250 1
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passage and adoption thereof in the records of the proceedings of the City Council at which the
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same is passed and adopted.
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PASSED, APPROVED and ADOPTED this 14th day of June, 2005, by the following vote:
AYES:
Edgerton, Keegan, Tucker, Mayor Reviczky
NOES:
None
ABSENT-
Yoon
ABSTAIN:
None
PRESIDENT oKi City Coun MAYOR of the City of Hermosa Beach, California
ATTEST- APPROVED AS TO FORM:
City Clerk
E
City Attorney
05-1250 1
STATE OF CALIFORNIA
. COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 05-1250 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 14th of June 2005, and said
ordinance was published in the Easy Reader newspaper on June 23, 2005.
The vote was as follows:
AYES: Edgerton, Keegan, Tucker, Mayor Reviczky
NOES: None
ABSENT- Yoon
ABSTAIN: None
DATED: June 28, 2005
City Clerk
J
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
easyreader@easyreader.info
PROOF OF PUBLICATION
(2015.5C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
.lune 23
ALL IN THE YEAR 2005
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 23rd day of June 2005
� MI.
�iiiPli o•��l ��:= .TtiYll�J[ar-
•
Proof of Publication of:
CITY OF HERMOSA BEACH
Ordinance 05-1250 Plumbing
HC05-1016
i r.aMoa.
o e
'a r
City of
Hermosa Beach
ORDINANCE NO. 05-1250
AN ORDINANCE OF THE
CITY OF HERMOSA
BEACH, CALIFORNIA,
AMENDING THE PLUMB-
ING CODE (CHAPTER
15.16) TO REQUIRE THE
RETROFITTING OF
GREASE REMOVAL SYS-
TEMS FOR FOOD SERVICE
ESTABLISHMENTS, PRO-
VIDING FOR ANNUAL
INSPECTION OF GREASE
RECOVERY SYSTEMS IN
ALL FOOD SERVICE
ESTABLISHMENTS AND
AMENDINGTHE HERMOSA
BEACH MUNICIPAL CODE
The City Council of the City
of Hermosa Beach does
hereby ordain as follows:
SECTION 1. Findings.
The City Council hereby finds
as follows:
A. Cooking grease produced
by restaurants and other busi-
nesses discharged into the
City's sewer system causes
sewer line blockages, which in
turn create a number of prob-
lems such as:
" Sewer backups and over-
flows, which are offensive and a
threat to public health;
• Discharge of backed -up
sewage into storm drains, which
degrades water quality in water
courses and the ocean;
• The need for repeated and
costly unclogging of city sewer
lines;
• Breakage and reduced life
of sewer lines, creating addition-
al costs for the City and sewer
users;
" Excessive grease sent to
the wastewater treatment facili-
ty, which can overload the sys-
tem and cause the facility to
exceed its allowable discharge
limits.
B. Grease recovery systems
address the foregoing prob-
lems by capturing fats, oil, and
grease ("FOG") from the flow of
wastewater by the action of
slowing down the flow of hot
greasy water through the
grease trap and allowing it to
cool and collect. The cooler
water continues to flow down
the drainpipe, while baffles or
filters prevent the accumulated I
grease and oil from flowing into
the sewer.
C. The adoption of an ordi-
nance to require existing restau-
rants and other businesses and
institutional uses with commer-
cial kitchens to install grease
recovery systems, and to pro-
vide for annual inspection of
grease recovery systems in all
commercial kitchens in the City
serves to implement the City's
permit obligations under the
applicable National Pollution
Discharge Elimination System
("NPDES") permit, advances
the goals of the federal Clean
Water Act, and furthers the pub-
lic health, safety and welfare of �.
the City and its residents.
SECTION 2. The City
Council held a duly -noticed
public hearing on May 24, 2005
to consider the amendment to
the California Plumbing Code
relative to grease recovery sys-
tems at which the Council took
testimony from interested per-
sons prior to deliberating and
taking action on this
Ordinance.
SECTION 3. Chapter 15.16
of Title 15 of the Hermosa
Beach Municipal Code is
amended by adding thereto a
new Section 15.16.070 to read
as follows:
"15.16.070. Retrofitting
Existing Commercial
Kitchens With Grease
Recovery Systems.
Notwithstanding the provi-
sions of Section 15.16.010,
the Plumbing Code is
amended as follows:
Section 1014.1.2 is added
to Chapter 10 of the Plumbing
Code to read as follows:
1014.1.2 For theses
of Section 1014.1.3, the ollow-
ing terms shall have the follow-
ing.meanings:
Affected establishment
means all commercial and
institutional food preparation
and food service facilities
which discharge wastewater or
materials containing fat; oil or
grease of a concentration
exceeding 100 mg/I, whether
emulsified or not, or containing
substances which may solidify
or become viscous at tempera-
tures between 0 and 65
degrees Celsius (32-150
degrees F) at an access in
nearest proximiy to the point of
discharge into the wastewater
treatment system, generally
including but not limited to
restaurants, bakeries, assisted
living facilities, convalescent
homes, butcher shops, cafes,
delicatessens, ice cream par-
lors, hotels, and grocery stores.
" Grease shall mean
grease, or fatty or oily sub-
stances and other insoluble
waste that turns or may turn
viscous or solidifies with a
change in temperature or other
conditions.
• Grease removal system
means any system that meets
the requirements of this Code
and functions to remove
grease from drain water prior to
its entry into the public sewer
system.
Section 1014.1.3 is added
to Chapter 10 of the Plumbing
Code to read as follows:
1014.1.3 The retrofit installa-
tion of an approved grease
recovery system shall be
required for all affected estab-
lishments. The affected estab-
lishment shall have the option
to install any of the required
grease recovery systems sep-
arately or in combination as
prescribed in Chapter 10.
Plans or specifications pre-
pared by a licensed profession-
al engineer or a licensed
plumbing contractor, where
required, and the manufactur-
er's installation and mainte-
nance instructions shall be
submitted to the Community
Development Department
(CDD) for approval prior to
installation. Any approvals and
permits required for work in the
public right-of-way shall be
obtained from the Public Works
Department:'
SECTION 4. Chapter 15.16
of Title 15 of the Hermosa
Beach Municipal Code is
amended by adding thereto a
new Section 15.16.080 to read
as follows:
"15.16.080. Maintenance
and Annual Inspection of
Grease Recovery Systems
in Commercial Kitchens.
Notwithstanding the provi-
sions of Section 15.16.010,
the Plumbing Code is
amended as follows:
Section 1014.6.1 is added
to Chapter 10 of the
Plumbing Code to read as
follows:
1014.6.1
1. Maintenance/Monitoring.
it is the responsibility of the
owner or operator of every
establishment required to have
a grease removal system to
maintain the system in a sani-
tary, safe, and efficient operat-
ing condition so as to prevent
grease from flowing into the
sewer' system. A grease
removal system shall not be
considered properly main-
tained if for any reason it is not
in good working condition or if
sediment and/or grease accu-
mulations total more than 25
percent of the operative fluid
capacity. It is the owner or
operator's responsibility to pro-
vide for removal of the accu-
mulated grease and other
waste contained in the system.
Grease removed from such a
system shall not be disposed
of in the sanitary or the storm
sewer.
2. Inspection. All owners/
operators of establishments
with grease recovery systems
shall keep maintenance records
and haulers manifests and
shall allow City inspection of
grease removal systems a min-
imum of once per calendar
year. All applicable records
shall be available to the
Director or his representative
upon request. An annual
inspection fee in an amount set
forth in the City's Master
Schedule of Service Charges
and Fees shall be paid by the
owner/operator at the time of
business license renewal"
SECTION 5. Affected
establishments, as that term is
defined in Section 1014.1.2 of
the Plumbing Code, existing on
the effective date of this
Ordinance shall be in full com-
pliance with the requirements
of Section 15.16.070 of the
Municipal Code within one year
after the date of adoption of
this Ordinance.
An owner of an affected
establishment may request
that the City Council grant a
time extension of up to 90 days
beyond the required grease
recovery system installation
deadline. Grounds for such a
time extension shall be limited
exclusively to financial hard-
ship. Requests shall be in writ-
ing, including written documen-
tation of the finandat hardship,
and shall be filed with the
Director of Community
Development prior to the dead-
line date for installation.
Documentation shall include
audited financial statements;
tax returns and similar docu-
ments as determined neces-
sary by the Director demon-
strating the owner's financial
inability to comply within the
deadline. The filing of such a
request shall stay further action
under this Ordinance until a
final decision by the Council.
The City Council may grant
such a time extension of up to
90 days if it finds that an owner
will suffer undue financial hard-
ship by complying with the
installation deadline.
SECTION 6. The Director of
Community Development is
directed to provide written
notice to all affected establish-
ments in existence on the
adoption date of this
Ordinance, notifying each of
the adoption of this Ordinance,
the requirements herein, and
the schedule for compliance.
SECTION 7. The building,
plumbing and electrical per-
mits, plan Check and the first
annual reinspection fees shall
be waived if the applicable
grease recovery system has
been installed within 180 days
of the effective date of this
Ordinance. Thereafter, all
affected establishments shall
comply with the fee require-
ments established in the City's
Master Schedule of Service
Charges and Fees.
SECTION 8. Adoption of
this Ordinance is not a project
within the meaning of the
California Environmental
Quality Act (CEQA) pursuant
to Section 15378 of the State
CEQA Guidelines.
SECTION 9. This ordinance
shall become effective and be
in full force and effect from and
after thirty (30) days of its final
passage and adoption.
SECTION 10. Prior to the
expiration of fifteen (15) days
after the date of its adoption,
the City Clerk shall cause this
ordinance to be published in
the "Easy Reader", a weekly
newspaper of general circula-
tion published and circulated in
the City of Hermosa Beach, in
the manner provided by law.
SECTION 11. The City
Clerk shall certify to the pas-
sage and adoption of this ordi-
nance, shall enter the same -in
the book of original ordi-
nances of said city, and shall
make minutes of the passage
and adoption thereof in the
records of the proceedings of
the City Council at which the
same is passed and adopted.
PASSED, APPROVED and
ADOPTED this 14th day of
June, 2005, by the following
vote:
AYES:
Edgerton,
Keegan, Tucker,
Mayor Revicsky
NOES:
None
ABSENT:
Yoon
ABSTAIN:
None
J. R. Reviczky
PRESIDENT of the City
Council and MAYOR of the
City of Hermosa Beach,
California
ATTEST:
Elaine Doerfling
City Clerk
APPROVED AS TO FORM:
Michael Jenkins
City Attorney
ER June 23, 2005/HC05-016
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• 28
ORDINANCE NO. 05-1251
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
REGARDING NOISE FROM COMMERCIAL ESTABLISHMENTS AND
AMENDING THE HERMOSA BEACH MUNICIPAL CODE
The City Council of the City of Hermosa Beach does ordain as follows:
SECTION 1. Section 8.24.040 of Title 8, Chapter 8.24 of the Hermosa Beach Municipal
Code is amended by adding new paragraph J to read as follows:
J. Commercial establishments on Pier Plaza. Sustained amplified music from the
premises of any commercial establishment on Pier Plaza that is plainly audible eighty (80) feet
from the property line of the establishment.
SECTION 2. Title 8, Chapter 8.24 of the Hermosa Beach Municipal Code is amended by
adding thereto a new Section 8.24.045 to read as follows:
8.24.045 Amplified music on Pier Plaza.
All exterior doors and windows of a business establishment located on Pier Plaza shall be
closed while amplified music is being played in the establishment.
SECTION 3. This ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 4. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
fl
05-1251
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SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance,
shall enter the same in the book of original ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 28th of June 2005 by the following vote:
AYES:
Keegan, Tucker, Mayor Reviczky
NOES:
Yoon
ABSENT-
Edgerton
ABSTAIN:
None
PRESID
ATTEST -
City Clerk
I
f the City,4ou, kil and MAYOR of the City of Hermosa Beach, California
2
05-1251
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 05-1251 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 28th of June 2005, and said
ordinance was published in the Easy Reader newspaper on July 7, 2005.
The vote was as follows:
• AYES: Keegan, Tucker, Mayor Reviczky
NOES: Yoon
ABSENT: Edgerton
ABSTAIN: None
DATED: July 12, 2005
City Clerk
U
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
easyreader@easyreader.info
Proof of Publication of:
CITY OF HERMOSA BEACH
Ordinance 05-1251
HC05-018
PROOF OF PUBLICATION
(2015.5C.C.P.)
STATE OF CALIFORNIA,
of�
County of Los Angeles,
I am a citizen of the United States and a resident of the
ORDINANCE NO. 05-1251
aforesaid: I am over the age of eighteen years and
NOF THE
AN DINACounty "BEACH,
CCITYOFHER
not a party to or interested in the above -entitled matter. I
CALIFORNIA, REGARDING
am the principal clerk of the printer of the BEACH
NOISE FROM COMMERCIAL
ESTABLISHMENTS AND
PEOPLE'S EASY READER-REDONDO BEACH
AMENDING THE LCODEA
BEACH Ml1NCIPMLL CODE
HOMETOWN NEWS, a newspaper of general
The City Council of the City of
circulation, published WEEKLY in the City of
Hermosa Beach does ordain
as follows:
HERMOSA BEACH, County of Los Angeles, and which
1. Section
8:40401 of Title 8, Chapter
newspaper has been adjudged a newspaper of general
8.24 of the Hermosa Beach
circulation by the Superior Court of the County of Los
Municipal Code is amended by
adding new paragraph J to
Angeles, State of California, under the ate of
g > hdf Ob24
•
read as follows:
J. Commercial establish -
1972, Case Number SWC 22940 and October 3, 1989,
ments on Pier Plaza.
Case Number SWC 108772, and that the notice, of which
Sustained amplified music
from the premises of any com-
the annexed is a co set in a not smaller that
p copy ( type
mercial
Plazestablishment a Pier
Plaza that is plainly audible
nonpareil), has been published in each regular and entire
eighty (80) feet from the prop-
erty line of the establishment.
issue of said newspaper and not in any supplement thereof
SECTION 2. Title 8,
on the following dates, to -wit:
Chapter 8.24 of the Hermosa
Beach Municipal Code is
amended by adding thereto a
new Section 8.24.045 to read
as follows:
July 7
8.24.045 Amplified music
on Pier Plaza.
All exterior doors and win-
ALL IN THE YEAR 2005
dows of a business establish
meet located on Pier Plaza
_
PASSED, APPROVED and
ADOPTED this 28th of 2005 by
shall closed while amplified
i
music s being played in the
the following vote:
establishment.
SECTION 3. This ordinance
AYES: Keegan, Tucker,
I certify (or declare) under penalty of perjury that
shall become effective and be
MayMay or Reviczky
NOES -
NOES: Ybon
the foregoing is true and correct.
in full force and effect from andi
after thirty (30) days of its finale
ABSENT: Edgerton
ABSTAIN: None
passage and adoption.
SECTION 4. Prior to the
expiration of fifteen (15) days
after the date of its adoption,
J. R. Reviczky
Signed at HERMOSA BEACH, CALIFORNIA,
the City Clerk shall cause this
PRESIDENT the of City
CounciDENTl and MAYORtheof eCi
ordinance to be published in
the Easy Reader, a weekly
of Hermosa Beach, California �
th
This 7 day of July 2005
newspaper of general circula
tion published and circulated,
ATTEST:
in the City of Hermosa Beach
in the manner provided by law.
Elaine Doerfling
SECTION 5. The City Clerk
Ci Clerk
ty
shall certify to the passage and
adoption of this ordinance,
APPROVED AS TO FORM:
shall enter the same in the
Michael Jenkins
Cf Attorney
City y
book of original ordinances of
Beverly Mor e, Prin ipal VIA
said city, and shall make min-
ERIHCOS 018/July 7, 2005
of the passage and adop-
ion thereof in the records of
tion
•
the proceedings of the City
Council at which the same is
passed and adopted.
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ORDINANCE NO. 05-1252
AN ORDINANCE OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, ESTABLISHING CITYWIDE POSTED SPEED
LIMITS
WHEREAS, as the City of Hermosa Beach uses radar in the enforcement of its posted
speed limits;
WHEREAS, as the State of California Vehicle Code states, in essence, that posted speed
limits established under local authority, and conforming to the applicable sections and subsections of
the State of California Vehicle Code may not be enforced through the use of radar or other electronic
devices unless the posted speed limit has been reevaluated and justified by an engineering and traffic
survey within the last five years;
WHEREAS, as the traffic and engineering survey as defined by the State of California
Vehicle Code must consider the prevailing speeds on the roadway as determined by traffic
engineering measurements, accident history and highway, traffic and roadside conditions pursuant to
establishing a posted speed limit;
WHEREAS, staff conducted traffic counts and segment speed surveys citywide. Staff
performed the required fieldwork to collect the biannual vehicular traffic volumes at 37 locations;
and
WHEREAS, the City Traffic Engineer reviewed the roadway conditions and the studies
conducted and recommended speed limit posting; and
WHEREAS, the City Council, upon considering the City Traffic Engineer's findings,
amended said findings with reference to Valley Drive between Gould Avenue and 2nd Street, and
Ardmore Avenue between Pier Avenue and 8th Street, finding that a speed limit posted at 25 mph on
these street segments is justified by narrow streets, heavy pedestrian traffic, pedestrian and vehicular
activity associated with use of three City parks that take access off these street segments, a Farmer's
Market, and a school, and the fact that these street segments are designated as Safe Routes To
School.
9
05-1252 I
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH ORDAINS AS FOLLOWS:
SECTION 1. A new Chapter 10.40 is added to Title 10 of the Hermosa Beach Municipal
Code to read as follows:
Chapter 10.40
SPEED REGULATIONS
Sections:
10.40.010 Basic Speed Law
10.40.020 Prima Facie Speed Limits
10.40.030 Signs
10.40.010 Basic Speed Law
No person shall drive a vehicle upon a road at a speed greater than is
reasonable or prudent having due regard for weather, visibility, the traffic on the
road and road conditions, and in no event at a speed that endangers the safety of
persons or property.
10.40.020 Prima Facie Speed Limits
The prima facie speed that is most appropriate to facilitate the orderly
movement of traffic and is a speed limit that is reasonable and safe is set forth in the
chart below with reference to those streets or portions of streets so identified. No
person shall operate any vehicle on the streets or street segments identified below at
a speed in excess of the speed set forth below.
2
05-1252 1
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STREET
Ardmore Ave
Artesia Blvd.
Aviation Blvd.
Gould Ave.
Hermosa Ave.
Herondo St.
Longfellow Ave.
Manhattan Ave
Monterey Ave
Pacific Coast Hwy
SEGMENTS
North City Limit to Gould Ave.
Gould Ave. to 21 st St.
21 st St. to Pier Ave.
Pier Ave. to 8th St.
8th St. to 2nd St.
Pacific Coast Hwy. To East City Limit
Pacific Coast Hwy. To East City Limit
Ardmore Ave. to Manhattan Ave.
27th St. to 22nd St.
22nd St. to 16th St.
8th St. to Herondo St.
Valley Dr to Hermosa Ave.
Valley Dr to Hermosa Ave.
North City Limit to Longfellow Ave.
Longfellow Ave. to 27th St.
Pier Ave. to 1 st St.
19th St. to Pier Ave.
Pier Ave. to Herondo St.
Artesia Blvd. to 15th St.
15th St. to South City Limit
3
SPEED
LIMIT (MPH)
35
30
30
25
25
40
35
25
30
30
30
35
25
30
30
25
25
25
35
30
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Pier Ave.
Pacific Coast Hwy. to Ardmore Ave.
25
Ardmore Ave. to Monterey Blvd,
25
Monterey Blvd. to Hermosa Ave.
25
Prospect Ave.
Artesia Blvd. to 21 st St.
25
21 st St. to Aviation Blvd.
25
Aviation Blvd. to 6th ST
25
6th St. to South City Limit
25
Valley Dr.
North City Limit to Gould Ave.
30
Gould Ave. to 21 st St.
25
21 st St. to Pier Ave.
25
Pier Ave. to 8th St.
25
8th St. to Herondo St.
25
Second St.
Pacific Coast Hwy. to Valley Dr
25
Valley Dr to Hermosa Ave.
25
Eighth St.
East City Limit to Pacific Coast Hwy.
25
Pacific Coast Hwy. to Ardmore Ave.
25
Thirtieth St. Pacific Coast Hwy. to Ardmore Ave. 25
The prima facie speed that is most appropriate to facilitate the orderly movement
of traffic and is a speed limit that is reasonable and safe on all streets other than the
streets listed above is 25 mph. No person shall operate a motor vehicle on any street in
the City not listed in the chart above in excess of 25 mph.
10.40.030 Signs
The Public Works Director is authorized and directed to install appropriate signs
upon the streets in the City giving notice of the prima facie speed limit established in this
section.
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SECTION 2. Severability. If any section, subsection, sentence, clause, phase, or portion
of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the invalidity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have adopted this
Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses,
phrases or portions might subsequently be declared invalid or unconstitutional.
SECTION 3. Effective Date. This ordinance shall take effect thirty days after its
adoption. The City Clerk shall certify to the adoption of this ordinance and shall cause this
ordinance or a summary thereof to be published in the manner required by law.
SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance,
shall enter the same in the book of original ordinances of said city; shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
vote:
PASSED, APPROVED and ADOPTED this 9th day of August, 2005 by the following
AYES:
Edgerton, Keegan, Tucker, Yoon, Mayor Reviczky
NOES:
None
ABSENT-
None
ABSTAIN:
None
PRESIDENT of the
ATTEST-
� W15oll"MEW-420
City Clerk 4.11 In
of the City of Hermosa Beach, California
APPROVED AS MO FORM:
ty Attorney
5 05-1252 1
STATE OF CALIFORNIA
• COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
•
40
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 05-1252 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 9th of August 2005, and said
ordinance was published in the Easy Reader newspaper on August 18, 2005.
The vote was as follows:
AYES: Edgerton, Keegan, Tucker, Yoon, Mayor Reviczky
NOES: None
ABSENT: None
ABSTAIN: None
DATED: July 12, 2005
F.0 -A.-
City Clerkl-"'74.011
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
easyreader@easyreader. info
PROOF OF PUBLICATION
(2015.5C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
August 18
ALL IN THE YEAR 2005
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 18rh day of August 2005
evenly Morse, ri cipal erk
R
Proof of Publication of:
CITY OF HERMOSA BEACH
Ordinance - 05-1252 MPH Speed Limit
HD05-1252
City of Hermosa Beach
ORDINACE NO. 05-1252
F ° j AN ORDINANCE OF THE CITY
OF HERMOSA BEACH, CALIFORNIA,
ESTABLISHING CRYMDE POSTED
SPEED LIMITS
WHEREAS, as the City of Hermosa Beach uses radar in the enforcement of its posted speed limits;
WHEREAS as the State of California Vehicle Code states, in essence, that posted speed limits estab-
lished under local authority, and conforming to the applicable sections and subsections of the State of
California Vehicle Code may not be enforced through the use of radar or other electronic devices unless
the posted speed limit has been reevaluated and justified by an engineering and traffic survey within the
last five years;
WHEREAS as the traffic and engineering survey as defined by the State of California Vehicle Code
must consider the prevailing speeds on the roadway as determined by traffic engineering measure-
ments, accident history and highway, traffic and roadside conditions pursuant to establishing a posted
speed limit;
WHEREAS staff conducted traffic counts and segment speed surveys citywide. Staff performed the
required fieldwork to collect the biannual vehicular traffic volumes at 37 locations; and
WHEREAS the City Traffic Engineer reviewed the roadway conditions and the studies conducted and
recommended speed limit posting; and
WHEREAS the City Council, upon considering the City Trafficfngineer's findings, amended said find-
ings with reference to Valley Drive between Gould Avenue and 2nd Street, and Ardmore Avenue
between Pier Avenue and 8th Street, finding that a speed limit posted at 25 mph on these street seg-
ments is justified by narrow streets, heavy pedestrian traffic, pedestrian and vehicular activity associat-
ed with use of three City parks that take access off these street segments, a Farmer's Market, and a
school, and the fad that these street segments are designated as Safe Routes To School.
Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH ORDAINS AS
FOLLOWS:
SECTION 1. A new Chapter 10.40 is added to Tile 10 of the Hermosa Beach Municipal Code to read
as follows: I
Chapter 10.40
SPEED REGULATIONS
Sections:
10.40.010 Basic Speed Law
10.40.020 Prima Facie Speed Limits
10.40.030 Signs
10.40.010 Basic Speed Law
No person shall drive a vehicle upon a road at a speed greater than is reasonable
or prudent having due regard for weather, visibility, the traffic on the road and road Con-
ditions, and in no event at a speed that endangers the safety of persons or property.
10.40.020 Prima Facie Speed Limits
The prima facie speed that is most appropriate to facilitate the orderly movement of
traffic and is a speed limit that is reasonable and safe is set forth in the chart below with
reference to those streets or portions of streets so identified. No person shall operate
any vehicle on the streets or street segments identified below at a speed in excess of
the speed set forth below.
STREET SEGMENTS SPEED
LIMIT (MPH)
Ardmore Ave. North City Limit to Gould Ave. 35
Gould Ave. to 21 st St. 30
21 st St. to Pier Ave. 30
Pier Ave. to 8th St. 25
I
The prima facie speed that is most appropriate to facilitate the orderly movement of traffic
and is a speed limit that is reasonable and safe on all streets other than the streets listed
above is 25 mph. No person shall operate a motor vehicle on any street in the City not listed
in the chart above in excess of 25 mph.
10.40.030 Signs
The Public Works Director is authorized and directed to install appropriate signs upon the
streets in the City givingnotice of the prima facie speed limit established in this section.
SECTION 2 Severability. If any section, subsection, sentence, clause, phase, or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of com-
petent jurisdiction, such decision shall not affect the invalidity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have adopted this Ordinance, and each section, subsec-
tion, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more
sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be
declared invalid or unconstitutional.
SECTION 3. Effective Date. This ordinance shall take effect thirty days after its adoption. The City
Clerk shall certify to the adoption of this ordinance and shall cause this ordinance or a summary there-
of to be published in the manner required by law.
SECTION 13. The City Clerk shall certify to the passage and adoption of this ordinance, shall
enter the same in the book of original ordinances of said city; shall make minutes of the passage and
adoption thereof in the records of the proceedings of the City Council at which the same is passed
and adopted.
PASSED, APPROVED and ADOPTED this 9th day of August, 2005 by the following vote:
AYES: Edgerton, Keegan, Tucker, Yoon, Mayor Reviczky
NOES: None
ABSENT: None
ABSTAIN: None
J. R. Reviczky
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California
ATTEST: APPROVED AS TO FORM:
Elaine Doerfiing Michael Jenkins
City Clerk City Attorney
Easy Reader IrdRedondo Beach Hometown N!NWAugust 18, 2005[HD05-035
8th SL to 2nd St.
25
j
Artesia Blvd.
Pacific Coast Hwy. To East City Limit
40
Aviation Blvd.
Pacific Coast Hwy. To East City Limit
35
Gould Ave.
Ardmore Ave. to Manhattan Ave.
25
Hermosa Ave.
27th St. to 22nd St.
30
22nd St. to 16th St.
30
8th St. to Herondo St.
30
Herondo St
Valley -Dr. to Hermosa Ave.
35
Longfellow Ave.
Valley Dr. to Hermosa Ave.
25
Manhattan Ave.
North City Limit to Longfellow Ave.
30
Longfellow Ave. to 27th St.
30
Pier Ave. to 1 st St.
25
Monterey Ave.
19th St. to Pier Ave.
25
Pier Ave. to Herondo St.
25
Pacific Coast Hwy.
Artesia Blvd. to 15th St.
35
15th St. to South City Limit
30.
Pier Ave.
Pacific Coast Hwy. to Ardmore Ave.
25
Ardmore Ave. to Monterey Blvd.
25
Monterey Blvd. to Hermosa Ave.
25
Prospect Ave.
Artesia Blvd. to 21 st St.
25
21 st St. to Aviation Blvd.
25
Aviation Blvd. to 6th ST.
25
6th St. to South City Limit
25
Valley Dr.
North City Limit to Gould Ave.
30
Gould Ave. to 21 st St.
25
21 st St. to Pier Ave.
25
Pier Ave. to 8th St.
25
8th St. to Herondo St.
25
Second St.
Pacific Coast Hwy. to Valley Dr
25
Valley Dr. to Hermosa Ave.
25
Eighth St.
East City Limit to Pacific Coast Hwy.
25
•
Pacific Coast Hwy.'to Ardmore Ave.
25
Thirtieth St.
Pacific Coast Hwy. to Ardmore Ave.
25
I
The prima facie speed that is most appropriate to facilitate the orderly movement of traffic
and is a speed limit that is reasonable and safe on all streets other than the streets listed
above is 25 mph. No person shall operate a motor vehicle on any street in the City not listed
in the chart above in excess of 25 mph.
10.40.030 Signs
The Public Works Director is authorized and directed to install appropriate signs upon the
streets in the City givingnotice of the prima facie speed limit established in this section.
SECTION 2 Severability. If any section, subsection, sentence, clause, phase, or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of com-
petent jurisdiction, such decision shall not affect the invalidity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have adopted this Ordinance, and each section, subsec-
tion, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more
sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be
declared invalid or unconstitutional.
SECTION 3. Effective Date. This ordinance shall take effect thirty days after its adoption. The City
Clerk shall certify to the adoption of this ordinance and shall cause this ordinance or a summary there-
of to be published in the manner required by law.
SECTION 13. The City Clerk shall certify to the passage and adoption of this ordinance, shall
enter the same in the book of original ordinances of said city; shall make minutes of the passage and
adoption thereof in the records of the proceedings of the City Council at which the same is passed
and adopted.
PASSED, APPROVED and ADOPTED this 9th day of August, 2005 by the following vote:
AYES: Edgerton, Keegan, Tucker, Yoon, Mayor Reviczky
NOES: None
ABSENT: None
ABSTAIN: None
J. R. Reviczky
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California
ATTEST: APPROVED AS TO FORM:
Elaine Doerfiing Michael Jenkins
City Clerk City Attorney
Easy Reader IrdRedondo Beach Hometown N!NWAugust 18, 2005[HD05-035
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ORDINANCE NO. 05-1253
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, AMENDING THE
BUILDING CODE (CHAPTER 15.04) TO REQUIRE THE
EXECUTION OF A WAIVER FOR CONSTRUCTION BELOW
GRADE AND AMENDING THE HERMOSA BEACH
MUNICIPAL CODE
The City Council of the City of Hermosa Beach does hereby ordain as follows:
SECTION 1. Findings. The City Council hereby finds as follows: (1) Subterranean
construction increases the risk of flooding from storm water, ground water or sewage back-ups;
and, (2) Property owners and developers desire to build below grade in order to maximize
development of lots in the City, notwithstanding these risks. The purpose of this Ordinance is to
assure that property owners and developers who choose to build below grade acknowledge and
assume the risk of flooding attendant to such construction.
SECTION 2. The City Council held a duly -noticed public hearing on September 13, 2005
to consider the amendment to the California Building Code relative to adoption of this Ordinance
requiring assumption of risk for below grade construction at which the Council took testimony from
interested persons prior to deliberating and taking action.
SECTION 3. Chapter 15.04 of Title 15 of the Hermosa Beach Municipal Code is amended
by adding thereto a new Section 15.04.035 to read as follows:
15.04.035. Assumption of Risk for Below Grade Construction.
Notwithstanding the provisions of Section 15.04.010, Section 106.4.1 of the Building Code
is amended by adding thereto a new final paragraph to read as follows:
The building official shall require execution of a waiver before issuing a permit for
construction of buildings or structures of any occupancy any portion of which is below street grade.
SECTION 4. Chapter 15.04 of Title 15 of the Hermosa Beach Municipal Code is amended
by adding thereto a new Section 15.04.130 to read as follows:
15.04.130. Assumption of Risk for Below Grade Construction.
Notwithstanding the provisions of Section 15.04.010, Appendix Chapter 31, Division 1, of
the Building Code is amended by adding thereto a new Section 3107.6 to read as follows:
05-1253 1
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3107.6 Waiver Required for Below Grade Construction. The building official shall
require execution of a waiver before issuing a permit for construction of buildings or structures of
any occupancy any portion of which is below street grade and/or does not meet the elevation
requirements of Section 3107.2.
SECTION 5. Adoption of this Ordinance is not a project within the meaning of the
California Environmental Quality Act (CEQA) pursuant to Section 15378 of the State CEQA
Guidelines.
SECTION 6. This ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 7. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this ordinance to be published in the "Easy Reader", a weekly newspaper of
general circulation published and circulated in the City of Hermosa Beach, in the manner provided
by law,
SECTION 8. The City Clerk shall certify to the passage and adoption of this ordinance,
shall enter the same in the book of original ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED on 27th of September 2005 by the following vote:
AYES: Edgerton, Keegan, Tucker, Yoon, Mayor Reviczky
NOES: None
ABSENT- None
ABSTAIN: None
PRESIDENT oft itv Council
ATTEST•
YOR of the City of Hermosa Beach, California
AS TO FORM:
9, 28 11 City Clerk l/ v City Attorne
2
05-1253 1
STATE OF CALIFORNIA
• COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 05-1253 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 27th of September 2005, and said
ordinance was published in the Easy Reader newspaper on October 6, 2005.
The vote was as follows:
• AYES: Edgerton, Keegan, Tucker, Yoon, Mayor Reviczky
NOES: None
ABSENT- None
ABSTAIN: None
DATED: October 11, 2005
City Clerk
it
EASY READER, INC.
• REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
easyreader@easyreader.info
PROOF OF PUBLICATION
(2015.5C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989, The City Council of the City of
Hermosa Beach does hereby
Case Number SWC 108772, and that the notice, of which ordain as follows:
the annexed is a printed copy (set in type not smaller that SECTION 1. Findings. The
City Council hereby finds as fol -
nonpareil), has been published in each regular and entire lows: (1) Subterranean oon-
issue of said newspaper and not in any supplement thereof struction increases the risk of
flooding from storm water,
on the following dates, to -wit: ground water or sewage back-
ups; and, (2) Property owners
and developers desire to build
below grade in order to maxi-
mize development of lots In the
City, notwithstanding these
risks. The purpose of this
Ordinance is to assure that
property owners and develop-
ers who choose to build below
grade acknowledge and
assume the risk of flooding
attendant to such construction.
SECTION 2. The City
Council held a duly -noticed
public hearing on September
13, 2005 to consider the
amendment to the California
Building Code relative to adop-
tion of this Ordinance requiring
assumption of risk for below
grade construction at which the
Council took testimony from
interested persons prior to
deliberating and taking action.
SECTION 3. Chapter 15.04
of Title 15 of the Hermosa
Beach Municipal Code is
amended by adding thereto. a
new Section 15.04.035 to read
Proof of Publication of:
CITY OF HERMOSA BEACH
Ordinance — 05-1253
HC05-023
o r
City of
Hermosa Beach
ORDINANCE
NO. 05-1253
AN ORDINANCE OF THE
CITY COUNCIL OFTHE CITY
OF HERMOSA BEACH, CAL.
IFORNIA, AMENDING THE
BUILDING CODE (CHAPTER
15.04) TO REQUIRE THE
EXECUTION OF A WAIVER
FOR— . CONSTRUCTION
BELOW GRADE AND
AMENDING THE HERMOSA
BEACH MUN WAL CODE
October 6
ALL IN THE YEAR 2005
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 6`h day of October 2005
everly Mor Prin ipal I
er
41
as follows:
15.04.035. Assumption of
Risk for Below Grade
Construction.
Notwithstanding the provi-
sions of Section 15.04.010,
Section 106.4.1 of the Building
Code is amended by adding
thereto a new final paragraph
to read as follows:
The building official shall
require execution of a waiver
before issuing a permit for con-
struction of buildings or struc-
tures of any occupancy any
portion of which is below street
grade.
- SECTION 4. Chapter 15.04
of Title 15 of the Hermosa
Beach Municipal Code is
amended by adding thereto a
new Section 15.04.130 to read
as follows:
15.04.130. Assumption of
Risk for Below Grade
Construction.
Notwithstanding the provi-
sions of Section 15.04.010,
Appendix Chapter 31, Division
1, of the Building Code is
amended by adding thereto a
new Section 3107.6 to read as
follows:
3107.6 Waiver Required
for Below Grade
Construction. The building
official shall require execution
of a waiver before issuing a
permit for construction of build-
ings or structures of any occu-
pancy any portion of which is
below street grade and/or
does not meet the elevation
requirements of Section
3107.2.
SECTION 5. Adoption' of
this Ordinance is not a project
within the meaning of the
California Environmental
Quality Act (CEQA) pursuant
to Section 15378 of the State
CEOA Guidelines.
SECTION 6. This ordi-
nance shall become effective
and be in full force and effect
from and after thirty (30) days
of its final passage and adop-
tion.
SECTION 7. Prior to the
expiration of fifteen (15) days
after the date of its adoption,
the City Clerk shall cause this
Ordinance to be published in
the "Easy Reader", a weekly
newspaper of general circula-
tion published and circulated in
the City of Hermosa Beach, in
the manner provided by law.
SECTION 8. The City Clerk
shall certify to the passage
and adoption of this ordi-
nance, shall enter the same in
the book of original ordi-
nances of said city, and shall
make minutes of the passage
and adoption thereof in the
records of the proceedings of
the City Council at which the
same is passed and adopted.
PASSED, APPROVED and
ADOPTED on 27th of
September 2005 by the follow-
ing vote:
AYES: Edgerton, Keegan,
Tucker, Yoon,
Mayor Reviczky
NOES: None
ABSENT: None
ABSTAIN: None
J. R. Reviczky
PRESIDENT of the City
Council and MAYOR of the City
of Hermosa Beach, California
ATTEST:
_Elaine Doerffing
City Clerk
APPROVED AS TO FORM:
_Michael Jenkins
City Attorney
Easy ReaderInc/Redondo
Beach Hometown News/
October 6, 2005/HC05-023
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ORDINANCE NO. 05-1254
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
REPEALING CHAPTER 3.44 OF THE HERMOSA BEACH MUNICIPAL
CODE
WHEREAS, during 2005-06 budget deliberations, it was recommended that the
Parking Fund be combined with the General Fund since all excess funds transfer to the
General Fund at the end of the fiscal year; and
WHEREAS, Section 3.44.020 contains obsolete references to the Board of Parking
Place Commissioners and the Vehicle Parking District.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 3.44 of the Hermosa Beach Municipal Code is hereby
repealed.
SECTION 2. This ordinance shall become effective and be in full force and effect
from and after thirty (30) days of its final passage and adoption.
SECTION 3. Prior to the expiration of fifteen (15) days after the date of its adoption,
the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly
newspaper of general circulation published and circulated, in the City of Hermosa Beach in
the manner provided by law,
SECTION 4. The City Clerk shall certify to the passage and adoption of this
ordinance, shall enter the same in the book of original ordinances of said city, and shall make
1
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minutes of the passage and adoption thereof in the records of the proceedings of the City
Council at which the same is passed and adopted.
PASSED, APPROVED and ADOPTED on 27th of September 2005 by the following vote:
AYES: Edgerton, Keegan, Tucker, Yoon, Mayor Revicsky
NOES: None
ABSENT- None
ABSTAIN: None
PRESIDENT the City Coy
ATTEST -
City Clerk
MAYOR of the City of Hermosa Beach, California
2
05-1254
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 05-1254 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 27th of September 2005, and said
ordinance was published in the Easy Reader newspaper on October 6, 2005.
The vote was as follows:
• AYES: Edgerton, Keegan, Tucker, Yoon, Mayor Reviczky
NOES: None
ABSENT- None
ABSTAIN: None
DATED: October 11, 2005
City Clerk
0
C]
n
V
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
easyreader@easyreader. info
PROOF OF PUBLICATION
(2015.5C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
nrtnher 6
ALL IN THE YEAR 2005
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 6 1 day of October 2005
Beverly Mo Pr ncipal 1lerk
Proof of Publication of:
CITY OF HERMOSA BEACH
Ordinance — 05-1254 Repeal
HC05-024
SECTION 1. Chapter 3.44 of
City Clerk shall cause this ordi-
the Hermosa Beach Municipal
nance to be published in the
c`
Easy Reader, a weekly news-
,
o
paper of general circulation
e
+
published and circulated, in the
full force and effect from and
City of Hermosa Beach in the
after thirty (30) days of its final
manner provided by law.
City of
SECTION 4. The City Clerk
Hermosa Beach
shall certify to the passage
expiration of fifteen (15) days
and adoption of this ordi-
ORDINANCE
nance, shall enter the same in
the book of original ordi-
N0.05-1254
nances of said city, and shall
make minutes of the passage
AN ORDINANCE OF THE
and adoption thereof in the
CITY OF HERMOSA BEACH,
records of the proceedings of
CALIFORNIA, REPEALING
the City Council at which the
CHAPTER 3.44 OF THE HER-
same is passed and adopted.
MOSA BEACH MUNICIPAL
CODE
PASSED, APPROVED and
WHEREAS, during 2005-06
ADOPTED on 27th of
budget deliberations, it was rec-
September 2005 by the follow-
ommended that the Parking
ing vote:
Fund be combined with the
General Fund since all excess
funds transfer to the General
AYES: Edgerton,
Fund at the end of the fiscal
Keegan,
year; and
Tucker, Yoon,
Mayor Reviczky
WHEREAS, Section
NOES: None
3.44.020 contains obsolete ref-
ABSENT: None
erences to the Board of Parking
ABSTAIN: None
Place Commissioners and the
Vehicle Parking District.
J. R. Reviczky
NOW, THEREFORE THE
PRESIDENT of the City
CITY COUNCIL OF THE CITY
Council and MAYOR of the City
OF HERMOSA BEACH, DOES
of Hermosa Beach, California
ORDAIN AS FOLLOWS:
I
SECTION 1. Chapter 3.44 of
ATTEST:
the Hermosa Beach Municipal
. Elaine
Code is hereby repealed.
Doerfling
City Clerk
,SECTION 2. This ordinance
shall become effective and be in
APPROVED AS TO FORM:
full force and effect from and
Michael
after thirty (30) days of its final
Jenkins
passage and adoption.
City Attorney
SECTION 3. Prior to the
Easy Reader Inc/Redondo
expiration of fifteen (15) days
Beach Hometown News/
after the date of its adoption, the
October 6, 2005MC05-024
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ORDINANCE NO. 05-1255
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING THE HERMOSA BEACH MUNICIPAL CODE BY ADDING
SECTIONS 17.50.080.A.6 AND 17.50.080.A.7 REGARDING PROHIBITED
SIGNS
The City Council of the City of Hermosa Beach, California, does hereby ordain as follows:
SECTION 1. Title 17, Chapter 17.50 of the Hermosa Beach Municipal Code is hereby
amended by adding thereto new subsections 6 and 7 to Section 17.50.080.A. to read as follows:
"6. Lewd, obscene or offensive signs containing statements, words, pictures or graphic
representations of an obscene or indecent character that are offensive to the public morals and do
not have serious literary, artistic, or scientific value.
7 Signs that display a message or graphic representation that discriminates against
persons based on race, gender, age, national origin, or any other characteristic protected by federal
or State laws."
SECTION 2. If any section, subsection, sentence, clause, portion, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any
competent jurisdiction, such decision will not affect the validity of the remaining sections,
subsections, sentences, clauses, portions, or phrases of this Ordinance. The City Council declares
that it would have passed this Ordinance and each and every section, subsection, sentence, clause,
portion, or phrase without regard to whether any other section, subsection, sentence, clause,
portion, or phrase of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 3. This ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 4. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law,
05-1255
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SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance,
shall enter the same in the book of original ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this I Ith of October 2005 by the following vote:
AYES: Edgerton, Keegan, Yoon, Tucker, Mayor Reviczky
NOES: None
ABSENT- None
ABSTAIN: None
PRESIDENT of th , 1ty Council a YOR of the City of Hermosa Beach, California
ATTEST- APPROVED M TO FORM:
City Cierk t'll v City Attorney
N
05-1255
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 05-1255 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 11th of October 2005, and said
ordinance was published in the Easy Reader newspaper on October 20, 2005.
The vote was as follows:
• AYES: Edgerton, Keegan, Tucker, Yoon, Mayor Reviczky
NOES: None
ABSENT- None
ABSTAIN: None
DATED: October 25, 2005
City Cler
9
•
0
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
easyreader@easyreader. info
PROOF OF PUBLICATION
(2015.5C:C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
1 am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter.
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the -annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
October 20
ALL IN THE YEAR 2005
certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 20"' day of October 2005
Beverly Morse, rin ipal CIF
Proof of Publication of:
CITY OF HERMOSA BEACH
Bid —Ordinance 05-1255
HC05-026
xx.
o r
City of
Hermosa Beach
ORDINANCE
NO. 05-1255
AN ORDINANCE OF THE
CITY OF HERMOSA BEACH,
CALIFORNIA, AMENDING
THE HERMOSA BEACH
MUNICIPAL CODE BY
ADDING SECTIONS
17.50.080.A.6 AND
17.50.080.A.7 REGARDING
PROHIBITED SIGNS
The City Council of the City
of Hermosa Beach, California,
does hereby ordain as follows:
SECTION I. Title
17, Chapter 17.50 of the
Hermosa Beach Municipal
Code is hereby amended by
adding thereto new subsec-
tions 6 and 7 to Section
17.50.080.A. to read as follows:
"6. Lewd, obscene or offen-
sive signs containing state-
ments, words, pictures or
graphic representations of an
obscene or indecent character
that are offensive to the public
morals and do not have seri-
ous literary, artistic, or scientific
value.
7. Signs that display a'mes-
sage or graphic representation
that discriminates against per-
sons based on race, gender,
age, national origin, or any
other characteristic protected
by federal or State laws"
SECTION 2. If any
section, subsection, sentence,
clause, portion, or phrase of
this Ordinance is for any rea-
son hell to be invalid or uncon-
stitutional by a decision of any
court of any competent luris-
diction, such decision will not
affect the validity of the remain-
ing sections, subsections, sen-
tences, clauses, portions, or
phrases of this Ordinance. The
City Council declares that it
would have passed this
Ordinance and each and every
section, subsection, sentence,
clause, portion, or phrase with-
out regard to whether any
other section, subsection, sen-
tence, clause, portion, or
phrase of the Ordinance would
be subsequently declared
invalid or unconstitutional.
SECTION 3. This ordinance
shall become effective and be
in full force and effect from and
after thirty (30) days of its final
passage and adoption.
SECTION 4 Prior to the
expiration of fifteen (15) days
after the date of its adoption,
the City Clerk shall cause this
ordinance to be published in
the Easy Reader, a weekly
newspaper of general circula-
tion published and circulated,
in the City of Hermosa Beach
in the manner provided by"law.
SECTION 5. The City Clerk
shall certify to the passage and
adoption of this ordinance,
shall enter the same in the
book of original ordinances of
said city, and shall make min-
utes of the passage and adop-
tion thereof in the records of
the proceedings of the City
Councilat which the same is
passed and adopted.
PASSED, APPROVED and
ADOPTED this 11th of
October 2005 by the following
vote:
AYES: Edgerton, Keegan,
Tucker, Yoon,
Mayor Reviczky
NOES: None
ABSENT: None
ABSTAIN: None
J. R. Reviczky
PRESIDENT of the City
Council and MAYOR of the
City of Hermosa Beach,
California
ATTEST: -
Elaine Doerfling
City Clerk
APPROVED AS TO FORM:
_ Michael Jenkins
City Attorney
Easy Reader IncJRedondo
Beach Hometown News/
October 20, 2005/HC05-026
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0 28
ORDINANCE NO. 05-1256
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING CHAPTER 15.32 OF THE HERMOSA BEACH MUNICIPAL
CODE ADOPTING, BY REFERENCE, THE "CALIFORNIA ELECTRICAL
CODE," 2004 EDITION AND THE APPENDICES THERETO, TOGETHER
WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND
EXCEPTIONS INCLUDING FEES AND PENALTIES.
The City Council of the City of Hermosa Beach does hereby find, determine and ordain as follows:
SECTION 1.
(A) Section 17922 of the California Health & Safety Code mandates the adoption, by
reference, of the uniform code.
(B) At least one copy of the code identified in this Ordinance and certified as full, true
and correct copy thereof by the City Clerk of the City of Hermosa Beach have been filed in the
office of the City Clerk of the City of Hermosa Beach in accordance with the provisions of
California Government Code § 50022.6
(C) All legal prerequisites to the adoption of this Ordinance have occurred.
SECTION 2. Section 15.32.010 of Title 15, Chapter 15.32 of the Hermosa Beach City
Code is amended to read as follows:
1115.32.010 California Electrical Code — Adopted.
Except as hereinafter provided, the 2004 Edition of the California Electrical Code (Part 3
of Title 24 of the California Code of Regulations), including appendices thereto, which
incorporates the National Electrical Code, 2004 Edition, published by the National Fire Protection
Association, is hereby adopted by reference with the same force and effect as though set forth
herein in full and shall constitute the Electrical Code of the City. A copy of such Code has been
deposited in the office of the City Clerk and shall be, at all times, maintained by the Clerk for use
and examination by the public."
Whenever the term "building official' appears in said code, it shall mean and refer to the
Director of Community Development of the City of Hermosa Beach.
SECTION 3. Chapter 15.32 of Title 15 of the Hermosa Beach City Code is amended by
adding thereto a new Section 15.32.130 to read as follows:
1
05-1256 I
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"15.32.130 Temporary Power Pole Required on Construction Sites.
All construction sites for which temporary power must be supplied because there is no
electrical service shall provide a temporary power pole prior to issuance of a building permit. Said
power pole shall remain installed until the project has received final approval and electrical service
has commenced. Generators are prohibited as a substitute for a temporary power pole."
SECTION 4. Adoption of this Ordinance is not a project within the meaning of the
California Environmental Quality Act (CEQA) pursuant to Section 15378 of the State CEQA
Guidelines.
SECTION 5. This Ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 6. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law,
SECTION 7. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 8th of November 2005 by the following vote:
AYES: Edgerton, Keegan, Reviczky, Yoon, Mayor Tucker
NOES: None
ABSENT- None
ABSTAIN: None
/ Lei
PRESIDENT of the City Council
ATTEST -
YOR of the City of Hermosa Beach, California
APPROVED AS
• - - -- / -A orney
City Clerk
2
FORM;
05-1256
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 05-1256 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 8th of November 2005, and said
ordinance was published in the Easy Reader newspaper on November 17, 2005.
The vote was as follows:
• AYES: Edgerton, Keegan, Reviczky, Yoon, Mayor Tucker
NOES: None
ABSENT- None
ABSTAIN: None
DATED: November 22, 2005
City Clerk
•
•
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
easyreader@easyreader.info
PROOF OF PUBLICATION
(2015.5C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
November 17
ALL IN THE YEAR 2005
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 17`h day of November 2005
Beverly Mor ,P` icipClerk
Proof of Publication of -
CITY OF HERMOSA BEACH
Ordinance 05-1256 CA Electric Code
HC05-029
r,..Mo.
Fo �8 i
City of
Hermosa Beach
ORDINANCE
NO. 05-1256
AN ORDINANCE OF THE
CITY OF HERMOSA
BEACH, CALIFORNIA,
AMENDING CHAPTER
15.32 OF THE HERMOSA
BEACH MUNICIPAL CODE
ADOPTING, BY REFER-
ENCE, THE "CALIFORNIA
ELECTRICAL CODE," 2004
EDITION AND THE APPEN-
DICESTHERETO,TOGETH-
ER WITH CERTAIN
AMENDMENTS, ADDI-
TIONS, DELETIONS AND
EXCEPTIONS INCLUDING
FEES AND PENALTIES.
The City Council of the City of
Hermosa Beach does hereby
find, determine and ordain as
follows:
SECTION 1.
(A) Section 17922 of the
California Health & Safety
Code mandates the adoption,
by reference, of the uniform
code.
(B) At least one copy of the
code identified in this
Ordinance and certified as full,
true and correct copy thereof
by the City Clerk of the City of
Hermosa Beach have been
filed in the office of the City
Clerk of the City of Hermosa
Beach in accordance with the
provisions of California
Government Code § 50022.6
(C) All legal prerequisites to
the adoption of this Ordinance
have occurred.
SECTION 2. Section
15.32.010 of Title 15, Chapter
15.32 of the Hermosa Beach
City Code is amended to read
as follows:
"15.32.010 California
Electrical Code — Adopted.
Except as hereinafter pro-
vided, the 2004 Edition of the
California Electrical Code (Part
3 of Title 24 of the California
Code of Regulations), includ-
ing appendices thereto, which
incorporates the National
Electrical Code, 2004 Edition,
published by the National Fire
Protection Association, is here-
by adopted by reference with
the same force and effect as
though set forth herein in full
and shall constitute the
Electrical Code of the City. A
copy of such Code has been
deposited in the office of the
City Clerk and shall be, at all
times, maintained by the Clerk
for use and examination by the
public."
Whenever the term "building
official" appears in said code, it
shall mean and refer to the
Director of Community
Development of the City of
Hermosa Beach.
SECTION 3. Chapter 15.32
of Title 15 of the Hermosa
Beach City Code is amended
by adding thereto a new
Section 15.32.130 to read as
follows:
"15.32.130 Temporary
Power Pole Required on
Construction Sites.
All construction sites for
which temporary power must
be supplied because there is
no electrical service shall pro-.
vide a temporary power pole
prior issuance of a building per-
mit. Said power .pole shall
remain installed until the pro-
ject has received final approval
and electrical service has com-
menced. Generators are pro-
hibited as a substitute for a
temporary power pole"
SECTION 4. Adoption of
this Ordinance is not a project
within the meaning of the
California Environmental
Quality Act (CEQA) pursuant
to Section 15378 of the State
CEQA Guidelines.
SECTION 5. This ordinance
shall become effective and be
in full force and effect from and
after thirty (30) days of its final
passage and adoption.
SECTION 6. Prior to the
expiration of fifteen (15) days
after the date of its adoption,
the City Clerk shall cause this
ordinance to be published in
the Easy Reader, a weekly
newspaper of general circula-
tion published and circulated,
in the City of Hermosa Beach
in the manner provided by law.
SECTION 7. The City Clerk
shall certify to the passage and
adoption of this ordinance,
shall enter the same in the
book of original ordinances of
said city, and shall make min-
utes of the passage and adop-
tion thereof in the records of
the proceedings of the City
Council at which the same is
passed and adopted.
PASSED, APPROVED and
ADOPTED this 8th of
November 2005 by the follow-
ing vote:
AYES: Edgerton, Keegan,
Reviczky, Yoon,
Mayor Tucker
NOES: None
ABSENT: None
ABSTAIN: None
Peter C. Tucker
PRESIDENT of the City
Council and MAYOR of the
City of Hermosa Beach,
California
ATTEST:
Elaine Doerfling
City Clerk
APPROVED AS TO FORM:
_Michael Jenkins
City Attorney
Easy Reader Inc/Redondo
Beach Hometown News/
November 17, 2005/
HC05-029
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ORDINANCE NO. 05-1257
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING THE ZONING ORDINANCE PERTAINING TO
EXPANDING AND REMODELING NONCONFORMING BUILDINGS
AND USES (CHAPTER 17.52) AND BUILDINGS THAT ARE
NONCONFORMING TO PARKING REQUIREMENTS AND AMENDING
THE HERMOSA BEACH MUNICIPAL CODE
The City Council of the City of Hermosa Beach, California, does hereby ordain as follows:
SECTION 1. The Planning Commission held duly noticed public hearings on January 18,
June 21, and July 19, 2005, and recommended amending the Zoning Ordinance to modify certain
provisions of Chapter 17.52 and the related Section 17.44.140 with respect to the limits on expansion
and remodeling for nonconforming buildings and uses, and pertaining to buildings nonconforming to
parking requirements.
SECTION 2. The City Council held a duly noticed public hearing on October 11, October
25, and November 22, 2005, to consider the Planning Commission recommendation to amend the
Zoning Ordinance, Chapter 17.52, regarding nonconforming buildings and uses, and the related
Section 17.44.040 pertaining to buildings nonconforming to parking requirements.
SECTION 3. The subject text amendment is exempt from -the requirements of the
California Environmental Quality Act (CEQA), pursuant to the general rule set forth in Section
15061(3) of the CEQA Guidelines, as there is no possibility that the proposed modifications to the
text may have a significant effect on the environment.
SECTION 4. The City Council finds that the amendments to the Zoning Ordinance
contained herein are consistent with the Hermosa Beach General Plan in that the proposed
amendments modify and clarify the provisions that pertain to the allowed remodeling and expansions
to existing nonconforming uses and buildings, which will continue to encourage the maintenance and
improvement of the existing housing stock, and conservation of the existing character of
neighborhoods, consistent policies of the Housing Element and the objectives of the Land Use
Element.
SECTION 5. Section 17.52.010 of Title 17, Chapter 17.52 of the Hermosa Beach
Municipal Code is amended to read as follows:
05-1257
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1117.52.010 General Goals
The goals of the City related to the nonconformity that exists throughout the City as a
result of zone changes and ordinance amendments are as follows:
A. To allow buildings, whether they are occupied by a nonconforming use or
nonconforming to zoning standards, to remain and be maintained, and to allow limited alteration
and expansion of said buildings when certain criteria are met and to encourage such alteration and
expansions to incorporate architectural consistency within the project;
B. To encourage restoration and maintenance of existing residential buildings;
C. To limit expansion of nonconforming buildings and uses that are deficient as to
parking, or significantly exceed residential density requirements."
SECTION 6. Section 17.52.020 of Title 17, Chapter 17.52 of the Hermosa Beach
Municipal Code is amended by amending the final paragraph thereof to read as follows:
"Routine maintenance and repairs, repairs and/or replacement to plumbing, electrical
wiring and similar work, shall not be considered structural alterations within the meaning of this
Chapter, and may be performed on nonconforming structures and buildings containing
nonconforming uses."
SECTION 7. Section 17.52.030 of Title 17, Chapter 17.52 of the Hermosa Beach
Municipal Code is amended to read as follows:
"17.52.030 Expansion, remodeling and alteration.
Buildings containing nonconforming uses, and nonconforming buildings are subject to the
following standards:
A. Buildings Containing Nonconforming Uses.
1, Structural removal allowed:
a. Portions of the structure that currently conform to the provisions of
this Title may be removed and replaced, as long as the foundation
and floor systems remain intact.
b. Any existing nonconforming portions of the structure (e.g. a wall
nonconforming to a yard requirement, or a roof non -conforming to
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height requirements) may be partially modified or altered only to the
extent necessary to satisfy the Uniform Building Code as
recommended by a certified structural engineer but shall not be
completely removed and replaced, and if completely removed must
be brought into compliance with current requirements.
2. Expansion allowed:
a. Maximum of fifty (50) percent expansion in floor area of the existing
building(s) on the building site that existed prior to October 26,
1989, provided that for residential uses the expansion does not result
in greater than 3,000 square feet of floor area for each dwelling unit
but in no event exceeds 5,000 square feet of total floor area for the
building site. The percentage increase in floor area shall be
calculated by comparing the existing floor area (excluding any
expansion that occurred after October 26, 1989), against the
proposed increased floor area excluding garages, accessory
structures, basements that are completely below grade, and balconies
or decks.
b. Expansion not permitted if residential density exceeds forty-five (45)
units per acre.
C. For buildings nonconforming to current parking requirements of
Chapter 17.44 pertaining to off-street parking, refer to Section
17.52.035.
B. Nonconforming Buildings.
1, Structural removal allowed:
a. Portions of the structure that currently conform to the provisions of
this Title may be removed and replaced, as long as the foundation
and floor system remain intact.
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b.
Any existing nonconforming portions of the structure (e.g. a wa
nonconforming to a yard requirement, or a roof non -conforming t
height requirements) may be partially modified or altered only to th
extent necessary to satisfy the Uniform Building Code o
recommended by a certified structural engineer but shall not b
completely removed and replaced, and if completely removed mu:
be brought into compliance with current requirements.
2. Expansion allowed:
a.
Maximum of one hundred (100) percent expansion in floor area c
the existing building(s) on the building site that existed prior t
October 26, 1989, provided that for residential uses the expansio
does not result in greater than 3,000 square feet of floor area for eac
dwelling unit but in no event exceeds 5,000 square feet of total floc
area for the building site. The percentage increase in floor area sha
be calculated by comparing the existing floor area (excluding an
expansion that occurred after October 26, 1989), against th
proposed increased floor area excluding garages, accessor
structures, basements that are completely below grade, and balconie
or decks.
b.
Expansion shall conform to current codes.
C.
For buildings nonconforming to current parking requirements c
Chapter 17.44 pertaining to off-street parking, refer to Sectio
17.52.035.
d.
Existing nonconforming stairways: Existing nonconformin
stairways that encroach into required yard areas and that provic
legally required access to legal dwelling units, may be full
reconstructed if beyond repair, provided no other reasonable locatic
is available that does not require major reconfiguration or alteratic
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of the structure. Said stairways, if reconstructed or replaced to allow
continued access to the dwelling unit, shall be constructed in
conformance with Chapter 34 of the Uniform Building Code; shall
be constructed of non-combustible materials; shall conform to
handrail, guardrail, tread depth, and riser requirements; and, shall not
contain storage areas below. No replacement of said stairways shall
be allowed in conjunction with an expansion and/or remodel project
that exceeds a 100% increase in floor area."
SECTION 8. Title 17, Chapter 17.52 of the Hermosa Beach Municipal Code is amended
by adding thereto a new Section 17.52.035 to read as follows:
1117.52.035 Requirements for buildings nonconforming to parking requirements
A. The following limitations on expansion apply to residential buildings on building
sites containing two dwelling units or less that are nonconforming as to the number of parking
spaces required on the building site, including guest parking spaces, based on the number of
parking spaces available that meet all the requirements of Chapter 17.44, or that meet the
exceptions of sub -section B. In the event of conflict between the limitation contained in this
section and Section 17.52.030, the more restrictive shall apply.
1. Building site provides less than one parking space per unit: A maximum
expansion of one hundred (100) square feet of floor area may be
constructed; provided, however, that up to five hundred (500) square feet
may be added if one or more parking spaces are added to the building site,
even if the resulting total is less than one parking space per unit.
2. Building site provides one or more but less than two parking spaces per
unit: A maximum expansion of five hundred (500) square feet may be
constructed.
3. Building site provides two or more parking spaces per unit but provides
insufficient guest parking: An expansion as allowed by Section 17.52.030
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B. Exception: Existing parking spaces that do not comply with the 20 -foot minimum
length requirement, turning radius requirements, the minimum 9 -foot driveway width requirement,
the alley or street setback requirement, and/or the driveway slope requirement, which provide at
least the following for each standard, shall be deemed conforming to these requirements and shall
be considered complying parking spaces for existing residential buildings:
• Length: Minimum 17 feet 6 inches (inside measurement)
• Turning Radius: Minimum 20 feet (measured from far side of alley or street)
• Driveway Width: Minimum 8 feet
• Driveway Slope: Maximum 15%
• Alley or Street Setback: As necessary to provide a 20 -foot turning radius
Residential buildings that have the minimum required parking spaces meeting at least the
criteria contained in this exception and have no other nonconforming conditions shall be
considered conforming buildings and are not subject to the expansion limitations of this chapter.
C. Building sites containing three or more dwelling units shall not be expanded in
floor area unless the site provides two parking spaces per unit plus one guest space for every two
units.
D. Nonresidential buildings in a C or M zone nonconforming as to parking may be
expanded only if applicable parking requirements for the amount of the expansion area are
satisfied.
E. When the use of an existing commercial, manufacturing or other non-residential
building or structure is changed to a more intense use with a higher parking requirement the
requirement for additional parking shall be calculated as the difference between the required
parking as stated in Section 17.44.030 for that particular use as compared to the requirement for
the existing or previous use, which shall be met prior to occupying the building unless otherwise
specified in Chapter 17.44."
SECTION 9. Section 17.44.140 of Title 17, Chapter 17.44 of the Hermosa Beach
Municipal Code is amended to read as follows:
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1117.44.140 Requirements for new construction.
Parking spaces shall be provided, permanently maintained and available for every building
hereafter erected in compliance with this Chapter 17.44."
SECTION 10. This Ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 11. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
SECTION 12. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said City, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 13th of December 2005 by the following vote:
AYES: Edgerton, Keegan, Reviczky, Mayor Tucker
NOES: None
ABSENT- None
ABSTAIN: None
PRESIDENT of the City Council a l d MAYOR of the City of Hermosa Beach, California
ATTEST -
City Clerk
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APPROVED AS TO FORM:
City Attorney
7 05-1257
• STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
•
0
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 05-1257 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 13th of December 2005, and said
ordinance was published in the Easy Reader newspaper on December 22, 2005.
The vote was as follows:
AYES: Edgerton, Keegan, Reviczky, Mayor Tucker
NOES: None
ABSENT- None
ABSTAIN: None
DATED: January 10, 2006
City Cler
6
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611-- Fax: 310 318-6292
beverly@easyreader. info
PROOF OF PUBLICATION
(2015.5C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER, a newspaper of general
circulation, printed and published WEEKLY in the City
of HERMOSA BEACH, County of Los Angeles, and
which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of
Los Angeles, State of California, under the date of
• October 24, 1972, Case Number SWC 22940, that the
notice, of which the annexed is a printed copy (set in type
not smaller that nonpareil), has been published in each
regular and entire issue of said newspaper and not in any
supplement thereof on the following dates, to wit:
December 22
ALL IN THE YEAR 2005
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 22nd day of December, 2005
Beverly M e, cipal ler
Proof of Publication of:
CITY OF HERMOSA BEACH
Ord 05-1257
HC05-033
r�,.Moa
o �s
■
City of
Hermosa Beach
i
ORDINANCE NO. 05-1257
AN ORDINANCE OF THE
CITY OF HERMOSA BEACH,
CALIFORNIA, AMENDING
THE ZONING ORDINANCE
PERTAINING TO EXPAND-
ING AND REMODELING
NONCONFORMING BUILD-
INGS AND USES (CHAPTER
17.52) AND BUILDINGS
THAT ARE NONCONFORM-
ma r� rr�nsuna ncwmc-
MENTS AND AMENDING
THE HERMOSA BEACH
MUNICIPAL CODE
The City Council of the City of
Hermosa Beach, California,
does hereby ordain as follows:
SECTION 1. The Planning
Commission held duly noticed
public hearings on January 18,
June 21, and July 19, 2005,
and recommended amending
the Zoning Ordnance to modi-
ty certain provisions of Chapter
17.on
52 and the related Section
17.44.140 with respect to the
limits on expansion and remod-
eling for nonconforming build-
ings and uses, and pertaining
to buildings nonconforming to
parking requirements.
SECTION 2. The City
Council held a duty noticed
public hearing on October 11,
October 25, and November 22,
2005, to consider the Planning
Commission recommendation
to amend the Zoning
Ordinance, Chapter 17.52,
11 regarding nonconforming build-
ings and uses, and the related
Section 17.44.040 pertaining to
buildings nonconforming to
parking requirements.
SECTION 3. The subject
text amendment is exempt from
the requirements of the
California Environmental
Quality Act (CEGIA), pursuant to
the general rule set forth in
Section 15061(3) of the CEQA
Guidelines, as there is no possi-
bility that the proposed modifk
cations to the text may have a
significant effect on the environ-
ment.
SECTION 4. The City
Council finds that the amend-
ments to the Zoning Ordinance
contained herein are consistent
with the Hermosa Beach
General Plan in that the pro-
posed amendments modify
and clarify the provisions that
pertain to the allowed remodel-
ing and expansions to existing
nonconforming uses and build-
ings, which will continue to
encourage the maintenance
and improvement of the exist-
ing housing stock, and conser-
vation of the existing character
of neighborhoods, consistent
policies of the Housing
Element and the objectives of
the Land Use Element.
SECTION 5. Section
17.52.010 of Title 17, Chapter
17.52 of the Hermosa Beach
Municipal Code is amended to
read as follows:
"17.52.010 General Goals
The goals of the city related
to the nonconformity that exists
throughout the city as a result
of zone changes and ordi-
nance amendments are as fol-
lows:
A. To allow buildings,
whether they are occu-
pied by a nonconforming
use or nonconforming to
zoning standards, to
remain and be main-
tained, and to allow limit-
ed alteration and expan-
sion of said buildings
when certain criteria are
met and to encourage
such alteration and
expansions to incorpo-
rate architectural consis-
tency within the project;
B. To encourage restoration
and maintenance of
existing residential build-
ings;
C. To limit expansion of non-
conforming buildings and
uses that are deficient as
to parking, or significantly
exceed residential densi-
ty requirements"
SECTION 6. Section
17.52.020 of Title 17, Chapter
17.52 of the Hermosa Beach
Municipal Code is amended by
amending the final paragraph
thereof to read as follows:
"Routine maintenance and
repairs, repairs and/or replace-
ment to plumbing, electrical
wiring and similar work, shall
not be considered structural
alterations within the meaning
of this Chapter, and may be
performed on nonconforming
structures and buildings con -
SECTION 7. - Section
17.52.030 of Title 17, Chapter
17.52 of the Hermosa Beach
Municipal Code is amended to
read as follows:
"17.52.030 Expansion,
remodeling and alteration.
Buildings containing noncon-
forming uses, and nonoonfomr
ing buildings are subject to the
io" standards:
A. Buildings Containing
Nornconiorming Uses.
1. Structural removal
allowed:
a. Portions of the
structure that cur-
rently conform to
the provisions of
this Title may be
removed and
replaced, as Iong
as the foundation
and floor systems
remain intact.
b. Any existing non-
conforming por-
tions of the struc-
ture (e.g. a wall
nonconforming to a
yard requirement,
or a roof noncon-
forming to height
requirements) may
be partially modi-
fied or altered only
to the extent nec-
essary to satisfy
the Uniform
Building Code as
recommended by
a certified structur-
al engineer but
shall not be com-
pletely removed
and replaced, and
if completely
removed must be
brought into com-
pliance with current
requirements.
2. Expansion allowed:
a. Maximum of fifty
(50) percent
expansion in floor
area of the existing
building(s) on the
building site that
existed prior to
October 26, 1989,
provided that for
residential uses the
expansion does
not result in greater
than 3,000 square
feet of floor area for
each dwelling unit
but in no event
exceeds 5,000
square feet of total
floor area for the
building site. The
percentage
increase in floor
area shall be calcu-
lated by comparing
the existing floor
area (excluding
any expansion that
occurred after
October 26, 1989),
against the pro-
posed increased
floor area exclud-
ing garages,
accessory struc-
tures, basements
that are completely
below grade, and
balconies or decks.
b.
Expansion not per-
mitted 9 residential
density exceeds
forty-five (45) units
per acre.
C. F o r
buildings noncon-
forming to current
parking require-
ments of Chapter
17.44 pertaining to
off-street parking,
refer to Section
17.52.035.
B. Nonconforming Buildings,
1. Structural removal
allowed:
a. Portions of the
structure that cur-
rently conform to
the' provisions of
this Title may be
removed and
replaced, as long
as the foundation
and floor system
remain intact.
conforming por-
tions of the stnuo-
ture (e.g. a wall
nonconforming to
a yard require-
ment, or a roof
non -conforming to
height require-
ments) may be
partially modified
or altered only to
the extent neoes-
sary to satisfy the
Uniform Building
Code as recom-
mended by a certi-
fied structural engi-
neer but shall not
be completely
removed and
replaced, and if
completely
removed must be
brought into com-
pliance with cur-
rent requirements.
2. Expansion allowed:
a. Maximum of one
hundred (100) per-
cent expansion in
floor area of the
existing building(s)
on the building site
that existed prior to
October 26, 1989,
provided that for
residential uses
the expansion
does not result in
greater than 3,000
square feet of floor
area for each
dwelling unit but in'
no event exceeds
5,000 square feet
of total floor area
for the building site.
The percentage
increase in floor
area shall be cal-
culated by compar-
ing the existing
floor area (exclud-
ing any expansion
that occurred after
October 26, 1989),
against the pro-
posed increased
floor area exclud-
ing garages,
accessory struc-
tures, basements
that are completely
below grade, and
balconies or decks.
b. Expansion shall
conform to current
codes.
c. For buildings non-
conforming to cur-
rent parking
requirements of
Chapter 17.44 per-
taining to off-street
parking, refer to
Section 17.52.035.
d. Existing noncon-
forming stairways:
Existing noncon-
forming stairways
that encroach into
required yard
areas and that pro-
vide legally
required access to
legal dwelling
units, may be fully
reconstructed if
beyond repair, pro-
vided no other rea-
sonable location is
available that does
not require major
reconfiguration or
alteration of the
structure. Said
stairways, if recon-
structed or
replaced to allow
continued access
to the dwelling unit,
shall be construct-
ed in conformance
with Chapter 34 of
the Uniform
Building Code;
shall be construct-
ed of non-com-
bustible materials;
shall conform to
handrail, guardrail,
tread depth, and
riser requirements;
and, shall not con-
tain storage areas
below. No replace-
ment of said stair-
ways shall be
allowed in conjunc-
onNai r
sion and/or remod-
el project that
exceeds a 1000/6
increase in floor
area"
SECTION 8. Title 17,
Chapter 17.52 of the Hermosa
Beach Municipal Code is
amended by adding thereto a
new Section 17.52.035 to read
as blows:
1752.035 Requirements for
buildings nor 111 ming to
parking requirements
A. The following limitations
on expansion appy to res-
idential buildings on build-
ing sites containing two
dwelling units or less that
are nonconforming as to
the number of parking
spaces required on the
building site, including
guest parking spaces,
based on the number of
parking spaces available
that meet all the require-
ments of Chapter 17.44, or
that meet the exceptions of
sub -section B. In the event
of conflict between the lim-
itation contained in this
section and Section
17.52.030, the more
restrictive shall apply.
1. Building site provides
less than one parking
space per unit: A max-
imum expansion of
one hundred (100)
square feet of floor
area may be con-
structed; provided,
however, that up to five
hundred (500) square
feet may be added if
one or more parking
spaces are added to
the building site, even
if the resulting total is
less than one parking
space per unit.
2. Building site provides
one or more but less
than two parking
spaces per unit: A
maximum expansion
of five hundred (500)
square feet may be
constructed.
3. Building site provides
two or more parking
spaces per unit but
provides insufficient
guest parking: An
expansion as allowed
by Section 17.52.030
B. Exception: Existing park-
ing spaces that do not
comply with the 20 -foot
minimum length require-
ment, turning radius
requirements, the mini-
mum 9 -foot driveway width
requirement, the alley or
street. setback require-
ment, and/or the driveway
slope requirement, which
provide at least the follow-
ing for each standard, shall
be deemed conforming to
these requirements and
shall be considered com-
plying parking spaces for
existing residential build-
ings:
- Length: Minimum 17
feet 6 inches (inside
measurement)
Turning Radius:
Minimum 20 feet (mea-
sured from far side of
alley or street)
Driveway Width:
Minimum 8 feet
Driveway Slope:
Maximum 15%
Alley or Street
Setback: As necessary
to provide a 20 -foot
turning radius
Residential buildings that
have the minimum required
parking spaces meeting at least
the criteria contained in this
exception and have no other
nonconforming conditions shall
be considered conforming
buildings and are not subject to
the expansion limitations of this
chapter.
C. Building sites containing
three or more dwelling
units shall not be expand-
ed in floor area unless the
site provides two parking
spaces per unit plus one
guest space for every two
units.
ucimm wnun,ya
in a C or M zone noncon-
forming as to parking may
be expanded only if applic-
able parking requirements
for the amount of the
expansion area are satis-
fied.
E. When the use of an
existing commercial, man-
ufacturing or other non-
residential building_or
structure is changed o a
more intense use with a
higher parking require-
ment the requirement for
additional parking shall be
calculated as the differ-
ence between the required
parking as stated in
Section 17.44.030 for that
particular use as com-
pared to the requirement
for the existing or previous
use, which shall be met
prior to occupying the
building unless otherwise
specified in Chapter
17.44"
SECTION 9. Section
17.44.140 of Title 17, Chapter
17.44 of the Hermosa Beach
Municipal Code is amended to
read as follows:
"17.44.140 Requirements for
new construction.
Parking spaces shall be pro-
vided, permanently maintained
and available for every building
hereafter erected in compliance
with this Chapter 17.44"
SECTION 10. This
Ordinance shall become effec-
tive and be in full force and
effect from and after thirty (30)
days of its final passage and
adoption.
SECTION 11. Prior to the
expiration of fifteen (15)' days
after the date of its adoption, the
City Clerk shall cause this
Ordinance to be published in
the Easy Reader, a weekly
newspaper of general circula-
tion published and circulated, in
the City of Hermosa Beach in
the manner provided by law.
SECTION 12. The City Clerk
shall certify to the passage and
adoption of this Ordinance, shall
enter the same in the book of
original Ordinances of said city,
and shall make minutes of the
passage and adoption thereof in
the fecords of the proceedings
of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and
ADOPTED this 13th of
December 2005 by the follow-
ing vote:
AYES: Edgerton, Keegan,
Reviczky, Mayor Tucker
NOES: None
ABSENT: Yoon
ABSTAIN: None
Peter C.
Tucker
PRESIDENT of the City
Council and MAYOR of the City
of Hermosa Beach, California
ATTEST:
Elaine Doerfling^
City Clerk
APPROVED AS TO FORM:
Michael Jenkins
City Attorney
Easy ReaderincfRedondo
Beach Hometown News/
December 22, 2005/HC05-033
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ORDINANCE NO. 05-1258
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
CHANGING THE ZONING FROM M-1 (LIGHT MANUFACTURING) TO
R-2 (TWO-FAMILY RESIDENTIAL) AND ADOPTION OF A
MITIGATED ENVIRONMENTAL NEGATIVE DECLARATION FOR
THE PROPERTY LOCATED AT 494 ARDMORE AVENUE (ON THE
SOUTHEAST CORNER OF FIFTH STREET AND ARDMORE AVENUE)
LEGALLY DESCRIBED AS LOT 9 WALTER RANSOM CO'S VENABLE
PLACE
The City Council of the City of Hermosa Beach, California, does hereby ordain as follows:
SECTION 1. An application was filed by Mehrdad Tootonchi owner of real property at
494 Ardmore Avenue seeking to amend the Zoning Map.
SECTION 2. The Planning Commission conducted a duly noticed public hearing to
consider the application for a Zone Change on October 18, 2005, at which testimony and evidence,
both written and oral, was presented to and considered by the Planning Commission.
SECTION 3. The City Council conducted a duly noticed public hearing to consider the
application for a Zone Change and the recommendation of the Planning Commission on
November 22, 2005, at which testimony and evidence, both written and oral, was presented to and
considered by the City Council.
SECTION 4. Based on evidence received at the public hearing, the City Council makes
the following factual findings:
1. The requested change to R-2 will make the zoning for the subject property
consistent with the General Plan designation of Medium Density Residential.
2. Surrounding properties to the north, east and south are designated Medium Density
Residential on the General Plan and Zoned R-2, with the exception of adjacent properties
immediately to the south which are not included in this request, which would remain M-1 zoned.
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05-1258
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SECTION 5. Based on the foregoing factual findings, the Planning Commission makes
the following findings pertaining to the Zone Change:
1. The Zone Change will bring the subject property into consistency with the General
Plan for the City pursuant to the specific recommendation for this property in the Land Use Element
of the General Plan.
2. The subject property to be redesignated is appropriate for residential use as it is
abutted by residential uses and located in an area which is predominantly residential in character. A
residential use of the subject properties will be more compatible to surrounding residential uses than
a potentially more intensive light manufacturing or commercial use. The residential use of the
property will provide property tax benefits and will not unduly strain city services.
3. The Planning Commission concurs with the Staff Environmental Review
Committee's recommendation, based on their Environmental Assessment/Initial Study, that this
project will result in a less than significant impact on the environment, and therefore qualifies for a
Mitigated Negative Declaration.
SECTION 6. Based on the foregoing, the City Council hereby amends the City's Official
Zoning Map as follows:
1. Amend the Zoning Map by changing the property, as described below and shown
on the attached map, from M-1 (Light Manufacturing) to R-2 (Two -Family Residential):
494 Ardmore Avenue, legally described as lot 9 Walter Ransom Co's Venable Place.
SECTION 7. This Ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 8. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law,
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05-1258 I
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SECTION 9. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 13th of December 2005 by the following vote:
AYES:
Edgerton, Keegan, Mayor Tucker
NOES:
None
ABSENT-
Reviczky
ABSTAIN:
None
�r
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California
ATTEST•
j City Clerk
3
APPROVED AS TO FORM:
W J
o5-1258 1
494 Ardmore Ave
HIGHWAly
SPA -7
t;
Z �;I p-2 ILLI
I
SPA -7
R-2
SPA -7
o. SPA,7'
SPA -7
SPA -7-
-
8
•
R-2 R-2
• Subject Pro j
P�'ty
ISA_
AVF-
R-1 R•1
cocWMEAvE.
Zoning Map
• STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 05-1258 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 13th of December 2005, and said
ordinance was published in the Easy Reader newspaper on December 22, 2005.
The vote was as follows:
• AYES:
Edgerton, Keegan, Mayor Tucker
NOES:
None
ABSENT-
None
ABSTAIN:
Reviczky
DATED: January 10, 2006
City Cler
•
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 —Fax: 310 318-6292
beverly@easyreader.info
PROOF OF PUBLICATION
(2015.5C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER, a newspaper of general
circulation, printed and published WEEKLY in the City
of HERMOSA BEACH, County of Los Angeles, and
which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of
Los Angeles, State of California, under the date of
October 24, 1972, Case Number SWC 22940, that the
notice, of which the annexed is a printed copy (set in type
not smaller that nonpareil), has been published in each
regular and entire issue of said newspaper and not in any
supplement thereof on the following dates, to wit:
December 22
ALL IN THE YEAR 2005
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 22nd day of December, 2005
Beverly MorsVMcipal 1
•
Proof of Publication of:
CITY OF HERMOSA BEACH
Ord 05-1258
HC05-034
r�n+.os
o �•
,o Mgr
City of
Hermosa Beach
ORDINANCE NO. 05-1258
AN ORDINANCE OF THE
CITY OF HERMOSA
BEACH, CALIFORNIA,
CHANGING THE ZONING
FROM M-1 (LIGHT MANU-
FACTURING) TO R-2 (TWO-
FAMILY RESIDENTIAL)
AND ADOPTION OF A MITI-
GATED ENVIRONMENTAL
NEGATIVE DECLARATION
FOR THE PROPERTY
LOCATED AT 494 ARD -
MORE AVENUE (ON THE
SOUTHEAST CORNER OF
FIFTH STREET AND ARD -
MORE AVENUE) LEGALLY
DESCRIBED AS LOT 9
WALTER RANSOM CO'S
VENABLE PLACE
The City Council of the City of
Hermosa Beach, California,
does hereby ordain as follows:
SECTION 1. An application
was filed by Mehrdad Tootonchi
owner of real -property at 494
Ardmore Avenue seeking to
amend the Zoning.Map.
SECTION 2. The Planning
Commission conducted a duly
noticed public hearing to con-
sider the application for a Zone
Change on October 18, 2005,
at which testimony and evi-
dence, both written and oral,
was presented to and consid-
ered by the Planning
Commission.
SECTION 3. The City
Council conducted a duly
noticed public hearing to con-
sider the application for a Zone
Change and the recommenda-
tion of the Planning
Commission on November 22,
2005, at which testimony and
evidence, both written and oral,
was presented to and consid-
ered by the City Council.
ECJ1ON 4. Based on evi-
dence received at the public
hearing, the City Council makes
the following factual findings:
1. The requested
change to R-2 will
make the zoning for
the subject property
consistent with the
General Plan designa-
tion of Medium Density
Residential.
2. Surrounding prop-
erties to the north, east
and south are desig-
nated Medium Density
Residential on the
General Plan and
Zoned R-2, with the
exception of adjacent
properties immediately
to the south which are
not included in this
request, which would
remain M-1 zoned.
SECTIONS. Based on the
foregoing factual findings; the
Planning Commission makes
the following findings pertaining
to the Zone Change:
1. The Zone Change
will bring the subject
property into consis-
tency with the General
Plan for the City pur-
suant to the specific
recommendation for
this property in the
Land Use Element of
the General Plan.
2. The subject prop-
erty to be redesignated
is appropriate for resi-
dential use as it is
abutted by residential
uses and located in an
area which is predomi-
nantly residential in
character. A residen-
tial use of the subject
properties will be more
compatible to sur-
rounding residential
uses than a potentially
more intensive light
manufacturing or com-
mercial use. The resi-
dential use of the prop-
erty will provide prop-
erty tax benefits and
will not unduly strain I
city services.
3. The Planning
Commission concurs
with the Staff
Environmental Review
Committee's recom-
mendation, based on
their Environmental
Assessment/Initial
Study, that this project
will result in a less than
significant impact on
the environment, and
therefore qualifies for a
Mitigated Negative
Declaration.
SECTION 6. Based on the
foregoing, the City Council
hereby amends the City's
Official Zoning Map as follows:
t. Amend the Zoning
Map by changing the
property, as described
below and shown on
the attached map,
from M-1 (Light'
Manufacturing) to R-2
(Two Family
Residential):
494 Ardmore Avenue,
legally described as lot I
9 Walter Ransom Co's
Venable Place.
SECTION 7. This Ordinance
shall become effective and be in
full force and effect from and
after thirty (30) days of its final
passage and adoption.
SECTION 8. Prior to the
expiration of fifteen (15) days
after the date of its adoption, the
City Clerk shall cause this
Ordinance to be published in
the Easy Reader, a weekly
newspaper of general circula-
tion published and circulated, in
the City of Hermosa Beach in
the manner provided by law.
SECTION 9. The City Clerk
shall certify to the passage and
adoption of this Ordinance, shall
enter the same in the book of
original Ordinances of said city,
and shall make minutes of the
passage and adoption thereof in
the records of the proceedings of
the City Council at which the
same is passed and adopted.
PASSED, APPROVED and
ADOPTED this 13th of
December 2005 by the follow-
ing vote:
AYES: Edgerton, Keegan,
Mayor Tucker
NOES: None
ABSENT: Reviczky, Yoon I
ABSTAIN: None
Peter C. Tucker
PRESIDENT of the City Council
and MAYOR of the City of
Hermosa Beach, California
ATTEST:
Elaine Doerfling
City Clerk
APPROVED AS TO FORM:
Michael Jenkins
City Attorney
Easy Readerinr/Redondo
Beach Hometown News/
December 22, 2005/
HC05-034
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ORDINANCE NO. 06-1259
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
REGULATING CABLE, VIDEO, AND TELECOMMUNICATIONS
SERVICE PROVIDERS, REDESIGNATING CHAPTERS 5.16 AND 5.17
OF TITLE 5 AS UNCODIFIED ORDINANCES, AND AMENDING TITLE
5 OF THE HERMOSA BEACH MUNICIPAL CODE BY REPLACING
CHAPTER 5.16
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 5.16 of Title 5 of the Hermosa Beach Municipal Code, which is
entitled "Cable Television Systems," and Chapter 5.17 of Title 5 of the Hermosa Beach Municipal
Code, which is entitled "Cable Television Consumer Protection Standards," are redesignated as
uncodified ordinances and are subject to repeal in accordance with the provisions of Section 3 of
this ordinance.
SECTION 2. The Hermosa Beach Municipal Code is amended in Title 5, by replacing
Chapter 5.16 to read as follows:
"CHAPTER 5.16. CABLE, VIDEO, AND TELECOMMUNICATIONS SERVICE
PROVIDERS
ARTICLE 1. GENERAL PROVISIONS
5.16.010 Title
This chapter is known and may be cited as the "Cable, Video, and Telecommunications
Service Providers Ordinance" of the City of Hermosa Beach.
5.16.020 Purpose and Intent
A. The City Council finds and determines as follows:
1. The development of cable, video, and telecommunications services and systems
may provide significant benefits for, and have substantial impacts upon, the residents of the City.
2. Because of the complex and rapidly changing technology associated with cable,
video, and telecommunications services and systems, the public convenience, safety, and general
welfare can best be served by the City's exercise of its regulatory powers.
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3. This chapter adopts provisions that authorize the City to regulate cable, video, and
telecommunications service providers to the extent authorized by federal and state law, including
but not limited to the federal Cable Communications Policy Act of 1984, the federal Cable
Television Consumer Protection and Competition Act of 1992, the federal Telecommunications
Act of 1996, applicable regulations of the Federal Communications Commission, and applicable
California statutes and regulations.
4. The cable, video, and telecommunications services that are addressed in this
chapter include services provided by cable television systems, open video systems, master antenna
television systems, satellite master antenna television systems, direct broadcast satellite systems,
multichannel multipoint distribution systems, local multipoint distribution systems, and other
providers of video programming, whatever their technology.
B. The purpose and intent of this chapter is to provide for the attainment of the following
objectives:
1, To enable the City to discharge its public trust in a manner consistent with rapidly
evolving federal and state regulatory policies, industry competition, and technological
development.
2. To authorize and to manage reasonable access to the City's public rights-of-way
and public property for cable, video, and telecommunications purposes on a competitively neutral
and nondiscriminatory basis, and in a manner consistent with all applicable federal and state
statutes and regulations.
3. To obtain fair and reasonable compensation for the City and its residents for
authorizing the private use of the public rights-of-way and public property.
4. To promote competition in cable, video, and telecommunications services,
minimize unnecessary local regulation of cable, video, and telecommunications service providers,
and encourage the delivery of advanced and competitive cable, video, and telecommunications
services on the broadest possible basis to local government and to the businesses, institutions, and
residents of the City.
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5. To establish clear local guidelines, standards, and time frames for the exercise of
local authority with respect to the regulation of cable, video, and telecommunications service
providers.
6. To encourage the deployment of advanced cable, video, and telecommunications
infrastructure that satisfies local needs, delivers enhanced government services, and provides
informed consumer choices in an evolving cable, video, and telecommunications marketplace.
7 To maintain and to enhance public, educational, and governmental programming
opportunities that will enable the City to communicate with its residents and to provide them with
alternate means of disseminating information.
5.16.030 Defined Terms and Phrases
Various terms and phrases used in this chapter are defined below in Section 5.16.170 of
Article 5.
5.16.035 Suspension and Waiver of Application Fee Deposits
A. With regard to any application fee deposit for an initial franchise, or for the renewal of
a franchise, or for the transfer or change in control of a franchise that is authorized by this Chapter
5.16, the City Manager may suspend that application fee deposit in accordance with this section.
B. The City Manager, in consultation with the City Attorney, will review all written
information submitted by the applicant or franchisee in support of its contention that applicable
law prohibits imposition of the application fee deposit provided for by this Chapter 5.16. If a
determination is made that applicable law supports the contention of the applicant or franchisee,
then the City Manager may suspend the imposition of the application fee deposit; provided,
however, that such suspension must be ratified by the City Council within 30 days after the City
Manager's determination, and, if ratified, the application fee deposit will be deemed to have been
waived.
ARTICLE 2. CABLE TELEVISION SYSTEMS
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5.16.040 Authority and Findings
A. In accordance with applicable federal and state law, the City is authorized to grant one
or more nonexclusive franchises to construct, reconstruct, operate, and maintain cable television
systems within the City limits.
B. The City Council finds that the development of cable television and related
telecommunications services may provide significant benefits for, and substantial impacts upon,
the residents of the City. Because of the complex and rapidly changing technology associated with
cable television, the City Council further finds that the public convenience, safety, and general
welfare can best be served by the exercise of the City's regulatory powers. This Article 2 is
intended to specify the means for providing to the public the best possible cable television
services, and every franchise issued in accordance with this Article 2 is intended to achieve this
primary objective. It is the further intent of this Article 2 to adopt regulatory provisions that will
enable the City to regulate cable television services to the maximum extent authorized by federal
and state law.
5.16.050 Franchise Terms and Conditions
A. Franchise Purposes
A franchise granted by the City under the provisions of this Article 2 may authorize the
Grantee to do the following:
1. To engage in the business of providing cable television services that are authorized
by law and that the Grantee elects to provide to its subscribers within the designated franchise
service area.
2. To erect, install, construct, repair, rebuild, reconstruct, replace, maintain, and
retain, cable lines, related electronic equipment, supporting structures, appurtenances, and other
property in connection with the operation of the cable system in, on, over, under, upon, along and
across streets and public rights-of-way within the designated franchise service area.
3. To maintain and operate the franchise properties for the origination, reception,
transmission, amplification, and distribution of television and radio signals, and for the delivery of
cable services that are authorized by law.
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B. Franchise Required
It is unlawful for any person to construct, install, or operate a cable television system
within any street or public way in the City without first obtaining a franchise under the provisions
of this Article 2.
C. Term of the Franchise
1, A franchise granted under this Article 2 will be for the term specified in the
franchise agreement, commencing upon the effective date of the resolution adopted by the City
Council that authorizes the franchise.
2. A franchise granted under this Article 2 may be renewed upon application by the
Grantee in accordance with the then -applicable provisions of state and federal law and this Article
IN
D. Franchise Service Area
A franchise is effective within the territorial limits of the City, and within any area added
to the City during the term of the franchise, unless otherwise specified in the resolution granting
the franchise or in the franchise agreement.
E. Federal or State Jurisdiction
This Article 2 will be construed in a manner consistent with all applicable federal and state
laws, and it applies to all franchises granted or renewed after the effective date of this Chapter
5.16, to the extent authorized by applicable law.
F. Franchise Non -Transferable
1, Grantee may not sell, transfer, lease, assign, sublet, or dispose of, in whole or in
part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation, or otherwise,
the franchise or any of the rights or privileges therein granted, without the prior written consent of
the City Council, which consent may not be unreasonably denied or delayed. Any attempt to sell,
transfer, lease, assign, or otherwise dispose of the franchise without the written consent of the City
Council is null and void. The granting of a security interest in any assets of the Grantee, or any
mortgage or other hypothecation, will not be deemed a transfer for the purposes of this subsection.
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B. Franchise Required
It is unlawful for any person to construct, install, or operate a cable television system
within any street or public way in the City without first obtaining a franchise under the provisions
of this Article 2.
C. Term of the Franchise
1, A franchise granted under this Article 2 will be for the term specified in the
franchise agreement, commencing upon the effective date of the resolution adopted by the City
Council that authorizes the franchise.
2. A franchise granted under this Article 2 may be renewed upon application by the
Grantee in accordance with the then -applicable provisions of state and federal law and this Article
IN
D. Franchise Service Area
A franchise is effective within the territorial limits of the City, and within any area added
to the City during the term of the franchise, unless otherwise specified in the resolution granting
the franchise or in the franchise agreement.
E. Federal or State Jurisdiction
This Article 2 will be construed in a manner consistent with all applicable federal and state
laws, and it applies to all franchises granted or renewed after the effective date of this Chapter
5.16, to the extent authorized by applicable law.
F. Franchise Non -Transferable
1, Grantee may not sell, transfer, lease, assign, sublet, or dispose of, in whole or in
part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation, or otherwise,
the franchise or any of the rights or privileges therein granted, without the prior written consent of
the City Council, which consent may not be unreasonably denied or delayed. Any attempt to sell,
transfer, lease, assign, or otherwise dispose of the franchise without the written consent of the City
Council is null and void. The granting of a security interest in any assets of the Grantee, or any
mortgage or other hypothecation, will not be deemed a transfer for the purposes of this subsection.
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2. The requirements of subsection (1) apply to any change in control of Grantee. The
word "control" as used herein is not limited to the ownership of major stockholder or partnership
interests, but includes actual working control in whatever manner exercised. If Grantee is a
partnership or a corporation, prior authorization of the City Council is required where ownership
or control of twenty-five percent (25%) or more of the partnership interests or of the voting stock
I of Grantee, or any company in the tier of companies controlling the Grantee, whether directly or
indirectly, is acquired by a person or a group of persons acting in concert, none of whom,
singularly or collectively, owns or controls those partnership interests or that voting stock of the
Grantee, or of Grantee's upper tier of controlling companies, as of the effective date of the
franchise.
3. Unless precluded by federal law, Grantee must give prior written notice to the City
of any proposed foreclosure or judicial sale of all or a substantial part of the Grantee's franchise
property. That notification will be considered by the City as notice that a change in control of
ownership of the franchise will take place, and the provisions of this paragraph that require the
prior written consent of the City Council to that change in control of ownership will apply.
4. For the purpose of determining whether it will consent to an acquisition, transfer, or
change in control, the City may inquire about the qualifications of the prospective transferee or
controlling party, and Grantee must assist the City in that inquiry. In seeking the City's consent to
any change of ownership or control, Grantee or the proposed transferee, or both, must complete
Federal Communications Commission Form 394 or its equivalent. This application must be
submitted to the City not less than 120 days prior to the proposed date of transfer. The transferee
must establish that it possesses the legal, financial, and technical capability to remedy all then -
existing defaults and deficiencies, and, during the remaining term of the franchise, to operate and
maintain the cable system and to comply with all franchise requirements. If the legal, financial,
and technical qualifications of the proposed transferee are determined to be satisfactory, then the
City will consent to the transfer of the franchise.
5. Any financial institution holding a pledge of the Grantee's assets to secure the j
advance of money for the construction or operation of the franchise property has the right to notify
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the City that it, or a designee satisfactory to the City, will take control of and operate the cable
television system upon Grantee's default in its financial obligations. Further, that financial
institution must also submit a plan for such operation within 90 days after assuming control. The
plan must ensure continued service and compliance with all franchise requirements during the
period that the financial institution will exercise control over the system. The financial institution
may not exercise control over the system for a period exceeding one year unless authorized by the
City, in its sole discretion, and during that period of time it will have the right to petition the City
to transfer the franchise to another Grantee.
6. Unless prohibited by applicable law, Grantee must reimburse the City for the City's
reasonable review and processing expenses incurred in connection with any transfer or change in
control of the franchise. These expenses may include, without limitation, costs of administrative
review, financial, legal, and technical evaluation of the proposed transferee, consultants (including
technical and legal experts and all costs incurred by these experts), notice and publication costs,
and document preparation expenses. The total amount of these reimbursable expenses may be
subject to maximum limits that are specified in the franchise agreement between the City and the
Grantee. No reimbursement may be offset against any franchise fee payable to the City during the
term of the franchise.
G. Geographical Coverage
1, Unless otherwise provided in the franchise agreement, Grantee must design,
construct, and maintain the cable television system to have the capability to pass every dwelling
unit and commercial building in the franchise service area, subject to any service -area line
extension requirements or territorial restrictions set forth in the franchise agreement.
2. After service has been established by activating trunk or distribution cables for any
service area, Grantee must provide standard installations to any requesting subscriber within that
activated part of the service area within seven days from the date of request, or such longer time as
may be requested by the subscriber, provided that the Grantee is able to secure on reasonable terms
and conditions all rights-of-way and permits necessary to extend service to that subscriber within �
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that period. Standard installations are defined as installations that are located up to 125 feet from
the existing distribution system and do not require trenching to serve.
H. Nonexclusive Franchise
Every franchise granted is nonexclusive. The City specifically reserves the right to grant,
at any time, such additional franchises for a cable television system as it deems appropriate,
subject to applicable state and federal law. If an additional franchise is proposed to be granted to a
subsequent Grantee, a noticed public hearing must first be held if required under the provisions of
Government Code § 53066.3.
I. Multiple Franchises
1. The City may grant any number of franchises, subject to applicable state and
federal law. The City may limit the number of franchises granted, based upon, but not necessarily
limited to, the requirements of applicable law and the following specific local considerations:
a. The capacity of the public rights-of-way to accommodate multiple cables in
addition to the cables, conduits, and pipes of the existing utility systems, such
as electrical power, telephone, gas, and sewerage.
b. The benefits that may accrue to subscribers as a result of cable system
competition, such as lower rates and improved service.
c. The disadvantages that may result from cable system competition, such as the
requirement for multiple pedestals on residents' property, and the disruption
arising from numerous excavations within the public rights-of-way.
2. The City may require that any new Grantee be responsible for its own underground
trenching and the associated costs if, in the City's opinion, the rights-of-way in any particular area
cannot reasonably accommodate additional cables.
5.16.060 Franchise Applications and Renewal
A. Filing of Applications
Any person desiring an initial franchise for a cable television system must file an
application with the City. An application fee deposit in an amount established by resolution of the
City Council must accompany the application. That application fee deposit will cover all
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reasonably anticipated costs associated with reviewing and processing the application, including
without limitation costs of administrative review, financial, legal, and technical evaluation of the
applicant, consultants (including technical and legal experts and all costs reasonably incurred by
those experts), notice and publication requirements, and document preparation expenses. If actual
costs exceed the application fee deposit, the applicant must pay the difference to the City within 30
days following receipt of an itemized statement of those costs. If actual costs are less than the
application fee deposit, the remaining balance will be refunded to the applicant.
B. Applications - Contents
An application for an initial franchise for a cable television system must contain, as
applicable:
1, A statement describing the proposed franchise service area and an explanation
whether this proposed service area is, or will be, a part of a larger regional cluster of franchise
service areas.
2. A resume of the applicant's prior history, including the applicant's experience and
expertise in the cable television industry.
3. A list of the partners, general and limited, of the applicant, if a partnership, or the
percentage of stock owned or controlled by each stockholder, if a closely -held corporation. If the
applicant is a publicly -owned partnership or corporation, each owner of 10 percent or more of the
partnership interests, or of the issued and outstanding capital stock, must be identified. If the
applicant is a limited liability company, the following information must be provided: the address
of its principal executive office; the name and business or residence address of each member and
of each holder of an economic interest in the limited liability company, together with the
contribution and share in profits or losses of each member and holder of an economic interest; the
name and business or residence address of any manager or managers and the chief executive
officer, if any, appointed or elected in accordance with the articles of organization or operating
agreement.
4. A list of officers, directors, and managing employees of the applicant, together with
a description of the background and qualifications of each such person.
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5. A statement concerning the number of people employed by the applicant, whether
on a full-time or part-time basis.
6. The names and addresses of any parent or subsidiary of the applicant, or any other
business entity owning or controlling applicant in whole or in part, or that is owned or controlled
in whole or in part by the applicant.
7 Financial statements prepared in accordance with generally accepted accounting
principles that demonstrate the applicant's financial ability to:
a. Construct, operate, maintain, and remove any new physical plant that is
proposed to be constructed in the City.
b. Comply with the City's public, educational, and governmental access
requirements.
c. Comply with the City's requirement that franchise fees be paid on the
applicant's gross revenues derived from the operation of the cable system to
provide cable services.
8. An accurate map showing the location of any existing telecommunications facilities
in the City that the applicant intends to use, to purchase, or to lease.
9. A description of the cable services and.any other services that will be offered by the
applicant using existing or proposed facilities.
10. The proposed construction and service schedule, the proposed rate structure for
cable services, and the proposed commitment to provide public, educational, and governmental
access capacity, services, facilities, and equipment.
11. Any additional information that the City deems to be reasonably necessary to
evaluate the applicant's qualifications.
C. Consideration of Initial Applications
1, Upon receipt of an application for an initial franchise, the City Manager or the City
Manager's designee must prepare a report and make recommendations to the City Council
concerning that application.
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2. A public hearing will be noticed prior to any initial franchise grant, at a time and
date approved by the City Council. Within 30 days after the close of the hearing, the City Council
will make a decision, based upon the documents and testimony received at the hearing, whether
the franchise should be granted, and, if granted, subject to what conditions. The City Council may
grant one or more franchises, or may decline to grant any franchise.
D. Franchise Renewal
Franchise renewals will be processed in accordance with then -applicable law, The City
and Grantee, by mutual consent, may enter into renewal negotiations at any time during the term
of the franchise. The City Council may authorize the renewal of a cable television franchise
agreement by resolution.
5.16.070 Contents of Cable Television Franchise Agreements
A. The provisions of a franchise agreement for the operation of a cable television system
may relate to or include, without limitation, the following subject matters:
1, The geographical area, duration, and nonexclusive nature of the franchise.
2. The applicable franchise fee to be paid to the City, including the percentage amount,
the method of computation, and the time for payment.
3. Requirements relating to compliance with and implementation of state and federal
laws and regulations pertaining to the operation of the cable television system.
4. Requirements relating to the construction, upgrade, or rebuild of the cable
television system, as well as the provision of special services, such as outlets for public buildings,
emergency alert capability, and parental control devices.
5. Requirements relating to the maintenance of a performance bond, a security fund, a
letter of credit, or similar assurances to secure the performance of the Grantee's obligations under
the franchise agreement.
6. Requirements relating to comprehensive liability insurance, workers' compensation
insurance, and indemnification.
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7 Requirements relating to consumer protection and customer service standards,
which requirements may include, without limitation, compliance with Section 5.16.080, and the
statutes, rules, and regulations referenced in that section.
8. Requirements relating to the Grantee's support of local cable usage, including the
provision of public, educational, and governmental access channels, the coverage of public
meetings and special events, and financial support for the required access channels.
9. Requirements relating to the Grantee's obligation to provide an institutional
network, and channel capacity on that institutional network for educational or governmental use,
subject to the City's rules and procedures for the use of such channel capacity and for
compatibility with any telecommunications network that has been or may be developed by the
City.
10. Requirements relating to construction, operation, and maintenance of the cable
television system within the City's streets and public rights-of-way, including compliance with all
applicable building codes and permit requirements of the City, the abandonment, removal, or
relocation of facilities, and compliance with FCC technical standards.
11. Requirements relating to recordkeeping, accounting procedures, reporting, periodic
audits, and performance reviews, the inspection of Grantee's books and records, and
reimbursement for technical audits and franchise fee audits under specified circumstances.
12. Acts or omissions constituting material breaches of or defaults under the franchise
agreement, and the applicable penalties or remedies for such breaches or defaults, including fines,
penalties, liquidated damages, suspension, revocation, and termination.
13. Requirements relating to the sale, assignment, or other transfer or change in control
of the franchise.
14. The Grantee's obligation to maintain continuity of service and to authorize, under
certain specified circumstances, the City's operation and management of the cable system.
15. Such additional requirements, conditions, policies, and procedures as may be
mutually agreed upon by the parties to the franchise agreement and that will, in the judgment of
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City staff and the City Council, best serve the public interest and protect the public health, welfare,
and safety.
16. To the extent permitted by federal law, require the Grantee to provide public,
educational, and government (PEG) channels in the broadcast (lower) tier of channels.
B. If there is any conflict or inconsistency between the provisions of the Grantee
agreement authorized by the City Council and provisions of this chapter, the provisions of the
franchise agreement will control.
5.16.080 Consumer Protection and Service Standards
A. Operational Standards
1, Grantee must maintain the necessary facilities, equipment, and personnel to comply
with the following consumer protection and service standards under normal operating conditions:
a. Sufficient toll-free telephone line capacity during normal business hours to
ensure that telephone calls are answered promptly. Telephone answer time by a
customer service representative, including wait time, may not exceed 30
seconds when the connection is made. If the call needs to be transferred,
transfer time must not exceed 30 seconds.
b. Callers may not receive a busy signal more than three percent of the time,
measured quarterly.
c. Emergency toll-free telephone line capacity on a 24-hour basis, including
weekends and holidays. After normal business hours, the telephone calls may
be answered by a service or an automated response system, including an
answering machine. Calls received after normal business hours must be
responded to by a trained company representative on the next business day.
d. A conveniently -located local business and service or payment office open
during normal business hours at least eight hours daily on weekdays, and at
least four hours weekly on evenings or weekends, and adequately staffed with
trained customer service representatives to accept subscriber payments and to
respond to service requests, inquiries, and complaints.
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e. An emergency system maintenance and repair staff, capable of responding to
and repairing major system malfunctions on a 24-hour per day basis.
f. A trained installation staff must provide service to any subscriber requiring a
standard installation within seven days after receipt of a request, or such longer
time as may be requested by the subscriber, in all areas where trunk and feeder
cable have been activated.
g. The Grantee must schedule, within a specified four-hour time period Monday
through Saturday (legal holidays excluded), all appointments with subscribers
for installation of service, service calls, and other activities at the subscriber's
location. The Grantee may schedule installation and service calls outside of
normal business hours for the convenience of the subscriber. The Grantee may
not cancel an appointment with a subscriber after the close of business on the
business day prior to the scheduled appointment. If a Grantee representative is
delayed in keeping an appointment with a subscriber and will not be able to
honor the scheduled appointment, the subscriber must be contacted prior to the
time of the scheduled appointment, and the appointment must be rescheduled,
as necessary, at a time that is convenient for the subscriber. The Grantee must
undertake appropriate quality control measures to ensure that the customer is
satisfied with the work.
h. Subscribers who have experienced a late or a missed appointment due to the
fault of the Grantee will receive either a free installation or a $20 credit.
i. Upon a subscriber's request, the Grantee will arrange for pickup or replacement
of converters or other equipment provided by the Grantee at the subscriber's
address within 14 days after the request is made if the subscriber is mobility -
limited.
2. Under normal operating conditions, the standards of subparagraphs (a), (b), (c), (f)
and (g) above must be met not less than ninety percent of the time, measured on a quarterly basis.
B. Service Standards
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1, The Grantee will render efficient service, make repairs promptly, and interrupt
service only for good cause and for the shortest time possible. Except in emergency situations,
scheduled interruptions will occur during a period of minimum use of the cable system, preferably
between midnight and 6:00 a.m. Unless the scheduled interruption lasts for no more than two
hours and occurs between midnight and 6:00 a.m. (in which event 24 -hours prior notice must be
given to the City), 48 -hours prior notice must be given to subscribers.
2. The Grantee will maintain a repair force of technicians who will respond to
subscriber requests for service within the following time frames:
a. For a system outage: Within two hours, including weekends, after receiving
subscriber calls or requests for service that by number identify a system outage
of sound or picture on one or more channels, affecting five or more subscribers
to the system.
b. For an isolated outage: Within 24 hours, including weekends, after receiving
requests for service identifying an isolated outage of sound or picture on one or
more channels.
c. For inferior signal quality: No later than the following business day, excluding
Sundays and holidays, after a request for service identifying a problem
concerning picture or sound quality.
3. The Grantee will be deemed to have responded to a request for service under the
provisions of this paragraph (B) when a technician arrives at the service location and begins work
on a problem that cannot be corrected from a remote location. If a subscriber is not home when
the technician arrives, the technician must leave written notification of arrival.
4. The Grantee may not charge for the repair or replacement of defective or
malfunctioning equipment provided by the Grantee to subscribers, unless the defect or malfunction
was caused by the subscriber.
5. The Grantee must determine the nature of the problem within 24 hours after
commencing work and resolve all cable system related problems within three business days, unless
technically infeasible.
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C. Billing and Information Standards
1. Subscriber bills must be clear, concise, and understandable. Bills must be fully
itemized, with itemizations including, but not limited to, basic and premium service charges and
equipment charges. Bills also must clearly delineate all activity during the billing period,
including optional charges, rebates, and credits.
2. The first billing to a subscriber after a new installation or service change must be
prorated based upon when the new or changed service commenced. Subscribers must not be
charged a late fee or otherwise penalized for any failure attributable to the Grantee, including the
failure to timely or correctly bill the subscriber.
3. In case of a billing dispute, the Grantee must respond in writing to a written
complaint from a subscriber within 30 days after receiving the complaint at the office specified on
the billing statement for receiving that complaint.
4. Upon request by a subscriber, credits or refunds must be provided by Grantee to
subscribers who experience an outage, interruption, or disconnection of service of four or more
consecutive hours, provided that such loss of service is neither caused by the subscriber nor
attributable to scheduled repairs, maintenance, or construction in circumstances where Grantee has
provided advance written notice to subscriber, and the loss of service does not exceed the time
period specified by Grantee. For subscribers terminating service, credits or refunds must be issued
promptly, but no later than 30 days after the return of any Grantee -supplied equipment.
5. The Grantee must provide written information on each of the following matters at
the time of the installation of service, at least annually to all subscribers, and at any time upon
request:
a. Products and services offered.
b. Prices and options for programming services and conditions of subscription to
programming and other services.
c. Installation and service maintenance policies.
d. Instructions on the use of the cable service.
e. Channel positions of programming carried on the system.
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f. Billing and complaint procedures, including the address and telephone number
of the City's office designated for dealing with cable -related issues.
g. Consumer protection and service standards and penalties for noncompliance.
6. Subscribers must be notified in writing of any changes in rates, programming
services, or channel positions as soon as possible. Notice must be given to subscribers a minimum
of 30 days in advance of those changes if the change is within the control of the Grantee. In
addition, Grantee will endeavor to notify Grantor of those changes at least five working days
before subscribers are notified.
7 The Grantee must maintain a public file containing all written notices provided to
subscribers under these consumer protection and service standards and all published promotional
offers made by Grantee to subscribers. These documents must be maintained for a minimum
period of two years.
D. Verification of Compliance with Standards
1. Upon 30 days prior written notice, the City may require the Grantee to provide a
written report demonstrating its compliance with any of the consumer service standards specified
in this section. The Grantee must provide sufficient documentation to enable the City to verify
compliance.
2. A repeated and verifiable pattern of noncompliance with the consumer protection
and service standards of this section, after the Grantee's receipt of written notice and an
opportunity to cure, may be deemed a material breach of the franchise agreement.
E. Subscriber Complaints and Disputes
1, The Grantee must establish written procedures for receiving, acting upon, and
resolving subscriber complaints without intervention by the City. The written procedures must
prescribe the manner in which a subscriber may submit a complaint, either orally or in writing,
specifying the subscriber's grounds for dissatisfaction. The Grantee must file a copy of these
procedures with the City. These procedures must include a requirement consistent with Section
5.16.080(C)(3).
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2. Upon request, and subject to applicable law protecting subscriber privacy rights, the
City has the right to review the Grantee's response to subscriber complaints.
3. All subscribers have the right to continue receiving service so long as their
financial and other obligations to the Grantee are honored. If the Grantee elects to rebuild,
modify, or sell the system, or if the City gives notice of intent to terminate or not to renew the
franchise, the Grantee must act to ensure that all subscribers receive service while the franchise
remains in force.
4. Upon a change of control of the Grantee, or if a new operator acquires the cable
system, the original Grantee must cooperate with the City, the new Grantee, or the new operator in
maintaining continuity of service to all subscribers. During that transition period, the Grantee is
entitled to the revenues derived from its operation of the cable system.
F. Disconnection and Downgrades
1. A subscriber may terminate or downgrade service at any time, and the Grantee must
promptly comply with the subscriber's request within seven days or at any later time requested by
the subscriber. No period of notice prior to voluntary termination or downgrade of service may be
required of subscribers. Grantee will impose no charges for the voluntary termination of all
services unless a visit to the subscriber's premises is required to remove a converter box or other
equipment or property owned by Grantee. Grantee may, in accordance with applicable law, charge
a fee to downgrade service if a service call is required.
2. The Grantee may disconnect a subscriber's service in compliance with
paragraphs (i), 0), and (k) of Section 53088.2 of the California Government Code. If service is
disconnected for nonpayment of past due fees or charges, the Grantee must promptly reinstate
service upon payment in full by the subscriber of all such fees and charges, including late charges.
3. Notwithstanding the requirements of subsection (2) above, the Grantee may
immediately disconnect service to a subscriber if the subscriber is damaging or destroying the
Grantee's cable system or equipment.
4. The Grantee may also disconnect service to a subscriber when service causes signal
leakage exceeding federal limits. If service is disconnected, the Grantee will immediately resume
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service without charge upon the satisfactory correction of the signal leakage problem if the signal
leakage problem is attributable to the Grantee.
5. The Grantee may also disconnect service in cases where customers are stealing
service or have threatened Grantee's personnel with physical violence.
6. Upon termination of service to a subscriber, the Grantee will endeavor to remove
its equipment from the subscriber's premises within 30 days.
G. Negative Option Billing Prohibited. No charge may be imposed for any service or
equipment that the subscriber has not affirmatively selected. Payment of the regular monthly bill
will not by itself constitute an affirmative selection.
H. Deposits. Grantee may require a reasonable, nondiscriminatory deposit on equipment
provided to subscribers. Such deposits must be placed in an interest-bearing account. The deposit
must be returned, with interest earned to the date of repayment, within 30 days after the equipment
is returned to the Grantee.
I. Parental Control Option. Grantee must provide parental control devices at no charge to
all subscribers who desire to block the video or audio portion of any pay channels providing adult
programming that the subscriber finds objectionable. For other programming, such devices will be
provided at a reasonable charge to the subscriber.
J. Additional Requirements
1, All officers, agents, and employees of the Grantee, or of its contractors or
subcontractors, who, in the normal course of work come into contact with members of the public,
or who require entry onto subscribers' premises, must display a photo- identification card. The
Grantee must account for all identification cards at all times. All vehicles of the Grantee or its
subcontractors must be clearly identified as vehicles engaged in providing services for the Grantee.
2. In
addition to the
consumer
protection and
service standards specified in
this
Section 5.16.080,
the franchise
agreement
with a Grantee
may require compliance with
the
following:
a. Federal statutes, and the rules, regulations, and orders of the Federal
Communications Commission, including the following:
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(i) The provisions of Section 76.630 of Title 47 of the Code of Federal
Regulations, as it now exists or may later be amended, which relate to
compatibility with consumer electronics equipment.
(ii) The provisions of Section 551 of Title 47, United States Code, as it now
exists or may later be amended, which relate to the protection of
subscriber privacy.
b. The provisions of California Government Code Sections 53054, et seg., entitled
the "Cable Television and Video Provider Customer Service and Information
Act."
c. The provisions of California Government Code Section 53088, et secl., entitled
the "Video Customer Service Act."
d. The provisions of California Civil Code Section 1722(b)(1)-(6), which relate to
service or repair transactions between cable television companies and their
subscribers.
e. The provisions of California Penal Code Section 637.5, which relate to
subscribers' rights to privacy protection.
3. If there is any conflict or inconsistency between a consumer protection and service
standard specified in this Section 5.16.080, and a standard set forth in the statutes, rules,
regulations, and orders that are referenced above in subsection (2), then the standard that is
specified in this Section 5.16.080 will apply to the extent authorized by applicable law.
K. Penalties for Noncompliance
1, Purpose. The purpose of this paragraph is to authorize monetary penalties for the
violation of the customer service standards established by this section in a manner consistent with
the Video Customer Service Act (Government Code Sections 53088 et seq.) and pursuant to the
City's inherent police powers. The imposition of penalties authorized by this paragraph (K) will
not prevent the City or any other affected party from exercising any other remedy to the extent
permitted by law.
2. Administration and Appeals.
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a. The City Manager or the City Manager's designee is authorized to administer
this paragraph (K). Decisions by the City Manager to assess monetary penalties
against the Grantee must be in writing and must contain findings supporting the
decisions. Decisions by the City Manager are final, unless appealed to the City
Council.
b. If the Grantee or any interested person is aggrieved by a decision of the City
Manager, the aggrieved party may, within 10 days of the written decision,
appeal that decision in writing to the City Council. The appeal letter must be
accompanied by the fee established by the City Council for processing the
appeal. The City Council may affirm, modify, or reverse the decision of the
City Manager.
c. Schedule of Penalties. The following schedule of monetary penalties may be
assessed against the Grantee for the material breach of the provisions of the
customer service standards set forth in this section, provided that the breach is
within the reasonable control of the Grantee:
(i) For a first material breach: the maximum penalty is $200 for each day of
material breach, but not to exceed a cumulative total of $600 for each
occurrence of the material breach.
(ii) For a second material breach of the same nature within a 12 -month period
for which the City has provided notice and a penalty has been assessed, the
maximum penalty is $400 for each day of the material breach, but not to
exceed a cumulative total of $1200 for each occurrence of the material
breach.
(iii) For a third or further material breach of the same nature within a 12 -month
period for which the City has provided notice and a penalty has been
assessed, the maximum penalty is $1000 for each day of the material
breach, but not to exceed a cumulative total of $3000 for each occurrence
of the material breach.
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(iv) The maximum penalties referenced above may be increased by any
additional amount authorized by state law.
d. Judicial Remedy. This paragraph does not preclude any affected party from
pursuing any judicial remedy available to that party without regard to this
paragraph (K).
e. Notification of Breach. The City must give the Grantee written notice of any
alleged breach of the consumer service standards and allow the Grantee at least
30 days, or such longer time as may be reasonably necessary to cure, from
receipt of the notice to remedy the specified breach. For the purpose of
assessing penalties, a material breach is deemed to have occurred for each day,
following the expiration of the period for cure specified herein, that any breach
has not been remedied by the Grantee, irrespective of the number of subscribers
affected.
f. Limitations. With respect to any Grantee that operates under a franchise or
license agreement with the City, any monetary penalties assessed under this
paragraph (K) must be reduced dollar for dollar to the extent that any liquidated
damage or penalty provision of the franchise or license agreement imposes a
monetary obligation on the Grantee for the same customer service failure, and
no other monetary damages may be assessed for that customer service failure.
ARTICLE 3. OPEN VIDEO SYSTEMS
5.16.090 Applicability
The provisions of this Article 3 apply to an open video system operator, as defined below
in Section 5.16.170 of Article 5, that intends to deliver video programming to consumers in the
City over an open video system.
5.16.100 Application Required
A. Before commencing the delivery of video programming services to consumers in the
City over an open video system, the open video system operator must file an application with the
City. That application must include or be accompanied by the following, as applicable:
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1, The identity of the applicant, including all affiliates of the applicant.
2. Copies of FCC Form 1275, all "Notices of Intent" filed under 47 CFR
76.1503(b)(1), and the Order of the FCC, all of which relate to certification of the applicant to
operate an open video system in the City in accordance with Section 653(a)(1) of the
Communications Act and the FCC's rules.
3. The area or areas of the City that the applicant proposes to serve.
4. A description of the open video system services that will be offered by the applicant
over its existing or proposed facilities.
5. A description of the transmission medium that will be used by the applicant to
deliver the open video system services.
6. Information in sufficient detail to establish the applicant's technical qualifications,
experience, and expertise regarding the ownership and operation of the open video system
described in the application.
7 Financial statements prepared in accordance with generally accepted accounting
principles that demonstrate the applicant's financial ability to:
a. Construct, operate, maintain and remove any new physical plant that is proposed
to be constructed in the City.
b. Comply with the City's public, educational, and governmental access
requirements as specified below in Section 5.16.120(B)(4).
c. Comply with the City's requirement that gross revenue fees be paid in the
maximum amount authorized under federal law, as specified below in Section
5.16.120(B)(2).
8. An accurate map showing the location of any existing telecommunications facilities
in the City that the applicant intends to use, to purchase, or to lease.
9. If the applicant's operation of the open video system will require the construction of
new physical plant in the City, the following additional information must be provided:
a. A preliminary construction schedule and completion dates.
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b. Preliminary engineering plans, specifications, and a network map of any new
facilities to be constructed in the City, in sufficient detail to identify:
(i) The location and route requested for the applicant's proposed facilities.
(ii) The locations, if any, for interconnection with the facilities of other video
and telecommunications service providers.
(iii) The specific structures, improvements, facilities, and obstructions, if any,
that the applicant proposes to remove or relocate on a temporary or
permanent basis.
c. The applicant's statement that, in constructing any new physical plant, the
applicant will comply with all applicable ordinances, rules, and regulations of
the City, including the payment of all required permit and processing fees.
10. The information and documentation that is required to be submitted to the City by a'
video provider, as specified below in paragraph (B) of Section 5.16.140.
11. Such additional information as may be requested by the City Manager to evaluate
the applicant's qualifications.
12. An application fee deposit in an amount established by resolution of the City
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B. If any item of information specified above in paragraph (A) is determined under federal
or state law to be unlawful, the City Manager is authorized to waive the requirement that such
information be included in the application.
5.16.110 Review of the Application
Within 30 days after receipt of an application filed under Section 5.16.100 that is deemed
to be complete, the City Manager will give written notice to the applicant of the City's intent to
negotiate an agreement setting forth the terms and conditions under which the operation of the
proposed open video system will be authorized by the City. The commencement of those
negotiations will be on a date that is mutually acceptable to the City and to the applicant.
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5.16.120 Agreement Required
A. No video programming services may be provided in the City by an open video system
operator unless the operator and the City have executed a written agreement, which may be
designated as a franchise, setting forth the terms and conditions under which the operation of the
proposed open video system will be authorized by the City. That agreement may be authorized
and approved by resolution of the City Council.
B. The agreement between the City and the open video system operator may contain terms
and conditions that relate to the following subject matters, to the extent that such terms,
conditions, and subject matters are not preempted by federal law or regulations:
1. The nature, scope, and duration of the agreement, including provisions for its
renewal or extension.
2. The obligation of the open video system operator to pay to the City, at specified
times and in lieu of the franchise fees permitted under Section 622 of the Communications Act,
fees on the gross revenue received by the operator, as authorized by 47 CFR 76.1511, in
accordance with the following standards and procedures:
a. The amount of the fees on the gross revenue will be the maximum amount
authorized by Section 653(c)(2)(B) of the Communications Act, which is the
rate imposed by the City on the existing franchised cable operator,
b. The term "gross revenue" has the meaning set forth in 47 CFR 76.1511, and
includes: (i) all gross revenue received by an open video system operator or its
affiliates, including all revenue received from subscribers and all carriage
revenue received from unaffiliated video programming providers; and (ii) all
advertising revenue received by the operator or its affiliates in connection with
the provision of video programming, where such revenue is included in the
calculation of the cable franchise fee paid to the City by the incumbent
franchised cable operator. The term "gross revenue" does not include revenue,
such as subscriber or advertising revenue, collected by unaffiliated video
programming providers.
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3. The obligation of the open video system operator to comply with requirements
relating to information collection and recordkeeping, accounting procedures, reporting, periodic
audits, and inspection of records in order to ensure the accuracy of the fees on the gross revenue
that are required to be paid as specified above in paragraph (B)(2).
4. The obligation of the open video system operator to meet the City's requirements
with respect to public, educational, and governmental access channel capacity, services, facilities,
and equipment, as provided for in 47 CFR 76.1505. In this regard, the following standards and
procedures apply:
a. The open video system operator is subject to the same public, educational, and
governmental access requirements that apply within the cable television
franchise service area with which its system overlaps.
b. The open video system operator must ensure that all subscribers receive all
public, educational, and governmental access channels within the franchise
service area in which the City's subscribers are located.
c. The open video system operator may negotiate with the City to establish the
operator's obligations with respect to public, educational, and governmental
access channel capacity, services, facilities, and equipment. These negotiations
may include the City's franchised cable operator if the City, the open video
system operator, and the franchised cable operator so desire.
d. If the open video system operator and the City are unable to reach an agreement
regarding the operator's obligations with respect to public, educational, and
governmental access channel capacity, services, facilities, and equipment within
the City's jurisdiction, then the following obligations will be imposed:
(i) The open video system operator must satisfy the same public, educational,
and governmental access obligations as the City's franchised cable operator
by providing the same amount of channel capacity for public, educational,
and governmental access and by matching the City's franchised cable
operator's annual financial contributions in support of public, educational,
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and governmental access services, facilities, and equipment that are actually
used by the City. For in-kind contributions, such as cameras or production
studios, the open video system operator may satisfy its statutory obligation
by negotiating mutually agreeable terms with the City's franchised cable
operator, so that public, educational, and governmental access services to
the City are improved or increased. If such terms cannot be agreed upon,
the open video system operator must pay to the City the monetary
equivalent of the franchised cable operator's depreciated in-kind
contribution, or, in the case of facilities, the annual amortization value. Any
matching contributions provided by the open video system operator must be
used to fund activities arising under Section 611 of the Communications
Act.
(ii) The City will impose upon the open video system operator the same rules
and procedures that it imposes upon the franchised cable operator with
regard to the open video system operator's use of channel capacity
designated for public, educational, and governmental access use when that
capacity is not being used for such purposes.
e. The City's franchised cable operator is required under federal law to permit the
open video system operator to connect with its public, educational, and
governmental access channel feeds. The open video system operator and the
franchised cable operator may decide how to accomplish this connection, taking
into consideration the physical and technical characteristics of the cable and the
open video systems involved. If the franchised cable operator and the open
video system operator cannot agree on how to accomplish the connection, the
City has the right to decide. The City may require that the connection occur on
City -owned property or on public rights-of-way.
f. All costs of connection to the franchised cable operator's public, educational,
and governmental access channel feed must be borne by the open video system
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operator. These costs will be counted towards the open video system operator's
matching financial contributions set forth above in subparagraph (d)(i).
g. The City will not impose upon the open video system operator any public,
educational, or governmental access obligations that are greater than those
imposed upon the franchised cable operator.
h. If there is no existing franchised cable operator, the provisions of 47 CFR
76.1505(d)(6) will be applicable in determining the obligations of the open
video system operator.
i. The open video system operator must adjust its system to comply with new
public, educational, and access obligations imposed on the City's franchised
cable operator following a renewal of the cable television franchise; provided,
however, that the open video system operator will not be required to displace
other programmers using its open video system to accommodate public,
educational, and governmental access channels. The open video system
operator must comply with those new public, educational, and governmental
access obligations whenever additional capacity is or becomes available,
whether it is due to increased channel capacity or to decreased demand for
channel capacity.
5. If the City and the open video system operator cannot agree on the application of the
FCC's rules regarding the open video system operator's obligations to provide public, educational,
and governmental access under the provisions of subsection (4) set forth above, then either party
may file a complaint with the FCC in accordance with the dispute resolution procedures set forth
in 47 CFR 76.1514. No agreement will be executed by the City until the dispute has been finally
resolved.
6. If the open video system operator intends to maintain an institutional network, as
defined in Section 611(f) of the Communications Act, the City will require that educational and
governmental access channels be designated on that institutional network to the same extent that
those channels are designated on the institutional network of the City's franchised cable operator.
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In addition, to the extent authorized by federal law, the open video system operator may be
required by the City to satisfy the same financial obligations and other requirements that are
imposed upon the franchised cable operator to support data -transmission and related services that
are provided by the institutional network.
7 The authority of an open video system operator to exercise editorial control over any
public, educational, or governmental use of channel capacity will be restricted in accordance with
the provisions of 47 CFR 76.1505(f).
8. The obligation of the open video system operator to comply with all applicable
federal, state, and local statutes, ordinances, and regulations relating to customer service standards,
including those referenced in Section 5.16.080 of Article 2 of this chapter,
9. If new physical plant is proposed to be constructed within the City, the obligation of
the open video system operator to comply with the following rights-of-way use and management
responsibilities that are also imposed by the City upon other video and telecommunications service
providers in a nondiscriminatory and competitively neutral manner:
a. Compliance with all applicable City codes, including applications for
excavation, encroachment, and construction permits, and the payment of all
required permit and inspection fees.
b. The coordination of construction activities.
c. Compliance with established standards and procedures for constructing lines
across private property.
d. Compliance with all applicable insurance and indemnification requirements.
e. The repair and resurfacing of construction -damaged streets.
f. Compliance with all public safety requirements that are applicable to cable
television and telecommunications service providers using public property or
public rights-of-way.
10. Acts or omissions constituting breaches or defaults of the agreement, and the
applicable penalties, liquidated damages, and other remedies, including fines or the suspension,
revocation, or termination of the agreement.
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11. Requirements relating to the sale, assignment, or transfer of control of the open
video system.
12. Requirements relating to the open video system operator's compliance with and
implementation of state and federal laws, rules, and regulations pertaining to the operation of the
open video system.
13. Such additional requirements, conditions, terms, policies, and procedures as may be
mutually agreed upon by the City and the open video system operator and that will, in the
judgment of the City Council, best serve the public interest and protect the public health, welfare,
and safety.
ARTICLE 4. OTHER VIDEO AND TELECOMMUNICATIONS SERVICES AND
SYSTEMS
5.16.130 Other Multichannel Video Programming Distributors
The term "cable system," as defined in federal law and as set forth below in Section
5.16.170 of Article 5, does not include a facility that serves subscribers without using any public
rights-of-way. Consequently, the categories of multichannel video programming distributors
identified below are not deemed to be "cable systems" and are therefore exempt from the City's
franchise, lease, and license requirements and from certain other local regulatory provisions
authorized by federal law, provided that their distribution or transmission facilities do not involve
the use of the City's public rights-of-way.
A. Multichannel multipoint distribution service ("MHOS"), also known as "wireless
cable," which typically involves the transmission by an FCC -licensed operator of numerous
broadcast stations from a central location using line -of -sight technology.
B. Local multipoint distribution service ("LMDS"), another form of over -the -air wireless
video service for which licenses are auctioned by the FCC, and which offers video programming,
telephony, and data networking services.
C. Direct broadcast satellite ("DBS"), also referred to as "direct -to -home satellite
services," which involves the distribution or broadcasting of programming or services by satellite
directly to the subscriber's premises without the use of ground receiving or distribution equipment,
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except at the subscriber's premises or in the uplink process to the satellite. Local regulation of
direct -to -home satellite services is further proscribed by the following federal statutory provisions:
1, 47 U.S.C. § 303(v) confers upon the FCC exclusive jurisdiction to regulate the
provision of direct -to -home satellite services.
2. Section 602 of the Telecommunications Act of 1996 states that a provider of direct -
to -home satellite service is exempt from the collection or remittance, or both, of any tax or fee
imposed by any local taxing jurisdiction on direct -to -home satellite service. The terms "tax" and
"fee" are defined by federal statute to mean any local sales tax, local use tax, local intangible tax,
local income tax, business license tax, utility tax, privilege tax, gross receipts tax, excise tax,
franchise fees, local telecommunications tax, or any other tax, license, or fee that is imposed for
the privilege of doing business, regulating, or raising revenue for a local taxing jurisdiction.
5.16.140 Video Providers - Re2istration; Customer Service Standards
A. Unless the customer protection and service obligations of a video provider, as that term
is defined in Section 5.16.170 of Article 5, are specified in a franchise, license, lease, or similar
written agreement with the City, a video provider must comply with all applicable provisions of
the following state statutes:
1. The Cable Television and Video Customer Service and Information Act
(Government Code §§ 53054, et seq.).
2. The Video Customer Service Act (Government Code §§ 53088, et seq.).
B. All video providers that are operating in the City on the effective date of this Chapter
5.16, or that intend to operate in the City after the effective date of this chapter, and are not
required under applicable law to operate under a franchise, license, lease, or similar written
agreement with the City, must register with the City. The registration form must include or be
accompanied by the following:
1. The video provider's name, address, and local telephone numbers.
2. The names of the officers of the video provider.
3. A copy of the video provider's written policies and procedures relating to customer
service standards and the handling of customer complaints, as required by Government Code §§
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53054, et sem. These customer service standards must include, without limitation, standards
regarding the following:
a. Installation, disconnection, service and repair obligations, employee
identification, and service call response time and scheduling.
b. Customer telephone and office hours.
c. Procedures for billing, charges, refunds, and credits.
d. Procedures for termination of service.
e. Notice of the deletion of a programming service, a change in channel
assignments, or an increase in rates.
f. Complaint procedures and procedures for bill dispute resolution.
g. The video provider's written acknowledgment of its obligation under
Government Code §53055.1 to provide to new customers a notice describing
the customer service standards specified above in subparagraphs (a) through (f)
at the time of installation or when service is initiated. The notice must also
include, in addition to all of the information described above in subparagraphs
(a) through (f), all of the following:
(i) A listing of the services offered by the video provider that clearly describes
all levels of service and the rates for each level of service.
(ii) The telephone number or numbers through which customers may subscribe
to, change, or terminate service, request customer service, or seek general or
billing information.
(iii) A description of the rights and remedies that the video provider may make
available to its customers if the video provider does not materially meet its
customer service standards.
h. The video provider's written commitment to distribute annually to its employees
and customers, and to the City, a notice describing the customer service
standards specified above in subparagraphs (a) through (f). This annual notice
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must include the report of the video provider on its performance in meeting its
customer service standards, as required by Government Code § 53055.2.
4. Unless a video provider is exempt under federal law from its payment, a registration
fee in an amount established by resolution of the City Council to cover the reasonable costs
incurred by the City in reviewing and processing the registration form.
5. In addition to the registration fee specified above in subsection (4), the written
commitment of the video provider to pay to the City, when due, all costs and expenses reasonably
incurred by the City in resolving any disputes between the video provider and its subscribers,
which dispute resolution is mandated by Government Code § 53088.2(o).
C. The customer service obligations imposed upon video providers by the Video Customer
Service Act (Government Code §§53088 et seq.) consist of the following:
1, Every video provider must render reasonably efficient service, make repairs
promptly, and interrupt service only as necessary.
2. All video provider personnel contacting subscribers or potential subscribers outside
the office of the provider must be clearly identified as associated with the video provider.
3. At the time of installation, and annually thereafter, all video providers must provide
to all customers a written notice of the programming offered, the prices for that programming, the
provider's installation and customer service policies, and the name, address, and telephone number
of the City's office that is designated for receiving complaints.
4. All video providers must have knowledgeable, qualified company representatives
available to respond to customer telephone inquiries Monday through Friday, excluding holidays,
during normal business hours.
5. All video providers must provide to customers a toll-free or local telephone number
for installation, service, and complaint calls. These calls must be answered promptly by the video
providers.
6. All video providers must render bills that are accurate and understandable.
7 All video providers must respond promptly to a complete outage in a customer's
service. The response must occur within 24 hours of the reporting of that outage to the provider,
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except in those situations beyond the reasonable control of the video provider. A video provider
will be deemed to respond to a complete outage when a company representative arrives at the
outage location within 24 hours and begins to resolve the problem.
8. All video providers must provide a minimum of 30 days' written notice before
increasing rates or deleting channels. All video providers must make every reasonable effort to
submit the notice to the City in advance of its distribution to customers. The 30 -day notice is
waived if the increases in rates or deletion of channels are outside the control of the video
provider. In those cases, the video provider must make reasonable efforts to provide customers
with as much notice as possible.
9. All video providers must allow every residential customer who pays his or her bill
directly to the video provider at least 15 days from the date the bill for services is mailed to the
customer, to pay the listed charges unless otherwise agreed to pursuant to a residential rental
agreement establishing tenancy. Customer payments must be posted promptly. No video provider
may terminate residential service for nonpayment of a delinquent account unless the video
provider furnishes notice of the delinquency and impending termination at least 15 days prior to
the proposed termination. The notice must be mailed, postage prepaid, to the customer to whom
the service is billed. Notice must not be mailed until the 16th day after the date the bill for
services was mailed to the customer. The notice of delinquency and impending termination may
be part of a billing statement. No video provider may assess a late fee any earlier than the 22nd
day after the bill for service has been mailed.
10. Every notice of termination of service pursuant to the preceding subsection (9)
must include all of the following information:
a. The name and address of the customer whose account is delinquent.
b. The amount of the delinquency.
c. The date by which payment is required in order to avoid termination of service.
d. The telephone number of a representative of the video provider who can provide
additional information and handle complaints or initiate an investigation
concerning the service and charges in question. Service may only be terminated
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on days in which the customer can reach a representative of the video provider
either in person or by telephone.
11. Any service terminated without good cause must be restored without charge for the
service restoration. Good cause includes, but is not limited to, failure to pay, payment by check
for which there are insufficient funds, theft of service, abuse of equipment or system personnel, or
other similar subscriber actions.
12. All video providers must issue requested refund checks promptly, but no later than
45 days following the resolution of any dispute, and, if service is terminated, following the return
of the equipment supplied by the video provider.
13. All video providers must issue security or customer deposit refund checks
promptly, but no later than 45 days following the termination of service, less any deductions
permitted by law,
14. Video providers must not disclose the name and address of a subscriber for
commercial gain to be used in mailing lists or for other commercial purposes not reasonably
related to the conduct of the businesses of the video providers or their affiliates, unless the video
providers have provided to the subscriber a notice„ separate or included in any other customer
notice, that clearly and conspicuously describes the subscriber's ability to prohibit that disclosure.
Video providers must provide an address and telephone number for a local subscriber to use
without toll charge to prevent disclosure of the subscriber's name and address.
D. As authorized by Government Code §53088(q), the following schedule of penalties is
adopted. These penalties may be imposed for the material breach by a video provider of the
consumer protection and service standards that are set forth above in paragraph (C), provided that
the breach is within the reasonable control of the video provider. These penalties are in addition to
any other remedies authorized by this chapter or by any other law, and the City has discretion to
elect the remedy that it will apply. The imposition of penalties authorized by this paragraph (D)
will not prevent the City or any other affected party from exercising any other remedy to the extent
permitted by law, including but not limited to any judicial remedy as provided below in subsection
(2).
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1, Schedule of Penalties.
a. For a first material breach: the maximum penalty is $200 for each day of
material breach, but not to exceed a cumulative total of $600 for each
occurrence of material breach, irrespective of the number of customers affected.
b. For a second material breach of the same nature for which a monetary penalty
was previously assessed within the preceding 12 -month period: the maximum
penalty is $400 per day, not to exceed a cumulative total of $1,200 for each
occurrence of the material breach, irrespective of the number of customers
affected.
c. For a third or further material breach of the same nature for which a monetary
penalty was previously assessed within the preceding 12 -month period: the
maximum penalty is $1,000 per day, not to exceed a cumulative total of $3,000
for each occurrence of the material breach, irrespective of the number of
customers affected.
d. For the failure of a video provider to distribute the annual notice required by
Government Code 53055.1, the maximum penalty is $500 for each year in
which the notice is not distributed as required by state statute.
e. The maximum penalties referenced above may be increased by any additional
amount authorized by state law.
2. Judicial Remedies Not Affected.
The imposition of penalties in accordance with the provisions of subsection (1) above
does not preclude any affected party from pursuing any judicial remedy that is available to that
party.
3. Administration, Notice, and Appeal.
a. The City Manager or the City Manager's designee is authorized to administer
this paragraph (D). Decisions by the City Manager to assess penalties against a
video provider must be in writing and must contain findings supporting the
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decisions. Decisions by the City Manager are final, unless appealed to the City
Council.
b. If the video provider or any interested person is aggrieved by a decision of the
City Manager, the aggrieved party may, within 10 days of the written decision,
appeal that decision in writing to the City Council. The appeal letter must be
accompanied by the fee established by the City Council for processing the
appeal. The City Council may affirm, modify, or reverse the decision of the
City Manager.
c. The imposition of monetary penalties under subsection (1) above is subject to
the following requirements and limitations:
(i) The City must give the video provider written notice of any alleged material
breach and must allow the video provider at least 30 days from receipt of
that notice to remedy the breach.
(ii) For the purpose of assessing monetary penalties, a material breach will be
deemed to have occurred for each day, following the expiration of the
period for cure specified in subparagraph (i) above, that the material breach
has not been remedied by the video provider, irrespective of the number of
customers affected.
5.16.150 Antennas For Video and Telecommunications Services
Chapter 17.46 of Title 17 of this Code sets forth the City's regulatory requirements relating
to the siting and construction of antennas, television aerials, satellite dishes, and similar devices
that are commonly used in providing or receiving video and telecommunications services.
5.16.160 Telecommunications Service Provided By Telephone Corporations
A. The City Council finds and determines as follows:
1. The federal Telecommunications Act of 1996 preempts and declares invalid all state
rules that restrict entry or limit competition in both local and long-distance telephone service.
2. The California Public Utilities Commission ("CPUC") is primarily responsible for
the implementation of local telephone competition. The CPUC issues certificates of public
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convenience and necessity to new entrants that are qualified to provide competitive local telephone
exchange services and related telecommunications service, whether using their own facilities or
the facilities or services provided by other authorized telephone corporations.
3. Section 234(a) of the California Public Utilities Code defines a "telephone
corporation" as "every corporation or person owning, controlling, operating, or managing any
telephone line for compensation within this state."
4. Section 616 of the California Public Utilities Code provides that a telephone
corporation "may condemn any property necessary for the construction and maintenance of its
telephone line."
5. Section 2902 of the California Public Utilities Code authorizes municipal
corporations to retain their powers of control to supervise and regulate the relationships between a
public utility and the general public in matters affecting the health, convenience, and safety of the
general public, including such matters as the use and repair of public streets by any public utility
and the location of the poles, wires, mains, or conduits of any public utility on, under, or above
any public streets.
6. Section 7901 of the California Public Utilities Code authorizes telephone and
telegraph corporations to construct telephone or telegraph lines along and upon any public road or
highway, along or across any of the waters or lands within this state, and to erect poles, posts,
piers, or abutments for supporting the insulators, wires, and other necessary fixtures of their lines,
in such manner and at such points as not to incommode the public use of the road or highway or
interrupt the navigation of the waters.
7 Section 7901.1 of the California Public Utilities Code confirms the right of
municipalities to exercise reasonable control over the time, place, and manner in which roads,
highways, and waterways are accessed, which control must be applied to all entities in an
equivalent manner. Nothing in Section 7901.1 adds to or subtracts from any existing authority that
municipalities have with respect to the imposition of fees.
8. Section 50030 of the California Government Code provides that any permit fee
imposed by a city for the placement, installation, repair, or upgrading of telecommunications
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facilities, such as lines, poles, or antennas, by a telephone corporation that has obtained all
required authorizations from the CPUC and the FCC to provide telecommunications services,
must not exceed the reasonable costs of providing the service for which the fee is charged, and
must not be levied for general revenue purposes.
B. In recognition of and in compliance with the statutory authorizations and requirements
set forth above in paragraph (A), the following regulatory provisions are applicable to a telephone
corporation that desires to provide telecommunications service by means of facilities that are
proposed to be constructed within the City's public rights-of-way:
1. The telephone corporation must apply for and obtain, as may be applicable, an
excavation permit, an encroachment permit, or a building permit ("ministerial permit.")
2. In addition to the information required by this Code in connection with an
application for a ministerial permit, a telephone corporation must submit to the City the following
supplemental information:
a. A copy of the certificate of public convenience and necessity issued by the
CPUC to the applicant, and a copy of the CPUC decision that authorizes the
applicant to provide the telecommunications service for which the facilities are
proposed to be constructed in the City's public rights-of-way. Any applicant
that, prior to 1996, provided telecommunications service under administratively
equivalent documentation issued by the CPUC may submit copies of that
documentation in lieu of a certificate of public convenience and necessity.
b. If the applicant has obtained from the CPUC a certificate of public convenience
and necessity to operate as a "competitive local carrier," the following
additional requirements are applicable:
(i) As required by Decision No. 95-12-057 of the CPUC, the applicant must
establish that it has filed with the City in a timely manner a quarterly report
that describes the type of construction and the location of each construction
project proposed to be undertaken in the City during the calendar quarter in
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which the application is filed, which information is sufficient to enable the
City to coordinate multiple projects, as may be necessary.
(ii) If the applicant's proposed construction project will extend beyond the
utility rights-of-way into undisturbed areas or other rights-of-way, the
applicant must establish that it has filed a petition with the CPUC to amend
its certificate of public convenience and necessity and that the proposed
construction project has been subjected to a full-scale environmental
analysis by the CPUC, as required by Decision No. 95-12-057 of the CPUC.
(iii)The applicant must inform the City whether its proposed construction
project will be subject to any of the mitigation measures specified in the
Negative Declaration ["Competitive Local Carriers (CLCs) Projects for
Local Exchange Communication Service throughout California"] or to the
Mitigation Monitoring Plan adopted in connection with Decision No. 95-
12-057 of the CPUC. The City's issuance of a ministerial permit will be
conditioned upon the applicant's compliance with all applicable mitigation
measures and monitoring requirements imposed by the CPUC upon
telephone corporations that are designated as "competitive local carriers."
C. In recognition of the fact that numerous excavations in the public rights-of-way
diminish the useful life of the surface pavement, and for the purpose of mitigating the adverse
impacts of numerous excavations on the quality and longevity of public street maintenance within
the City, the following policies and procedures are adopted:
1, The City Manager is directed to ensure that all public utilities, including telephone
corporations, comply with all local design, construction, maintenance and safety standards that are
contained within, or are related to, a ministerial permit that authorizes the construction of facilities
within the public rights-of-way.
2. The City Manager is directed to coordinate the construction and installation of
facilities by public utilities, including telephone corporations, in order to minimize the number of
excavations in the public rights-of-way. In this regard, based upon projected plans for street
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construction or renovation projects, the City Manager is authorized to establish on a quarterly
basis one or more construction time periods or "windows" for the installation of facilities within
the public
rights-of-way.
Telephone
corporations and
other
public utilities
that
submit
applications
for ministerial
permits to
construct facilities
after a
predetermined
date
may be
required to delay such construction until the next quarterly "window" that is established by the
City.
ARTICLE 5. DEFINITIONS
5.16.170 Defined Terms and Phrases
A. The words, terms, phrases, and their derivations set forth in this chapter have the
meanings set forth below. Words used in the present tense include the future tense, and words in
the singular include the plural number.
"Affiliate" means, when used in relation to any person, another person who owns or
controls, is owned or controlled by, or is under common ownership or control with, such person.
For purposes of this definition, the term "own" means to own an equity interest, or its equivalent,
of 10 percent or more.
"Cable service" means the one-way transmission to subscribers of video programming, or
other programming services, and subscriber interaction, if any, that is required for the selection or
use of that video programming or other programming service. For the purposes of this definition,
"video programming" means programming provided by, or generally considered comparable to
programming provided by, a television broadcast station; and "other programming service" means
information that a cable system operator makes available to all subscribers generally.
"Cable system," or "cable communications system" or "cable television system," means a
facility, consisting of a set of closed transmission paths and associated signal generation,
reception, and control equipment that is designed to provide cable service that includes video
programming and that is provided to multiple subscribers within a community. The term "cable
system" does not include:
(i) a facility that serves only to retransmit the television signals of one or more television
broadcast stations;
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(ii) a facility that serves subscribers without using any public right-of-
way;
(iii) a facility of a common carrier that is subject, in whole or in part, to
the provisions of Title 11 of the Communications Act, except that
such facility will be considered a cable system (other than for
purposes specified in Section 621(c) of the Communications Act)
to the extent such facility is used in the transmission of video
programming directly to subscribers, unless the extent of such use
is solely to provide interactive on -demand services;
(iv) an open video system that complies with Section 653 of the
Communications Act; or
(v) any facilities of an electric utility that are used solely for operating
its electric utility system.
"Cable system operator" means any person or group of persons:
(i) who provides cable service over a cable system and directly or
through one or more affiliates owns a significant interest in that
cable system; or
(ii) who otherwise controls or is responsible for, through any
arrangement, the management and operation of that cable system.
"City" means the City of Hermosa Beach as represented by its City Council or by any
delegate acting within the scope of its delegated authority.
"_ CFR _" means the Code of Federal Regulations. Thus, the citation of "47 CFR
80.1" refers to Title 47, part 80, section 1, of the Code of Federal Regulations.
"Communications Act" means the Communications Act of 1934 (47 U.S.C. §§ 151, et
SeMc .), as amended by the Cable Communications Policy Act of 1984, the Cable Television
Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996.
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"FCC" or "Federal Communications Commission" means the federal administrative
agency, or any lawful successor, that is authorized to regulate telecommunications services and
telecommunications service providers on a national level.
"Franchise" means an initial authorization, or the renewal of an initial authorization,
granted by the City Council, whether such authorization is designated as a franchise, agreement,
permit, license, resolution, contract, certificate, or otherwise, that authorizes the construction or
operation of a cable system or an open video system.
"Franchise fee" means any tax, fee or assessment of any kind that is authorized by state or
federal law to be imposed by the City on a Grantee as compensation in the nature of rent for the
Grantee's use of the public rights-of-way. The term "franchise fee" does not include:
(i) any tax, fee, or assessment of general applicability (including any
such tax, fee, or assessment imposed on both utilities and Grantees
or their services);
(ii) capital costs that are required by the franchise to be incurred by a
Grantee for public, educational, or governmental access facilities;
(iii) costs or charges that are incidental to the award or enforcement of
the franchise, including payments for bonds, security funds, letters
of credit, insurance, indemnification, penalties, or liquidated
damages; or
(iv) any fee imposed under Title 17, United States Code.
"Franchise service area" or "service area" means the entire geographic area of the City as it
is now constituted, or may in the future be constituted, unless otherwise specified in the resolution
granting a franchise, or in a franchise agreement.
"Grantee" means any person that is awarded a franchise in accordance with this chapter,
and that person's lawful successor, transferee, or assignee.
"Gross annual cable service revenues" means, as applied to the Grantee of a cable
television franchise, the annual gross revenues received by a Grantee from all operations of its
cable television system to provide cable services within the City, excluding uncollected bad debt,
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refundable deposits, rebates or credits, and further excluding any sales, excise, or other taxes or
charges that are required to be collected for direct pass-through to the local, state, or federal
government. Revenues identified and collected from subscribers as franchise fees may not be
excluded from a Grantee's gross annual cable service revenues, unless otherwise provided by
federal law.
"Multichannel video programming distributor" or "video programming distributor" means
a person such as, but not limited to, a cable system operator, an open video system operator, a
multichannel multipoint distribution service, a direct broadcast satellite service, or a television
receive -only satellite program distributor, who makes available multiple channels of video
programming for purchase by subscribers or customers.
"Open video system" means a facility consisting of a set of transmission paths and
associated signal generation, reception, and control equipment that is designed to provide cable
service, including video programming, and that is provided to multiple subscribers within the City,
provided that the FCC has certified that such system is authorized to operate in the City and
complies with 47 CFR 76.1500 et sec ., entitled "Open Video Systems."
"Open video system operator" means any person or group of persons who provides cable
service over an open video system and directly or through one or more affiliates owns a significant
interest in that open video system, or otherwise controls or is responsible for the management and
operation of that open video system.
"Person" means an individual, partnership, limited liability company, association, joint
stock company, trust, corporation, or governmental entity.
"Public, educational or government access facilities" or "PEG access facilities," means the
total of the following:
(i) channel capacity designated for noncommercial public, educational,
or government use; and
(ii) facilities and equipment for the use of that channel capacity.
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"Subscriber" or "customer" or "consumer" means any person who, for any purpose,
subscribes to the services provided by a multichannel video programming distributor and who
pays the charges for those services.
"Street" or "public way" means each of the following that has been dedicated to the public
and maintained under public authority or by others and is located within the City limits: streets,
roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way, and similar
public property that the City from time to time authorizes to be included within the definition of a
street.
"Telecommunications" means the transmission, between or among points specified by the
user, of information of the user's choosing, without change in the form or content of the
information as sent and received.
"Telecommunications equipment" means equipment, other than customer premises
equipment, used by a telecommunications service provider to provide telecommunications service,
including software that is integral to that equipment.
"Telecommunications service" means the offering of telecommunications directly to the
public for a fee, or to such classes of users as to be effectively available directly to the public,
regardless of the equipment or facilities that are used.
"Telecommunications service provider" means any provider of telecommunications
service.
" U.S.C. § " means the United States Code. Thus, the citation of "47 U.S.C. §
153" refers to Title 47, section 153, of the United States Code.
"Video programming provider" means any person or group of persons who has the right
under the federal copyright laws to select and to contract for the carriage of specific video
programming on a cable system or an open video system.
"Video provider" means any person, company, or service that provides one or more
channels of video programming to a residence, including a home, multi -family dwelling complex,
congregate -living complex, condominium, apartment, or mobilehome, where some fee is paid for
that service, whether directly or as included in dues or rental charges, and whether or not public
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rights-of-way are used in the delivery of that video programming. A "video provider" includes,
without limitation, providers of cable television service, open video system service, master
antenna television, satellite master antenna television, direct broadcast satellite, multipoint
distribution services, and other providers of video programming, whatever their technology.
B. Unless otherwise expressly stated, words, terms, and phrases not defined in this
Chapter 5.16 will be given their meaning as used in Title 47 of the United States Code, as
amended, and, if not defined in that Code, their meaning as used in Title 47 of the Code of Federal
Regulations.
ARTICLE 6. VIOLATIONS; SEVERABILITY
5.16.180 Violations; Enforcement
A. Any person who violates any provision of this chapter is guilty of a misdemeanor and is
punishable as provided for in Chapter 1.01 of Title 1 of this Code.
B. The misdemeanor penalty specified above in paragraph (A) is not applicable to a
violation of any provision of this chapter for which another sanction or penalty may be imposed
under any franchise, license, lease, or similar written agreement between the City and a
multichannel video programming distributor or telecommunications service provider,
C. The City may initiate a civil action in any court of competent jurisdiction to enjoin any
violation of this chapter.
5.16.190 Severability
If any provision of this chapter is determined by any court of competent jurisdiction, or by
any federal or state agency having jurisdiction over its subject matter, to be invalid and in conflict
with any paramount federal or state law or regulation now or hereafter in effect, or is determined
by that court or agency to require modification in order to conform to the requirements of that
paramount law or regulation, then that provision will be deemed a separate, distinct, and
independent part of this chapter, and such determination will not affect the validity and
enforceability of any other provisions. If that paramount federal or state law or regulation is
subsequently repealed or amended so that the provision of this chapter determined to be invalid or
subject to modification is no longer in conflict with that law or regulation, then that provision will
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again become effective and will thereafter be binding on the City and any affected video or
telecommunications service provider; provided, however, that the City must give the affected
video or telecommunications service provider 30 days written notice of that change before
requiring compliance with that provision, or such longer period of time as may reasonably be
required for the video or telecommunications service provider to comply with that provision."
SECTION 3. Notwithstanding any provisions to the contrary set forth in this ordinance,
Chapter 5.16, entitled "Cable Television Systems," and Chapter 5.17, entitled "Cable Television
Consumer Protection Standards," both of which were previously codified in Title 5 of the
Municipal Code, will continue in full force and effect as uncodified ordinances of the City. These
uncodified ordinances will continue to be applicable to the existing cable television franchise
agreement between the City and its franchised cable operator, Century -TCI California, L.P., a
Delaware limited partnership, dba Adelphia Communications Corporation, and they are subject to
repeal by the City Council at such time as Century -TCI California, L.P., dba Adelphia
Communications Corporation, executes an amendment to the existing cable television franchise
agreement, or executes a cable television franchise renewal agreement, the terms of which subject
the franchised cable operator to Chapter 5.16 of Title 5, as adopted by this ordinance.
SECTION 4. This ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 5. Pursuant to Government Code § 36933(c)(1), a summary of this ordinance
was published in the Easy Reader, a weekly newspaper of general circulation published and
circulated, in the City of Hermosa Beach five days before adoption. Prior to the expiration of
fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be
published in the Easy Reader, a weekly newspaper of general circulation published and circulated,
in the City of Hermosa Beach in the manner provided by law.
SECTION 6. The City Clerk shall certify to the passage and adoption of this ordinance,
shall enter the same in the book of original ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
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PASSED, APPROVED and ADOPTED this 10th of January 2006 by the following vote:
AYES: Edgerton, Keegan, Reviczky, Mayor Tucker
NOES: None
ABSENT- None
ABSTAIN: None r2 -
PRESIDENT of the City Council and MAYOR 9f the City
ATTEST-
'City
TTEST•
jCity Clerk
Beach, California
48
06-1259
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 06-1259 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 10th of January 2006, and a
summary of said ordinance was published in the Easy Reader newspaper on January 5,
2006, and on January 19, 2006.
The vote was as follows:
AYES: Keegan, Reviczky, Mayor Tucker
NOES: None
ABSENT- Edgerton
ABSTAIN: None
DATED: February 14, 2006
City Clerk
0
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
easyreader@easyreader.info
Proof of Publication of:
CITY OF HERMOSA BEACH
Ordinance 06-1259
HC06-004
PROOF OF PUBLICATION
(2015.5C.C.P.)
o• f
STATE OF CALIFORNIA,
City Of
County of Los Angeles,
i Hermosa Beach
I am a citizen of the United States and a resident of the
ORDINANCE
NO.
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
AN ORDINANCE OF THE CITY
am the principal clerk of the printer of the BEACH
FORNIEA, REGULATINGMOSA
PEOPLE'S EASY READER-REDONDO BEACH
CABLE, VIDEO, AND
TELECOMMUNICATIONS
HOMETOWN NEWS, a newspaper of general
SERVICE PROVIDERS,
REDESIGNAMNG CHAPTERS
circulation, published WEEKLY in the City of
5.16 AND 5.17 OF TITLE 5 AS
HERMOSA BEACH, County of Los Angeles, and which
UNCODIFIED ORDINANCES,
AND AMENDING TITLE 5 OF
newspaper has been adjudged a newspaper of general
THE
ODE BEACH
MUNICIPAL HERMOSA
ABY
circulation by the Superior Court of the County of Los
ADDING A NEW CHAPTER
Angeles, State of California, under the date of October 24,
5.16
1972, Case Number SWC 22940 and October 3, 1989,
SUNO. �OF OR9NANCE
Case Number SWC 108772, and that the notice, of which
Ordinance No. 06-1259 is a
the annexed is a printed copy (set in type not smaller that
comprehensive ordinance gov-
nonpareil),has been published in each regular and entire
p $
erninge.
cable television) franchisin n
cabetelecommunications franchising
issue of said newspaper and not in an supplement thereof
y pp
the City. The Ordinance
replaces in its entirety the exist -
on the following dates, to -wit:
ing telecommunications chapter
in the Municipal Code (Chapter
5.16), and provides regulations
that are both up to date and
compliant with state and federal
January 19
laws governing telecommunica-
tions. The Ordinance address-
es procedural requirements- for
ALL IN THE YEAR 2006
the grant of franchises, con-
struction and design of sys-
terns, operating requirements,
payment of franchise fees, cus-
tomer service standards and
I certify (or declare) under penalty of perjury that
similar matters as to which fed -
eral law allows municipal regu-
the foregoing is true and correct.
frranchislsfuissued byline television
are subject to the requirements
of Ordinance No.06-1259. A full
copy of Ordinance No.06-1259
Signed at HERMOSA BEACH
g > CALIFORNIA,
is evadable for review in the City 1
' Clerk's office.
Ordinance No. 06-1259 was
adopted on January 10, 2006
This 19th day of January, 2006
by the following vote:
AYES: Edgerton, Keegan,
Tucker, Yoon,
Mayor Reviczky
NOES: None
ABSENT: None
ABSTAIN: None
•
Beverlyorse, incipal Verk
Easy Reader IrdRedondo
Beach Hometown News/
January 19, 200M4006.004
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ORDINANCE NO. 06-1260
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, GRANTING A NON-EXCLUSIVE
FRANCHISE TO PROVIDE CABLE SERVICE TO VERIZON
CALIFORNIA, INC.
WHEREAS, the City of Hermosa Beach is a "Franchising Authority" as defined by Title
VI of the Communications Act (see 47 U.S.C. § 522(10)) and is authorized to grant one or more
nonexclusive cable franchises pursuant to California Government Code § 53066 and Section
5.16.040 of the City of Hermosa Beach Municipal Code;
WHEREAS, Verizon California, Inc. ("Franchisee") is in the process of planning and
installing a Fiber to the Premise Telecommunications Network ("FTTP Network") that will
occupy the Public Rights -of -Way within the City of Hermosa Beach for the transmission of non -
cable services pursuant to its status as a telecommunications carrier as set forth in Title II of the
Communications Act and under authority granted by the State of California;
WHEREAS, the FTTP Network, once installed, will enable the provision of cable service
to the residents of Hermosa Beach;
WHEREAS, negotiations between the Franchising Authority and the Franchisee have
resulted in a franchise agreement, which agreement comports with the requirements of applicable
law;
WHEREAS, notice of public hearing before the City Council to consider the proposed
cable franchise agreement was properly published in the Easy Reader on November 24 and
December 1, 2005, in accordance with California Government Code § 6066 and § 53066.3(a);
WHEREAS, the Franchising Authority has reviewed the legal, technical and financial
qualifications of the Franchisee to operate and provide cable service within the City and
Franchising Authority's staff has prepared a Staff Report dated December 13, 2005 ("Staff
Report") setting forth those qualifications, the future cable -related needs and interest of the City of
Hermosa Beach and its residents, and examining each of the requirements and criteria set forth by
federal, state and local law with respect to granting an additional cable television franchise, as well
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as any applicable provisions in existing franchises; and
WHEREAS, after receiving the comments of interested parties at a public hearing
affording due process to all parties, in deliberation of the entire record regarding this matter before
it, including other pertinent information, and specifically considering each of the requirements and
criteria enumerated in California Government Code § 53066.3(a), 47 U.S.C. § 541(a), and all other
applicable provisions of law, as well as any applicable provisions in existing franchises, the
Franchising Authority determines that it is in the public interest to approve the proposed cable
television franchise agreement and authorize and direct the execution of the proposed Franchise
Agreement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council concludes that the cable -related needs and interests of the
City of Hermosa Beach, California and the Franchisee's legal, technical, and financial
qualifications to operate and provide cable service within the City are accurately identified by the
attached Staff Report. The Staff Report, as well as the supporting evidence presented at the public
hearing on December 13, 2005, is hereby adopted by the Franchising Authority in its entirety as its
ascertainment of the cable -related needs and interests of the City, the Franchisee's qualifications to
operate and provide cable service within the City. The Staff Report and evidence also supports the
Franchising Authority's consideration of each of the requirements and criteria enumerated in
California Government Code § 53066.3(a), 47 U.S.C. § 541(a), all other applicable provisions of
law, as well as any applicable provision in existing franchises.
SECTION 2. The Franchising Authority determines that it is in the public interest to grant
a nonexclusive franchise to operate and provide cable service to Verizon California, Inc. As
evidence of its consideration of each of the factors enumerated in California Government Code §
53066.3(a), 47 U.S.C. § 541(a)(3), all other applicable provisions of law, as well as any applicable
provisions in existing franchises, the Franchising Authority hereby adopts the Findings of Fact in
the attached Staff Report in support of this determination.
SECTION 3. The Franchising Authority authorizes the grant of a nonexclusive franchise
to the Franchisee to operate and provide cable service within the City. This authorization is made
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in accordance with the applicable provisions of California Government Code § 53066.3 and Title
VI of the Communications Act. A copy of the Franchise Agreement in the form set forth presented
and amended at a public hearing on December 13, 2005, is attached and will be retained in the
office of the City Clerk for the purpose of public inspection.
SECTION 4. That certain Franchise Agreement in the form set forth and presented to the
City Council at this public hearing is approved, and the City Manager is authorized and directed to
execute that agreement on behalf of the Franchising Authority following its execution by the
Franchisee.
SECTION 5. The effective date of the Franchise Agreement shall be the date set forth
therein.
SECTION 6. Notice of Adoption. The City Clerk of the City of Hermosa Beach shall
certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general
circulation and published and circulated in the City in a manner permitted under Section 36033 of
the California Government Code.
SECTION 7. This Ordinance shall become effective thirty (30) days after the date of its
adoption.
PASSED, APPROVED and ADOPTED this 10th of January 2006 by the following vote:
AYES: Edgerton, Keegan, Reviczky, Mayor Tucker
NOES: None
ABSENT- None
ABSTAIN: None
PRESIDENT of the City Council and MAYOR of/the City of Hermosa Beach, California
ATTEST- APPROVED AS TO FORM:
City Clerk V U City Attorney
3 06-1260 1
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 06-1260 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 10th of January 2006, and said
ordinance was published in the Easy Reader newspaper on January 19, 2006.
The vote was as follows:
0, AYES: Edgerton, Keegan, Reviczky, Mayor Tucker
NOES: None
ABSENT- None
ABSTAIN: None
DATED: January 24, 2006
-11
•
01,
Hermosa Beach
CABLE FRANCHISE AGREEMENT
BETWEEN THE
CITY OF HERMOSA BEACH
I: zG1
VERIZON CALIFORNIA INC.
2006
•
4
•
ARTICLE
TABLE OF CONTENTS
PAGE
1.
DEFINITIONS, .............. ..... ....... ..... ..... ........ ........ .................. ....... 2
2.
GRANT OF AUTHORITY; LIMITS AND RESERVATIONS .........................
........ 7
3.
PROVISION OF CABLE SERVICE ....................................... ..:............: :..................
8
4.
SYSTEM OPERATION...,. ....... ...... ....... ...... ....... .... ....... ..............10
5.
SYSTEM FACILITIES ............ ........ ......... ....... ....... .................................10
6.
PEG SERVICES ............ .......... ...... ..... ........... ...... ..... .....
........10
7
FRANCHISE FEES ..... ...... ......... ....... ...... ..........................................13
8.
CUSTOMER SERVICE ........ ... ....... ... ... ...
... 14
9.
REPORTS AND RECORDS ............ ...................... .............................. ..................14
10.
INSURANCE AND INDEMNIFICATION ........ ............ .......................................16
11.
TRANSFER OF FRANCHISE. ...... .... .... ... ....... ...
..18
12.
RENEWAL OF FRANCHISE ...... .........................................................................18
13.
ENFORCEMENT AND TERMINATION OF FRANCHISE .... .................. .........
..18
• 14.
MISCELLANEOUS PROVISIONS...... ......... .... ..... ..... ...
......21
EXHIBIT A - SERVICE AREA .......... .... ... ..... ....... ....
....... 25
EXHIBIT B - MUNICIPAL BUILDINGS TO BE PROVIDED FREE CABLE
SERVICE................................................................................................................... 26
EXHIBIT C - PEG CHANNELS ... .... ....... ........... ........ .....
........ 27
EXHIBIT D - CONSUMER PROTECTION AND SERVICE STANDARDS .............
28
'41
Hermosa Beach
I
THIS CABLE FRANCHISE AGREEMENT (the "Franchise" or "Agreement") is entered
into by and between the City of Hermosa Beach, a duly organized city under the applicable laws
of the State of California (the Local Franchising Authority or "LFA") and Verizon California
Inc., a corporation duly organized under the' applicable laws of the State of California (the
"Franchisee").
WHEREAS, LFA wishes .to grant Franchisee a nonexclusive franchise to construct,
install, maintain, extend and operate a cable communications system in the Franchise Area as
designated in this Franchise;
WHEREAS, LFA is a "franchising authority" in accordance with Title VI of the
Communications Act (see 47 U.S.C. §522(10)) and is authorized to grant one or more
nonexclusive cable franchises pursuant to applicable law;
WHEREAS, Franchisee is in the process of installing a Fiber to the Premise
Telecommunications Network ("FTTP Network") in the Franchise Area for the transmission of
Non -Cable Services pursuant to authority granted by the State of California and Title 5, Chapter
5.16 of the Hermosa Beach Municipal Code;
WHEREAS, the FTTP Network will occupy the Public Rights -of -Way within LFA, and
Franchisee desires to use portions of the FTTP Network once installed to provide Cable Services
(as hereinafter defined) in the Franchise Area;
is
WHEREAS, LFA has identified the future cable -related needs and interests of LFA and
its citizens, has considered the financial, technical and legal qualifications of Franchisee, and has
determined that Franchisee's plans for its Cable System are adequate, in a full public proceeding
affording due process to all parties;
WHEREAS, LFA has found Franchisee to be financially, technically and legally
qualified to operate the Cable System;
WHEREAS, LFA has determined that, in accordance with the provisions of the Cable
Ordinances, the grant of a nonexclusive franchise to Franchisee is consistent with the public
interest; and
WHEREAS, LFA and Franchisee have reached agreement on the terms and conditions
set forth herein and the parties have agreed to be bound by those terms and conditions.
NOW, THEREFORE, in consideration of LFA's grant of a franchise to Franchisee,
Franchisee's promise to provide Cable Service to residents of the Franchise/Service Area of LFA
pursuant to and consistent with the Cable Ordinances, pursuant to the terms and conditions set
forth herein, the promises and undertakings herein, and other good and valuable consideration,
the receipt and the adequacy of which are hereby acknowledged,
THE SIGNATORIES DO HEREBY AGREE AS FOLLOWS:
Hermosa Beach 1
1. DEFINITIONS
Except as otherwise provided herein, the definitions and word usages set forth in the
Cable Ordinances are incorporated herein and shall apply in this Agreement. In addition, the
following definitions shall apply:
1.1. Access Channel: A video Channel, which Franchisee shall make
available to LFA without charge for non-commercial public, educational, or governmental use
for the transmission of video programming as directed by LFA.
1.2. Affiliate: Any Person who, directly or indirectly, owns or controls, is
owned or controlled by, or is under common ownership or control with, Franchisee.
1.3. Basic Service: Any service tier, which includes the retransmission of
local television broadcast signals as well as the PEG Channels required by this Franchise.
1.4. Cable Ordinances: Title 5, Chapters 5.16 and 5.17 of the Hermosa
Beach Municipal Code, in effect as of the date hereof, and any future enacted additions or
revisions to same, including but not limited to, "An Ordinance Of The City Of Hermosa Beach
Regulating Cable, Video, And Telecommunications Service Providers, Redesignating Chapters
5.16 And 5.17 Of Title 5 As Uncodified Ordinances, And Amending Title 5 Of The Hermosa
Beach Municipal Code By Adding A New Chapter 5.16," all to the extent authorized under and
consistent with federal and state law.
• 1.5. Cable Service or Cable Services: Shall be defined herein as it is defined
under Section 602 of the Communications Act, 47 U.S.C. § 522(6).
1.6. Cable System or System: Shall be defined herein as it is defined under
Section 602 of the Communications Act, 47 U.S.C. § 522(7), meaning Franchisee's facility,
consisting of a set of closed transmission paths and associated signal generation, reception, and
control equipment that. is designed to provide Cable Service which includes video programming
and which is provided to multiple Subscribers within the Service Area. The Cable System shall
be limited to the optical spectrum wavelength(s), bandwidth or future technological capacity that
is used for the transmission of Cable Services directly to Subscribers within the
Franchise/Service Area and shall not include the tangible network facilities of a common carrier
subject in whole or in part to Title II of the Communications Act or of an Information Services
provider.
1.7. Channel: Shall be defined herein as it is defined under Section 602 of
the Communications Act, 47 U.S.C. § 522(4).
1.8. Communications Act: The Communications Act of 1934, as amended.
1.9. Control: The ability to exercise de facto or de jure control over day-to-
day policies and operations or the management of corporate affairs.
1.10. Educational Access Channel: An Access Channel available for the use
solely of the local public schools in the Franchise Area.
Hermosa Beach 2
1.11. FCC: The United States Federal Communications Commission, or
successor governmental entity thereto.
1.12. Force Majeure: An event or events reasonably beyond the ability of
Franchisee to anticipate and control. This includes, but is not limited to, acts of God, incidences
of terrorism, war or riots, labor strikes or civil disturbances, floods, earthquakes, fire, explosions,
epidemics, hurricanes, tornadoes, governmental actions and restrictions, work delays caused by
waiting for utility providers to service or monitor utility poles to which Franchisee's FTTP
Network is attached, and unavailability of materials and/or qualified labor to perform the work
necessary.
1.13. Franchise Area: The incorporated area (entire existing territorial limits)
of LFA and such additional areas as may be included in the corporate (territorial) limits of LFA
during the term of this Franchise.
1.14. Franchisee: Verizon California Inc., and its lawful and permitted
successors, assigns and transferees.
1.15. Government Access Channel: An Access Channel available for the sole
use of LFA.
1.16. Gross Revenue: All revenue that Franchisee and its Affiliates (to the
extent that either is acting as a provider of Cable Service authorized by this Franchise) derives
• from the operation of Franchisee's Cable System to provide Cable Service in the Service Area,
including but not limited to all Subscriber and customer revenues earned or accrued net of bad
debts including revenue for: (i) Basic Service; (ii) all fees charged to any Subscribers for any
and all Cable Service provided by Franchisee, including without limitation Cable Service related
program guides, the installation, disconnection or reconnection of Cable Service; revenues from
late or delinquent charge fees; Cable Service related service or repair calls; the provision of
converters, remote controls, additional outlets and/or other Cable Service related Subscriber
premises equipment, whether by lease or otherwise (except sale); (iii) revenues from the sale or
lease of Access Channel(s) or Channel capacity; (iv) advertising revenues (as described below);
and (v) revenues from home shopping Channel providers. Gross Revenue also includes franchise
fees imposed on Franchisee by LFA that are passed through from Franchisee as a line item paid
by Subscribers. Revenue of an Affiliate derived from the Affiliate's provision of Cable Services
shall be Gross Revenue to the extent the treatment of such revenue as revenue of the Affiliate
and not of Franchisee has the intentional or unintentional effect of evading the payment of
Franchise fees that would otherwise be payable to LFA hereunder. Advertising commissions
paid to third parties shall not be netted against advertising revenue included in Gross Revenue.
In no event shall revenue of an Affiliate be Gross Revenue of Franchisee if such revenue is
subject to franchise fees to be paid to LFA for Cable Services. Advertising revenue is based
upon the ratio of the number of Subscribers as of the last day of the period for which Gross
Revenue is being calculated to the number of Franchisee's subscribers within all areas covered
by the particular advertising source as of the last day of such period, e.g., Franchisee sells two
ads: Ad "A" is broadcast nationwide; Ad `B" is broadcast only within California. Franchisee
• has 100 Subscribers in LFA, 500 subscribers in California, and 1000 subscribers nationwide.
Gross Revenue as to LFA from Ad "A" is 10% of Franchisee's revenue therefrom. Gross
Hermosa Beach 3
Revenue as to LFA from Ad `B" is 20% of Franchisee's revenue therefrom_. Gross Revenue
shall not include:
1.16.1. Revenues received by any Affiliate or other Person in exchange for
supplying goods or. services used by Franchisee to provide Cable Service over the Cable System;
1.16.2. Bad debts written off by Franchisee in the normal course of its
business, provided;°however, that bad debt recoveries shall be included in Gross Revenue during
the period collected;
1.16.3. Refunds, rebates or discounts made to Subscribers or other third
parties;
1.16.4. Any revenues classified, in whole or in part, as Non -Cable
Services revenue under federal or state law including, without limitation, revenue received from
Telecommunications Services; revenue received from Information Services, including, without
limitation, Internet Access service, electronic mail service, electronic bulletin board service, or
similar online computer services; charges made to the public for commercial or cable television
that is used for two-way communication; and any other revenues attributed by Franchisee to
Non -Cable Services in accordance.with FCC or state public utility regulatory commission rules,
regulations, standards or orders;
1.16.5. Any revenue of Franchisee or any other Person which is received
• directly from the sale of merchandise through any Cable Service distributed over the Cable
System, notwithstanding that portion of such revenue which represents or can be attributed to a
Subscriber fee or a payment for the use of the Cable System for the sale of such merchandise,
which portion shall be included in Gross Revenue;
1.16.6. The sale of Cable Services on the Cable System for resale in which
the purchaser is required to collect cable franchise fees from purchaser's customer;
1.16.7, The sale of Cable Services to -customers, which are exempt, as
required or allowed by LFA including, without limitation, the provision of Cable Services to
public institutions as required or permitted herein;
1.16.8. Any tax of general applicability imposed upon Franchisee or upon
Subscribers by a city, state, federal or any other governmental entity and required to be collected
by Franchisee and remitted to the taxing entity (including, but not limited to, sales/use tax, gross
receipts tax, excise tax, utility users tax, public service tax, communication taxes and non -cable
franchise fees);
1.16.9. Any foregone revenue which Franchisee chooses not to receive in
exchange for its provision of free or reduced cost cable or other communications services to any
Person, including without limitation, employees of Franchisee and public institutions or other
institutions designated in the Franchise; provided, however, that such foregone revenue which
Franchisee chooses not to receive in exchange for trades, barters, services or other items of value
• shall be included in Gross Revenue;
Hermosa Beach 4
1.16.10. Sales of capital assets or sales of surplus equipment;
•1.16.11. Reimbursement by programmers of marketing costs incurred by
Franchisee for the introduction and promotion of programming;
1.16.12. Directory or Internet advertising revenue including, but not
limited to, yellow page, white page, banner advertisement and electronic publishing;
-1.16.13. Any --fees or .charges collected from Subscribers or other third
parties for PEG Grant payments.
1.17. Information Services: Shall be defined herein as it is defined under
Section 3 of the Communications Act, 47 U.S.C. § 153(20).
1.18. Internet Access: Dial-up or broadband access service that enables
Subscribers to access the Internet.
1.19. Initial Service Area: The portion of the Franchise Area as outlined in
Exhibit A.
1.20. Local Franchise Authority (LFA): The City of Hermosa Beach,
California or the lawful successor, transferee, or assignee thereof.
1.21. Non -Cable Services: Any service that does not constitute the provision
• of Video Programming directly to multiple Subscribers in the Franchise Area including, but not
limited to, Information Services and Telecommunications Services.
u
1.22. Normal Business Hours: Those hours during which most similar
businesses in the community are open to serve customers. In all cases, "normal business hours"
must include some evening hours at least one night per week and/or some weekend hours.
1.23. Normal Operating Conditions: Those service conditions which are
within the control of Franchisee. Those conditions which are not within the control of
Franchisee include, but are not limited to, natural disasters, civil disturbances, power outages,
telephone network outages, and severe or unusual weather conditions. Those conditions which
are within the control of Franchisee include, but are not limited to, special promotions, pay-per-
view events, rate increases, regular peak or seasonal demand periods, and maintenance or rebuild
of the Cable System. See 47 C.F.R. 76.309(c)(4)(ii).
1.24. PEG: Public, educational, and governmental.
1.25. Person: An individual, partnership, association, joint stock company,
trust, corporation, or governmental entity.
1.26. Public Access Channel: An Access Channel available for the sole use
of the residents in the Franchise Area.
Hermosa Beach 5
1.27. Public Rights -of -Way: The surface and the area across, in, over, along,
upon and below the surface of the public streets, roads, bridges, sidewalks, lanes, courts, ways,
alleys, and boulevards, including, public utility easements and public lands and waterways used
as Public Rights -of -Way, as the same now or may thereafter exist, which are under the
jurisdiction or control of LFA. Public Rights -of -Way do not include the airwaves above a right-
of-way with regard to cellular or other nonwire communications or broadcast services.
1.28. Service Area: All portions of the Franchise Area where Cable Service
is being offered, including the Initial Service Area and any additional service areas.
1.29. Service Interruption: The loss of picture or sound on one or more cable
channels.
1.30. Subscriber: A Person who lawfully receives Cable Service of the Cable
System with Franchisee's express permission.
1.31. Telecommunications Facilities: Franchisee's existing
Telecommunications Services and Information Services facilities and its FTTP Network
facilities.
1.32. Telecommunication Services: Shall be defined herein as it is defined
under Section 3 of the Communications Act, 47 U.S.C. § 153(46).
• 1.33. Title 11: Title II of the Communications Act.
1.34. Title VI: Title VI of the Communications Act.
—0
1.35. Transfer of the Franchise.
1.35.1. Any transaction in which:
1.35.1.1. an ownership or other interest in Franchisee is
transferred, directly or indirectly, from one Person or group of Persons to another Person or
group of Persons, so that control of Franchisee is transferred; or
1.35.1.2. the rights held by Franchisee under the Franchise
are transferred or assigned to another Person or group of Persons.
1.35.2. However, notwithstanding Sub -subsections 1.35.1.1 and 1.35.1.2
above, a Transfer of the Franchise shall not include transfer of an ownership or other interest in
Franchisee to the parent of Franchisee or to another Affiliate of Franchisee; transfer of an interest
in the Franchise or the rights held by Franchisee under the Franchise to the parent of Franchisee
or to another Affiliate of Franchisee; any merger of the parent of Franchisee and a third party
that results in the transfer of a direct or indirect interest in Franchisee of less than fifty percent
(50%); or any merger of an Affiliate of Franchisee and a third party that results in a transfer of a
direct or indirect interest in Franchisee of less than fifty percent (50%).
Hermosa Beach
1.36. Video Programming: Shall be defined herein as it is defined under
Section 602 of the Communications Act, 41 U.S.C. § 522(20).
2. GRANT OF AUTHORITY; LIMITS AND RESERVATIONS
2.1. Grant of Authority: Subject to the terms and conditions of this Agreement
and the Cable Ordinances, LFA hereby grants Franchisee the right to own, construct, operate and
maintain a Cable System along the Public Rights -of -Way within the Franchise Area, in order to
provide Cable Service. No privilege or power of eminent domain is bestowed by this grant; nor
is such a privilege or power bestowed by this Agreement.
2.2. LFA Does Not Regulate Telecommunications: LFA's regulatory authority
under Title VI of the Communications Act is not applicable to the construction, installation,
maintenance or operation of Franchisee's FITP Network to the extent the FTTP Network is
constructed, installed, maintained or operated for the purpose of upgrading and/or extending
Verizon's existing Telecommunications Facilities for the provision of Non -Cable Services.
2.3. Term: This Franchise shall become effective (the "Effective Date") thirty
(30) days following its approval by LFA's governing authority authorized to grant franchises and
its acceptance by Franchisee. Franchisee shall memorialize the Effective Date by notifying LFA
in writing of the same, which notification shall become a part of this Franchise. The term of this
Franchise shall be fifteen (15) years from the Effective Date unless the Franchise is earlier
revoked as provided herein.
• 2.4. Grant Not Exclusive: The Franchise and the right it grants to use and occupy
the Public Rights -of -Way to provide Cable Services shall not be exclusive, and LFA reserves the
right to grant other franchises for similar uses or for other uses of the Public Rights -of -Way, or
any portions thereof, to any Person, or to make any such use themselves, at any time during the
term of this Franchise. Any such rights which are granted shall not adversely impact the
authority as granted under this Franchise and shall not interfere with existing facilities of the
Cable System or Franchisee's FTTP Network.
2.5. Franchise Subject to Federal Law: Notwithstanding any provision to the
contrary herein, this Franchise is subject to and shall be governed by all applicable provisions of
federal law as it may be amended, including but not limited to the Communications Act.
2.6. No Waiver:
2.6.1. The failure of LFA on one or more occasions to exercise a right or
to require compliance or performance under this Franchise, the Cable Ordinances or any other
applicable law shall not be deemed to constitute a waiver of such right or a waiver of compliance
or performance by LFA, nor to excuse Franchisee from complying or performing, unless such
right or such compliance or performance has been specifically waived in writing.
2.6.2. The failure of Franchisee on one or more occasions to exercise a
right under this Franchise or applicable law, or to require performance under this Franchise, shall
• not be deemed to constitute a waiver of such right or of performance of this Agreement, nor shall
Hermosa Beach 7
it excuse LFA from performance, unless such right or performance has been specifically waived
in writing.
2.7. Construction of Agreement:
2.7.1. The provisions of this Franchise shall be liberally construed to
effectuate their objectives. The parties agree that this Agreement, rather than the Cable
Ordinances, contains all terms and conditions applicable to this Franchise. In the event of a
conflict between the Cable Ordinances and this Agreement, this Agreement shall prevail.
2.7.2. The following Cable Ordinances provisions not addressed by this
Agreement do not apply to this Franchise:
5.16.035
5.16.050(I)(2)
5.16.060(A), (B) & (C)
Article 3
Article 4
5.16.170(A) (definitions of "Franchise fee", "Multichannel video
programming distributor" or "video programming distributor", and "Video
provider")
5.16.180
• 2.7.3. Nothing herein shall be construed to limit the scope or applicability
of Section 625 Communications Act, 47 U.S.C. § 545.
2.7.4. Should any change to state law have the lawful effect of materially
altering the terms and conditions of this Franchise, then the parties shall modify this Franchise to
the mutual satisfaction of both parties to ameliorate the negative effects on Franchisee of the
material alteration. If the parties cannot reach agreement on the above -referenced modification
to the Franchise, then Franchisee may terminate this Agreement without further obligation to
LFA or, at Franchisee's option, the parties agree to submit the matter to binding arbitration in
accordance with the commercial arbitration rules of the American Arbitration Association.
2.8. Police Powers: Nothing in the Franchise shall be construed to prohibit the
reasonable, necessary and lawful exercise of LFA's police powers. However, if the reasonable,
necessary and lawful exercise of LFA's police power results in any material alteration of the
terms and conditions of this Franchise, then the parties shall modify this Franchise to the mutual
satisfaction of both parties to ameliorate the negative effects on Franchisee of the material
alteration. If the parties cannot reach agreement on the above -referenced modification to the
Franchise, then Franchisee may terminate this Agreement without further obligation to LFA or,
at Franchisee's option, the parties agree to submit the matter to binding arbitration in accordance
with the commercial arbitration rules of the American Arbitration Association.
3. PROVISION OF CABLE SERVICE
• 3.1. Service Area:
Hermosa Beach 8
3.1.1. Initial Service Area: Franchisee shall offer Cable Service to
multiple Subscribers in residential areas of the Initial Service Area, and may make Cable Service
available to businesses in the Initial Service Area, within twelve (12) months of the Effective
Date of this Franchise (the "Service Date") and to all residential areas of the Initial Service Area
within twelve (12) months of the Service Date, except: (A) for periods of Force Majeure; (B) for
periods of delay caused by LFA; (C) for periods of delay resulting from Franchisee's inability to
obtain authority to access rights-of-way in the Service Area; (D) in areas where developments or
buildings are subject to claimed exclusive arrangements with other providers; (E) in
developments or buildings that Franchisee cannot access under reasonable terms and conditions
after good faith negotiation, as determined by Franchisee; and (F) in developments or buildings
that Franchisee is unable to provide Cable Service for technical reasons or which require non-
standard facilities which are not available on a commercially reasonable basis; and (G) in areas
where the occupied residential household density does not meet the density requirement set forth
in Sub -section 3.1.1.1.
3.1.1.1. Density Requirement: Franchisee shall make Cable
Services available to residential dwelling units in all areas of the Initial Service Area where the
average density is equal to or greater than 30 occupied residential dwelling units per mile as
measured in strand footage from the nearest technically feasible point on the active FTTP
Network trunk or feeder line. Should, through new construction, an area within the Initial
Service Area meet the density requirements after the time stated for providing Cable Service as
set forth in Subsections 3.1.1 and 3.1.2 respectively, Franchisee shall provide Cable Service to
• such area within six (6) months of receiving notice that the density requirements have been met.
3.1.2. Additional Service Areas: _Aside from the Initial Service Area,
Franchisee shall not be required to extend its Cable System or to provide Cable Services to any
other areas within the Franchise Area during the term of this Franchise or any Renewals thereof.
If Franchisee desires to add additional Service Areas within the Franchise Area, Franchisee shall
notify LFA in writing of such additional Service Area at least ten (10) days prior to providing
Cable Services in such areas.
3.2. Availability of Cable Service: Franchisee shall make Cable Service available
to all residential dwelling units and may make Cable Service available to businesses within the
Initial Service Area in conformance with Section 3.1 and Franchisee shall not discriminate
between or among any individuals in the availability of Cable Service. In the areas in which
Franchisee shall provide Cable Service, Franchisee shall be required to connect, at Franchisee's
expense, all residential dwelling units that are within one hundred twenty-five (125) feet of trunk
or feeder lines not otherwise already served by Franchisee's FTTP Network. Franchisee shall be
allowed to recover, from a Subscriber that requests such connection, actual costs incurred for
residential dwelling unit connections that exceed 125 feet and actual costs incurred to connect
any non-residential dwelling unit Subscriber.
3.3. Cable Service to Public Buildings: Subject to Section 3.1, Franchisee shall
provide, without charge within the Service Area, one service outlet activated for Basic Service to
the public buildings designated by LFA in Exhibit B; provided, however, that if it is necessary to
extend Franchisee's trunk or feeder lines more than one hundred twenty-five (125) feet solely to
provide service to any such school or public building, LFA shall have the option either of paying
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Franchisee's direct costs for such extension in excess of one hundred twenty-five (125) feet, or
of releasing Franchisee from the obligation to provide service to such building. Furthermore,
Franchisee shall be permitted to recover, from any school or other public building owner entitled
to free service, the direct cost of installing, when requested to do so, more than one outlet, or
concealed inside wiring, or a service outlet requiring more than one hundred twenty-five (125)
feet of drop cable; provided, however, that Franchisee shall not charge for the provision of Basic
Service to the additional service outlets once installed.
4. SYSTEM OPERATION
The parties recognize that Franchisee's FTTP Network is being constructed and will be
operated and maintained as an upgrade to and/or extension of its existing Telecommunications
Facilities. The jurisdiction of LFA over such Telecommunications Facilities is restricted by
federal and state law, and LFA does not assert jurisdiction over Franchisee's MP Network in
contravention of those limitations.
5. SYSTEM FACILITIES
5.1. System Characteristics: Franchisee's Cable System shall meet or exceed the
following requirements:
5.1.1. The System shall be designed with an initial analog passband of
:.1 I_*
• 5.1.2. The System shall be designed to be an active two-way plant for
subscriber interaction, if any, required for selection or use of Cable Service.
5.2. Interconnection: Franchisee shall design its Cable System so that it may be
interconnected with other cable systems in the Franchise Area. Interconnection of systems may
be made by direct cable connection, microwave link, satellite, or other appropriate methods.
5.3. Emergency Alert System:
5.3.1. Franchisee shall comply with the Emergency Alert System
("EAS") requirements of the FCC in order that emergency messages may be distributed over the
System.
5.3.2. LFA shall permit only appropriately trained and authorized
Persons to operate the EAS equipment and shall take reasonable precautions to prevent any use
of the Cable System in any manner that results in inappropriate use thereof, or any loss or
damage to the Cable System. Except to the extent expressly prohibited by law, LFA shall hold
Franchisee, its employees, officers and assigns harmless from any claims arising out of use of the
EAS, including, but not limited to, reasonable attorneys' fees and costs.
6. PEG SERVICES
6.1. PEG Set Aside:
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6.1.1. In order to ensure universal availability of public, educational and
government programming, to the extent permitted by federal law, Franchisee shall provide on the
Basic Service Tier one (1) dedicated Public Access Channel, one (1) dedicated Educational
Access Channel, and one (1) dedicated Government Access Channel (collectively, "PEG
Channels").
6.1.2. Franchisee shall provide up to two additional PEG Channels
dedicated exclusively, to PEG purposes pursuant to the following criteria; provided, however,
Franchisee shall not be obligated to provide an additional PEG Channel unless all cable
providers within the Franchise Area similarly provide such additional PEG Channel.
6.1.2.1. The three PEG Channels described in Section 6.1.1. must
be in use and programmed with PEG programming during at least eighty percent (80%) of the
weekdays for at least eighty percent (80%) of the time during any consecutive thirteen (13) -hour
period for ten (10) consecutive weeks. For this purpose, programming consisting of character -
generated text, repeat programming, and programming produced more than six months
previously or programming not produced or submitted by a City access user or resident shall not
be counted.
6.1.2.2. No more than thirty-three and a third percent (33-1/3%) of
the aggregate hours utilized for PEG programming during such ten (10) week period can
represent repeat programming.
. 6.1.2.3. LFA must have a documented need for additional
programming capacity that cannot be fulfilled by existing PEG Channels.
6.1.2.4. So long as the origination point is an existing one in the
Service Area, any additional PEG Channel shall be made available within six (6) months
following LFA's written request (which shall constitute LFA's authorization to transmit the PEG
Channels within and without the LFA) and verification of compliance with each of the foregoing
conditions. If the origination point is not an existing one in the Service Area, the timing of the
availability and other conditions will be by mutual agreement of the parties. In no event shall the
origination point be located outside the Franchise Area.
6.1.2.5. Each additional PEG Channel may be provided, at the
Franchisee's option, on either the Basic Service Tier or a digital tier, and if they are provided on
the digital tier, Subscribers will be required to lease or otherwise pay for a set top box in order to
receive the additional PEG Channels.
6.1.3. Within ten (10) days after the Service Date, LFA shall notify
Franchisee of the programming to be carried on each of the PEG Channels set aside by
Franchisee, as listed in Exhibit C. Such notification shall constitute authorization to Franchisee
to transmit such programming within and without the LFA. Thereafter, Franchisee shall assign
the PEG Channels on its channel line-up as set forth in such notice, to the extent such channel
assignments do not interfere with Franchisee's existing or planned channel line up. If a PEG
0 Channel provided under this Article is not being utilized by LFA, Franchisee may utilize such
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PEG Channel, in its sole discretion, until such time as LFA elects to utilize the PEG Channel for
its intended purpose.
6.1.4. Interconnection Required. For purposes of public, educational,
and governmental programming consistent with this Franchise, Franchisee shall in accordance
with this Section 6.1.4, interconnect the Cable System with any other cable system serving the
Franchise Area (each an "Other System"). Such interconnection may be accomplished by direct
cable, microwave link, satellite or other reasonable method of connection.
6.1.4.1. Interconnection Procedure. Within 30 days of the Service
Date, Franchisee shall initiate negotiations with the owner(s) and operator(s) of all Other
System(s) to determine their equitable share of costs for both construction and operation of the
interconnection link. Franchisee shall negotiate in good faith with existing cable operator(s)
respecting reasonable, mutually convenient, cost-effective, and technically viable
interconnection points, methods, terms and conditions. LFA shall require the existing cable
operator(s) to provide such interconnection to Franchisee on reasonable terms and conditions.
The construction costs and ongoing expenses of interconnection shall be fairly shared between
Franchisee and the existing cable operator(s). Franchisee and the existing cable operator(s) shall
negotiate the precise terms and conditions of an interconnection agreement. LFA shall use its
best efforts to facilitate these negotiations.
6.1.4.2. Relief. If the parties are unable to reach agreement on the
terms of interconnection, including, but not limited to, compensation and timing, the dispute
shall be submitted to LFA for resolution. Franchisee shall be granted reasonable extensions of
time to interconnect, which shall be granted if Franchisee has negotiated in good faith and has
failed to obtain an approval from the owner or operator of the Other System(s). If the cost of
interconnection would be unreasonable, interconnection is not technically feasible or would
cause an unacceptable increase in Subscriber rates, or if an existing cable operator will not agree
to reasonable terms and conditions of interconnection, Franchisee's failure to comply with the
obligation to carry PEG programming originating on the cable system of the existing cable
operator or to interconnect the Cable System will not be deemed a violation of the franchise
enforceable under Article 13 of this Agreement.
6.2. PEG Grant:
6.2.1. Franchisee shall provide an annual grant to LFA to be used in
support of the production of local PEG programming (the "Annual PEG Grant"). Such grant
shall be used by LFA, for PEG access equipment, including, but not limited to, studio and
portable production equipment, editing equipment and program playback equipment, or for
renovation or construction of PEG access facilities.
6.2.2. The Annual PEG Grant provided by Franchisee hereunder shall be
the sum of $0.35, per month, per Subscriber in the Service Area to Franchisee's Basic Service
Tier. The Annual PEG Grant is subject to Franchisee's verification of the incumbent cable
operator's actual cost of supporting the production of local PEG programming for LFA to ensure
that there is an equal contribution on a per Subscriber basis. The Annual PEG Grant provided by
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Franchisee will increase based on the verifiable needs of the LFA for PEG programming up to
the sum of $0.65, per month, per Su scn er or decrease to match the future.contri utions made
by the incumbent cable operator on a per month, per Subscriber basis. The Annual PEG Grant
payment, along with a brief summary of the Subscriber information upon which it is based, shall
be delivered to LFA within sixty (60) days after the beginning of each calendar year during the
Franchise Term. Calculation of the Annual PEG Grant will commence with the first calendar
month during which Franchisee obtains its first Subscriber in the Service Area.
6.2.3. LFA shall provide Franchisee with a complete accounting annually
of the distribution of funds granted pursuant to this Section 6.2.
6.3. All local producers and users of any of the PEG facilities or Channels shall
agree in writing to authorize Franchisee to transmit programming consistent with this Agreement
and to defend and hold harmless Franchisee and LFA, from any and all liability or other injury,
including the reasonable cost of defending claims or litigation, arising from or in connection with
claims for failure to comply with applicable federal laws, rules, regulations or other requirements
of local, state or federal authorities; for claims of libel, slander, invasion of privacy, or the
infringement of common law or statutory copyright; for unauthorized use of any trademark, trade
name or service mark; for breach of contractual or other obligations owing to third parties by the
producer or user; and for any other injury or damage in law or equity, which result from the use
of a PEG facility or Channel.
6.4. To the extent permitted by federal law, Franchisee shall be allowed to
• recover the costs of an Annual PEG Grant or any other costs arising from the provision of PEG
services from Subscribers and to include such costs as a separately billed line item on each
Subscriber's bill. Without limiting the forgoing, if allowed under state and federal laws,
Franchisee may externalize, line -item, or otherwise pass-through interconnection costs to
Subscribers.
7 FRANCHISE FEES
7. 1, Payment to LFA: Franchisee shall pay to LFA a Franchise fee of five
percent (5%) of annual Gross Revenue. In accordance with Title VI of the Communications Act,.
the twelve (12) month period applicable under the Franchise for the computation of the Franchise
fee shall be a calendar year. Such payments shall be made no later than forty-five (45) days
following the end of each calendar quarter. Franchisee shall be allowed to submit or correct any
payments that were incorrectly omitted, and shall be refunded any payments that were
incorrectly submitted, in connection with the quarterly Franchise fee remittances within 90 days
following the close of the calendar year for which such payments were applicable.
7.2. Supporting Information: Each Franchise fee payment shall be accompanied
by a brief report prepared by a representative of Franchisee showing the basis for the
computation.
7.3. Limitation on Franchise Fee Actions: The period of limitation for recovery
•of any Franchise fee payable hereunder shall be three (3) years from the date on which payment
L by Franchisee is due.
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7.4. Bundled Services: If Cable Services subject to the Franchise fee required
under this Article 7 are provided to Subscribers in conjunction with Non -Cable Services, the
Franchise fee shall be applied only.to the value of the Cable Services, as reflected on the books
and records of Franchisee in accordance with FCC or state public utility regulatory commission
rules, regulations, standards or orders. Franchisee shall not allocate revenue between Cable
Services and Non -Cable Services for the purpose or with the intent of evading or substantially
reducing Franchisee's Franchise fee obligations to the LFA. Tariffed telecommunication
services that cannot be -discounted by state and/or federal regulatory rules are excluded from the
allocation basis for the bundle discount.
8. CUSTOMER SERVICE
Consumer Protection and Service Standards are set forth in Exhibit D, which shall be
binding unless amended by written consent of the parties.
9. REPORTS AND RECORDS
9.1. Annual Report. Within thirty calendar (30) days of its filing, Franchisee
shall provide the LFA with a copy of Verizon Communications Inc.'s most recent annual report
filed with the Securities and Exchange Commission. Such annual statement shall be prepared in
accordance with generally accepted accounting principles.
9.2. Audit of Franchise Fee Payments. Franchisee shall not be required to
• comply with this Section 9.2 until all other cable operators in the Franchise Area are required to
comply with the material provisions of this Section 9.2.
9.2.1. LFA, or its designee, may conduct an audit or other inquiry in
relation to payments made by Franchisee no more than once every three (3) years during the
Term. As a part of the audit process, LFA or LFA's designee may inspect Franchisee's books of
accounts relative to LFA at any time during regular business hours and after thirty (30) calendar
days prior written notice.
9.2.2. All records deemed by LFA or LFA's designee to be reasonably
necessary for such audit shall be made available by Franchisee in a mutually agreeable format
and location. Franchisee agrees to give its full cooperation in any audit and shall provide
responses to inquiries within thirty (30) calendar days of a written request. Franchisee may
provide such responses within a reasonable time after the expiration of the response period above
so long as Franchisee has made a good faith effort to procure any such tardy response.
9.2.2.1. If the results of any. audit indicate that Franchisee (i) paid
the correct franchise fee, (ii) overpaid the franchise fee and is entitled to a refund or credit, or
(iii) underpaid the franchise fee by five percent (5%) or less, then LFA shall pay the costs of the
audit. If the results of the audit indicate Franchisee underpaid the franchise fee by more than five
percent (5%), then Franchisee shall pay the reasonable, documented, third -party costs of the
audit. LFA agrees that any audit shall be performed in good faith.
• 9.3. Access to Books. Upon reasonable prior written notice to Franchisee, LFA
shall have the right to inspect, during Normal Business Hours and on a nondisruptive basis, all
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books, financial statements, contracts, service complaint logs, performance test results, records
of requests for Cable Services that are directly relevant to the Franchisee's compliance with the
requirements and obligations imposed upon it by this Agreement, or applicable law as it relates
to this Franchise. The right of LFA to inspect under this Section extends to the material
identified above that is in the possession or under direct control of Franchisee, and of any other
Person designated by Franchisee for managing and administering the Cable System to the extent
that Franchisee has the right to require such other Person to make such records available to LFA.
LFA's notice of inspection shall specifically reference the section or subsection of the Franchise
which is under review, so that Franchisee may organize the necessary books and records for
appropriate access by LFA. Franchisee shall not be required to maintain any books and records
for Franchise compliance purposes longer than three (3) years.
9.4. Franchisee shall report to LFA on a quarterly basis the following
measurements: Subscriber service calls by reason; telephone availability performance; on-time
performance for installations, maintenance appointments and service interruptions; and technical
performance as reflected in dispatched trouble calls and service interruptions.
9.5. Proprietary Information.
9.5.1. Notwithstanding anything to the contrary set forth herein,
Franchisee shall not be required to disclose information that it reasonably deems to be
proprietary or confidential in nature, nor disclose any of its or an Affiliate's books and records
not relating to the provision of Cable Service in the Service Area. LFA agrees to treat any
information disclosed by Franchisee as confidential and only to disclose it to employees,
representatives, and agents thereof that have a need to know, or in order to enforce the provisions
hereof. Franchisee shall not be required to provide Subscriber information in violation of
Section 631 of the Communications Act, 47 U:S.C. §551.
9.5.2. Upon a request for confidentiality by the Franchisee, information
obtained by the LFA pursuant to this Agreement shall be made available only to persons needing
access to the materials in order to perform their responsibilities on behalf of or for the LFA and,
as to all other persons, shall be treated as confidential to the extent permitted by law. The LFA
shall promptly notify Franchisee whenever a third party seeks access to Franchisee's confidential
information, whether pursuant to the Public Records Act or otherwise. Franchisee agrees and
acknowledges that LFA does not have any responsibility or obligation to seek legal or equitable
relief to prevent the dissemination of the confidential information, unless required by law.
Franchisee may, in its sole discretion and expense, take any steps it deems necessary to protect
its rights in the confidential information. Franchisee also maintains the right to require that the
LFA execute a confidentiality and/or non -appropriation agreement prior to gaining access to any
materials under this section. Nothing in this section shall be read to require the LFA or
Franchisee to violate the Cable Act, 47 U.S.C. §551, or the California Public Records Act.
9.6. Records Required: Franchisee shall at all times maintain:
9.6.1. Records of all written complaints for a period of three years after
receipt by Franchisee. The term "complaint" as used herein refers to complaints about any
aspect of the Cable System or Franchisee's cable operations, including, without limitation,
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0,
complaints about employee courtesy. Complaints recorded will not be limited to complaints
requiring an employee service call;
9.6.2. Records of outages for a period of three years after occurrence,
indicating date, duration, area, and the number of Subscribers affected, type of outage, and
cause;
9.6.3. Records of service calls for repair and maintenance for a period of
three years after resolution by Franchisee, indicating the date and time service was required, the
date of acknowledgment and date and time service was scheduled (if it was scheduled), and the
date and time service was provided, and (if different) the date and time the problem was
resolved;
9.6.4. Records of installation/reconnection and requests for service
extension for a period of three years after the request was fulfilled by Franchisee, indicating the
date of request, date of acknowledgment, and the date and time service was extended; and
9.6.5. A public file showing the area of coverage for the provisioning of
Cable Services and estimated timetable to commence providing Cable Service.
10. INSURANCE AND INDEMNIFICATION
10.1. Insurance:
10.1.1. Franchisee shall maintain in full force and effect, at its own cost
and expense, during the Franchise Term, the following insurance coverage:
10.1.1.1. Commercial General Liability Insurance in the amount
of five million dollars ($5,000,000) combined single limit for property damage and bodily injury.
Such insurance shall cover the construction, operation and maintenance of the Cable System, and
the conduct of Franchisee's Cable Service business in LFA.
10.1.1.2. Automobile Liability Insurance in the amount of one
million dollars ($1,000,000) combined single limit for bodily injury and property damage
coverage.
10.1.1.3. Workers' Compensation Insurance meeting all legal
requirements of the State of California.
10.1.1.4. Employers' Liability Insurance in the following amounts:
'(A) Bodily Injury by Accident: $100,000; and (B) Bodily Injury by Disease: $100,000
employee limit; $500,000 policy limit.
10.1.2. LFA shall be designated as an additional insured under each of the
insurance policies required in this Article 10 except Worker's Compensation and Employer's
Liability Insurance.
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10.1.3. Franchisee shall not cancel any required insurance policy without
submitting documentation to LFA verifying that Franchisee has obtained alternative insurance in
conformance with this Agreement.
10.1.4. Each of the required insurance policies shall be with sureties
qualified to do business in the State of California, with an A- or better rating for financial
condition and financial performance by Best's Key Rating Guide, Property/Casualty Edition.
10.1.5. Upon written request, Franchisee shall deliver to LFA Certificates
of Insurance showing evidence of the required coverage.
10.2. Indemnification:
10.2.1. Franchisee agrees to indemnify, save and hold harmless, and
defend LFA, its officers, agents, boards and employees, from and against any liability for
damages or claims resulting from tangible property damage or bodily injury (including
accidental death), to the extent proximately caused by Franchisee's negligent construction,
operation, or maintenance of its Cable System, provided that LFA shall give Franchisee written
notice of its obligation to indemnify LFA within fifteen (15) days of receipt of a claim or action
pursuant to this subsection; provided further that LFA will be in breach of this Section 10.2.1 if
LFA provides written notice after such fifteen (15) day period and Franchisee. is prejudiced by
such notice. Notwithstanding the foregoing, Franchisee shall not indemnify LFA for any
damages, liability or claims resulting from the willful misconduct or negligence of LFA, its
• officers, agents, employees, attorneys, consultants, independent contractors or third parties or for
any activity or function conducted by any Person other than Franchisee in connection with PEG
Access or EAS, or the -distribution of any Cable Service over the Cable System.
10.2.2. With respect to Franchisee's indemnity obligations set forth in
Subsection 10.2.1, Franchisee shall provide the defense of any claims brought against the LFA
by selecting counsel of Franchisee's choice to defend the claim, subject to the consent of the
LFA, which shall not unreasonably be withheld. Nothing herein shall be deemed to prevent the
LFA from cooperating with the Franchisee and participating in the defense of any litigation by
its own counsel at its own cost and expense, provided however, that after consultation with the
LFA, Franchisee shall have the right to defend, settle or compromise any claim or action arising
hereunder, and Franchisee shall have the authority to decide the appropriateness and the amount
of any such settlement. In the event that the terms of any such settlement does not include the
release of the LFA and the LFA does not consent to the terms of any such settlement or
compromise, Franchisee shall not settle the claim or action but its obligation to indemnify the
LFA shall in no event exceed the amount of such settlement.
10.2.3. LFA shall hold Franchisee harmless and shall be responsible for
damages, liability or claims resulting from willful misconduct or negligence of LFA.
10.2.4. LFA shall be responsible for its own acts of willful misconduct or
negligence, or breach of obligation committed by LFA for which LFA is legally responsible,
subject to any and all defenses and limitations of liability provided by law. Franchisee shall not
be required to indemnify LFA for acts of LFA which constitute willful misconduct or
Hermosa Beach 17
negligence, on the part of LFA, its officers, employees, agents, attorneys, consultants,
independent contractors or third parties.
11. TRANSFER OF FRANCHISE
Subject to Section 617 of the Communications Act, 47 U.S.C. § 537, no Transfer of the
Franchise shall occur without the prior consent of LFA, provided that such consent shall not be
unreasonably withheld, delayed or conditioned. No such consent shall be required, however, for
a transfer in trust, by mortgage, by other hypothecation, by assignment of any rights, title, or
interest of Franchisee in the Franchise or Cable System in order to secure indebtedness, or
otherwise excluded under Section 1.35 above.
12. RENEWAL OF FRANCHISE
12.1. LFA and Franchisee agree that any proceedings undertaken by LFA that
relate to the renewal of this Franchise shall be governed by and comply with the provisions of
Section 626 of the Communications Act, 47 U.S.C. § 546.
12.2. In addition to the procedures set forth in said Section 626 of the
Communications Act, LFA agrees to notify Franchisee of all assessments regarding the identity
of future cable -related community needs and interests, as well as the past performance of
Franchisee under the then current Franchise term. LFA further agrees to provide Franchisee with
• a copy of any completed assessments promptly so that Franchisee has adequate time to submit a
proposal under Section 626 and complete renewal of the Franchise prior to expiration of its term.
12.3. Notwithstanding anything to the contrary set forth herein, Franchisee and
LFA agree that at any time during the term of the then current Franchise, while affording the
public appropriate notice and opportunity to comment, LFA and Franchisee may agree to
undertake and finalize informal negotiations regarding renewal of the then current Franchise and
LFA may grant a renewal thereof.
12.4. Franchisee and LFA consider the terms set forth in this Article 12 to be
consistent with the express provisions of Section 626.
13. ENFORCEMENT AND TERMINATION OF FRANCHISE
13.1. Security Fund. Franchisee shall not be required to comply with this
Section 13.1 until all other cable operators in the Franchise Area are required to comply with the
material provisions of this Section 13.1.
13.1.1. Creation of Security Fund. Within sixty (60) days following the
Service Date, Franchisee shall establish and provide to LFA a security fund ("Security Fund"), as
security for the faithful performance by Franchisee of all material provisions of this Agreement.
The Security Fund shall be in the amount of ten thousand dollars ($10,000) and shall be in the
form of an irrevocable letter of credit payable to the order of the LFA with any interest
distributable to Franchisee.
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13.1.2. Amount of Security Fund. The Security Fund shall be maintained
at the ten thousand dollar ($10,000) level throughout the term of the Agreement; provided that
Franchisee shall not be required to maintain the ten thousand dollar ($10;000) level once LFA
has begun to assess amounts pursuant to Section 13.1.3 below.
13.1.3. Procedure for Assessing Security Fund.
13.1.3.1. If Franchisee fails to perform in a timely manner
any material obligation (a "violation") required by this Franchise, and if Franchisee does not take
the action set forth in 13.1.3.2., LFA may assess amounts from the Security Fund thirty (30) days
after receipt of written notice by the Franchisee of LFA's intention to draw upon the Security
Fund. LFA's written notice to Franchisee shall specify all such violations alleged to have
occurred.
13.1.3.2. In the event the LFA determines that a violation
exists and that Franchisee has not corrected the same in a satisfactory manner or has not
diligently commenced correction of such violation within the thirty (30) day time period
described above, LFA may elect to assess an amount of up to two hundred dollars ($200) per day
from the Security Fund.
13.1.3.3. If LFA elects to assess amounts from the Security
Fund, then such election shall constitute LPA's exclusive remedy for a period of thirty (30) days.
Thereafter, LFA may pursue other remedies set forth in this Article 13.
• 13.1.4. Other Representations. If LFA's assessment is found to be
improper by any court or agency of competent jurisdiction, Franchisee shall be entitled to a
refund of the funds plus interest and any other award that such court or agency shall make.
13.2. Notice of Violation: In the event that LFA believes that Franchisee has not
complied with the terms of the Franchise and LFA elects not to assess the Security Fund, LFA
shall informally discuss the matter with Franchisee. If these discussions do not lead to resolution
of the problem, LFA shall notify Franchisee in writing of the exact nature of the alleged
noncompliance.
13.3. Franchisee's Right to Cure or Respond: Franchisee shall have fifteen (15)
days in the case of the failure of the Franchisee to pay any sum or other amount due the LFA
under this Agreement, and thirty (30) days in all other cases, from receipt of the written notice
described in Section 13.2 to: (i) respond to LFA, if Franchisee contests (in whole or in part) the
assertion of noncompliance; (ii) cure such default; or (iii) in the event that, by the nature of
default, such default cannot be cured within the thirty (30) day period, initiate reasonable steps to
remedy such default and notify LFA of the steps being taken and the projected date that they will
be completed.
13.4. Written Notice From LFA: In the event that Franchisee fails to respond to
the written notice described in Section 13.2 pursuant to the procedures set forth in Section 13.3,
or in the event that the alleged default is not remedied within thirty (30) days or the date
projected pursuant to Section 13.3(iii) above, if it intends to continue its investigation into the
default, then LFA shall provide the Franchisee with written notice thereof. Such written notice
Hermosa Beach 19
shall set forth the reasons why LFA believes that Franchisee has not cured the default and shall
set forth LFA's proposed action which may include the following:
13.4.1. Seek specific performance of any provision, which reasonably
lends itself to such remedy, as an alternative to damages; or
13.4.2. Commence an action at law for monetary damages or seek other
equitable relief; or
13.4.3. In the case of a substantial material default of a material provision
of the Franchise, seek to revoke the Franchise in accordance with Section 13.5.
13.5. Public Hearing: Should LFA seek to revoke the Franchise after following
the procedures set forth in Sections 13.2 through 13.4 above, LFA shall give written notice to
Franchisee of its intent. The notice shall set forth the exact nature of the noncompliance.
Franchisee shall have ninety (90) days from such notice to object in writing and to state its
reasons for such objection. In the event LFA has not received a satisfactory response from
Franchisee, it may then seek termination of the Franchise at a public hearing. LFA shall cause to
be served upon Franchisee, at least thirty (30) days prior to such public hearing, a written notice
specifying the time and place of such hearing and stating its intent to revoke the Franchise.
13.5.1. At the designated hearing, Franchisee shall be provided a fair,
opportunity for full participation, including the right to be represented by legal counsel, to
• introduce relevant evidence, to require the production of evidence, to compel the relevant
testimony{of the officials, agents, employees or consultants of LFA, to compel the testimony of
other persons as permitted by law, and to question and/or cross examine witnesses. A complete
verbatim record and transcript shall be made of such hearing.
13.5.2. Following the public hearing, Franchisee shall be provided up to
thirty (30) days to submit its proposed findings and conclusions in writing and thereafter LFA
shall determine (i) whether an Event of Default has occurred; (ii) whether such Event of Default
is excusable; and (iii) whether such Event of Default has been cured or will be cured by
Franchisee. LFA shall also determine whether to revoke the Franchise based on the information
presented, or, where applicable, grant additional time to Franchisee to effect any cure. If LFA
determines that the Franchise shall be revoked, LFA shall promptly provide Franchisee with a
written decision settineforth its reasoning. Franchisee may appeal such determination of LFA to
an appropriate court, which shall have the power to review the decision of LFA de novo.
Franchisee shall be entitled to such relief as the court finds appropriate. Such appeal must be
taken within sixty (60) days of Franchisee's receipt of the determination of the franchising
authority.
13.5.3. LFA may, at its sole discretion, take any lawful action which it
deems appropriate to enforce LFA's rights under the Franchise in lieu of revocation of the
Franchise.
13.6. Franchisee Termination: Franchisee shall have the right to terminate this
• Franchise and all obligations hereunder within ninety (90) days after the end of three (3) years
from the Service Date, if at the end of such three (3) year period Franchisee does not then in
Hermosa Beach 20
good faith believe it has achieved a commercially reasonable level of Subscriber penetration on
its Cable System. Franchisee may consider Subscriber penetration levels outside the Franchise
Area in this determination. Notice to terminate under this Section 13.6 shall be given to the City
in writing, with such termination to take effect no sooner than one hundred and twenty (120)
days after giving such notice. Franchisee shall also be required to give its then current
Subscribers not less than ninety (90) days prior written notice of its intent to cease Cable Service
operations.
14. MISCELLANEOUS PROVISIONS
14.1. Actions of Parties: In any action by LFA or Franchisee that is mandated
or permitted under the terms hereof, such party shall act in a reasonable, expeditious, and timely
manner. Furthermore, in any instance where approval or consent is required under the terms
hereof, such approval or consent shall not be unreasonably withheld, delayed or conditioned.
14.2. Binding Acceptance: This Agreement shall bind and benefit the parties
hereto and their respective heirs, beneficiaries, administrators, executors, receivers, trustees,
successors and assigns, and the promises and obligations herein shall survive the expiration date
hereof.
14.3. Preemption: In the event that federal or state law, rules, or regulations
preempt a provision or limit the enforceability of a provision of this Agreement, the provision
shall be read to be preempted to the extent, and for the time, but only to the extent and for the
• time, required by law. In the event such federal or state law, rule or regulation is subsequently
repealed, rescinded,- amended or otherwise changed so that the provision hereof that had been
preempted is no longer preempted, such provision shall thereupon return to full force and effect,
and shall thereafter be binding on the parties hereto, without the requirement of further action on
the part of LFA.
14.4. Force Majeure: Franchisee shall not be held in default under, or in
noncompliance with, the provisions of the Franchise, nor suffer any enforcement or penalty
relating to noncompliance or default, where such noncompliance or alleged defaults occurred or
were caused by a Force Majeure.
14.4.1. Furthermore, the parties hereby agree that it is not LFA's intention
to subject Franchisee to penalties, fines, forfeitures or revocation of the Franchise for violations
of the Franchise where the violation was a good faith error that resulted in no or minimal
negative impact on Subscribers, or where strict performance would result in practical difficulties
and hardship being placed upon Franchisee which outweigh the benefit to be derived by LFA
and/or Subscribers.
14.5. Notices: Unless otherwise expressly stated herein, notices required under
the Franchise shall be mailed first class, postage prepaid, to the addressees below. Each party
may change its designee by providing written notice to the other party.
14.5.1. Notices to Franchisee shall be mailed to:
Verizon California, Inc.
Hermosa Beach 21
Attn: Tim McCallion, President - Pacific Region
• 112 Lakeview Canyon Road
Thousand Oaks, CA 91362
14.5.2. with a copy to:
Verizon Communications Inc.
At Jack H White, VP and Associate General Counsel
1515 North Court House Road
5`h Floor, Room 500
Arlington, VA 22201
14.5.3. Notices to LFA shall be mailed to:
Stephen Burrell
City Manager
1315 Valley Drive
Hermosa Beach, CA 90254-3885
14.6. Entire Agreement: This Franchise and the Exhibits hereto constitute the
entire agreement between Franchisee and LFA. Amendments to this Franchise shall be mutually
agreed to in writing by the parties.
• 14.7, Captions: The captions and headings of articles and sections throughout
this Agreement are intended solely to facilitate reading and reference to the sections and
provisions of this Agreement. Such captions shall not affect the meaning or interpretation of this
Agreement.
14.8. Severability: If any section, subsection, sentence, paragraph, term, or
provision hereof is determined to be illegal, invalid, or unconstitutional, by any court of
competent jurisdiction or by any state or federal regulatory authority having jurisdiction thereof,
such determination shall have no effect on the validity of any other section, subsection, sentence,
paragraph, term or provision hereof, all of which will remain in full force and effect for the term
of the Franchise.
14.9. Recitals: The recitals set forth in this Agreement are incorporated into the
body of this Agreement as if they had been originally set forth herein.
14.10. Franchisee's FTTP Network: LFA and Franchisee recognize and agree
that due to the nature of Franchisee's FTTP Network, certain provisions of the Cable Ordinances
are not applicable to Franchisee.
14.11. Modification: This Franchise shall not be modified except by written
instrument executed by both parties.
14.12. FTTP Network Transfer Prohibition: Under no circumstance including,
without limitation, upon expiration, revocation, termination, denial of renewal of the Franchise
or any other action to forbid or disallow Franchisee from providing Cable Services, shall
Hermosa Beach 22
Franchisee or its assignees be required to sell any right, title, interest, use or control of any
• portion of Franchisee's FTTP Network including, without limitation, any spectrum capacity used
for cable service or otherwise, to LFA or any third party. Franchisee shall not be required to
remove the FTTP Network(s) or to relocate the FTTP Network(s) as a result of revocation,
expiration, termination, denial of renewal or any other action to forbid or disallow Franchisee
from providing Cable Services. This provision is not intended to contravene leased access
requirements under Title VI or PEG requirements set out in this Agreement.
1
14.13. Acceptance Fee. Franchisee shall pay LFA $10,000 as an acceptance fee
within thirty (30) days following the Service Date.
SIGNATURE PAGE FOLLOWS
Hermosa Beach 23
AGREED TO THIS DAY OF / , 2006.
•
CITY OF HERMOSA BEACH
L]
By: Q�A 'PA
S re e V. a
City Manager
VERIZON CALIFORNIA INC.
Tim Mc allion, y
President, Pacific Region
EXHIBITS
Exhibit A: Service Area
t-ity Attorney
Attorney
Date
Exhibit B: Municipal Buildings to be Provided Free Cable Service
Exhibit C: PEG Channels
Exhibit D: Consumer Protection and Service Standards
Hermosa Beach
24
0 EXHIBIT A
SERVICE AREA MAP
Hermosa Beach 25
EXHIBIT B
MUNICIPAL BUILDINGS TO BE PROVIDED=FREE CABLE SERVICE
Hermosa Valley School
1645 Valley Drive
Hermosa Beach, CA 90254
Hermosa View School
1800 Prospect Avenue
Hermosa Beach, CA 90254
School District Office
1645 Valley Drive
Hermosa Beach, CA 90254
City Hall Council Chambers
1315 Valley Drive
Hermosa Beach, CA 90254
Library
550 Pier Avenue
• Hermosa Beach, CA 90254
Community Center
710 Pier Avenue
Hermosa Beach, CA 90254
Police Station
540 Pier Avenue
Hermosa Beach, CA 90254
Fire Station
540 Pier Avenue
Hermosa Beach, CA 90254
Public Works Yard
555 6`h Street
Hermosa Beach, CA 90254
Community Services Administration Building
1035 Valley Drive
Hermosa Beach, CA 90254
Hermosa Beach 26
r�
•
EXHIBIT C
PEG CHANNELS
One (1) dedicated Public Accdss Channel
One (1) dedicated Educational Access Channel
One (1) dedicated Government Access Channel
Hermosa Beach
27
AN6011318C
CONSUMER PROTECTION AND SERVICE STANDARDS
Franchisee's obligations concerning Consumer Protection and Service Standards shall
include the following, which shall be binding unless amended by written consent of the parties.
These standards shall, starting six months after the Service Date, apply to the )+ ranchisee to the
extent it is providing Cable Services over the Cable System in the Franchise area.
SECTION 1: DEFINITIONS
(a) Respond: Franchisee's investigation of a Service Interruption by receiving a
Subscriber call and opening a trouble ticket, if required.
(b) Significant Outage: A significant outage of the Cable Service shall mean any
Service Interruption lasting at least four (4) continuous hours that affects at least ten percent
(10%) of the Subscribers in the Service Area.
(c) Service Call: The action taken by the Franchisee to correct a Service Interruption
the effect of which is limited to an individual Subscriber.
(d) Standard Installation: Installations where the subscriber is within one hundred
• twenty five (125) feet of trunk or feeder lines.
SECTION 2: TELEPHONE AVAILABILITY
(a) The Franchisee shall maintain a toll-free number to receive all calls and inquiries
from Subscribers in the Franchise Area and/or LFA residents regarding Cable Service.
Franchisee. representatives trained and qualified to answer questions related to Cable Service in
the Service Area must be available to receive reports of Service Interruptions twenty-four (24)
hours a day, seven (7) days a week, and other inquiries at least forty-five (45) hours per week,
including some evening and weekend hours. Franchisee representatives shall identify themselves
by name when answering this number.
(b) The Franchisee's telephone numbers shall be listed, with appropriate description
(e.g. administration, customer service, billing, repair, etc.), in the directory published by the local
telephone company or companies serving the Service Area, beginning with the next publication
cycle after acceptance of this Franchise by the Franchisee.
(c) Franchisee may use an Automated Response Unit ("ARU") or a Voice Response
Unit ("VRU") to distribute calls. If a foreign language routing option is provided, and the
Subscriber does not enter an option, the menu will default to the first tier menu of English
options.
0After the first tier menu (not including a foreign language rollout) has run through three
times, if customers do not select any option, the ARU or VRU will forward the call to a queue
Hermosa Beach 28
for a live representative. The Franchisee may reasonably substitute this requirement with
+ another method of handling calls from customers who do not have touch-tone telephones.
(d) Under Normal Operating Conditions, calls received by the Franchisee shall be
answered within thirty (30) seconds. The Franchisee shall meet this standard for ninety percent
(90%) of the calls it receives at all call centers receiving calls from Subscribers, as measured on a
cumulative quarterly calendar basis. Measurement of this standard shall . include all calls
received by the Franchisee at all call centers receiving calls from Subscribers, whether they are
answered by a live representative, by an automated attendant, or abandoned after 30 seconds of
call waiting.
(e) Under Normal Operating Conditions, callers to the Franchisee shall receive a busy
signal no more than three (3%) percent of the time during any calendar quarter.
(f) Upon request from the LFA, but in no event more than once a quarter thirty (30)
days following the end of each quarter, the Franchisee shall report to the LFA the following for
all call centers receiving calls from Subscribers except for temporary telephone numbers set up
for national promotions:
(1) Percentage of calls answered within thirty (30) seconds as set forth in
Subsection 2.1).
(2) Percentage of time customers received busy signal when calling the
• Verizon service center as set forth in Subsection 2.E.
Subject to consumer privacy requirements, underlying activity will be made available to
the LFA for review upon reasonable request.
(g) At the Franchisee's option, the measurements and reporting above may be
changed from calendar quarters to billing or accounting quarters. The Franchisee shall notify the
LFA of such a change at least thirty (30) days in advance of any implementation.
SECTION 3: INSTALLATIONS AND SERVICE APPOINTMENTS
(a) All installations will be in accordance with FCC rules, including but not limited
to, appropriate grounding, connection of equipment to ensure reception of Cable Service, and the
provision of required consumer information and literature to adequately inform the Subscriber in
the utilization of the Franchisee -supplied equipment and Cable Service.
(b) The Standard Installation shall be performed within seven (7) business days after
the placement of the Optical Network Terminal ("ONT") on the customer's premises or within
seven (7) business days after an order is placed if the ONT is already installed on the customer's
premises.
• The Franchisee shall meet this standard for ninety-five percent (95%) of the Standard
Installations it performs, as measured on a calendar quarter basis, excluding customer requests
Hermosa Beach 29
for connection later than seven (7) days after ONT placement or later than seven (7) days after an
order is placed if the ONT is already installed on the customer's premises.
(c) The Franchisee shall provide the LFA with a report upon request from the LFA,
but in no event more than once a quarter thirty (30) days following the end of each quarter,
noting the percentage of Standard Installations completed within the seven (7) day period,
excluding those requested outside of the seven (7) day period by the Subscriber. Subject to
consumer privacy requirements, underlying activity will be made available to the LFA for review
upon reasonable request.
At the Franchisee's option, the measurements and reporting of above may be changed
from calendar quarters to billing or accounting quarters. The Franchisee shall notify the LFA of
such a change not less than thirty (30) days in advance.
(d) The Franchisee will offer Subscribers "appointment window" alternatives for
arrivals to perform installations, Service Calls and other activities of a maximum four (4) hours
scheduled time block during appropriate daylight available hours, usually beginning at 8:00 AM
unless it is deemed appropriate to begin earlier by location exception. At the Franchisee's
discretion, the Franchisee may offer Subscribers appointment arrival times other than these four
(4) hour time blocks, if agreeable to the Subscriber. These hour restrictions do not apply to
weekends.
(e) In order to deliver new or replacement equipment to Subscribers, Franchisee may
• use, among other methods, a prepaid mailer or a visit by a service technician. Additionally,
Franchisee may establish locations in or near the Franchise Area that will be open and accessible
to the public to make payments and to pick up or drop -off equipment.
(f) If Franchisee misses or fails to arrive on time for an installation, maintenance or
service appointment, upon request the affected Subscriber will receive either a free installation or
$20 credit.
SECTION 4: SERVICE INTERRUPTIONS AND OUTAGES
(a) The Franchisee shall promptly notify the LFA of any Significant Outage of the
Cable Service.
(b) The Franchisee shall exercise commercially reasonable efforts to limit any
Significant Outage for the purpose of maintaining, repairing, or constructing the Cable System.
Except in an emergency or other situation necessitating a more expedited or alternative
notification procedure, the Franchisee may schedule a Significant Outage for a period of more
than four (4) hours during any twenty-four (24) hour period only after the LFA and each affected
Subscriber in the Service Area have been given fifteen (15) days prior notice of the proposed
Significant Outage.
(c) Franchisee representatives who are capable of responding to Service Interruptions
• must be available to Respond twenty-four (24) hours a day, seven (7) days a week.
Hermosa Beach 30
(d) Under Normal Operating Conditions, the Franchisee must Respond to a call from
a Subscriber regarding a Service Interruption or other service problems within the following time
frames:
(1) Within twenty-four (24) hours, including weekends, of receiving subscriber
calls respecting Service Interruptions in the Service Area.
(2) The Franchisee must begin actions to correct all other Cable Service problems
the next business day after notification by the Subscriber or the LFA of a Cable Service problem.
(e) Under Normal Operating Conditions, the Franchisee shall provide a credit upon
Subscriber request when all Channels received by that Subscriber are out of service for a period
of four (4) consecutive hours or more. The credit shall equal, at a minimum, a proportionate
amount of the affected Subscriber(s) current monthly bill. In order to qualify for the credit, the
Subscriber must promptly report the problem and allow the Franchisee to verify the problem if
requested by the Franchisee. If Subscriber availability is required for repair, a credit will not be
provided for such time, if any, that the Subscriber is not reasonably available.
(f) Under Normal Operating Conditions, if a Significant Outage affects all Video
Programming Cable Services for more than twenty-four (24) consecutive hours, the Franchisee
shall issue an automatic credit to the affected Subscribers in the amount equal to their monthly
recurring charges for the proportionate time the Cable Service .was out, or a credit to the affected
subscribers in the amount equal to the charge for the basic plus enhanced basic level of service
for the proportionate time the Cable Service was out, whichever is technically feasible or, if both
• are technically feasible, as determined by Franchisee provided such determination is non-
discriminatory. Such credit shall be reflected on Subscriber billing statements within the next
available billing cycle following the outage.
(g) With respect to service issues concerning cable services provided to LFA
facilities, Franchisee shall Respond to all inquiries from the LFA within four (4) hours and shall
commence necessary repairs within twenty-four (24) hours under Normal Operating Conditions.
If such repairs cannot be completed within twenty-four (24) hours, the Franchisee shall notify the
LFA in writing as to the reason(s) for the delay and provide an estimated time of repair.
SECTION 5: CUSTOMER COMPLAINTS
Under Normal Operating Conditions, the Franchisee shall investigate Subscriber
complaints referred by the LFA within seventy-two (72) hours. The Franchisee shall notify the
LFA of those matters that necessitate an excess of seventy-two (72) hours to resolve, but those
matters must be resolved within fifteen (15) days of the initial complaint. The LFA may require
reasonable documentation to be provided by the Franchisee to substantiate the request for
additional time to resolve the problem. For purposes of this Section, "resolve" means that the
Franchisee shall perform those actions, which, in the normal course of business, are necessary to
investigate the Customer's complaint. and advise the Customer of the results of that investigation.
Hermosa Beach 31
SECTION 6: BILLING
A. Subscriber bills must be itemized to describe Cable Services purchased by
Subscribers and related equipment charges. Bills shall clearly delineate activity during the
billing period, including optional charges, rebates, credits, and aggregate late charges. Franchisee
shall, without limitation as to additional line items, be allowed to itemize as separate line items,
Franchise fees, taxes and/or other governmentally imposed fees. The Franchisee shall maintain
records of the date and place of mailing of bills.
B. Every Subscriber with a current account balance sending payment directly to
Franchisee shall be given at least twenty (20) days from the date statements are mailed to the
Subscriber until the payment due date.
C. A specific due date shall be listed on the bill of every Subscriber whose account is
current. Delinquent accounts may receive a bill which lists the due date as upon receipt;
however, the current portion of that bill shall not be considered past due except in accordance
with Subsection 6.B. above.
D. Any Subscriber who, in good faith, disputes all or part of any bill shall have the
option of withholding the disputed amount without disconnect or late fee being assessed until the
dispute is resolved provided that:
• (1) The Subscriber pays all undisputed charges;
(2) The Subscriber provides notification of the dispute to Franchisee within
five (5) days prior to the due date; and
(3) The Subscriber cooperates in determining the accuracy and/or
appropriateness of the charges in dispute.
(4) It shall be within the Franchisee's sole discretion to determine when the
dispute has been resolved.
E. Under Normal Operating Conditions, the Franchisee shall initiate investigation'
and resolution of all billing complaints received from Subscribers within five (5) business days
of receipt of the complaint. Final resolution shall not be unreasonably delayed.
F. The Franchisee shall provide a telephone number and address on the bill for
Subscribers to contact the Franchisee.
G. The Franchisee shall forward a copy of any Cable Service related billing inserts or
other mailing sent to Subscribers to the LFA upon request.
H. The Franchisee shall provide all Subscribers with the option of paying for Cable
• Service by check or an automatic payment option where the amount of the bill is automatically
deducted from a checking account designated by the Subscriber. Franchisee may in the future, at
Hermosa Beach 32
its discretion, permit payment by using a major credit card on a preauthorized basis. Based on
credit history, at the option of the Franchisee, the payment alternative may be limited.
SECTION 7: DEPOSITS, REFUNDS AND CREDITS
A. The Franchisee may require refundable deposits from Subscribers with 1) a poor
credit or poor payment history, 2) who refuse to provide credit history information to the
Franchisee, or 3) who rent Subscriber equipment from the Franchisee, so long as such deposits
are applied on a non-discriminatory basis. The deposit the Franchisee may charge Subscribers
with poor credit or poor payment history or who refuse to provide credit information may not
exceed an amount equal to an average Subscriber's monthly charge multiplied by six (6). The
maximum deposit the Franchisee may charge for Subscriber equipment is the cost of the
equipment which the Franchisee would need to purchase to replace the equipment rented to the
Subscriber.
B. The Franchisee shall refund or credit the Subscriber for the amount of the deposit
collected for equipment, which is unrelated to poor credit or poor payment history, after one year
and provided the Subscriber has demonstrated good payment history during this period. The
Franchisee shall pay interest on other deposits if required law.
C. Under Normal Operating Conditions, refund checks will be issued within next
• available billing cycle following the resolution of the event giving rise to the refund, (e.g.
equipment return and final bill payment).
D. Credits for Cable Service will be issued no later than the Subscriber's next
available billing cycle, following the determination that a credit is warranted, and the credit is
approved and processed. Such approval and processing shall not be unreasonably delayed.
E. Bills shall be considered paid when appropriate payment is received by the
Franchisee or its authorized agent. Appropriate time considerations shall be included in the
Franchisee's collection procedures to assure that payments due have been received before late
notices or termination notices are sent.
SECTION 8: RATES, FEES AND CHARGES
A. The Franchisee shall not, except to the extent expressly permitted by law, impose
any fee or charge for Service Calls to a Subscriber's premises to perform any repair or
maintenance work related to Franchisee equipment necessary to receive Cable Service, except
where such problem is caused by a negligent or wrongful act of the Subscriber (including, but
not limited to a situation in which the Subscriber reconnects Franchisee equipment incorrectly)
or by the failure of the Subscriber to take reasonable precautions to protect the Franchisee's
equipment (for example, a dog chew).
Hermosa Beach 33
B. The Franchisee shall provide reasonable notice to Subscribers of the possible
assessment of a late fee on bills or by separate notice.
SECTION 9: DISCONNECTION /DENIAL OF SERVICE
A. Cable Service terminated for nonpayment of delinquent accounts in error must be
restored without charge within twenty-four (24) hours of notice. If a Subscriber was billed for
the period during which Cable Service was terminated in error, a credit shall be issued to the
Subscriber if the Service Interruption was reported by the Subscriber.
B. Nothing in these standards shall limit the right of the Franchisee to deny Cable
Service for non-payment of previously provided Cable Services, refusal to pay any required
deposit, theft of Cable Service, damage to the Franchisee's equipment, abusive and/or threatening
behavior toward the Franchisee's employees or representatives, or refusal to provide credit
history information or refusal to allow the Franchisee to validate the identity, credit history and
credit worthiness via an external credit agency.
C. Charges for cable service will be discontinued at the time of the requested
termination of service by the subscriber, except equipment charges may by applied until
equipment has been returned. No period of notice prior to requested termination of service can
be required of Subscribers by the Franchisee. No charge shall be imposed upon the Subscriber
• for or related to total disconnection of Cable Service or for any Cable Service delivered after the
effective date of the disconnect request, unless there is a delay in returning Franchisee equipment
or early termination charges apply pursuant to the Subscriber's service contract. If the
Subscriber fails to specify an effective date for disconnection, the Subscriber shall not be
responsible for Cable Services received after the day following the date the disconnect request is
received by the Franchisee: For purposes of this subsection, the term "disconnect" shall include
Subscribers who elect to cease receiving Cable Service from the Franchisee and to receive Cable
Service or other multi -channel video service from another Person or entity.
SECTION 10: COMMUNICATIONS WITH SUBSCRIBERS
A. All Franchisee personnel, contractors and subcontractors contacting Subscribers
or potential Subscribers outside the office of the Franchisee shall wear a clearly visible
identification card bearing their name and photograph. The Franchisee shall make reasonable
effort to account for all identification cards at all times. In addition, all Franchisee
representatives shall wear appropriate clothing while working at a Subscriber's premises. Every
service vehicle of the Franchisee and its contractors or subcontractors shall be clearly identified
as such to the public. Specifically, Franchisee vehicles shall have the Franchisee's logo plainly
visible. The vehicles of those contractors and subcontractors working for the Franchisee shall
have the contractor's / subcontractor's name plus markings (such as a magnetic door sign)
indicating they are under contract to the Franchisee.
Hermosa Beach 34
O
B. All contact with a Subscriber or potential Subscriber by a Person representing the
Franchisee shall be conducted in a courteous manner.
C. The Franchisee shall send annual notices to all Subscriber informing them that
any complaints or inquiries not satisfactorily handled by the Franchisee may be referred to the
LFA.
D. All notices identified in this Section shall be by either:
(1) A separate document included with a billing statement or included on the
portion of the monthly bill that i$ to be retained by the Subscriber; or
(2) A. separate electronic notification
E. The Franchisee shall provide reasonable notice to Subscribers of any pricing
changes or additional changes (excluding sales discounts, new products or offers) and, subject to
the forgoing, any changes in Cable Services, including. channel line-ups. Such notice must be
given to Subscribers a minimum of thirty (30) days in advance of such changes, unless such
advance notice is not possible due to the action or inaction of a programming provider or a
taxing entity, and the Franchisee shall provide a copy of the notice to the LFA including how and
where the notice was given to Subscribers.
F. The Franchisee shall provide information to all Subscribers about each of the
following items at the time of installation of Cable Services, annually to all Subscribers, at any
time upon request, and, subject to Subsection 10.E., at least thirty (30) days prior to making
significant changes in the information required by this Section if within the control of the
Franchisee:
(1) Products and Cable Service offered;
(2) Prices and options for Cable Services and condition of subscription to
Cable Services. Prices shall include those for Cable Service options, equipment rentals, program
guides, installation, downgrades, late fees and other fees charged by the Franchisee related to
Cable Service;
(3) Installation and maintenance policies including, when applicable,
information regarding the Subscriber's in-home wiring rights during the period Cable Service is
being provided;
(4) Channel positions of Cable Services offered on the Cable System;
(5) Complaint procedures, including the name, address and telephone number
of the LFA, but with a notice advising the Subscriber to initially contact the Franchisee about all
complaints and questions;
(6) Procedures for requesting Cable Service credit;
�r
Hermosa Beach .35
•
•
•
_q%.
(7) The availability of a parental control device;
(8) Franchisee practices and procedures for protecting against invasion of
privacy; and
.(9) The address and telephone number of the Franchisee's office to which
complaints may be reported.
A copy of notices required in this Subsection I.O.F. will be given to the LFA at least
fifteen (15). days prior to distribution to subscribers if the reason for notice is due to a change that
is within the control of Franchisee and as soon as possible if not with the control of Franchisee.
G. Notices of changes in rates shall indicate the Cable Service new rates and old
rates, if applicable.
H. Notices of changes of Cable Services and/or channel locations shall include a
description of the new Cable Service, the specific channel location, and the hours of operation of
the Cable Service if the Cable Service is only offered on a part-time basis. In addition, should
the channel location, hours of operation, or existence of other Cable Services be affected by the
introduction of a new Cable Service, such information must be included in the notice.
I. Every notice of termination of Cable Service shall include the following
information:
(1) The name and address of the Subscriber whose account is delinquent
(2) The amount of the delinquency
(3) The date by which payment is required in order to avoid termination of
Cable Service
(4) The telephone number for the Franchisee where the Subscriber can receive
additional information about their account and discuss the pending termination.
Hermosa Beach 36
December 7, 2005 For the City Council Meeting
of December 13, 2005
EXECUTION OF A FRANCHISE AGREEMENT BETWEEN THE CITY OF
HERMOSA BEACH AND' VERIZON CALIFORNIA, INC.
Recommendation:
It is recommended that the Hermosa Beach City Council:
1) Conduct a public hearing to gather public input on the proposed cable franchise
agreement between the City and Verizon California Inc. ("Franchise Agreement") and to
consider the impacts of the proposed Franchise Agreement, as required by California
Government Code § 53066.3, 47 U.S.C. § 541(a),. and other applicable provisions of law,
as well as any applicable provisions of existing franchises;
2) Introduce and waive full reading of an ordinance making certain findings, approving the
proposed cable franchise agreement and authorizing and directing execution of the
.proposed Franchise Agreement between the City and Verizon California Inc.
rSummary:
Verizon California Inc. ("Verizon") has requested grant of a franchise to operate and provide
cable service in the City. A true and correct copy of the proposed Franchise Agreement
negotiated with the City's representatives has been available for inspection in the City Clerk's
office since November 24, 2005. Notice of public hearing before the City Council to consider
the proposed Franchise Agreement was properly published in the Easy Reader on November 24,
2005 and December 1, 2005, in accordance with California Government Code §§ 6066 and
53066.3(a) -(d).
Verizon currently is in the process of upgrading its existing telecommunications facilities in the
City by installing a state-of-the-art Fiber to the Premise Telecommunications Network ("FTTP
Network"). The FTTP Network will utilize fiber-optic cables and associated optical electronics
instead of copper wire to connect customers .to the Verizon network. The FTTP Network will
use laser -generated pulses of.light to transmit voice, data and video signals via the fiber at speeds
and capacities far exceeding today's copper -cable systems.
Among the services that Verizon's FTTP Network will enable is cable service. Verizon
therefore sought a cable franchise from the City to use the FTTP Network to provide cable
service to Hermosa Beach residents in competition with the existing cable operator under the
terms and conditions of the proposed Franchise Agreement.
Hermosa Beach
Federal and state law set forth requirements with respect to granting an additional cable
franchise. Section 621(a) of the Communications Act requires that the City "assure that access
to cable service is not denied to any group of potential residential cable subscribers because of
the income of the residents of the local area in which such group resides" and sets forth certain
provisions which shall or may be included in a franchise. 47 U.S.C. § 541(a)(3)-(4); see also
Cal. Gov't Code § 53066.3(b), (d). California Government Code § 53066.3 requires that the City
conduct a public hearing to identify the impacts on the community of granting an additional
cable franchise and the City Council to consider certain enumerated criteria in making its
determination whether to grant an additional franchise.
Staff has examined each of the legal requirements for Council approval of the draft cable
franchise agreement, as well as any applicable provisions in existing franchises. Based upon the
information and representations set forth by Verizon, other evidence presented to staff and its
own investigation, we find that the proposed Franchise Agreement meets all of the legal
requirements for Council approval. Staff therefore recommends that the City Council approve
the proposed cable Franchise Agreement and authorize and direct the City Manager to execute
the proposed Franchise Agreement.
As set forth more fully below in this staff report, negotiations between Verizon and the City have
resulted in the attached agreement. Approval of the proposed Franchise Agreement will bring
wire line cable competition to the residents of Hermosa Beach for the first time, allowing them a
choice of more than one provider of cable service.
• Background:
Verizon is nearing completion of a "Fiber to the Premises" ("FTTP") Network in Hermosa
Beach, which will be the first communications network to bring a fiber optic line into each
residence of the City. In layman's terms, Verizon argues it already has the legal authority to
carry out this installation under its powers as a telephone company. More technically, Verizon is
acting under the authority granted it as a common carrier pursuant to Title 11 of the
Communications Act, and in accordance with its certificate of public convenience and necessity
issued by the California Public Utilities Commission, Section 7901 of the California Public
Utilities Code and General Administrative Order 95. In addition to its regular
telecommunications services (voice, high-speed data), Verizon's FTTP Network will also have
the capacity to provide cable television service to the residents of Hermosa Beach.
Verizon seeks to provide cable service to Hermosa Beach residents in competition with the
City's existing cable franchisee, and proposes to operate under the terms and conditions of the
attached Franchise Agreement. Under its state and federal authorizations, Verizon already has
the authority to offer telecommunications services over this new FTTP network (and like a cable
network, Verizon is not obligated to let other providers use this new network, unlike its existing
copper network). Because the FTTP network has significantly more transmission ability than the
old network, Verizon also desires to use the network to provide cable television service. Verizon
acknowledges that in California it must obtain a local franchise to provide cable television
service, and so has negotiated the attached Franchise Agreement with staff.
Hermosa Beach 2
The City's franchising of additional cable providers is governed by California Government Code
§ 53066.3, Title VI of the Communications Act, and Chapter 5.16 of the Hermosa Beach
Municipal Code.
The City Council may approve a franchise agreement subsequent to a public hearing considering
the proposed franchise grant. Cal. Gov't Code § 53066.3(a). In reviewing such a request and
making its determination whether to approve the proposed franchise agreement, the City Council
shall make a decision based upon the documents and testimony received at the hearing and the
record as a whole as to whether or not the franchise should be granted. In addition, California
Government Code § 53066.3(a) specifically requires the City Council to consider certain
enumerated criteria in determining whether to grant an additional cable franchise. These criteria
are:
• Whether there will be significant positive or negative impacts on the community being
served.
• Whether there will be an unreasonable adverse economic or aesthetic impact upon public
or private property within the area.
• Whether there will be an unreasonable disruption or inconvenience to existing users, or
any adverse effect on future use of utility poles, public easements, and the public rights-
of-way contrary to the intent of Section 767.5 of the California Public Utilities Code.
• Whether the franchise applicant has the technical and financial ability to perform.
• Whether there is any impact on the franchising authority's interest in having universal
• cable service.
• Whether other societal interests generally considered by franchising authorities will be
met.
• Whether the operation of an additional cable system in the community is economically
feasible.
• Such other additional matters, both procedural and substantive, as the franchising
authority may determine to be relevant.
In addition, California Government Code § 53066.3(d) and Section 621 of the Communications
Act contain certain nondiscrimination requirements relating to the grant of the franchise.
California Government Code § 53066.3(d) also requires that the proposed cable franchise
"contain[s] the same public, educational, and governmental access requirements that are set forth
in the existing franchise." Cal. Gov't Code § 53066.3(d).
Staff has examined each of these legal requirements in the context of the provisions of the
proposed Franchise Agreement, the information and representations provided by Verizon, other
evidence presented to staff and staff's own investigation. Staff sets forth its analysis of each
below.
Maior Provisions of the Proposed Franchise Agreement:
The City's representatives have negotiated the proposed Franchise Agreement with Verizon
• based on staff's identification and prioritization of the cable -related needs and interests of the
residents of Hermosa Beach, and including public, educational and governmental ("PEG")
Hermosa Beach 3
service obligations. The proposed Franchise Agreement with Verizon includes the following key
47
provisions:
• Provision of cable service to all residential areas of the City no later than 24 months
from the Effective Date of the Agreement. Proposed Franchise Agreement Article 3.
• Quarterly franchise fee payments of five percent (5%) of Gross Revenues, as defined.
Proposed Franchise Agreement Article 7.
• A fifteen (15).—ym term from the Effective Date unless the franchise is earlier
revoked as provided in the Franchise Agreement. Proposed Franchise Agreement
Article 2.3.
• PEG programming and support.that are equivalent to those of the incumbent provider
in the City, including dedicated public, educational and governmental access channels
and;interconnection with the existing cable:operator. int Hermosa Beach for the
carriage of PEG programming. Proposed Franchise Agreement Article 6.
• Extensive ,customer service requirements, including requirements regarding telephone
availability for customer inquiries, billing;: installation and service calls, monetary
penalties for missed service appointments, complaint procedures, .and
communications with subscribers. Proposed Franchise Agreement Article 8.
• • Liability insurance and indemnification requirements. Pfoposed Franchise.
Agreement Article 10:
Other pertinent provisions of the proposed Franchise Agreement include:
• Enforcement and termination provisions`. Proposed Franchise Agreement Article 13.
• Technical standards for operation of Verizon's cable system. Proposed Franchise
Agreement Article 5.
• Emergency Alert System requirements. Proposed Franchise Agreement Article 5.3.
• Reporting and recordkeeping requirements. ' Proposed Franchise Agreement Article 9.
• Franchise renewal and transfer procedures. Proposed Franchise Agreement Articles
11,12.
Because the proposed Franchise Agreement is the product of negotiations, Staff notes that certain
provisions of the proposed agreement differ from the City's proposed Cable, Video, and
Telecommunications Service Providers Ordinance; Such differences are permitted, -and the
terms of the Franchise Agreement would control. The specific sections of the ordinance where
this difference exists are detailed in Section 2.7.2 of the proposed agreement.
Hem= Beach 4
Chapter 5.16.035 does not apply because at the time Verizon approached the City regarding a
franchise, no standard application fee had been established under the existing ordinance.
• However, in the alternative, Verizon has agreed to pay the City $10,000 as an "acceptance" fee
as detailed in Section 14.13 of the agreement.
Section 5.16.050(I)(2) does not apply as it relates to the physical plant of the system. As stated
in this report, Verizon is constructing their FTTP system as an upgrade to their existing
telephone system and, as such, Verizon contends the system itself is governed under different
State laws and regulations than a traditional cable television company.
Sections 5.16.060(A)(B)&(C) do not apply because these sections concern the initial grant of a
franchise, and Verizon will have completed those steps if the City Council grants this franchise
request.
Article 3 does not apply because the Verizon system, like the system of the current provider, is
not considered an "open video system". Simply stated, an open video system is a single physical
system that is shared by multiple users. Additionally, only those systems certified by the FCC
are considered to be open video systems and would be subject to this article. Verizon will own
the system and no other providers will be using it.
Article 4 does not apply because this article governs wireless video systems, and Verizon's
proposed system is not a wireless one.
• Section 5.16.170(A) does not apply because all relevant terms are instead defined in the
franchise agreement itself, and excluding this section will help clarify the definitions to be used.
Section 5.16.180 does not apply as Verizon has proposed specific franchise enforcement and
termination provisions contained within the draft agreement.
The draft franchise agreement was reviewed by the Cable Television Advisory Commission at
their meeting of December 7, 2005. Verizon representatives were present at that meeting to
address the Commission's concerns and answer questions. Overall the Commission was
supportive of the agreement and very positive about the possibility of having an additional cable
service provider available to Hermosa Beach residents. The Commissions concerns were
focused primarily in the area of customer service. The Commission wanted to ensure that both
the proposed ordinance and the franchise agreement contained customer service standards that
would address residents' service concerns identified through the cable television community
survey conducted earlier this year. Staff is of the opinion that sufficient standards are contained
within the agreement to provide good customer service. Beyond the minimum standards
contained in the agreement and the minimum required under FCC guidelines, Verizon has
guaranteed customer credits for missed installation, service or maintenance appointments and
quarterly service reports to be submitted to the City. Verizon will also clearly list the City's
contact information on their subscribers' bills should. customers have unresolved complaints as is
done by the current provider. Staff is also of the opinion that the introduction of competition
alone will have the greatest impact on customer service provided by both cable service providers.
Analysis of Lepal Requirements:
Hermosa Beach
The proposed Franchise is being submitted to the City Council at a properly noticed public
hearing, in accordance with the requirements of: California Government Code §§ 6066 and
53066.3(a).
Staff has analyzed each of: the requirements for the grant of an additional cable franchise,
including but not limited to theCouncil's due consideration of certain criteria enumerated by
California law, as follows:
(1) Whether there will be significant positive or negative impacts on the community being
served. See Cal. Gov't Code § 53066.3(a)(1).
The grant of a nonexclusive cable franchise to Verizon will have no negative impact on the
community and the overall impact of Verizon's presence as a cable service provider in Hermosa
Beach will be positive. Among the most significant positive impacts of Verizon's presence are
those directly related to the benefits that cable competition will bring to the City's residents,
including, but not limited to:
Customer choice for different services that competing providers will offer. Verizon's
service will offer an extensive lineup of video programming, both traditional and
nontraditional, government access programming and pay-per-view services.
Competition may result in higher customer service quality, improved programming and
lower rates.
Federal, state and local law favors competition in the provision of: cable services directly to
consumers and it is recognized at all levels of government that cable competition can benefit
consumers in several ways.
The Cable, Video, and Telecommunications Service Providers Ordinance of Hermosa
Beach states that one of its purposes and intent is to "promote competition in cable,
video, and telecommunications services, minimize unnecessary local regulation of
cable, video, and telecommunications service providers, and encourage.the delivery
of advanced and competitive cable, video, and telecommunications services on the
broadest possible basis to local government and to the businesses, institutions, and
residents of the City." Proposed Cable Ordinance § 5.16.020(B)(4).
The State Legislature has similarly specifically proclaimed by statute that: "[t]he
Legislature hereby finds and declares that the policies for telecommunications in
California are to promote lower prices, broader consumer choice, and avoidance
of anticompetitive conduct" and "to remove the barriers to open and competitive
markets and promote fair product and price competition in a way that encourages
greater efficiency, lower prices, and more consumer choice." Cal. Pub. Util. Code
§§ 709(o & (g).
• Congress, the General Accounting Office, and the FCC have specifically found that
• wireline competition in the provision of cable service results in higher customer
service quality, improved programming. and lower rates. See, e.g., 47 U.S.C. § 521(6)
Hermosa Beach 6
(stating that it is the purpose of the Cable Act to "promote competition in cable
communications"); H.R. Rep. 102-628 ("The Committee continues to believe that
• competition is essential both for ensuring diversity in programming and for protecting
consumers from potential abuses by cable operators possessing market power.. The
Committee believes that steps must be taken to encourage the further development of
robust competition," including encouraging "cable overbuilds."); General Accounting
Office, Wire -Based Competition Benefited Consumers in Selected Markets, Report to
the Subcommittee on Antitrust, Competition Policy and Consumer Rights, Committee
on the Judiciary, U.S. Senate (Feb. 2004); Annual Assessment of the Status of
Competition in the Market for the Delivery of Video Programming, MB Docket No.
03-172, FCC 04-5, ¶ 11 (2004).
• Consumer advocates repeatedly have confirmed the positive effects of wireline cable
competition. See, e.g., The Failure of Cable Deregulation: A Blueprint for Creating a
Competitive, Pro -Consumer Cable Television Marketplace, U.S. Public Interest
Research Group, August 2003, available at URL:
http:Huspirg.or uspir .asp?id2=10531&id3=USPIRG&.
Based on all of the above, Staff recommends the Council determine that by fostering
competition, granting of a nonexclusive franchise to Verizon to provide cable services will have
a significant positive impact on Hermosa Beach and will not have any negative impact.
(2) Whether there will be an unreasonable adverse economic*or aesthetic impact upon
• public or private property within the area. See Cal. Gov't Code § 53066.3(a)(2).
Staff recommends the Council determine that the grant of a nonexclusive cable franchise to
Verizon will not result in any unreasonable adverse economic and aesthetic impacts upon public
or private property within Hermosa Beach.
Granting Verizon a franchise to provide cable services should not have an adverse economic
impact on the City. To the contrary, granting Verizon a franchise should bring substantial
economic and developmental benefits to our City.
Grant of the franchise will bring competitiveness for video programming service to
the residents of Hermosa Beach, which should result in a positive economic impact
for subscribers. There may also be a positive impact on Hermosa Beach's economic
development efforts with competitive service providers available. With the grant of a
franchise to Verizon, Hermosa Beach will gain another provider for customers to
receive a "triple play" of video, voice and data over a wired communications
network.
• Granting Verizon a franchise should also increase cable penetration, adding
subscribers to the City's franchise fee base. Some residents who do not currently
subscribe to cable service or who are satellite customers today will likely subscribe to
Verizon's video service, thereby increasing the overall number of subscribers
• generating revenue on which cablefranchise fees are paid. The increase in content
choices that will result from Verizon's service offerings has the potential to create
Hermosa Beach 7
more purchases in the higher cable tiers, increasing the franchise fee revenue base in
this manner as well.
Staff recommends the Council find that the grant of a franchise to Verizon will not result in any
unreasonable adverse aesthetic impact upon public or private property within Hermosa Beach.
• Verizon is seeking a franchise from the City to provide cable services over Verizon's
existing FTTP network, once completed. The FTTP network carrying Verizon's
cable services will be constructed, operated and maintained as an upgrade to and/or
extension of Verizon's existing telecommunications facilities pursuant to authority
granted by the State; thus, Verizon is not required to obtain a franchise from the City
to construct its FTTP network. Because the facilities used to provide Verizon's cable
services will be the same facilities used to provide the other services that will be
carried by Verizon's FTTP network, the grant of a cable franchise to Verizon will
have no additional adverse aesthetic effect on public or private property beyond that
created by the State permitted improvements.
• During the installation of its FTTP network, Verizon has been working in close
coordination with the City's Public Works Department to minimize disruptions and
adverse impacts to the City's streets. Where Verizon's existing network is placed
overhead, on existing utility poles, the upgraded network facilities will be placed
overhead; where Verizon's existing network is placed underground, the upgraded
network will be placed underground. Some additional equipment boxes will be
• placed in the public rights-of-way, as permitted by Verizon's statewide
telecommunications authority. The construction of Verizon's FTTP network
therefore will not result in significant adverse aesthetic changes to public or private
property.
(3) Whether there will be an unreasonable disruption or inconvenience to existing users,
or any adverse effect on future use, of utility poles, public easements, and the public
rights-of-way contrary to the intent of Section 767.5 of the Public Utilities Code.
See Cal. Gov't Code § 53066.3(a)(3).
Staff recommends the Council find that there,should not be any unreasonable disruptions or
inconvenience to existing cable users, nor any adverse effects in the areas noted above. Verizon
is seeking a franchise from the City to provide cable services over Verizon's existing FTTP
network, once completed. Because the facilities used to provide Verizon's cable services will be
the same facilities used to provide the other services that will be carried by Verizon's FTTP
network, consistent with Section 767.5 of the Public Utilities Code, the grant of a cable franchise
to Verizon will cause no additional disruptions or inconvenience to existing users, nor any
adverse effects on the future use of utility poles, public easements or public rights-of-way.
(4) Whether the franchise applicant has the technical and financial ability to perform (see
Cal. Gov't Code § 53066.3(a)(4)).
Verizon is a very large corporate entity that has committed significant financial resources to
construct the system and provide the video service. The system includes not only the facilities
Hermosa Beach 8
within the City of Hermosa Beach but also redundant transmission facilities located through the
country to. provide the -video service. On that basis, staff recommends the Council find that
•
Verizon has demonstrated the financial and technical qualifications and the ability to provide
cable service in Hermosa Beach.
(S) Whether there is any impact on the franchising authority's interest in having universal
cable service. See Cal. Gov't Code § 53066.3(a)(5).
The grant of a nonexclusive cable franchise to Verizon will have a positive impact on the City's
interest in universal cable service. Providing the residents of Hermosa Beach a choice of
providers will have a significant positive impact on the City's desire in promoting universal
cable service.
(6) Whether other societal interests generally considered by franchising authorities will be
met. See Cal. Gov't Code § 53066.3(a)(6).
Staff finds that the grant of a nonexclusive franchise to Verizon will meet a variety of societal
interests generally considered by franchising authorities. These include: the City's interest in
enhancing civic awareness and community participation through the reservation of public
educational, and governmental access channels on Verizon's system; the City's interest in.
community connectivity through Verizon's provision of cable service to City, school district and
community facilities; the City's interest in generating additional revenue through the payment of
annual franchise fees from Verizon; and the City's interest in continuing economic development
in the community, as Verizon's state-of-the-art service offerings and network will add to the
value and attractiveness of local residential and business development.efforts. Finally, providing
our residents with a choice of cable providers will also enhance societal interests in our
community by bringing the benefits of competition in the provision of cable services to the City.
(7) Whether the operation of an additional cable system in the community is economically
feasible. See Cal. Gov't Code § 53066.3(a)(7).
Staff recommends the Council find that it is economically feasible for the community to support
a competitive cable service provider. Hermosa Beach is a thriving beach community in the Los
Angeles area. With a current population of about 19,600, the City is an attractive place to live
that boasts exciting recreational facilities, beautiful beaches, and easy access to major
transportation routes.
Verizon intends to bring the City's residents a choice of cable service providers by offering a
state-of-the-art video service that will be fully competitive with the existing video offerings in
the City. After reviewing the proposed services and the video product offered by Verizon in
other jurisdictions, Staff believes that Verizon has a good faith basis to believe that its service
offering will be attractive to consumers, that Verizon has committed significant capital to
constructing and operating the new system, and that it will therefore be economically feasible for
Verizon to provide cable service in Hermosa Beach. In addition, the manner in which Verizon is
installing the FTTP network over which its cable service will be delivered — as an upgrade to its
• existing telecommunications network that will also carry voice and data services — means that
minimal additional capital expenditures are needed to allow Verizon to support its cable service
Hermosa Beach 9
offering. Staff has received repeated requests from residents for direct cable competition over
many years. Direct broadcast satellite video service has grown in the City, so therefore Staff
believes Verizon's service will be successful in obtaining customers in the City.
(8) Such other additional matters, both procedural and substantive, as the franchising
authority may determine to be relevant. See Cal. Gov't Code § 53066.3(a)(8).
(a) PEG Requirements. See Cal. Gov't Code § 53066.30.
California Government Code § 53066.3 also requires the City to ensure that competitive
franchise agreements contain the same public, educational, and governmental (PEG) access
requirements that are set forth in the existing franchise.
The incumbent cable operator in Hermosa Beach provides 3 PEG channels. Staff negotiated the
proposed Franchise Agreement to require Verizon to provide three PEG channels and carry the
PEG programming on the incumbent provider's cable system as soon as Verizon is able to
interconnect with the incumbent provider.
Staff has determined that the proposed cable Franchise Agreement's terms fully ensure that
Verizon provides adequate PEG access channel capacity, facilities and financial support and that
Verizon's obligations in this area are comparable to those contained in the City's existing cable
franchise agreement. Therefore Staff recommends the Council find that Verizon's proposal
• complies with California Government Code § 53066.3.
0'
(b) Non -Discrimination Requirements. See Cal. Gov't Code 53066.3(d); 47 U.S.C.
§ 541(a)(3).
California Government Code § 53066.3(d) and Section 621 of the Communications Act, 47
U.S.C. § 541(a)(3) contain certain non-discrimination requirements. Verizon's proposal will
activate cable service throughout the entire City simultaneously, therefore Staff recommends the
Council find that Verizon's proposal complies with such requirements.
(c) Rates to Subscribers. See 47 U.S.C. � 543; 47 C.F.R. & 76.900 et seg.
As part of the 1996 amendments to the Communications Act, local communities must be
certified by the FCC to regulate cable rates, may regulate only rates for the basic service tier and
only for cable operators that are not subject to "effective competition" as defined under the Act.
The City's authority to regulate rates of upper programming tiers (or so-called cable
programming service tiers) sunset in 1999. 47 U.S.C. § 543(c)(4).
As a new competitive entrant into the cable market, Verizon is, by definition, subject to
"effective competition." See 47 U.S.C. § 543(1). As such, the City may not regulate Verizon's
cable rates. As noted above, various studies have determined that direct wire line competition in
cable service most likely will reduce rates.
Hermosa Beach 10
(d) System Design and Technical and Performance Quality of the Equipment.
Pursuant to federal law, franchising authorities may not regulate the "facilities, and equipment
provided by a cable operator" except as specifically permitted by Title VI of the
Communications Act. 47 U.S.C. § 544(a). Nonetheless, the City has an interest in
understanding the system planned by Verizon to offer its cable service. Verizon's therefore has
set forth an explanation of its. planned system architecture. See Proposed Franchise Agreement
Article 5.
(e) Willingness and Ability of the Applicant to Meet Construction Requirements and
Abide by Franchise Limitations and Requirements. See, Cal. Pub. Util. Code
§ 7901, General Administrative Order 95, 47 U.S.C. 552(a)(2).
Verizon's FTTP Network is being constructed as a Telecommunications Facility pursuant to
Title II of the Communications Act, its Certificate of Public Convenience and necessity issued
by the California. Public Utilities Commission, Section 7901 of the California Public Utilities.
Code and General Administrative Order 95. As such, Verizon has an existing authority apart
from the proposed cable franchise to construct the FTTP Network. Therefore, the proposed
Franchise Agreement recognizes that the City does not, and cannot, regulate Verizon's
Telecommunications Facilities except to the extent specifically permitted by federal and state
law. See Proposed Franchise Agreement Articles 2.2, 4. Verizon has complied with all
applicable construction and permitting requirements of the City.
(f) Competitive Neutrality Between Proposed Verizon Cable Franchise A reement
and Incumbent Cable Franchise Agreement.
The proposed Franchise Agreement contains a number of significant provisions (outlined above
under "Major Provisions") that are relevant to Verizon's provision of cable services in the City.
In addition, Staff has reviewed the material provisions of the proposed cable franchise agreement °
between Verizon and the City, negotiated changes to the provisions with the intent of
competitive neutrality, and recommends the Council find the Verizon franchise is competitively
neutral with the provisions contained in the incumbent franchise agreement. For comparison
purposes, we note the incumbent franchise was most recently renewed by a grant of renewal to
ML Media Partners, L.P on September 27, 1994. In addition, Staff believes that the proposed
Franchise Agreement with Verizon does not deprive any party of equal protection under the law.
Conclusion:
Based on all of the evidence presented to the Council above, as well as at its meeting, Staff
recommends that the City Council find that granting a nonexclusive franchise to provide cable
services to Verizon is in the public interest, and recommend that the City Council approve and
authorize the City Manager to execute the proposed Franchise. Agreement. Negotiations between
Verizon and the City have resulted in an agreement that is competitively neutral with the
incumbent cable franchise agreement and contains a number of provisions designed to protect
the best interests of the City and its residents. The franchise agreement may bring substantial
• economic and developmental benefits to our City, and will be a significant step towards
recognizing a variety of the benefits that cable competition can bring to the City and its residents.
Hermosa Beach 11
U
t
Respectfully submitted:
Brad Wohlenberg
City.Attorney's Office
Mirael rl
Pe Risk Mana ment Director
Hermosa Beach
12
Concur:
Stephen Burr 11
City Manager
u
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not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
January 19
ALL IN THE YEAR 2006
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
Thic 19th day of -Tanunrv- 2006
Proof of Publication of -
CITY OF HERMOSA BEACH
Ordinance 06-1260
HC06-005
c yj
;o
City of
Hermosa Beach
ORDINANCE
NO. 06-1260
AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY
OF HERMOSA BEACH, CAL-
IFORNIA, GRANTING A
NON-EXCLUSIVE FRAN-
CHISE TO PROVIDE CABLE
SERVICE TO VERIZON CALI-
FORNIA, INC.
I
WHEREAS, the City of
Hermosa Beach. is a
Franchising Authority" as
defined by Title VI of the
Communications Act (see 47
U.S.C. § 522(10)) and is autho-
rized to grant one or more
nonexclusive cable franchises
pursuant to California
Government Code §53066
and 'Section 5.16.040 of the
City of Hermosa ,Beach
Municipal Code;
WHEREAS, Verizon
California, Inc. ("Franchisee") is
in the process of planning and
installing a Fiber to the
Premise Telecommunications
Network rFTTP Network's that
will occupy the Public Rights -
of -Way within the City of
Hermosa Beach for the trans-
mission of non -cable services
pursuant to its status as a
telecommunications carrier as
set forth in Title II of the
Communications Act and
under authority granted by the
State of California;
WHEREAS, the FTTP
Network, once installed, will
enable the provision of cable
service to the residents of
Hermosa Beach;
WHEREAS, negotiations
between the Franchising
Authority and the Franchisee
have resulted in a franchise
agreement, which agreement
comports with the require-
ments of applicable law;
WHEREAS, notice of public
hearing before the City Council
to consider the proposed cable
franchise agreement was prop-
erly published in the Easy
Reader on November 24 and
December' 1, 2005, in accor-
dance with California
Government Code § 6066 and
§ 53066.3(a);
WHEREAS, the Franchising
Authority has reviewed the
legal, technical and financial
qualifications of the Franchisee
to operate and provide cable
service within the City and
Franchising Authority's staff
has prepared a Staff Report
dated December 13, 2005
("Staff Report") setting forth
those qualifications, the future
cable -related needs and inter-
est of the City of Hermosa
Beach and its residents, and
examining each of the require-
ments and criteria set forth by
federal, state and local law with
respect to granting an addition-
al cable television franchise, as
well as any .applicable provi-
sions in existing franchises;
and
WHEREAS, after receiving
the comments of interested
parties at a public hearing
affording due process to all
parties, in deliberation of the
entire record regarding this
matter before it, including other
pertinent information, and
specifically considering each of
the requirements and criteria
enumerated in California
Government Code, §
53066.3(a), 47 U.S.C. § 541(a),
and all other applicable provi-
sions of law, as well as any
applicable provisions in exist-
ing franchises, the Franchising
Authority determines that it is in
the public interest to approve
the proposed cable television
franchise agreement and
authorize and.direct the execu-
tion of the proposed Franchise
Agreement;
NOW, THEREFORE, THE
CITY COUNCIL OF THE CITY
OF HERMOSA BEACH, CAL-
IFORNIA, DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. The City
Council concludes that the
cable -related needs and inter-
ests of the City of Hermosa
Beach, California and the
Franchisee's legal, technical,
and financial qualifications to
operate and provide cable ser-
vice within the City are accu-
rately identified by the attached
Staff Report. The Staff Report,
as well as the supporting evi-
dence presented at the public
hearing on December 13,
2005, is hereby adopted by the
Franchising Authority in its
entirety as its ascertainment of
the cable -related needs and
interests of the City, the
Franchisee's qualifications to
operate and provide cable ser-
vice within the City. The Staff
Report and evidence also sup-
ports the Franchising
Authority's consideration of
each of the requirements and
criteria enumerated in
California Government Code §
53066.3(a), 47 U.S.C. § 541(a),
all other applicable provisions
of law, as well as any applica-
ble provision in existing fran-
chises.
SECTION 2. The
Franchising Authority deter-
mines that it is in the public
interest to grant a nonexclusive
franchise to operate and pro-
vide cable service to Verizon
California, Inc. As evidence of
its consideration of each of the
factors enumerated in
California Government Code §
53066.3(a), 47 U.S.C. §
541(a)(3), all other applicable
provisions of law, as well as
any applicable provisions in
existing franchises, the
Franchising Authority hereby
adopts the Findings of Fact in
the attached Staff Report in
support of this determination.
SECTION 3. The
Franchising Authority autho-
rizes the grant of a nonexclu- ,
sive franchise to the
Franchisee to operate and pro-
vide cable service within the I
'City. This authorization is made j
in accordance with the applica-
ble provisions of California
Government Code § 53066.3
and Title VI of the
Communications Act. A copy of
the Franchise Agreement in
the form set forth presented
and amended at a public hear-
ing on December 13, 2005, is
attached and will be retained in
the office of the City Clerk for
the purpose of public inspec-
tion. .
SECTION 4. That certain
Franchise Agreement in, the
form set forth and presented to
the City Council at this public
hearing is approved, and the
City Manager is authorized and
directed to execute that agree-
ment on behalf of the
Franchising Authority following
its execution by the Franchisee.
SECTION 5. The effective
date of the Franchise
Agreement shall be the date
set forth therein.
SECTION 6. Notice of
Adoption. The City Clerk of the
City of Hermosa Beach shall
certify to the adoption of this
Ordinance and cause publica-
tion to occur in a newspaper of
general circulation and pub-
lished and circulated'in the City
in a -manner permitted under
Section 36033 of the California
Government Code.
SECTION 7. This Ordinance
shall become effective thirty
(30) days after the date of its
adoption.
PASSED, APPROVED and
ADOPTED this 10th of
January 2006 by the following
vote:
AYES: Edgerton,
Keegan,
Reviczky and
Mayor Tucker
NOES: None
ABSENT: None
ABSTAIN: None
Peter C. Tucker
PRESIDENT of the City
Council and MAYOR of the
City of Hermosa Beach,
California
ATTEST:
_Elaine Doerfling
City Clerk
APPROVED AS TO FORM:
_Michael Jenkins_
City Attorney
Easy Readerinc/Redondo
Beach Hometown News/
January 19, 2006/HC06.005
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ORDINANCE NO. 06-1261
AN ORDINANCE OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, REGARDING TREES IN PUBLIC RIGHTS-OF-
WAY AND AMENDING THE HERMOSA BEACH MUNICIPAL
CODE
The City Council of the City of Hermosa Beach does ordain as follows:
SECTION 1. Chapter 12.36 of Title 12 of the Hermosa Beach Municipal Code is
amended in its entirety to read as follows:
TREES
Sections:
12.36.010
Definitions
12.36.020
Planting of trees in parkway.
12.36.030
Maintenance of trees in the parkway.
12.36.040
Prohibition of damage, destruction or removal of parkway
trees.
12.36.050
Permit requirement for tree removal.
12.36.060
Prohibition of attaching objects to parkway trees.
12.36.070
Protection of parkway trees during construction.
12.36.075
Abatement of nuisance conditions.
12.36.080
Remedies.
12.36.090
Violations.
12.36.010 Definitions
As used in this chapter:
"Director" means the Public Works Director or his/her designee.
"Parkway" means that portion of the public right-of-way that is not paved as a street or
sidewalk, including encroachment areas used as yards by abutting property owners.
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"Property Owner" means the person or entity that owns the real property abutting and
usually extending to the centerline of the immediately adjacent public -right-of-way, where a
parkway tree is located. In the case where the parkway tree is located on the property line between
two properties, then the "Property Owner" shall refer to both property owners.
"Public right-of-way" means any area owned by or dedicated to the City for highway
I I Purposes.
"Tree" means any perennial plant having a self-supporting woody main stem or trunk
measuring at least five inches in circumference at a height of six feet above the ground, usually
characterized by the ability to grow to considerable height or size and to develop woody branches.
12.36.020 Planting of trees in parkway.
No person other than the City and the Property Owner shall plant a tree on any parkway.
The Property Owner requesting to plant a tree in the parkway shall first obtain a permit from the
Director. Only those species of trees specified on the City's official list of approved parkway trees
shall be planted in the parkway. Trees planted on the parkway by the Property Owner shall be
planted in accordance with horticultural standards promulgated by the Director. All work under a
permit shall be performed within thirty days of the issue date of the permit, and shall be performed
in accordance with the conditions and requirements set forth in the permit.
12.36.030 Maintenance of trees in the parkway.
A. With the exception of those trees maintained by the City (as set forth in an inventory of
City -maintained trees published by the Director), it is the duty of the Property Owner at his or her
expense to cultivate, care for and provide for the complete maintenance of all trees on the parkway
adjacent to their real property. Trees shall be maintained in accordance with horticultural
standards promulgated by the Director, and shall be maintained in a manner as not to cause or
constitute a nuisance. The Property Owner shall be liable for all damages or injuries incurred by
any person or to any real or personal property arising from his or her failure to maintain parkway
trees as required by this Section.
B. No person other than the City and the Property Owner, including but not limited to
utility companies and others owning facilities or performing work in the public right-of-way, shall
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trim, prune or cut a tree without first obtaining a permit from the Director. All work under a
permit shall be performed within thirty days of the issue date of the permit, and shall be performed
in accordance with the conditions and requirements set forth in the permit.
12.36.040 Prohibition of damage to or destruction of parkway trees.
A. No person, including the Property Owner, shall willfully injure, deface, mutilate,
poison or destroy a parkway tree.
B. No person shall place or maintain any stone, concrete, cement, asphalt, brick or other
substance or object within the drip -line of a parkway tree so as to impede free access of water and
air to the roots of the tree.
C. No person shall cause or allow any substance deleterious to tree life, including but not
limited to oil, dye, brine or any other substance, to pour, flow or drip on any parkway tree or
around the base of any such tree.
12.36.050 Permit requirement for tree removal.
A. No person, including the Property Owner, shall remove a parkway tree without first
obtaining a permit from the Director except under exigent or emergency services. A permit to
replace a tree may be issued if the tree is dead, otherwise constitutes a public nuisance or interferes
significantly with the use and enjoyment of the immediately adjoining property. All work under a
permit shall be performed within thirty days of the issue date of the permit, and shall be performed
in accordance with the conditions and requirements set forth in the permit.
B. Applications for permits to remove a tree with a trunk diameter in excess of twelve
inches (measured six feet above the ground) shall be referred to and decided by the Public Works
Commission following a public hearing. Notice of the hearing shall be provided to the owners of
all real property within a radius of three hundred feet of the subject tree. The decision of the
Commission may be appealed to the City Council. Appeals shall be filed in writing within ten
days of the final decision of the Commission. The City Council's decision shall be final.
C. A permit to remove a tree shall include imposition of a condition requiring replacement
of the tree at the same or a different location with a tree from the City's official list of approved
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parkway trees, unless the Director or the Commission find that replacement is physically
impractical or infeasible.
12.36.060 Prohibition of attaching objects to parkway trees.
No person shall tack, nail, paste or otherwise attach by any means whatsoever any sign,
notice, advertisement or any other printed matter, or place any board, platform or other object on a
tree. No person shall attach any rope or wire to any tree for the purpose of maintaining or
repairing the tree without first receiving a permit from the Director.
12.36.070 Protection of parkway trees during construction.
During the construction, repair or renovation of any structure, utility facility or right-of-
way improvement, the person responsible for such activity shall take all necessary precautions to
protect parkway trees in the vicinity of the construction project.
12.36.075 Abatement of nuisance conditions.
The Property Owner shall abate any condition of a parkway tree determined by the Director
to constitute a public nuisance. For purposes of this section, "tree" shall include shrubs and other
vegetation in the parkway. Conditions constituting a nuisance include, but are not limited to, dead
or diseased trees, trees constituting a danger to persons or property, trees impairing vehicular
visibility, trees endangering utility wires, trees damaging the sidewalk pavement, or trees
impairing pedestrian use of the sidewalk. The nuisance condition shall be abated in the manner
prescribed by the Director. In the event the Property Owner fails or refuses to abate the nuisance,
the provisions of Chapter 8.28 pertaining to abatement of public nuisances shall be applicable.
12.36.080 Remedies.
In addition to any other remedies provided for in this Code and State law, a person who
damages, mutilates, removes or destroys a parkway tree shall be liable to the City for the full
replacement cost of the tree.
12.36.090 Violations.
Violations of the provisions of this Chapter shall be infractions, punishable in accordance
with Section 1.12.010 of this Code.
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SECTION 2. This ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 3. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance,
shall enter the same in the book of original ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 10th of January 2006 by the following vote:
AYES: Keegan, Reviczky and Mayor Tucker
NOES: None
ABSENT- Edgerton
ABSTAIN: None
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California
INIIyMIN
City Clerk
5
APPROVEDA TO FORM:
City Attorney
06-1261
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 06-1261 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 24th of January 2006, and said
ordinance was published in the Easy Reader newspaper on February 2, 2006.
The vote was as follows:
• AYES: Keegan, Reviczky , Mayor Tucker
NOES: None
ABSENT- Edgerton
ABSTAIN: None
DATED: February 14, 2006
City Clerk
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EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
easyreader@easyreader.info
PROOF OF PUBLICATION
(2015.5C.C.P.)
STATE OF CALIFORNIA,
Countyof Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
February 2
ALL IN THE YEAR 2006
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 2"d day of February, 2006
4�
Beverly Mo . Princip I Clerk
Proof of Publication of-
CITY
f
CITY OF HERMOSA B:
Ordinance 06-1261
HC06-006
�w•o City of
l
LL Hermosa Beach
ORDINANCE NO. 06-1261
AN ORDINANCE OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, REGARDING TREES IN
PUBLIC RIGHTS-OF-WAY AND AMENDING THE
HERMOSA BEACH MUNICIPAL CODE
The City Council of the City of Hermosa Beach does ordain as
follows:
SECTION 1. Chapter 12.36 of Title 12 of the Hermosa Beach
Municipal Code is amended in its entirety to read as follows:
TREES
Sections:
12.36.010 Definitions
12.36.020 Planting of trees in parkway.
12.36.030 Maintenance of trees in the parkway.
12.36.040 Prohibition of damage, destruction or removal
of parkway trees.
12.36.050 Permit requirement for tree removal.
12.36.060 Prohibition of attaching objects to parkway trees.
12.36.070 Protection of parkway trees during construction.
12.36.075 Abatement of nuisance conditions.
12.36:080 Remedies.
12.36.090 Violations.
12.36.010 Definitions
As used in this chapter:
"Director" means the Public Works Director or his/her designee.
"Parkway" means that portion of the public right-of-way that is
not paved as a street or sidewalk, including encroachment areas
used as yards by abutting property owners.
"Property Owner" means the person or entity that owns the real
property abutting and usually extending to the centerline of the
immediately adjacent public -right-of-way, where a parkway tree is
located. In the case where the parkway tree is located on the prop-
erty line between two properties, then the "Property Owner" shall
refer to both property owners.
"Public right-of-way" means any area owned by or dedicated to
the City for highway purposes.
"Tree" means any perennial plant having a self-supporting
woody main stem or trunk measuring at least five inches in cir-
cumference at a height of six feet above the ground, usually char-
acterized by the ability to grow to considerable'height or size and
to develop woody branches.
12.36.020 Planting of trees in parkway.
No person other than the City and the Property Owner shall
plant a tree on any parkway. The Property -Owner requesting to
plant a tree in the parkway shall first obtain a permit from the
Director. Only those species of trees specked on the City's official
list of approved parkway trees shall be planted in the parkway.
Trees planted on the parkway by the Property Owner shall be
planted in accordance with horticultural standards promulgated by
the Director. All work under a permit shall be performed within thir-
ty days of the issue date of the permit, and shall be performed in
accordance with the conditions and requirements set forth in the
permit.
12.36.030 Maintenance of trees in the parkway.
A. With the exception of those trees maintained by the City (as
set forth in an inventory of City -maintained trees published by the
Director), it is the duty of the Property Owner at his or her expense
to cultivate, care for and provide for the complete maintenance of
all trees on the parkway adjacent to their real property. Trees shall
be maintained in accordance with horticultural standards promul-
gated by the Director, and shall be maintained in a manner as not
to cause or constitute a nuisance. The Property Owner shall be
liable for all damages or injuries incurred by any person or to any
real or personal property arising from his or her failure to maintain
parkway trees as required by this Section.
B. No person other than the City and the Property Owner,
including but not limited to utility companies and others owning
facilities or performing work in the public right-of-way, shall trim,
prune or cut a tree without first obtaining a permit from the Director.
All work under a permit shall be performed within thirty days of the
issue date of the permit, and shall be performed in accordance
with the conditions and requirements set forth in the permit.
12.36.040 Prohibition of damage to or destruction of park-
way trees.
A. No person, including the Property Owner, shall willfully injure,
deface, mutilate, poison or destroy a parkway tree.
B. No person shall place or maintain any stone, concrete,
cement, asphalt, brick or other substance or object within the drip -
line of a parkway tree so as to impede free access of water and air
to the roots of the tree.
C. No person shall cause or allow any substance deleterious to
tree life, including but not limited.to oil, dye, brine or any other sub-
stance, to pour, flow or drip on any parkway tree or around the
base of any such tree.
12.36.050 Permit requirement for tree removal.
A. No person, including the Property Owner, shall remove a
parkway tree without first obtaining a permit from the Director
except under exigent or emergency services. A permit to replace
a tree may be issued if the tree is dead, otherwise constitutes a
public nuisance or interferes significantly with the use and enjoy-
ment of the immediately adjoining property. All work under a per-
mit shall be performed within thirty days of the issue date of the
permit, and shall be performed in accordance with the conditions
and requirements set forth in the permit.
B. Applications for permits to remove a tree with a trunk diam-
eter in excess of twelve inches (measured six feet above the
ground) shall be referred to and decided by the Public Works
Commission following a pudic hearing. Notice of the hearing shall
be provided to the owners of all real property within a radius of
three hundred feet of the subject tree. The decision of the
Commission may be appealed to the City Council. Appeals shelf
be filed in writing. within ten days of the final decision of the
Commission. The City Council's decision shall be final.
C. A permit to remove a tree shall include imposition of a con-
dition requiring replacement of the tree at the same or a different
location with a tree from the City's official list of approved parkway
trees, unless the Director or the Commission find that replacement
is physically impractical or infeasible.
12.36.060 Prohibition of attaching objects to parkway trees.
No person shall tack, nail, paste or otherwise attach by any
means whatsoever any sign, notice, advertisement or any other
printed matter, or place any board; platform or other object on a
tree. No person shall attach any rope or wire to any tree for the
purpose of maintaining or repairing the tree without first receiving
a permit from the Director.
12.36.070 Protection of parkway trees during construction.
During the construction, repair or renovation of any structure
utility facility or right-of-way improvement, the person responsible
for such activity shall take all necessary precautions to protec
parkway trees in the vicinity of the construction project.
12.36.075 Abatement of nuisance conditions.
The Property Owner shall abate any condition of a parkway tree
determined by the Director to constitute a public nuisance. For put
poses of this section, "tree" shall include shrubs and other vegeta
tion in the parkway. Conditions constituting a nuisance include, Ix.
are not limited to, dead or diseased trees, trees constituting a dar
ger to persons or property, trees impairing vehicular visibility, tree
endangering utility wires, trees damaging the sidewalk pavemen
or trees impairing pedestrian use of the sidewalk. The nuisanc
condition shall be abated in the manner prescribed by the Directo
In the event the Property Owner fails or refuses to abate the nu
sante, the provisions of Chapter 8.28 pertaining to abatement c
public nuisances shall be applicable.
12.36.080 Remedies.
In addition to any other remedies provided for in this Code at
State law, a person who damages, mutilates, removes or destroq
a parkway tree shall be liable to the City for the full replaceme
cost of the tree.
12.36.090 Violations.
Violations of the provisions of this Chapter shall be infraction
punishable in accordance with Section 1.12.010 of this Code.
SECTION 2. This ordinance shall become effective and be
full force and effect from and after thirty (30) days of its final pa
sage and adoption.
SECTION 3. Prior to the expiration of fifteen (15) days after tl
date of its adoption, the City Clerk shall cause this ordinance to I
published in the Easy Reader, a weekly newspaper of general k
culation published and circulated, in the City of Hermosa Beach
the manner provided by law.
SECTION 4. The City Clerk shall certify to the passage a
adoption of this ordinance, shall enter the same in the book of or
inal ordinances of said city, and shall make minutes of the passa
and adoption thereof in the records of the proceedings of the C
Council at which the same is passed and adopted.
AYES: Keegan, Reviczky and Mayor Tucker
NOES: None
ABSENT: Edgerton
ABSTAIN: None
PRESIDENT of the City Council and MAYOR of the City
Hermosa Beach, California
ATTEST:
Elaine Doe
City Clerk
APPROVED AS TO FORM:
Michael Jenld
City Attorney
Easy Reader Inc/Redondo Beach Hometown
February 2, 20061HC
Ordinance 05-1250 is amended by this Ordinance (06-1262)
To extend the deadline until September 14, 2006.
Ord 05-1250 (section 7) states:
SECTION 7. The building, .pl mbirig and electrical permits, plan check and the
first annual reinspection fees shall be waived if the applicable grease recovery system has
been installed within 180 d6's of the effective date of this Ordinance. (6/14/05)
Thereafter, all affected establishments shall comply with the fee requirements established
in the City's Master Schedule of Service Charges and Fees.
Ord. 06-1262 states:
SECTION 1. The City Council hereby finds that, due to the time needed for
inventory of existing grease control devices (GCDs) in food service establishments and
for the preparation of plans for new GCDs required by Ordinance -No. 05-1250,
extensions of the GCD installation and fee waiver deadlines established in Ordinance No.
05-1250 are warranted.
t• SECTION 2. The deadline established in Section 7 of Ordinance No. 05-1250 for
installation of required GCD(s) is hereby extended to Se iteinber 14, 2006.
SECTION 3. The deadline established in Section 7 of Ordinance No. 05-1250 for
waiver of building permit and plan check fees and the first annual reinspection fee is
hereby extended to June 14, 2006, provided that an application is submitted for a permit
for the GCD(s) required pursuant to Ordinance No. 05-1250 by that date. Thereafter, all
affected establishments shall comply with the fee requirements established in the City's
Master Schedule of Service Charges and Fees:.
Elaine Doerfling
City Clerk
February 13, 2006
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ORDINANCE NO. 06-1262
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, AMENDING ORDINANCE NO.
05-1250 TO EXTEND THE DEADLINES FOR THE INSTALLATION
OF NEW GREASE CONTROL DEVICES IN FOOD SERVICE
ESTABLISHMENTS AND THE WAIVER OF PERMIT FEES
THEREFOR
The City Council of the City of Hermosa Beach does hereby ordain as follows:
SECTION 1. The City Council hereby finds that, due to the time needed for inventory of
existing grease control devices (GCDs) in food service establishments and for the preparation of
plans for new GCDs required by Ordinance No. 05-1250, extensions of the GCD installation and
fee waiver deadlines established in Ordinance No. 05-1250 are warranted.
SECTION 2. The deadline established in Section 7 of Ordinance No. 05-1250 for
installation of required GCDs) is hereby extended to September 14, 2006.
SECTION 3. The deadline established in Section 7 of Ordinance No. 05-1250 for waiver
of building permit and plan check fees and the first annual reinspection fee is hereby extended to
June 14, 2006, provided that an application is submitted for a permit for the GCD(s) required
pursuant to Ordinance No. 05-1250 by that date. Thereafter, all affected establishments shall
comply with the fee requirements established in the City's Master Schedule of Service Charges
I and Fees.
SECTION 4. Adoption of this Ordinance is not a project within the meaning of the
California Environmental Quality Act (CEQA) pursuant to Section 15378 of the State CEQA
I Guidelines.
SECTION 5. This ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 6. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this ordinance to be published in the "Easy Reader", a weekly newspaper of
general circulation published and circulated in the City of Hermosa Beach, in the manner provided
by law.
SECTION 7. The City Clerk shall certify to the passage and adoption of this ordinance,
shall enter the same in the book of original ordinances of said city, and shall make minutes of the
06-1262
passage and adoption thereof in the records of the proceedings of the City Council at which the
t
same is passed and adopted.
2
3
PASSED, APPROVED and ADOPTED this 14th of February 2006 by the following vote:
4
AYES: Edgerton, Keegan, Reviczky, Mayor Tucker
5 NOES: None
6 ABSENT- None
ABSTAIN: None
8
9 PRESIDENT of the City Council and MAYOR Ithe City of Hermosa Beach, California
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ATTEST- APPROVED AS TO FORM:
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City Clerk
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2 06-1262
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 06-1262 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 14th of February 2006, and said
ordinance was published in the Easy Reader newspaper on February 23, 2006.
The vote was as follows:
• AYES:
Edgerton, Keegan, Reviczky, Mayor Tucker
NOES:
None
ABSENT-
None
ABSTAIN:
None
DATED: February 28, 2006
City Clerk
is
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
easyreader@easyreader. info
PROOF OF PUBLICATION
(2015.5C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
• newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
February 23
ALL IN THE YEAR 2006
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 23rd day of February, 2006
• Beverlyors Princip I Clerk
Proof of Publication of:
CITY OF HERMOSA BEACH
Ordinance 06-126SL
HC06-008
o �=fin •
;o Mgr
City of
Hermosa Beach
ORDINANCE
NO. 06-1262
AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY
OF HERMOSA BEACH, CAL-
IFORNIA, AMENDING ORDI-
NANCE NO. 05-1250 TO
EXTEND THE DEADLINES
FOR THE INSTALLATION OF
NEW GREASE CONTROL
DEVICES IN FOOD SERVICE
ESTABLISHMENTS AND
THE WAIVER OF PERMIT
'FEESTHEREFOR
The City Council of the City
of Hermosa Beach does here-
by ordain as follows:
SECTION 1. The City
Council hereby finds that, due
to the time needed for invento-
ry of existing grease control
devices (GCDs) in food service
establishments and for the
preparation of plans for new
GCDs required by Ordinance
No. 05-1250, extensions of the
GCD installation and fee waiv-
er deadlines established in
Ordinance No. 05-1250 are
warranted.
SECTION 2. The deadline
established in Section 7 of
Ordinance No. 05-1250 for
installation of required GCD(s)
is hereby extended to
September 14, 2006.
SECTION 3. The deadline
established in Section 7 of
Ordinance No. 05-1250 for
waiver of building permit and
plan check fees and the first
annual reinspection fee is
hereby extended .to June 14,
2006, provided that an appli-
cation is submitted for a -permit
for the GCD(s) required pur-
suant to Ordinance No. 05-
1250 by that date. Thereafter,
all affected establishments
shall comply with the fee
requirements established in
the City's Master Schedule of
Service Charges and Fees.
SECTION 4. Adoption of
this Ordinance is not a project
within the meaning of the
California Environmental
Quality Act (CEQA) pursuant
to Section 15378 of the State
CEQA Guidelines.
SECTION 5. This ordi-
nance shall become effective
and be in full force and effect
from and after thirty (30) days
of its final passage and adop-
tion.
SECTION 6. Prior to the
expiration of fifteen (15) days
after the date of its adoption,
the City Clerk shall cause this
ordinance to be published in
the "Easy Reader", a weekly
newspaper of general circula-
tion published and circulated
in the City of Hermosa Beach,
in the manner provided by law.
SECTION 7. The City Clerk
shall certify to the passage
and adoption of this ordi-
nance, shall enter the same in
the book of original ordi-
nances of said city, and shall
make minutes of the passage
and adoption thereof in the
records of the proceedings of
the City Council at which the
same is passed avid adopted.
PASSED, APPROVED and
ADOPTED this 14th of
February 2006 by the follow-
ing vote:
AYES: Edgerton, Keegari,
Reviczky,
Easy Reader ;
Mayor Tucker
NOES: None
ABSENT: None
ABSTAIN: None
Peter C. Tucker
PRESIDENT of the City
Council and MAYOR of the
City of Hermosa Beach,
California
ATTEST:
Elaine Doerfling_
City Clerk
APPROVED AS TO FORM:
Michael Jenkins_
City Attorney
Easy ReaderincJRedondo
Beach Hometown News/
February 23, 2006/HC06-008
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• 2s
ORDINANCE NO. 06-1263
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
PROHIBITING THE PROCESSING OF APPLICATIONS FOR
PROPERTIES NOT IN COMPLIANCE WITH APPLICABLE
REQUIREMENTS AND AMENDING THE HERMOSA BEACH
MUNICIPAL CODE
The City Council of the City of Hermosa Beach, does ordain as follows:
SECTION 1. Title 2 of the Hermosa Beach Municipal Code is hereby amended by adding
thereto a new Chapter 2.84 to read as follows:
"Chapter 2.84
LIMITATION ON PROCESSING APPLICATIONS
Sections:
2.84.010 Limitation on processing applications
2.84.010 Limitation on processing applications.
Any illegal condition existing on property in the City shall be remedied before an
application for a permit, license, contract or other entitlement provided for in this code (other than
permits necessary to cure the illegal condition) shall be accepted as complete or processed in
connection with that property."
SECTION 2. This ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 3. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this ordinance to be published in the "Easy Reader", a weekly newspaper of
general circulation published and circulated in the City of Hermosa Beach, in the manner provided
by law.
SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance,
shall enter the same in the book of original ordinances of said city, and shall make minutes of the
06-1263 I
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passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 28th day of February 2006.
AYES:
Edgerton, Keegan, Reviczky, Mayor Tucker
NOES:
None
ABSENT-
None
ABSTAIN:
None
F T
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California
ATTEST- APPROVED TO FORM:
r
City Clerk City Attorney
2
06-1263
• STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 06-1263 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 28th of February 2006, and said
ordinance was published in the Easy Reader newspaper on March 9, 2006.
The vote was as follows:
• AYES: Edgerton, Keegan, Reviczky, Mayor Tucker
NOES: None
ABSENT• None
ABSTAIN: None
DATED: March 14, 2006
City Clerk
U
t
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
easyreader@easyreader.info
PROOF OF PUBLICATION
(2015.5C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Cos Angeles, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
March 9
ALL IN THE YEAR 2006
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 9" day of March, 2006
Beverly orse, Princip4 Clerk
Proof of Publication of:
CITY OF HERMOSA BEACH
AYES:
Ord 06-1263
of Hermosa Beach, does
HC06-009
–
—
Mayor Tucker
2.84.010 Limitation on
ATTEST: Elaine Doerfling
None
processing applications
ABSENT:
None
Code is hereby amended by
APPROVED AS TO FORM:
None
2.84.010 Limitation on
Michael Jenkins
processing applications.
City Attorney
C. Tucker
Any illegal condition existing
PRESIDENT of the City
LIMITATION ON PROCESS-
on property in the City shall be
Easy Reader Inc/Redondo
City. of
remedied before an applica-
Beach Hometown News/
California
tan for a permit, license, con-
March 9, 2006IHC06.009
tract or other entitlement pro-
vided for in this code (other
than permits necessary to
cure the illegal condition) shall
be accepted as complete or
processed in connection with
that property.'
SECTION 2. This ordinance
shall become effective and be
_
in full force and effect from and
after thirty (30) days of its final
passage and adoption.
SECTION 3. Prior to the expi-
�r•""'••
ration of fifteen (15) days after
a
the date of its adoption, the
i
City Clerk shall cause this ordi-
nance to be published in the
'Easy Reader", a weekly
City of
newspaper of general circula-
tion published and circulated
Hermosa Beach
in the City of Hermosa Beach,
in the manner provided by law.
ORDINANCE
SECTION 4. The City Clerk` '
shall certify 10 the passage
NO. 06-1263
and adoption of this ordinance,
shall enter the same in the
AN ORDINANCE OF THE
book of original ordinances of
CITY OF HERMOSA BEACH,
said city, and shall make min -
CALIFORNIA,. PROHIBITING
utes of the passage and adop-
THE PROCESSING OF
tion thereof in the records of
APPLICATIONS FOR PROP-
the proceedings of the City
ERTIES NOT IN COMPLI-
Council at which the same is
ANCE wrrH APPLICABLE
passed and adopted.
REQUIREMENTS AND
PASSED, APPROVED and
AMENDING THE HERMOSA
ADOPTED this 28th day of
BEACH MUNICIPAL CODE
February 2006.
The City Council of the City
AYES:
Edgerton,
of Hermosa Beach, does
Keegan, Reviczky,
ordain as follows:
Mayor Tucker
SECTION 1. Titre 2 of the
NOES:
None
Hermosa Beach Municipal
ABSENT:
None
Code is hereby amended by
ABSTAIN:
None
adding thereto a new Chapter
2.84 to read as follows:
Peter
C. Tucker
"Chapter 2.84
PRESIDENT of the City
LIMITATION ON PROCESS-
Council and MAYOR of the
ING APPLICATIONS
City. of
Hermosa Beach,
Sections:
California
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• 23
ORDINANCE NO. 06-1264
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING THE ZONING MAP FROM GENERAL COMMERCIAL (C-
3) TO SINGLE-FAMILY RESIDENTIAL (R-1) FOR THE PROPERTY
LOCATED AT 1255 PROSPECT AVENUE LEGALLY DESCRIBED AS
LOT 31, HERMOSA HEIGHTS TRACT, BEING LOT 14, BLOCK 84 AND
PART OF LOT 7, BLOCK 88 OF SECOND ADDITION TO HERMOSA
BEACH, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE
DECLARATION
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. An application was filed by Brian Carlucci, owner of real property at 1255
Prospect Avenue, seeking to amend the Zoning Map for the subject property.
SECTION 2. The Planning Commission conducted a duly noticed public hearing to
consider the application to amend the Zoning Map on October 18, 2005, at which testimony and
evidence, both written and oral, was presented to and considered by the Planning Commission,
and based on this evidence the Planning Commission denied the requested Zone Change.
SECTION 3. On October 25, 2005, the City Council, pursuant to Section 2.52.040,
initiated review and reconsideration of the decision of the Planning Commission.
SECTION 4. The City Council conducted a duly noticed public hearing to reconsider and
review the decision of the Planning Commission on the application for a Zone Change on
February 28, 2006, at which testimony and evidence, both written and oral, and the record of
decision of the Planning Commission, was presented to and considered by the City Council.
SECTION 5. Based on evidence received at the public hearing and the record of decision
of the Planning Commission, the City Council makes the following factual findings:
1. The requested change to R-1 will make the zoning for the subject property consistent
with the General Plan designation of Low Density Residential.
2. Surrounding properties to the north and west are designated Low Density residential on
the General Plan and Zoned R-1, with the exception of adjacent properties immediately to the
south which are not included in this request, which would remain C-3 zoned.
1
06-1264
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SECTION 6. Based on the foregoing factual findings, the City Council makes the
following findings pertaining to the General Plan Amendment and Zone Change:
1. The Zone Change will bring the subject property into consistency with the General Plan
for the City pursuant to the specific recommendation for this property in the Land Use Element of the
General Plan, and will allow the development of an appropriate residential land use consistent with
surrounding properties.
2. The subject property to be redesignated is appropriate for residential use as it is abutted by
residential uses to the west and north, and located in an area that is predominantly residential in
character. A residential use of the subject properties will be more compatible to surrounding
residential uses than a potentially more intensive commercial use. The residential use of the property
will provide property tax benefits and will not unduly strain city services.
3. The City Council concurs with the Staff Environmental Review Committee's
recommendation, based on its Environmental Assessment/Initial Study, that this project will result
in no significant impact on the environment, and therefore qualifies for a Negative Declaration.
SECTION 7. Based on the foregoing, and in order to make the Zoning Map consistent
with the General Plan Map pursuant to State Law, the City Council hereby amends the City's
Official Zoning Map as follows:
1. Amend the Zoning Map by changing the property, as described below and shown on the
attached map, from General Commercial (C-3) to Single -Family Residential (R--1):
1255 Prospect Avenue, legally described as Lot 31, Hermosa Heights Tract, being Lot
14, Block 84, and part of Lot 7, Block 88 of the Second Addition to Hermosa Beach.
SECTION 8. This ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 9. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
SECTION 10. The City Clerk shall certify to the passage and adoption of this ordinance,
shall enter the same in the book of original ordinances of said city, and shall make minutes of the
2
06-1264 1
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passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 11th of April 2006 by the following vote:
AYES: Keegan, Reviczky, Mayor Tucker
NOES: None
ABSENT- Edgerton
ABSTAIN; None
PRESIDENT of the City Council and
ATTEST-
,"ity Clerk
OR of the City of Hermosa Beach, California
APPROVED AS TO FORM:
.97
06-,264
• STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 06-1264 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 11th of April 2006, and said
ordinance was published in the Easy Reader newspaper on April 20, 2006.
The vote was as follows:
• AYES: Keegan, Reviczky, Mayor Tucker
NOES: None
ABSENT- Edgerton
ABSTAIN: None
DATED: April 25, 2006
City Clerk
a
I
�,Lml
1255. Prospect Ave,
4
C-3
C-3
0 Subject Property
U.
C-3
• 14
IST.
C-3
R•7'C-3
OWOUO
AVE.
Zoning Map
C-3
R.-2
R«,
0 EASY READER, INC. Proof of Publication of-
REDONDO BEACH HOMETOWN NEWS
•
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
easyreader@easyreader. info
PROOF OF PUBLICATION
(2015.5C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
April 20
ALL IN THE YEAR 2006
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 201h day of April, 2006
• Beverly Morse, Pr cip I Clerk
CITY OF HERMOSA BEACH
Ord No. 06-1264
HC06-015
LEGALLY
DESCRIBED AS LOT
31, HERMOSA
HEIGHTS TRACT,
BEING LOT 14,
BLOCK 84 AND
PART OF LOT 7,
BLOCK 88 OF
SECOND ADDITION
TO HERMOSA
BEACH,AND
ADOPTION OF AN
ENVIRONMENTAL'
NEGATIVE
DECLARATION
THE CITY COUNCIL OFTHE
CITY OF HERMOSA
BEACH, CALIFORNIA,
DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. An applica=
tidn was filed by Brian
Carlucci, owner of real prop-
erty at 1255 Prospect
Avenue, seeking to amend
the Zoning Map for the sub-
ject property.
SECTION 2. The Planning
Commission conducted a'
duly noticed public hearing to .
consider the application to
amend the Zoning Map on
October, 18, 2005, at which
testimony and evidence, both
written and oral, was present-
ed to and considered by the
Planning Commission, and
based on this evidence the
Planning Commission denied
the requested Zone Change.
SECTION 3. On October
25, 2005, the City Council,
pursuant to Section 2.52.040,
initiated review and reconsid-
eration of the decision of the
Planning Commission.
SECTION 6. Based on the
foregoing factual findings, the
City Council makes the fol-
lowing findings pertaining to
the General Plan Amendment
and Zone Change:
1. The Zone Change will
bring the subject property into
consistency with the General
Plan for the City pursuant to
the specific recommendation
for this property in the Land
Use Element of the General
Plan, and will allow the devel.
opment of an appropriate
residential land .uWconsis-
tent with surrounding proper-
ties.
2. The subject property to
be redesignated is appropri-
ate for residential use as it is
abutted by residential uses to,
the west and north, and
located in an area that is pre-
dominantly. residential in
character. A residential use
of the subject properties will
be more compatible to sur-
rounding residential uses
than a potentially more.inten-
sive commercial use.' The
residential use of the proper-
ty will provide property tax
benefits and will not unduly
strain city services.
3. The City Council concurs
with the Staff Environmental
Review Committee's recom-
mendation, based on its
E -n v i r o n m e n t a I
AssessmenVloitial Study, that
this project will result in no
significant impact on the
environment, and therefore
qualifies for a Negative
Declaration__
SECTION 7. Based on the
foregoing, and in_ order to
make the Zoning Map consis-
tent with the General Plan
Map pursuant to State Law,
the City Council hereby
amends the City's Official
Zoning Map as follows:
1. Amend the Zoning Map
by changing the property, as
described below and shown
on the attached map, from
General Commercial (C-3) to
Single -Family Residential (R-
1):
1255 Prospect Avenue,
legally described as Lot 31,
Hermosa Heights -Tract,
being Lot 14, Block 84, and
part of Lot 7, Block 88 of the
Second Addition to
Hermosa
Beach.
SECTION 8. This ordi-
nance shall become effective
and be in lull force and effect
from and after thirty (30) days
of its final passage and adop-
tion.
SECTION 9. Prior to the
expiration of fifteen (15) days
after the date of its adoption,
the City Clerk shall cause this
ordinance to be published in
the Easy Reader, a weekly
newspaper of general circula-
tion published and circulated,
in the City of Hermosa Beach
in the manner provided by
law.
SECTION 10. The City
Clerk shall certify to the pas-
sage and adoption of this
ordinance, shall enter the
same in the book of original
ordinances of said city, and
shall make minutes of the
passage and adoption there-
of in the records of the pro-
ceedings of the City Council
at which the same is passed
arid adopted.
PASSED, APPROVED^ and
ADOPTED this 11th of April
2006 by the following vote:
AYES: Keegan, Reviczky,
Mayor Tucker
NOES: None
ABSENT: Edgerton
ABSTAIN: None
Peter C. Tucker
PRESIDENT of the City
Council and MAYOR of the
City of Hermosa Beach,
California
ATTEST: Elaine Doerfling
City Clerk
APPROVED AS TO FORM:
Michael Jenkins
City Attorney
Easy ReaderInc/Redondo
Beach Hometown News/
April 20, 2006/HC06-015
SECN 4. The City
TIO
Council conducted a duly
noticed public hearing to
r•"" �.
reconsider and review the
a
°
'
decision of the Planning
Commission on the applica-
tion for a Zone Change on
February 28, 2006, at which
pp1
testimony and evidence, both
written and oral, and the
CIf
�/ O
record of decision of the .
Planning Commission, was
Hermosa Beach
presented to and, considered
by the City Council.
SECTION 5. Based on evi-
dence received at the public
hearing" and the record of
NO. 06-1264
decision of the Planning
Commission, the City Council
makes the following factual
AN ORDINANCE OF
findings:
THE CITY OF
1. The requested change to
HERMOSA BEACH,
R-1 will make the zoning for
CALIFORNIA,
the subject property consis-
tent with the General Plan
AMENDING THE
designation of Low Density
ZONING MAP FROM
Residential.
GENERAL
2. Surrounding properties
to the north and west are des-
COMMERCIAL (C-3)
ignated Low Density residen-
TO SINGLE-FAMILY
tial on the General Plan and
RESIDENTIAL (R-1)
Zoned R-1, with the exception
FOR THE PROPERTY
of adjacent properties imme-
y to the south which are
unot
LOCATED AT 1255
included ncluded in this��zque-sY,'
PROSPECT AVENUE
which would --re main C-3
zoned.
LEGALLY
DESCRIBED AS LOT
31, HERMOSA
HEIGHTS TRACT,
BEING LOT 14,
BLOCK 84 AND
PART OF LOT 7,
BLOCK 88 OF
SECOND ADDITION
TO HERMOSA
BEACH,AND
ADOPTION OF AN
ENVIRONMENTAL'
NEGATIVE
DECLARATION
THE CITY COUNCIL OFTHE
CITY OF HERMOSA
BEACH, CALIFORNIA,
DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. An applica=
tidn was filed by Brian
Carlucci, owner of real prop-
erty at 1255 Prospect
Avenue, seeking to amend
the Zoning Map for the sub-
ject property.
SECTION 2. The Planning
Commission conducted a'
duly noticed public hearing to .
consider the application to
amend the Zoning Map on
October, 18, 2005, at which
testimony and evidence, both
written and oral, was present-
ed to and considered by the
Planning Commission, and
based on this evidence the
Planning Commission denied
the requested Zone Change.
SECTION 3. On October
25, 2005, the City Council,
pursuant to Section 2.52.040,
initiated review and reconsid-
eration of the decision of the
Planning Commission.
SECTION 6. Based on the
foregoing factual findings, the
City Council makes the fol-
lowing findings pertaining to
the General Plan Amendment
and Zone Change:
1. The Zone Change will
bring the subject property into
consistency with the General
Plan for the City pursuant to
the specific recommendation
for this property in the Land
Use Element of the General
Plan, and will allow the devel.
opment of an appropriate
residential land .uWconsis-
tent with surrounding proper-
ties.
2. The subject property to
be redesignated is appropri-
ate for residential use as it is
abutted by residential uses to,
the west and north, and
located in an area that is pre-
dominantly. residential in
character. A residential use
of the subject properties will
be more compatible to sur-
rounding residential uses
than a potentially more.inten-
sive commercial use.' The
residential use of the proper-
ty will provide property tax
benefits and will not unduly
strain city services.
3. The City Council concurs
with the Staff Environmental
Review Committee's recom-
mendation, based on its
E -n v i r o n m e n t a I
AssessmenVloitial Study, that
this project will result in no
significant impact on the
environment, and therefore
qualifies for a Negative
Declaration__
SECTION 7. Based on the
foregoing, and in_ order to
make the Zoning Map consis-
tent with the General Plan
Map pursuant to State Law,
the City Council hereby
amends the City's Official
Zoning Map as follows:
1. Amend the Zoning Map
by changing the property, as
described below and shown
on the attached map, from
General Commercial (C-3) to
Single -Family Residential (R-
1):
1255 Prospect Avenue,
legally described as Lot 31,
Hermosa Heights -Tract,
being Lot 14, Block 84, and
part of Lot 7, Block 88 of the
Second Addition to
Hermosa
Beach.
SECTION 8. This ordi-
nance shall become effective
and be in lull force and effect
from and after thirty (30) days
of its final passage and adop-
tion.
SECTION 9. Prior to the
expiration of fifteen (15) days
after the date of its adoption,
the City Clerk shall cause this
ordinance to be published in
the Easy Reader, a weekly
newspaper of general circula-
tion published and circulated,
in the City of Hermosa Beach
in the manner provided by
law.
SECTION 10. The City
Clerk shall certify to the pas-
sage and adoption of this
ordinance, shall enter the
same in the book of original
ordinances of said city, and
shall make minutes of the
passage and adoption there-
of in the records of the pro-
ceedings of the City Council
at which the same is passed
arid adopted.
PASSED, APPROVED^ and
ADOPTED this 11th of April
2006 by the following vote:
AYES: Keegan, Reviczky,
Mayor Tucker
NOES: None
ABSENT: Edgerton
ABSTAIN: None
Peter C. Tucker
PRESIDENT of the City
Council and MAYOR of the
City of Hermosa Beach,
California
ATTEST: Elaine Doerfling
City Clerk
APPROVED AS TO FORM:
Michael Jenkins
City Attorney
Easy ReaderInc/Redondo
Beach Hometown News/
April 20, 2006/HC06-015
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ORDINANCE NO. 06-1265U
AN INTERIM ORDINANCE OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, PURSUANT TO GOVERNMENT CODE SECTION 65858
PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA
DISPENSARIES AND DECLARING THE URGENCY THEREOF.
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Purpose and findings. Currently medical marijuana dispensaries are
considered to be a permitted use of property in the commercial zones under the City's zoning
ordinance. Medical marijuana dispensaries may be established in the City within close proximity
to residentially zoned properties and sensitive uses such as residential property, schools and day
care centers. Other cities with medical marijuana dispensaries have reported an increase in
loitering around dispensaries, an incident of armed burglary within dispensaries, parking and
traffic violations, and increased complaints from neighbors about increased pedestrian and
vehicular traffic and noise. City staff believes that it is necessary to formulate regulations,
consistent with State law, governing the location and operation of medical marijuana dispensaries
in order to protect residents and businesses from harmful secondary effects of these
establishments. Due to the recent proliferation of such establishments in cities throughout the
region, and because such uses are permitted under the City's zoning regulations and further,
because time will be required to prepare and adopt those regulations, this Ordinance is intended to
place an interim moratorium on the establishment of any new medical marijuana dispensaries as
of the date of adoption hereof, until new regulations are prepared and adopted by the City Council.
SECTION 2. Moratorium established. A moratorium is hereby established on the
establishment of medical marijuana dispensaries in the City. Notwithstanding any provision of
the Hermosa Beach Municipal Code to the contrary, no medical marijuana dispensary shall be
established in the City, whether or not a permit of any kind is required from the City; further, no
application for a permit of any kind (including a building permit) will be accepted, processed or
considered during the pendency of this ordinance or any extension thereof for establishment of a
06-1265U
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medical marijuana dispensary. This Ordinance and the moratorium established herein applies to
any site, facility, location, use, cooperative or business that distributes, dispenses, stores, sells,
exchanges, processes, delivers, gives away, or cultivates marijuana for medical purposes to
qualified patients, health care providers, patients' primary caregivers, or physicians, pursuant to
Health & Safety Code Section 11362.5 (adopted as Proposition 215, the "Compassionate Use Act
of 1996") or any State regulations adopted in furtherance thereof.
SECTION 3. Definitions. For purposes of this Ordinance, a "medical marijuana
dispensary" means a facility where marijuana is made available for medical purposes in
accordance with Health & Safety Code Section 11362.5. The word "marijuana" shall have the
same meaning as the definition of that word in Health & Safety Code Section 11018.
SECTION 4. Penalties. Violation of any provision of this Ordinance shall constitute a
misdemeanor and shall be punishable by a fine not to exceed $1,000 or by imprisonment in
County jail for not to exceed six (6) months, or by both such fine and imprisonment. Each and
every day such a violation exists shall constitute a separate and distinct violation of this
Ordinance. In addition to the foregoing, any violation of this Ordinance shall constitute a public
nuisance and shall be subject to abatement as provided by all applicable provisions of law.
SECTION 5. Severability. If any part or provision of this Ordinance or the application to
any person or circumstance is held invalid, the remainder of this Ordinance, including the
application of such part of provision to other persons or circumstances, shall not be affected and
shall continue in full force and effect. To this end, the provisions of this Ordinance are severable.
SECTION 6. Urgency. Based on the findings set forth in Section 1 hereof, the recent
proliferation of medical marijuana dispensaries in the region and the secondary effects of those
dispensaries pose a current and immediate threat to the public health, safety and welfare. This
Ordinance is necessary to alleviate and address that threat until permanent zoning regulations can
be established. This ordinance is adopted pursuant to California Government Code Section 658581
and shall take effect immediately upon adoption by a four-fifths vote of the City Council. This I
I ordinance shall be in full force and effect for a period of forty-five (45) days from the date of its I
adoption unless extended by the City Council in accordance with the provisions of California I
2
06-1265U
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Government Code Section 65858.
SECTION 7. Conflicting Laws. For the term of this Ordinance, or any extension thereof,
the provisions of this Ordinance shall govern over any conflicting provisions of any other City
code, ordinance, resolution or policy.
SECTION 8. This ordinance shall become effective upon adoption.
SECTION 9. The City Clerk shall certify to the passage and adoption of this ordinance,
shall enter the same in the book of original ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 25th of April 2006 by the following vote:
AYES: Edgerton, Keegan, Reviczky, Mayor Tucker
NOES: None
ABSENT- None
ABSTAIN: None
PRESIDENT of the City Council and NYAYOR of the City of Hermosa Beach, California
ATTEST- APPROVED A& TO FORM:
Clerk // / j City Attorney
3
06-1265U
• STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 06-1265U was duly passed, approved
and adopted as an urgency ordinance by the City Council of the City of Hermosa Beach
at a regular meeting held at the regular meeting place thereof on the 25th day of April
2006.
The vote was as follows:
AYES: Edgerton, Keegan, Reviczky, Mayor Tucker
NOES: None
ABSENT- None
ABSTAIN: None
DATED: May 9, 2006
City Clerk
0
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ORDINANCE NO. 06-1266
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING CHAPTER 5.16 OF THE HERMOSA BEACH MUNICIPAL CODE
REGARDING INTERCONNECTION OF PUBLIC, EDUCATIONAL, AND
GOVERNMENT BROADCASTS ON CABLE AND OPEN VIDEO SYSTEMS.
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
A. The City has historically been served by a single cable television franchisee; due to
changes in technology, telecommunications companies are entering the field and competing
directly with traditional cable television providers.
B. It is of important public interest that the public, educational, and government
programming created by the City and other local agencies be carried to all subscribers of all video
franchisees of the City, regardless of the franchisee chosen by individual customers to provide the
customer with video service;
C. The heavy competition in the provision of video services may make franchisees
reluctant to cooperate with each other in ensuring all subscribers receive the public, educational,
and government programming of the City, and the public interest in distributing such
programming should not be impaired by the competitive goals of various franchisees.
SECTION 2. Chapter 5.16 of Title 5 of the Hermosa Beach Municipal Code is amended
by adding thereto a new Section 5.16.075 to read as follows:
"5.16.075 Interconnection
A. To properly serve the City's interest in public, educational, and governmental
programming and to serve each Franchisee's requirement to provide such programming in
accordance with its Franchise, any new or renewed Franchisee must interconnect its cable system
with any other cable system serving the Franchise Service Area ("Other System"). Such
interconnection may be accomplished by direct cable, microwave link, satellite or other
reasonable method of connection. The interconnected systems must enable the City's public,
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education, and government programming to reach all subscribers in the City of all Franchisees by
allowing the City to broadcast or feed its signals into a single point designated by the City.
1, Failure to negotiate for and provide an interconnection as required by this section is
a material breach of a Franchise, and any Franchisee that fails to negotiate or provide an
interconnection will be subject to fines, penalties, liquidated damages, suspension, revocation, and
termination in accord with this Chapter.
B. Interconnection Procedure. Within 30 days of a grant of Franchise (including a
Franchise renewal), or within 30 days of receiving written notice from the City that another
franchisee has received a Franchise from the City, a Franchisee must begin negotiations with the
owner(s) and operator(s) of the Other System(s) to determine their equitable share of costs for
both construction and operation of the interconnection link. Franchisee shall negotiate in good
faith with Other System operator(s) respecting reasonable, mutually convenient, cost-effective,
and technically viable interconnection points, methods, terms and conditions. The construction
costs and ongoing expenses of interconnection shall be fairly shared between all Franchisees. All
Franchisees must negotiate the precise terms and conditions of an interconnection agreement. All
interconnections must be operational within 180 days of the start of the negotiations required by
this section, unless extended by the City Council in its sole discretion.
C. Relief. If the Franchisees are unable to reach agreement on the terms of
interconnection, including, but not limited to, compensation and timing, the dispute shall be
submitted to the City Council or its designee for resolution. Franchisees may be granted
reasonable extensions of time to interconnect, within the sole discretion of the City Council or its
designee. If the City Council determines in its sole discretion that the cost of interconnection
would be unreasonable, interconnection is not technically feasible or would cause an unacceptable
increase in Subscriber rates, or determines an Other System operator will not agree to reasonable
terms and conditions of interconnection, the interconnection requirement of this Section may be
waived and a separate, direct access to a Franchisee's system for broadcast or transmission of
public, education, and government programming may be substituted in place of the
interconnection."
06-1266
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SECTION 3. Section 5.16.120.B.4.b. of Chapter 5.16 of the Hermosa Beach Municipal
Code is amended to read as follows:
"B. The open video system operator must comply with Section 5.16.075 of this Code and
ensure that all subscribers receive all public, educational, and governmental access channels
within the franchise service area in which the City's subscribers are located. An open video
system operator is considered a Franchisee for the purposes of compliance with Section 5.16.075."
SECTION 4. This ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 5. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law,
SECTION 6. The City Clerk shall certify to the passage and adoption of this ordinance,
shall enter the same in the book of original ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 23rd of May 2006 by the following vote:
AYES: Edgerton, Reviczky, Mayor Tucker
NOES: None
ABSENT' Keegan
ABSTAIN: None
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California
ATTEST- APPROVED �S TO FORM:
City Clerk
3
06-1266
STATE OF CALIFORNIA
• COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 06-1266 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 23rd of May 2006, and said
ordinance was published in the Easy Reader newspaper on June 1, 2006.
The vote was as follows:
AYES: Edgerton, Reviczky, Mayor Tucker
NOES: None
ABSENT- Keegan
ABSTAIN: None
DATED: June 13, 2006
City Clerk
• EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
easyreader@easyreader. info
PROOF OF PUBLICATION
(2015.5C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
• circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
June 1
ALL IN THE YEAR 2006
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 1't day of June, 2006
• Beverly Ntq,rse, Prin 'pal Jerk
Proof of Publication of-
CITY
£
CITY OF HERMOSA BEACH
Ordinance 06-1266
B. It is of important public all Franchisees. All Franchisees
interest that the public, educa-
tams must enable the Citys
.unto
public, education, and govem-
gramming created by the City
ment programming to reach all
and other local agencies be car-
I El•
vied to all subscribers of all
subscribers in the City of 8N
video franchisees of the City,
�
s i
Franchisees by allowing the City
chosen by individual customers
required by this section, unless
to -provide the customer with
to broadcast or feed its signals
..o,
into a single point designated by
C. The heavy competition in
the City.
City of
1. Failure to negotiate
for and provide an interconnec-
HermoSa BeaCh
tion as required by this section
to cooperate with each'other in
is a material breach of a
ensuring all subscribers receive
Franchise, and any Franchisee
ORDINANCE,
that fails to negotiate or provide
N0.06-1266
an interconnection will be sub-
the City, and the public interest
ject to fines, penalties, liquidat-
in distributing such program-
ed damages, suspension, revo-
AN ORDINANCE OFTHE
cation, and termination in
CRY OF HERMOSA BEACH,
accord with this Chapter.
CALIFORNIA, AMENDING
B. Interconnection
CHAPTER 5.16
Procedure. Within 30 days of a
OFTHE HERMOSA BEACH
grant of Franchise (including a
MUNICIPAL CODE
Franchise renewal), or within 30
REGARDING
days of receiving written notice
INTERCONNECTION OF
from the City that another fran-
PUBLIC, EDUCATIONAL,
chisee has received a
AND GOVERNMENT
Franchise from the City, a
BROADCASTS ON CABLE
I Franchisee must begin negotia-
AND OPEN VIDEO
I tions with the owner(s) and
SYSTEMS.
i operator(s) of the Other
provide such programming in
System(s) to determine their
THE CITY COUNCIL OFTHE
equitable share of costs for both
CITY OF HERMOSA BEACH,
construction and operation of
CALIFORNIA, DOES HERE-
the interconnection link.
BY ORDAIN AS FOLLOWS:
Franchisee shall negotiate in
SECTION 1. Findings.
good faith with Other System
A. The City has historically
operator(s) respecting reason -
been served by a single cable
able, mutually convenient, cost -
television franchisee; due to
effective, and technically viable
changes in technology,
interconnection points, meth-
telecorrimunications companies
ods, terms and conditions. The
are entering the field and corm-
construction casts and ongoing
with Donal
cable
nses of ection
nbetween
televisiioon providers.
�ti be fairly shared
B. It is of important public all Franchisees. All Franchisees
interest that the public, educa-
tional, and government pro-
must negotiate, the precise
gramming created by the City
'terms and conditions of an inter -
and other local agencies be car-
connection agreement AN
vied to all subscribers of all
interconnections must be oper-
video franchisees of the City,
atonal within 180 days of the
regardless of the franchisee
start of the negotiations
chosen by individual customers
required by this section, unless
to -provide the customer with
extended by the City Council in
video service;
its sole discretion.
C. The heavy competition in
C. Relief. If the Franchisees
the provision of video services
are unable to reach agreement
may make franchisees reluctant
on the terms of interconnection,
to cooperate with each'other in
including, but not limited to,
ensuring all subscribers receive
compensation and timing, the
the public, educational, anddispute
shall be submitted to
government programming of
the City Council or its designee
the City, and the public interest
for resolution. Franchisees may
in distributing such program-
be granted reasonable exten-
ming should not be impaired by
sions of time to interconnect,
the competitive goals of various
within the sole discretion of the
franchisees.
City Council or its designee. If
SECTION 2. Chapter 5.16 of
the City Council determines in
TNe 5 of the Hermosa Beach
its sole discretion that the cost
Municipal Code is amended by
of interconnection would be
adding thereto a new Section
5.16.075 to read as follows:
unreasonable, interconnection
is not technically feasible or
"5.16.075 Interconnection
would cause an unacceptable
A. To properly serve the
increase in Subscriber rates, or
City's interest in public, educa-
determines an Other System
tional, and governmental pro-
operator will not agree to rea-
gramming and to serve each
sonable terms and conditions of
Franchisee's requirement to
interconnection, the intercon-
provide such programming in
nection requirement of this
accordance with its Franchise,
Section may be waived and a
any new or renewed Franchisee
separate, direct access to a
must interconnect its cable Sys-
Franchisee's system for broad -
tem with any other cable system
cast or transmission of pudic,
servi the Franchise Service
education, and govemment pro -
Area Otlier System'. Such
gramming may be substituted in
interconnection may be accom-
place of the interconnection"
plished by direct cable,
SECTION 3. Section
microwave link, satellite or other
5.16.120.B.4.b. of Chapter 5.16
reasonable method of oonnec-
of the Hermosa Beach
tion. The interconnected sys- I
Municipal Code is amended to
_ ----
read as follows:
"B. The open video system
operator must comply with
Section 5.16.075 of this Code
and ensure that all subscribers
receive all pudic, educational,
and govemmental access chan-
nels within the franchise service
area in which the City's sub-
scribers are located. An open
video system operator is consid-
ered a, Franchisee for the pur-
poses of compliance with
Section 5.16.075"
SECTION 4. This ordinance
shall become effective and be in
full force and effect from and
after thirty (30) days of its final
passage and adoption.
SEMN 5. Prior to the
expiration of fifteen (15) days
after the date of its adoption, the
City Clerk shall cause this ordi-
nance to be published in the
Easy Reader, a weekly newspa-
per of general circulation pub-
lished and circulated, in the City
of Hermosa Beach in the man-
ner provided by law.
SECTION 6. The City Clerk
shall certify to the passage and
adoption of this ordinance, shall
enter the same in the book of
original ordinances of said city,
and shall make minutes of the
passage and adoption thereof in
the records of the proceedings
of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and
ADOPTED this 23rd of May
2006 by the following vote:
AYES: Edgerton,
Reviczky,
Tucker
NOES: None
ABSENT: Keegan
ABSTAIN: None
Peter C. Tudoer
PRESIDENT of the City Council
and MAYOR of the City of
Hermosa Beach, Califomia
ATTEST: Elaine Doerfling
City Clerk
APPROVED AS TO FORM:
Michael Jenkins
City Clerk
Easy Reader Inc/Redondo
Beach Hometown News/
June 1, 2006/I M6-018
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r1
LJ
ORDINANCE NO. 06-1267
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
PROHIBITING SMOKING ON THE BEACH AND AMENDING THE
HERMOSA BEACH MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 8.40.020 of Title B, Chapter 8.40 of the Hermosa Beach Municipal
Code is hereby amended by adding thereto a new paragraph C to read as follows:
"C. The beach. The "beach" means that certain strip of land within the City lying
between the'westerly line of the Strand and the line of the ordinary tide of the Pacific Ocean."
SECTION 2. Title 12. Chapter 12.20 of the Hermosa Beach Municipal Code is hereby
amended by adding thereto a new Section 12.20.125 to read as follows:
"12.20.125 Smoking.
No person shall smoke on the beach. "Smoking" is as defined in Section 8.40.010 of this
Code. A violation of this section shall be an infraction."
SECTION 3. This ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 4. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance,
shall enter the same in the book of original ordinances of said city, and shall make minutes of the
06-1267
•
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C,
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passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 13th of June 2006 by the following vote:
AYES: Edgerton, Keegan, Mayor Tucker
NOES: Reviczky
ABSENT- None
ABSTAIN; None
L
PRESIDENT of the City Council and MAYOR of he City of Hermosa Beach, California
ATTEST -
City Clerk
1
APPROVED A$ TO FORM:
ty Attorney
06-1267
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
• CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 06-1267 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 13th of June 2006, and said
ordinance was published in the Easy Reader newspaper on June 22, 2006.
The vote was as follows:
AYES: Edgerton, Keegan, Mayor Tucker
is NOES: Reviczky
ABSENT- None
ABSTAIN: None
DATED: June 27, 2006
City Clerk
0
• EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
easyreader@easyreader.info
PROOF OF PUBLICATION
(2015,.5C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
• newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
June 22
ALL IN THE YEAR 2006
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 22"I day of June, 2006
i
• Beverly Morse, ,ri ipal erk
Proof of Publication of:
CITY OF HERMOSA BEACH
ORD 06-1267
HC06-020
'o yZ$f
City of
Hermosa Beach
ORDINANCE
NO. 06-1267
AN ORDINANCE OF
THE CITY OF HER-
MOSA BEACH, CALI-
FORNIA, PROHITING
SMOKING ON THE
BEACH AND AMEND-
ING THE HERMOSA
BEACH MUNICIPAL
CODE
THE CITY COUNCIL OF THE
CITY OF HERMOSA BEACH,
CALIFORNIA, DOES HERE-
BY ORDAIN AS FOLLOWS:
SECTION 1. Section 8.40.020
of Titlee B, Chapter 8.40 of the
Hermosa Beach Municipal Code
is hereby amended by adding
thereto a new paragraph C to
rend as follows:
"C. The beach. The "beach"
means that certain strip of land
within the City lying between
the westerly line of the Strand
and the line of the ordinary tide
of the Pacific Ocean"
SECTION 2. Title 12.
Chapter 12.20 of the Hermosa
Beach Municipal Code is here-
by amended by adding thereto
a new Section 12.20.125 to
read as follows:
"12.20.125 Smoking.
No person shall smoke on
the beach. "Smoking" is as
defined in Section 8.40.010 of
this Code. A violation of this
section shall be an infraction"
SECTION 3. This ordinance
shall become effective and be
in full force and effect from and
after thirty (30) days of its final
passage and adoption.
SECTION 4. Prior to the
I
expiration of fifteen (15) days
after the date of its adoption, the
City Clerk shall cause this ordi-
nance to be published in the
Easy Reader, a weekly newspa-
per of general circulation pub-
lished and circulated, in the City j
of Hermosa Beach in the man-
ner provided by law.
SECTION 5. The City Clerk
shall certify to the passage and
adoption of this ordinance, shall
enter the same in the book of
original ordinances of said city,
and shall make minutes of the j
passage and adoption thereof in
the records of the proceedings i
of the City Council at which the j
same is passed and adopted.
I
PASSED, APPROVED and
ADOPTED this 13th of June
2006 by the following vote:
AYES: Edgerton, Keegan,
Mayor Tucker
NOES: Reviczky
ABSENT: None
ABSTAIN: None
Peter C Acker
PRESIDENT of the City
Council and MAYOR of the City
of Hermosa Beach, Califomia
ATTEST:
Elaine Doerflinp
City Clerk
APPROVED AS TO FORM:
Michael Jenkins
City Attomey
Easy Reader IndRedorndo
Beach Momrelawn News)
June 22,200&W-06-02 0 i
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ORDINANCE NO. 06-1268U
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
PURSUANT TO GOVERNMENT CODE SECTION 65858 EXTENDING
ORDINANCE NO. 1265U WHICH ESTABLISHED A MORATORIUM
PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA
DISPENSARIES AND DECLARING THE URGENCY THEREOF.
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Moratorium extended. Ordinance No. 1265U, adopted April 25, 2006, is
hereby extended for 10 months and 15 days.
SECTION 2. Penalties. Violation of any provision of this Ordinance shall constitute a
misdemeanor and shall be punishable by a fine not to exceed $1,000 or by imprisonment in County
jail for not to exceed six (6) months, or by both such fine and imprisonment. Each and every day
such a violation exists shall constitute a separate and distinct violation of this Ordinance. In
addition to the foregoing, any violation of this Ordinance shall constitute a public nuisance and
shall be subject to abatement as provided by all applicable provisions of law.
SECTION 3. Severability. If any part or provision of this Ordinance or the application to
any person or circumstance is held invalid, the remainder of this Ordinance, including the
application of such part of provision to other persons or circumstances, shall not be affected and
shall continue in full force and effect. To this end, the provisions of this Ordinance are severable.
SECTION 4. Purpose and findings; Urgency. Currently medical marijuana dispensaries
are considered to be a permitted use of property in the commercial zones under the City's zoning
ordinance. There has been a proliferation of medical marijuana dispensaries throughout the region
with some in close proximity to residentially zoned properties and sensitive uses such as day care
center, Other cities with medical marijuana dispensaries have reported an increase in loitering
around dispensaries, an incident of armed burglary within a dispensary, parking and traffic
violations, and increased complaints from neighbors about increased pedestrian and vehicular
traffic and noise. City staff believes that it is necessary to formulate regulations, consistent with
State law, governing the location and operation of medical marijuana dispensaries in order to
protect residents and businesses from harmful secondary effects of these establishments. Due to
06-1268U
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the recent proliferation of such establishments in the City, and because time will be require to
prepare and adopt those regulations, this Ordinance is intended to extend an interim moratorium on
the establishment of any new medical marijuana dispensaries as of the date of adoption hereof,
until new regulations are prepared and adopted by the City Council. Based on the foregoing, the
recent proliferation of medical marijuana dispensaries in the region and the secondary effects of
those dispensaries pose a current and immediate threat to the public health, safety and welfare.
This Ordinance is necessary to alleviate and address that threat until permanent zoning regulations
can be established. This Ordinance is adopted pursuant to California Government Code Section
65858 and shall take effect immediately upon adoption by a four -fifth's vote of the City Council.
This Ordinance shall be in full force and effect for a period of 10 months and 15 days from the
date of its adoption unless extended by the City Council in accordance with the provisions
California Government Code Section 65858.
SECTION 5. Conflicting Laws. For the term of this Ordinance, or any extension thereof,
the provisions of this Ordinance shall govern over any conflicting provisions of any other City
code, ordinance, resolution or policy.
SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 23rd of May 2006 by the following vote:
AYES:
Edgerton, Reviczky, Mayor Tucker
NOES:
None
ABSENT-
Keegan
ABSTAIN:
None
PRESIDENT of the City Council and MA
ATTEST -
Z of the Cit�fpf Hermosa Beach, California
• 28 11 City Clerk / Crty Attorney
FORM:
2 06-1268U
• STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 06-1268U was duly passed, approved
and adopted as an urgency ordinance by the City Council of the City of Hermosa Beach
at a regular meeting held at the regular meeting place thereof on the 23rd day of May
2006.
The vote was as follows:
AYES: Edgerton, Reviczky, Mayor Tucker
NOES: None
ABSENT- Keegan
ABSTAIN: None
DATED: June 13, 2006
JQ
City Clerk
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• 28
ORDINANCE NO. 06-1269
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, AMENDING THE
BUILDING CODE (CHAPTER 15.04) TO REQUIRE THE
INSTALLATION OF FENCING AND PEDESTRIAN
PROTECTION ON CONSTRUCTION AND DEMOLITION
SITES AND AMENDING THE HERMOSA BEACH
MUNICIPAL CODE
The City Council of the City of Hermosa Beach does hereby ordain as follows:
SECTION 1. Findings. The City Council hereby finds as follows:
1, Hermosa Beach is an older city with narrow streets and sidewalks.
2 When construction and demolition projects are located on these streets and
sidewalks and inadequately protected with fencing and canopies hazardous conditions are created
for pedestrians.
3. The current building code does not sufficiently address the City's constrained
building and right of way conditions to ensure pedestrian safety.
4. The purpose of this Ordinance is to assure that the public is protected from the risk
of falling construction materials through the installation of fencing and pedestrian protection on
construction sites.
SECTION 2. The City Council held a duly -noticed public hearing on June 27 and July 11,
2006 to consider the amendment to the California Building Code relative to adoption of this
Ordinance requiring the installation of fencing and pedestrian protection at demolition and
construction sites at which the Council took testimony from interested persons prior to deliberating
and taking action.
SECTION 3. Chapter 15.04 of Title 15 of the Hermosa Beach Municipal Code is amended
by adding thereto a new Section 15.04.140 to read as follows:
15.04.140. Pedestrian Protection
Notwithstanding the provisions of Section 15.04.010, Chapter 3303 of the Building Code is
amended by adding thereto a new Section 3303.7.5 to read as follows:
06-1269 I
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Section 3303.7.5 Fencing and pedestrian protection shall be required at all building and
demolition sites as follows:
1. Prior to issuance of a demolition or building permit, a pre -demolition site
inspection shall be performed verifying sewer cap and temporary toilet location, and the capping
of electrical, water and gas service to the property.
2. Prior to commencement of work, all new construction or demolition sites shall
install minimum 6 foot high protective chain link fencing or wood fencing consistent with Section
3303 of the California Building Code, and Table 33-A regardless of distance to the property line.
Protective wood canopies shall be installed prior to commencement of work pursuant to the
requirements of Section 3303 and Table 33A of the CBC.
3. A Pedestrian Protection Plan shall be approved identifying all areas of required
pedestrian protection for the property, prior to the issuance of demolition or building permits. The
plan shall indicate all areas of pedestrian protection or indicate why such protection is not
required (i.e. exempt due to distance of construction to property line). The Pedestrian Protection
Plan, shall be prepared by a licensed contractor, engineer or owner -builder and indicate the
proposed protection system to be installed and the method of installation. When conditions make
installation of a pedestrian canopy impractical (i.e. a narrow street or alley) an alternative method
may be shown on the plan such as pedestrian diversion through use of flagpersons and barriers.
4. Any work encroaching into the public right of way or involving pedestrian
diversion shall require Public Works Department approval of permits and pedestrian protection.
5. In addition to the remedies provided in the Building Code, violations of this section
shall result in revocation or suspension of a building permit pursuant to the procedures set forth in
the Code.
SECTION 4. Adoption of this Ordinance is not a project within the meaning of the
California Environmental Quality Act (CEQA) pursuant to Section 15378 of the State CEQA
Guidelines.
SECTION 5. This ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
N
06-1269 1
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SECTION 6. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this ordinance to be published in the "Easy Reader", a weekly newspaper of
general circulation published and circulated in the City of Hermosa Beach, in the manner provided
by law.
SECTION 7. The City Clerk shall certify to the passage and adoption of this ordinance,
shall enter the same in the book of original ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 25th of July 2006 by the following vote:
AYES: Bobko, Edgerton, Keegan, Reviczky, Mayor Tucker
NOES: None
ABSENT- None
ABSTAIN: None
PRESIDENT of the City Council and MAYOP, of the City of Hermosa Beach, California
ATTEST-
"'y
TTEST•
ity lerk
3
APPROVED A'S TO FORM:
ity Attorney
06-1269
•
0
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 06-1269 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 25th of June 2006, and said
ordinance was published in the Easy Reader newspaper on August 3, 2006.
The vote was as follows:
AYES: Bobko, Keegan, Reviczky, Mayor Tucker
NOES: None
ABSENT- Edgerton
ABSTAIN: None
DATED: July 25, 2006
City Clerk
•
•
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
easyreader@easyreader.info
PROOF OF PUBLICATION
(2015.5C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
August 3
ALL IN THE YEAR 2006
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 3rd day of August, 2006
"—�
Beverly Mo e, Pr nci al lerk
Proof of Publication of -
CITY OF HERMOSA BEACH
Ordinance 06-1269
HC06-025
BpM�9
a
r �
o+
City of
Hermosa Beach
ORDINANCE
NO. 06-1269
AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY
OF HERMOSA BEACH, CAL-
IFORNIA, AMENDING THE
BUILDING CODE (CHAPTER
15.04) TO REQUIRE THE
INSTALLATION OF FENCING
AND PEDESTRIAN PROTEC-
TION ON CONSTRUCTION
AND DEMOLITION SITES
AND AMENDING THE HER-
MOSA BEACH MUNICIPAL
CODE
The City Council of the City of
Hermosa Beach does hereby
ordain as follows:
SECTION 1. Findings. The
City Council hereby finds as
follows:
1. Hermosa Beach is an
older city with narrow
streets and sidewalks.
2. When construction and
demolition projects are
located on these streets
and sidewalks and inad-
equately protected with
fencing and canopies
hazardous conditions
are created for pedestri-
ans.
3. The current building
code does not sufficient-
ly address the City's con-
strained building and
right of way conditions to
ensure pedestrian safety.
4. The purpose of this
Ordinance is to assure
that the public is protect-
ed from the risk of falling
construction materials
through the installation of
fencing and pedestrian
protection on construc-
tion sites.
SECTION 2. The City
Council held a duly -noticed
public hearing on June 27 and
July 11, 2006 to consider the
amendment to the California
Building Code relative to adop-
tion of this Ordinance requiring
the installation of fencing and
pedestrian protection at demo-
lition and construction sites at
which the Council took testimo-
ny from interested persons
prior to deliberating and taking
action.
SECTION 3. Chapter 15.04
of Title 15 of the Hermosa
Beach Municipal Code is
amended by adding thereto a
new Section 15.04.140 to read
as follows:
15.04.140. Pedestrian
Protection
Notwithstanding the provi-
sions of Section 15.04.010,
Chapter 3303 of the Building
Code is amended by adding
thereto a new Section 3303.7.5
to read as follows:
Section 3303.7.5 Fencing
and pedestrian protection shall
be required at all building and
demolition sites as follows:
1. Prior to issuance of a
demolition or building permit, a
pre -demolition site inspection
shall be performed verifying
sewer cap and temporary toilet
location, and the capping of
electrical, water and gas ser-"
vice to the property.
2. Prior to commencement
of work, all new construction or
demolition sites shall install
minimum 6 foot high protective
chain link fencing or wood fenc-
ing consistent with Section
3303 of the California Building
Code, and Table 33-A regard-
less of distance to the property
line. Protective wood canopies
shall be installed prior to com-
mencement of work pursuant
to the requirements of Section
3303 and Table 33A of the
CBC.
3. A Pedestrian Protection
Plan shall be approved identify-
ing all areas of required pedes-
trian protection for the property,
prior to the issuance of demoli-
tion or building permits. The
plan shall indicate all areas of
pedestrian protection or indi-
cate why such protection is not
required (i.e. exempt due to
distance of construction to
property line). The Pedestrian
Protection Plan, shall be pre-
pared by a licensed contractor,
engineer or owner -builder and
indicate the proposed protec-
tion system to be installed and
the method of installation.
When conditions make installa-
tion of a pedestrian canopy
impractical (i.e. a narrow street
or alley) an alternative method
may be shown on the plan
such as pedestrian diversion
through use of flagpersons and
barriers.
4. Any work encroaching
into the public right of way or
involving pedestrian diversion
shall require Public Works
Department approval of per-
mits and pedestrian protection.
5. In addition to the reme-
dies provided in the Building
Code, violations of this section
shall result in revocation or
suspension of a building permit
pursuant to the procedures set
forth in the Code.
SECTION 4. Adoption of this
Ordinance is not a project with-
in the meaning of the California
Environmental Quality Act
(CEQA) pursuant to Section
15378 of the State CEQA
Guidelines.
SECTION 5. This ordinance
shall become effective and be
in full force and effect from and
after thirty (30) days of its final
passage and adoption.
SECTION 6. Prior to the
expiration of fifteen (15) days
after the date of its adoption,
the City Clerk shall cause this
ordinance to be published in
the "Easy Reader', a weekly
newspaper of general circula-
tion published and circulated in
the City of Hermosa Beach, in
the manner provided by law.
SECTION 7. The City Clerk
shall certify to the passage and
adoption of this ordinance,
shall enter the same in the
book of original ordinances of
said city, and shall make min-
utes of the passage and adop-
tion thereof in the records of
the proceedings of the City
Council at which the same is
passed, and adopted.
PASSED, APPROVED and
ADOPTED this 25th of July
2006 by the following vote:
AYES: Bobko, Keegan,
Reviczky,
Mayor Tucker
NOES: None
ABSENT: Edgerton
ABSTAIN: None
Peter C. Tucker
PRESIDENT of the City
Council and MAYOR of the
City of Hermosa Beach,
California
ATTEST:
Elaine Doerfling
City Clerk
APPROVED AS TO FORM:
Michael Jenkins_
City Attorney
Easy ReaderInc/Redondo
Beach Hometown News/
August 3, 2006/HC06-025
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ORDINANCE NO. 06-1270
AN ORDINANCE OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, AMENDING DEVELOPMENT STANDARDS IN THE
ZONING ORDINANCE FOR THE R-1 ZONE EXCEPTIONS FOR
SMALL LOTS AND AMENDING THE HERMOSA BEACH
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. The Planning Commission held a duly noticed public hearing on May 16 and
June 20, 2006, based on initial direction from the City Council, to consider amending the
development standards of the R-1 zone, as set forth in Section 17.08.030, as they pertain to the
exceptions for small lots.
SECTION 2. The City Council held a duly noticed public hearing on July 25, 2006 to
consider amending the development standards of the R-1 zone, as set forth in Section 17.08.030, as
they pertain to the exceptions for small lots as recommended by the Planning Commission following
its public hearing on the matter.
SECTION 3. Based on the evidence considered at the public hearing and the
recommendation of the Planning Commission, the City Council makes the following findings:
1, Section 17.08.030 of the Zoning Ordinance currently provides exceptions to the R-
1 development standards for small lots with respect to open space requirements.
2. Small lots are defined as lots that are 2100 square feet or less, and the Planning
Commission on a case-by-case basis may also include lots within 10% (i.e. up to 2,310 square
feet).
3. The small lots are largely concentrated in the Shakespeare Tract (between 30th
Street and Longfellow Avenue west of Valley Drive). There are approximately 150 lots zoned R-1
located in the Shakespeare tract with lot dimensions of 301x 70' feet. Additionally, there are
approximately 140 other smaller parcels of less than 2100 square feet, of which about 70 are "half -
lots" located throughout the City. Also there are approximately another 150 smaller parcels that
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fall within the 10% range (i.e. between 2100 and 2310 square feet), which are located in various
areas throughout the City. Therefore, a total of approximately 440 properties may qualify as
"small lots" in the City.
4. A small lot exception for open space in the R-1 zone was added to the code in 1988
and amended in 1997 to deal with the hardship of building on small lots. These provisions have
the unintended effect of allowing the development of slightly larger homes with unconventional
floor plans (i.e. primary living area on upper floors with bedrooms on the first floor) rather than
traditional floor plans. Also development pressures on small lots have resulted in an unusual
number of variances being requested even with these exceptions.
5. The Ordinance allows the front yard to count toward required open space and to
increase the allowable lot coverage to provide some additional footage demanded by most
homeowners either remodeling or constructing new homes, without compromising neighborhood
compatibility, and should reduce the need for variances. The changes should also increase the
desirability of conventional floor plans on walk streets where the front yard open space directly
connects to the open area available in the encroachment area. Also, these changes may provide
enough additional footage so owners do not feel compelled to construct full basements. For those
lots fronting on vehicular streets these amendments will reduce the current benefit gained by
loading garages on the vehicular street, so owners will be encouraged to continue to use the alley
for garage access, and preserve on -street parking.
6. The subject text amendment is exempt from the requirements of the California
Environment Quality Act (CEQA), pursuant to the general rule set forth in Section 15061(3) of the
CEQA Guidelines, as there is no possibility that this text amendment may have a significant effect
on the environment.
SECTION 4. Title 17- Zoning, Chapter 17.08, Section 17.08.030 of the Hermosa Beach
Municipal Code is amended by repealing the entire Subsection number (1), under Section
17.08.030(L), entitled Exceptions for small lots
SECTION 5. Title 17- Zoning, Chapter 17.08, of the Hermosa Beach Municipal Code is
amended by adding thereto a new Section 17.08.040 to read as follows:
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"Section 17.08.040 Development Standards for Small Lots.
Lots that are 2100 square feet or less in area shall be subject to the development standards
as contained in Section 17.08.030, with the exception of the following standards:
A. Open Space. There shall be a minimum of three hundred (300) square feet of usable
open space with minimum dimensions of seven feet in length and width, and all of the required
usable open space may be provided on balconies or decks provided that at least sixty percent
(60%) of usable open space is directly accessible to primary living areas (living rooms, family
rooms, and kitchen and living room or family room combinations) and located on the same floor
level as the accessible primary living area. The required front yard area may be included in the
required amount of open space provided a minimum dimension of seven feet in length and width
is provided. When computing open space in conjunction with required side yard areas, only the
area that exceeds the minimum required yard dimension may be counted toward open space and
only if the overall dimension of the required yard and the excess area together has a dimension of
seven feet in length and width.
B. Lot Coverage. All buildings including accessory buildings shall not cover more
than seventy (70) percent of the area of the lot;
C. Lots within ten percent (10%) of the lot size identified above (i.e. lots ranging from
2101 - 2310 square feet) may also be considered for some or all of the lot coverage and/or open
space exceptions for small lots, pursuant to the above, subject to review and approval by the
Planning Commission if warranted by any of the following considerations:
1, To achieve a consistent and comparable amount of indoor living space with
existing dwelling units in the immediate neighborhood;
2. To allow design flexibility in the application of the open space standard in
conjunction with the remodeling and expansion of existing structures;
3. To allow an innovative design which otherwise is consistent with the goals
and intent of the open space and development standards for the R-1 zone;
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4. To address unusual lot configurations or topography, as compared with
surrounding lot and development patterns."
SECTION 6. This Ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 7. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
SECTION 8. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 8th of August 2006 by the following vote:
AYES: Bobko, Edgerton, Keegan, Reviczky, Mayor Tucker
NOES: None
ABSENT- None
ABSTAIN: None
PRESIDENT of the City Council and MX/VOR of the City of Hermosa Beach, California
ATTEST•
C�y Jerk
4
City Attorney
TO FORM:
06-1270
• STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
•
r�
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 06-1270 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 25th of June 2006, and said
ordinance will be published in the Easy Reader newspaper on August 17, 2006.
The vote was as follows:
AYES: Bobko, Edgerton, Keegan, Reviczky, Mayor Tucker
NOES: None
ABSENT- None
ABSTAIN: None
DATED: August 8, 2006
%t'd� �gw db
City Clerk
0
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
easyreader@easyreader.info
PROOF OF PUBLICATION
(2015.5C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
August 17
ALL IN THE YEAR 2006
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 17th day of August, 2006
7���_,vj_k4 9�7�_
Beverly M , Princi al Clerk
•
cv
F, rul
A11, 2'
Proof of Publicatio 3 2006 .,
CITY OF HER M BEACH
Ordinance 06-1270
HC06-028
f�PMO�
o�
f�
City of
Hermosa Beach
ORDINANCE
NO. 06-1270
AN ORDINANCE OFTHE
CITY OF HERMOSA BEACH,
CALIFORNIA, AMENDING
DEVELOPMENT
STANDARDS INTHE
ZONING ORDINANCE
FORTHE R-1 ZONE EXCEP-
TIONS FOR SMALL LOTS
AND AMENDING
THE HERMOSA BEACH
MUNICIPAL CODE
THE CITY COUNCIL OFTHE
CRY OF HERMOSA BEACH
DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. The Planning
Commission held a duly noticed
pudic hearing on May 16 and
June 20, 2006, based on initial
direction from the City Council,
to consider amending the devel-
opment standards of the R-1
zone, as set forth in Section
17.08.030, as they pertain to the
exceptions for small lots.
SECTION 2. The City Council
held a duty noticed public hear-
ing on July 25, 2006 to consider
amending the development
standards of the R-1 zone, as
set forth in Section 17.08.030, as
they pertain to the exceptions for
small lots as recommerxded by
the Planning Commission follow-
ing its public hearing on the mat-
ter.
SECTION 3. Based on the evi-
dence considered at the public
hearing and the recommenda-
tion of the. Planning
Conxnission, the City Council
makes the following findings:
1. Section 17.08.030 of the
Zoning Ordnance currently pro-
vides exceptions to the R-1
development standards for small
M wdh respect lo open space
requiremerft
2 Small bb are defined as lots
IW are 2100 square feet or legs,
and the Planr" Commission
also iridu de lots wltlln'�o (.e
up to 2,310 square feet). -
3. The small lots are largely
concentrated in the
Shakespeare Tract (between
30th Street and Longfellow
Avenue west of Valley Drive).
There are approximately 150
lots zoned R-1 located in the
Shakespeare tract with lot
dimensions of 30'x 70' feet.
Additionally, there are approxi-
mately 140 other smaller parcels
of less than 2100 square feet, of
which about 70 are "half -lots"
located throughout the City. Also
there are approximately anottw
150 smaller parcels that fall with-
in the 10% range (i.e. between
2100 and 2310 square feet),
which are located in various
areas throughout the City.
Therefore, a total of approxi-
mately 440 properties may qual-
ify as "small bW in the City.
4. A small lot exception for
open space in the R-1 zone was
added to the code in 1988 and
amended in 1997 to deal with
the hardship of building on small
lots. These provisions have the
unintended effect of allowing the
development of slightly larger
homes with unconventional floor
Plans (i.e. primary living area on
upper floors with bedrooms on
the first floor) rather than tradi-
tional floor plans. Also develop -
ment pressures on small lots
have resulted in an unusual
number of variances being
requested even with these
exceptions.
531he Ordinance allows the
front yard to count toward
required open space and .fo
increase the allowable lot cover-
age to provide some additional
footage demanded by most
homeowners either remodeling..
or constructing new homes,
without compromising neighbor-
hood compatibility, and should
reduce the need for variances.
The changes should also
increase the desirability of con-
ventional floor plans on walk
streets where the front yard open
space directly connects to the
open area available in the
encroachment area. Also, these
changes may provide enough
additional footage so owners do
not feel compelled to construct
full -basements. For those lots
fronting on vehicular streets
these amendments will reduce
the current benefit gained by
loading garages on the vehicular
street, so owners will be encour-
aged to continue to use the alley
for garage access, and preserve
on -street parking.
6. The subject text amendment
is exempt from the requirements,,
of the California Environment;,
Quality Act (CEQA), pursuant to -
the general rule set forth in
Section 15061(3) of the CEQA
Guideli. , as there is no possf
brlily that this text amendment
may have a significant effect on
the environment
SECTION 4. Title 17- Zoning,
Chapter 17.08, Section
17.08.030 of the Hermosa
Beach Municipal Code is
amended by repealing the entire
Subsection number (1), under
Section 17.08.030(L), entitled
Exceptions for small lots
SECTION S. Title 17- Zoning,
Chapter 17.08, of the Hermosa
Beach Municipal Code is
amended by adding thereto a
new Section 17.08.040 to read
as follows:
"Section 17.08.040
Devebpmerrt Standards for
Small Lob.
Lots that are 2100 square feet
or less in area shall be subject
to the development standards
as contained in Section
17.08.030, with the exception
Of the following standards:
A. Open Space. There shall be
a minimum of three hundred
(300) square feet of usable
open space with minimum
dimensions of seven feet in
length and width, and all of the
required usable open space
may be provided on balconies
or decks provided that at least
sooty percent (60%) of usable
open space is directly accessi-
ble b primary living areas (liv-
ing rooms, family rooms, and
kitchen and IK" room or fam-
ily room combinations) and
located onithe same floor level
as the accessible primary living
area. The required front yard
area may be included in the
required amount of open
space provided a minimum
dimension of seven feet in
length and width is provided.
When computing open space
in conjunction with required
side yard areas, only the area
that exceeds the minimum
required yard dimension may
be counted toward open space
and only if the overall dimen-
sion of the required yard and
the excess area together has a
dimension of seven feet in
" and width.
B. Lot Coverage. All buildings
including accessory buildings
shall not cover more than sev-
ffennty (70) percent of the area of
lot
o wi n en" percent
of the lot size identified
inl�
(i.e. lots ranging from
2101 2310 square feet) may
also be considered for some or
at of the lot coverage and/or
open space exceptions for
small lots, pursuant to the
above, subject b review and
approval by the Planning
Commission ifwarranted by
any of the following con§dera-
tions:
1. To achieve a con-
sistent and comparable
amount of indoor living space
with existing dwelling units in
the immediate neighborhood;
2. To allow design
flexibility in the application of
the open space standard in
conjunction with the remodel-
ing and expansion of existing
structures
3. To allow an innov-
ative design which otherwise is
consistent with the goals and
intent of the open space and
development standards for the
R-1 zone;
4. To address unusual lot con-
figurations or topography, as
compared with surrounding lot
and development patterns."
SECTION 6. This Ordinance
shall become effective and be in
full force and effect from and
after thirty (30) days of its final
passage and adoption.
SECTION 7. Prior to the expk
ration of fifteen (15) days after
the date of its adoption, the City
Clerk shall cause this Ordinance
to be published in the Easy
Reader, a weekly newspaper of
general circulation published and
circulated, in the City of Hermosa
Beach in the manner provided by
law.
SECTION 8. The City Clerk
shall certify to the passage and
adoption of this Ordinance, shall
enter the same in the book of
original ordinances of said city,
and shall make minutes of the
passage and adoption thereof in
the records of the proceedings of
the City Council at which the
same is passed and adopted.
PASSED, APPROVED and
ADOPTED this 81h of August
2006 by the following vote:
AYES: Bobko, Edgerton,
Keegan, Reviczky,
Mayor Tucker
NOES: None
ABSENT: None
ABSTAIN: None
Peter C. Tucker
PRESIDENT of the City Council
and MAYOR of the City of
Hermosa Beach, California
ATTEST: Elaine Doerf"
City Clerk
APPROVED AS TO FORM:
Michael Jenkins
City Attorney
Easy Reader Inc/Redondo
Beach Hometown News/
August 17, 2006/RC06-028
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ORDINANCE NO. 06-1271
AN: ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING TITLE 8 OF THE HERMOSA BEACH MUNICIPAL CODE ADDING
NEW CHAPTER 8.52 FLOODPLAIN MANAGEMENT REGULATIONS AND
AMENDING CHAPTER 15.04 OF THE HERMOSA BEACH MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby finds that the Title 44, Section 60.1(a) of the Code
of Federal Regulations requires adoption of Floodplain Management Regulations in order for the
residents of the City of Hermosa Beach to be eligible to purchase flood insurance through the
National Flood Insurance Program, which is managed by the Federal Emergency Management
Agency. Such regulations must meet the minimum standards set forth in Title 44, Section 60.3 of
the Code of Federal Regulations.
SECTION 2. Title 8 of the Hermosa Beach Municipal Code is amended by adding thereto
a new Chapter 8.52 to read as follows:
Chapter 8.52 FLOODPLAIN MANAGEMENT REGULATIONS
8.52.010 STATUTORY AUTHORIZATION_
The Legislature of the State of California has in Government Code Sections 65302, 65560,
and 65800 conferred upon
local
governments the authority to adopt
regulations designed to
promote the public health,
safety,
and general welfare of its citizenry.
Therefore, the City of
Hermosa Beach does hereby adopt the following floodplain management regulations.
8.52.020 FINDINGS OF FACT
A. The flood hazard areas of Hermosa Beach are subject to periodic inundation which
results in loss of life and property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and relief, and
impairment of the tax base, all of which adversely affect the public health, safety, and general
welfare.
B. These flood losses are caused by uses that are inadequately elevated, flood -proofed,
or protected from flood damage. The cumulative effect of obstructions in areas of special flood
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hazards which increase flood heights and velocities also contributes to flood losses.
8.52.030 STATEMENT OF PURPOSE.
It is the purpose of this chapter to promote the public health, safety, and general welfare,
and to minimize public and private losses due to flood conditions by provisions designed to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control projects;
C. Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities such as water and gas mains;
electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;
F. Help maintain a stable tax base by providing for the sound use and development of
areas of special flood hazard so as to minimize future blighted areas caused by flood damage;
G. Ensure that potential buyers are notified that property is in an area of special flood
hazard; and
H. Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
8.52.040 METHODS OF REDUCING FLOOD LOSSES.
In order to accomplish its purposes, this chapter includes regulations to:
A. Restrict or prohibit uses which are dangerous to health, safety, and property due to
water or erosion hazards, or which result in damaging increases in erosion or flood heights or
velocities;
B. Require that uses vulnerable to floods, including facilities which serve such uses,
be protected against flood damage at the time of initial construction;
C. Control the alteration of natural floodplains, stream channels, and natural protective
barriers, which help accommodate or channel floodwaters;
D. Control filling, grading, dredging, and other development which may increase flood
damage; and
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E. Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards in other areas.
8.52.050 DEFINITIONS.
Unless specifically defined below, words or phrases used in this chapter shall be
interpreted so as to give them the meaning they have in common usage and to give this chapter its
most reasonable application.
"A zone" - see "Special flood hazard area".
"Accessory structure" means a structure of which the use is incidental to that of the main
structure on the same lot. Where the wall of an accessory structure has a common wall or a
portion of a common wall not less than four feet in length, such accessory structure shall be
considered as a part of the main structure.
"Appeal" means a request for a review of the Floodplain Administrator's interpretation of
any provision of this chapter.
"Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance
Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel
does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be
evident. Such flooding is characterized by ponding or sheet flow.
"Area of special flood hazard" - See "Special flood hazard area."
"Area of special flood -related erosion hazard" is the land within a community which is
most likely to be subject to severe flood -related erosion losses. The area may be designated as
Zone E on the Flood Insurance Rate Map (FIRM).
"Base flood" means a flood which has a one percent chance of being equaled or exceeded
in any given year (also called the "100 -year flood"). Base flood is the term used throughout this
chapter.
"Base flood elevation" (BFE) means the elevation shown on the Flood Insurance Rate Map
for Zones AE, AH, Al -30, VE and V1 -V30 that indicates the water surface elevation resulting
from a flood that has a 1 -percent or greater chance of being equaled or exceeded in any given year.
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"Basement" means any area of the building having its floor subgrade - i.e., below ground
level - on all sides.
"Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed
of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part
of the structural support of the building and which is designed to break away under abnormally
high tides or wave action without causing any damage to the structural integrity of the building on
which they are used or any buildings to which they might be carried by flood waters. A breakaway
wall shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per
square foot. Use of breakaway walls must be certified by a registered engineer or architect and
shall meet the following conditions:
1. Breakaway wall collapse shall result from a water load less than that which would
occur during the base flood; and
2. The elevated portion of the building shall not incur any structural damage due to
the effects of wind and water loads acting simultaneously in the event of the base flood.
"Building" - see "Structure"
"Coastal high hazard area" means an area of special flood hazard extending from offshore
to the inland limit of a primary frontal dune along an open coast and any other area subject to high
velocity wave action from storms or seismic sources. It is an area subject to high velocity waters,
including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance
Rate Map (FIRM) as Zone V I N30, VE, or V
"Development" means any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations or storage of equipment or materials.
"Encroachment" means the advance or infringement of uses, plant growth, fill, excavation,
buildings, permanent structures or development into a floodplain which may impede or alter the
flow capacity of a floodplain.
"Existing manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
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manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is completed
before the date this chapter became effective.
"Expansion to an existing manufactured home park or subdivision" means the preparation
of additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads).
"Flood, flooding, or flood water" means:
1, A general and temporary condition of partial or complete inundation of normally
dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or
runoff of: surface waters from any source; and/or mudslides (i.e., mudflows); and
2. The condition resulting from flood -related erosion.
"Flood Boundary and Floodway Map (FBFM)" means the official map on which the
Federal Emergency Management Agency or Federal Insurance Administration has delineated both
the areas of special flood hazards and the floodway.
"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated both the
areas of special flood hazards and the risk premium zones applicable to the community.
"Flood Insurance Study" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary
and Floodway Map, and the water surface elevation of the base flood.
"Floodplain or flood -prone area" means any land area susceptible to being inundated by
water from any source - see "Flooding."
"Floodplain Administrator" is the Director of Public Works.
"Floodplain management" means the operation of an overall program of corrective and
preventive measures for reducing flood damage and preserving and enhancing, where possible,
natural resources in the floodplain, including but not limited to emergency preparedness plans,
flood control works, floodplain management regulations, and open space plans.
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"Floodplain management regulations" means this chapter and other zoning ordinances,
subdivision regulations, building codes, health regulations, special purpose ordinances (such as
grading and erosion control) and other application of police power which control development in
flood -prone areas. This term describes federal, state or local regulations in any combination
thereof which provide standards for preventing and reducing flood loss and damage.
"Flood -proofing" means any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to real estate or
improved real property, water and sanitary facilities, structures, and their contents. For guidelines
on dry and wet flood -proofing, see FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93.
"Floodway" means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than one foot. Also referred to as "Regulatory Floodway."
"Floodway fringe" is that area of the floodplain on either side of the "Regulatory
Floodway" where encroachment may be permitted.
"Fraud and victimization" as related to Section 8.52.260 of this chapter, means that the
variance granted must not cause fraud on or victimization of the public. In examining this
requirement, the City of Hermosa Beach will consider the fact that every newly constructed
building adds to government responsibilities and remains a part of the community for fifty to
one -hundred years. Buildings that are permitted to be constructed below the base flood elevation
are subject during all those years to increased risk of damage from floods, while future owners of
the property and the community as a whole are subject to all the costs, inconvenience, danger, and
suffering that those increased flood damages bring. In addition, future owners may purchase the
property, unaware that it is subject to potential flood damage, and can be insured only at very high
flood insurance rates.
"Functionally dependent use" means a use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The term includes only docking
facilities, port facilities that are necessary for the loading and unloading of cargo or passengers,
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and ship building and ship repair facilities, and does not include long-term storage or related
manufacturing facilities.
"Governing body" is the City Council of the City of Hermosa Beach.
"Hardship" as related to Section 8.52.230 of this chapter means the exceptional hardship
that would result from a failure to grant the requested variance. The City of Hermosa Beach
requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere
economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations,
physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as
a rule, qualify as an exceptional hardship. All of these problems can be resolved through other
means without granting a variance, even if the alternative is more expensive, or requires the
property owner to build elsewhere or put the parcel to a different use than originally intended.
"Highest adjacent grade" means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
"Historic structure" means any structure that is:
L Listed individually in the National Register of Historic Places (a listing maintained
by the Department of Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing
to the historical significance of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior; or
4. Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either by an approved state program as
determined by the Secretary of the Interior or directly by the Secretary of the Interior in states
without approved programs.
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"Levee" means a man-made structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control or divert the flow
of water so as to provide protection from temporary flooding.
"Levee system" means a flood protection system which consists of a levee, or levees, and
associated structures, such as closure and drainage devices, which are constructed and operated in
accord with sound engineering practices.
"Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see
"Basement" definition).
1. An unfinished or flood resistant enclosure below the lowest floor that is usable
solely for parking of vehicles, building access or storage in an area other than a basement area, is
not considered a building's lowest floor provided it conforms to applicable non -elevation design
requirements, including, but not limited to:
a. The flood openings standard in Section 8.52.160.C.4 ,
b. anchoring standards in Section 8.52.160.A;
C. construction materials and methods standards in Section 8.52.160.B; and
d standards for utilities in Section 8.52.170.
"Manufactured home" means a structure, transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent foundation when
attached to the required utilities. The term "manufactured home" does not include a "recreational
vehicle"
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land
I divided into two or more manufactured home lots for rent or sale.
"Market value" is defined in the City of Hermosa Beach substantial damage/improvement
procedures. See Section 8.52.140.B.
"Mean sea level" means, for purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of
1988, or other datum, to which base flood elevations shown on a community's Flood Insurance
Rate Map are referenced.
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"New construction" for floodplain management purposes, means structures for which the
"start of construction" commenced on or after the effective date of this chapter, and includes any
subsequent improvements to such structures.
"New manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is completed
on or after the effective date of this chapter.
"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee,
dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building,
wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or
projecting into any watercourse which may alter, impede, retard or change the direction and/or
velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried
by the flow of water, or its likelihood of being carried downstream.
"One -hundred -year flood" or "100 -year flood" - see 'Base flood."
"Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand
with relatively steep seaward and landward slopes immediately landward and adjacent to the beach
and subject to erosion and overtopping from high tides and waves during major coastal storms.
The inland limit of the primary frontal dune occurs at the point where there is a distinct change
from a relatively mild slope.
"Program deficiency" means a defect in a community's floodplain management regulations
or administrative procedures that impairs effective implementation of those floodplain
management regulations.
"Public safety and nuisance" as related to Section 8.52.250 of this chapter, means that the
granting of a variance must not result in anything which is injurious to safety or health of an entire
community or neighborhood, or any considerable number of persons, or unlawfully obstructs the
free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or
basin.
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"Recreational vehicle" means a vehicle which is:
1, Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light-duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
"Regulatory floodway" means the channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot.
"Remedy a violation" means to bring the structure or other development into compliance
with State or local floodplain management regulations, or if this is not possible, to reduce the
impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure
or other affected development from flood damages, implementing the enforcement provisions of
this chapter or otherwise deterring future similar violations, or reducing State or Federal financial
exposure with regard to the structure or other development.
"Riverine" means relating to, formed by, or resembling a river (including tributaries),
stream, brook, etc.
"Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
"Sheet flow area" - see "Area of shallow flooding."
"Special flood hazard area (SFHA)" means an area in the floodplain subject to a 1 percent
or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO,
Al -A30, AE, A99, AH, V1 -V30, VE or V
"Start of construction" includes substantial improvement and other proposed new
development and means the date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was
within 180 days from the date of the permit. The actual start means either the first placement of
permanent construction of a structure on a site, such as the pouring of slab or footings, the
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installation of piles, the construction of columns, or any work beyond the stage of excavation; or
the placement of a manufacture home on a foundation. Permanent construction does not include
land preparation, such as clearing, grading, and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or
the erection of temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure. For a substantial improvement, the actual start of construction means the first alteration
of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
"Structure" means a walled and roofed building that is principally above ground; this
includes a gas or liquid storage tank or a manufactured home.
Substantial damage" means damage of any origin sustained by a structure whereby the cost
of restoring the structure to its before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
"Substantial improvement" means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of
the structure before the "start of construction" of the improvement. This term includes structures
which have incurred "substantial damage", regardless of the actual repair work performed. The
term does not, however, include either:
1, Any project for improvement of a structure to correct existing violations or state or
local health, sanitary, or safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living conditions; or
2. Any alteration of a "historic structure," provided that the alteration will not
preclude the structure's continued designation as a "historic structure."
"V zone" - see "Coastal high hazard area."
"Variance" means a grant of relief from the requirements of this chapter which permits
construction in a manner that would otherwise be prohibited by this chapter.
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"Violation" means the failure of a structure or other development to be fully compliant
with this chapter. A structure or other development without the elevation certificate, other
certifications, or other evidence of compliance required in this chapter is presumed to be in
violation until such time as that documentation is provided.
"Water surface elevation" means the height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of
floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other
topographic feature on or over which waters flow at least periodically. Watercourse includes
specifically designated areas in which substantial flood damage may occur.
8.52.060 LANDS TO WHICH THIS CHAPTER APPLIES.
This chapter shall apply to all areas of special flood hazards within the jurisdiction of City
of Hermosa Beach
8.52.070 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD.
The areas of special flood hazard identified by the Federal Emergency Management
Agency (FEMA) in the "Los Angeles County Flood Insurance Study (FIS)" dated July 6, 1998,
with accompanying Flood Insurance Rate Maps (FIRM's) and Flood Boundary and Floodway
Maps (FBFM's), and all subsequent amendments and/or revisions, are hereby adopted by
reference and declared to be a part of this chapter. This FIS and attendant mapping is the
minimum area of applicability of this chapter and may be supplemented by studies for other areas
which allow implementation of this chapter and which are recommended to the City of Hermosa
Beach by the Floodplain Administrator. The study, FIRM's and FBFM's are on file at the City of
Hermosa Beach Public Works Department at 1315 Valley Drive, Hermosa Beach.
8.52.080 COMPLIANCE.
No structure or land shall hereafter be constructed, located, extended, converted, or altered
without full compliance with the terms of this chapter and other applicable regulations. Violation of the
requirements (including violations of conditions and safeguards) shall constitute a misdemeanor.
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Nothing herein shall prevent the City of Hermosa Beach from taking such lawful action as is necessary
to prevent or remedy any violation.
8.52.090 ABROGATION AND GREATER RESTRICTIONS.
This chapter is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this chapter and any other provision of law,
easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
8.52.100 INTERPRETATION.
In the interpretation and application of this chapter, all provisions shall be:
A. Considered as minimum requirements;
C.
1 8.52.110
Liberally construed in favor of the governing body; and
Deemed neither to limit nor repeal any other powers granted under state statutes.
WARNING AND DISCLAIMER OF LIABILITY.
The degree of flood protection required by this chapter is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will occur on
rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not
imply that land outside the areas of special flood hazards or uses permitted within such areas will be
free from flooding or flood damages. This chapter shall not create liability on the part of City of
Hermosa Beach, any officer or employee thereof, the State of California, or the Federal Emergency
Management Agency, for any flood damages that result from reliance on this chapter or any
administrative decision lawfully made hereunder.
8.52.120 FLOOD DAMAGE PREVENTION PERMIT.
A flood damage prevention permit shall be obtained before any construction or other
development, including manufactured homes, within any area of special flood hazard established
in Section 8.52.070. Application for a flood damage prevention permit shall be made on forms
furnished by the City of Hermosa Beach. The applicant shall provide the following minimum
information:
A. Plans in duplicate, drawn to scale, showing:
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1. Location, dimensions, and elevation of the area in question, existing or proposed
structures, storage of materials and equipment and their location;
2. Proposed locations of water supply, sanitary sewer, and other utilities;
3. Grading information showing existing and proposed contours, any proposed fill,
and drainage facilities;
4. Location of the regulatory floodway when applicable;
5. Base flood elevation information as specified in Section 8.52.070 or Section
8.52.140.C;
6. Proposed elevation in relation to mean sea level, of the lowest floor (including
basement) of all structures; and
7. Proposed elevation in relation to mean sea level to which any nonresidential
structure will be flood -proofed, as required in Section 8.52.160.C.3 of this chapter and detailed in
FEMA Technical Bulletin TB 3-93.
B. Certification from a registered civil engineer or architect that the nonresidential
flood -proofed building meets the flood -proofing criteria in Section 8.52.160.C.3.
C. For a crawl -space foundation, location and total net area of foundation openings as
required in Section 8.52.160.C.2 of this chapter and detailed in FEMA Technical Bulletins 1-93
and 7-93.
D. Description of the extent to which any watercourse will be altered or relocated as a
result of proposed development.
E. All appropriate certifications listed in Section 8.52.140.E of this chapter.
8.52.130 DESIGNATION OF FLOODPLAIN ADMINISTRATOR.
The Director of Public Works is hereby appointed to administer, implement, and enforce
this chapter by granting or denying flood damage prevention permits in accord with its provisions.
8.52.140 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINSTRATOR.
The duties and responsibilities of the Floodplain Administrator shall include, but not be
limited to the following:
A. Permit Review.
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Review all flood damage prevention permits to determine:
1, Permit requirements of this chapter have been satisfied, including determination of
substantial improvement and substantial damage of existing structures;
2. All other required state and federal permits have been obtained;
3. The site is reasonably safe from flooding;
4. The proposed development does not adversely affect the carrying capacity of areas
where base flood elevations have been determined but a floodway has not been designated. This
means that the cumulative effect of the proposed development when combined with all other
existing and anticipated development will not increase the water surface elevation of the base
flood more than 1 foot at any point within the City of Hermosa Beach; and
5. All Letters of Map Revision (LOMR's) for flood control projects are approved
prior to the issuance of building permits. Building Permits must not be issued based on
Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of the
proposed flood control project and land preparation as specified in the "start of construction"
definition.
B. Development of Substantial Improvement and Substantial Damage Procedures.
1, Using FEMA publication FEMA 213, "Answers to Questions About Substantially
Damaged Buildings," develop detailed procedures for identifying and administering requirements
for substantial improvement and substantial damage, to include defining "Market Value."
2. Assure procedures are coordinated with other departments/divisions and
implemented by community staff.
C. Review, Use and Development of Other Base Flood Data.
When base flood elevation data has not been provided in accordance with Section
8.52.070, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood
elevation and floodway data available from a federal or state agency, or other source, in order to
administer Sections 8.52.160 through 8.52.220.
NOTE: A base flood elevation may be obtained using one of two methods from the
FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A
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Areas — A Guide for Obtaining and Developing Base (100 -year) Flood Elevations" dated July
1995.
D. Notification of Other Agencies.
1, Alteration or relocation of a watercourse:
a. Notify adjacent communities and the California Department of Water
Resources prior to alteration or relocation;
b. Submit evidence of such notification to the Federal Emergency Management
Agency; and
c. Assure that the flood carrying capacity within the altered or relocated portion of
said watercourse is maintained.
2. Base Flood Elevation changes due to physical alterations:
a. Within 6 months of information becoming available or project completion,
whichever comes first, the floodplain administrator shall submit or assure that the permit applicant
submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR).
b. All LOMR's for flood control projects are approved prior to the issuance of
building permits. Building Permits must not be issued based on Conditional Letters of Map
Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control
project and land preparation as specified in the "start of construction" definition.
Such submissions are necessary so that upon confirmation of those physical changes
affecting flooding conditions, risk premium rates and floodplain management requirements are
based on current data.
3. Changes in corporate boundaries:
Notify FEMA in writing whenever the corporate boundaries have been
modified by annexation or other means and include a copy of a map of the community clearly
delineating the new corporate limits.
E. Documentation of Floodplain Development.
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Obtain and maintain for public inspection and make available as needed the
1 Certification required by Section 8.52.160.C.1 and Section 8.52.190 (lowest floor
elevations);
2. Certification required by Section 8.52.160.C.3 (elevation or flood -proofing of
nonresidential structures);
3. Certification required by Sections 8.52.160.C.4 (wet flood -proofing standard);
4. Certification of elevation required by Section 8.52.180.A.3 (subdivisions and other
proposed development standards);
5. Certification required by Section 8.52.220 (floodway encroachments);
6. Information required by Section 8.52.2101 (coastal construction standards); and
7 Maintain a record of all variance actions, including justification for their issuance,
and report such variances issued in its biennial report submitted to the Federal Emergency
Management Agency.
F, Map Determination. Make interpretations where needed, as to the exact location of the
boundaries of the areas of special flood hazard, where there appears to be a conflict between a
mapped boundary and actual field conditions. The person contesting the location of the boundary
shall be given a reasonable opportunity to appeal the interpretation as provided in Section
8.52.150.
G. Remedial Action. Take action to remedy violations of this chapter as specified in
Section 8.52.080.
H. Biennial Report. Complete and submit Biennial Report to FEMA.
I. Planning. Assure community's General Plan is consistent with floodplain management
objectives herein.
8.52.150 APPEALS
The City Council of the City of Hermosa Beach shall hear and decide appeals when it is
alleged there is an error in any requirement, decision, or determination made by the Floodplain
Administrator in the enforcement or administration of this chapter.
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8.52.160 STANDARDS OF CONSTRUCTION
In all areas of special flood hazards the following standards are required:
A. Anchoring.
All new construction and
substantial
improvements of structures,
including
manufactured homes, shall be adequately
anchored
to prevent flotation, collapse
or lateral
movement of the structure resulting from hydrodynamic and hydrostatic loads, including the
effects of buoyancy.
B. Construction Materials and Methods.
All new construction and substantial improvements of structures, including
manufactured homes, shall be constructed:
I. With flood resistant materials, and utility equipment resistant to flood damage for
areas below the base flood elevation;
2. Using methods and practices that minimize flood damage;
3. With electrical, heating, ventilation, plumbing and air conditioning equipment and
other service facilities that are designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding; and
4. Within Zones AH or AO, so that there are adequate drainage paths around
structures on slopes to guide flood waters around and away from proposed structures.
C. Elevation and Flood -proofing.
1, Residential construction. All new construction or substantial improvements of
residential structures shall have the lowest floor, including basement:
a. In AE, AH, Al -30 Zones, elevated to or above the base flood elevation.
b. In an AO zone, elevated above the highest adjacent grade to a height equal
to or exceeding the depth number specified in feet on the FIRM, or elevated at least 2 feet above
the highest adjacent grade if no depth number is specified.
c. In an A zone, without BFE's specified on the FIRM [unnumbered A zone],
elevated to or above the base flood elevation; as determined under Section 8.52.140.C.
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Upon the completion of the structure, the elevation of the lowest floor, including basement,
shall be certified by a registered civil engineer or licensed land surveyor, and verified by the
community building inspector to be properly elevated. Such certification and verification shall be
provided to the Floodplain Administrator.
2. Crawlspace Construction. This sub -section applies to buildings with crawl spaces
up to 2 feet below grade. Below -grade crawl space construction in accordance with the
requirements listed below will not be considered basements.
a. The building must be designed and adequately anchored to resist flotation,
collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy. Crawl space construction is not allowed in areas with flood
velocities greater than 5 feet per second unless the design is reviewed by a qualified design
professional, such as a registered architect or professional engineer;
b. The crawl space is an enclosed area below the BFE and, as such, must have
openings that equalize hydrostatic pressures by allowing for the automatic entry and exit
floodwaters. For guidance on flood openings, see FEMA Technical Bulletin 1-93;
C. Crawl space construction is not permitted in V zones. Open pile or column
foundations that withstand storm surge and wave forces are required in V zones;
d. Portions of the building below the BFE must be constructed with materials
resistant to flood damage. This includes not only the foundation walls of the crawl space used to
elevate the building, but also any joists, insulation, or other materials that extend below the BFE;
and
e. Any building utility systems within the crawl space must be elevated above
BFE or designed so that floodwaters cannot enter or accumulate within the system components
during flood conditions.
f. Requirements for all below -grade crawl space construction, in addition to
the above requirements, to include the following:
1, The interior grade of a crawl space below the BFE must not be more than
2 feet below the lowest adjacent exterior grade (LAG), shown as D in figure 3 of Technical
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Bulletin 11-01,
2. The height of the below -grade crawl space, measured from the interior
grade of the crawl space to the top of the crawl space foundation wall must not exceed 4 feet
(shown as L in figure 3 of Technical Bulletin 11-01) at any point;
3. There must be an adequate drainage system that removes floodwaters
from the interior area of the crawl space within a reasonable period of time after a flood event,
to exceed 72 hours; and
4. The velocity of floodwaters at the site should not exceed 5 feet per
for any crawl space. For velocities in excess of 5 feet per second, other foundation types should
used.
3. Nonresidential construction. All new construction or substantial improvements
nonresidential structures shall either be elevated to conform with Section 8.52.160.0 or:
a. Be flood -proofed, together with attendant utility and sanitary facilities,
below the elevation recommended under Section 8.52.160.C.1, so that the structure is watertight
with walls substantially impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
C. Be certified by a registered civil engineer or architect that the standards of
Section 8.52.160.C.3.a & b are satisfied. Such certification shall be provided to the Floodplain
Administrator,
4. Flood openings. All new construction and substantial improvements of structures
with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for
parking of vehicles, building access or storage, and which are subject to flooding, shall be
designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the
entry and exit of floodwater. Designs for meeting this requirement must meet the following
minimum criteria:
a For non -engineered openings:
1. Have a minimum of two openings on different sides having a total
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net area of not less than one square inch for every square foot of enclosed area subject to flooding;
2. The bottom of all openings shall be no higher than one foot above grade;
3. Openings may be equipped with screens, louvers, valves or other
coverings or devices provided that they permit the automatic entry and exit of floodwater; and
4. Buildings with more than one enclosed area must have openings on
exterior walls for each area to allow flood water to directly enter; or
b. be certified by a registered civil engineer or architect.
5. Manufactured homes. See Section 8.52.190.
6. Garages and low cost accessory structures.
a. Attached garages.
1, A garage attached to a residential structure, constructed with the
garage floor slab below the BFE, must be designed to allow for the automatic entry of flood
waters. See Section 8.52.160.C.4. Areas of the garage below the BFE must be constructed with
flood resistant materials. See Section 8.52.160.B.
2. A garage attached to a nonresidential structure must meet the above
requirements or be dry flood -proofed. For guidance on below grade parking areas, see FEMA
Technical Bulletin TB -6.
b. Detached garages and accessory structures.
1, "Accessory structures" used solely for parking (2 car detached garages
or smaller) or limited storage, as defined in Section 8.52.050, may be constructed such that its
floor is below the base flood elevation (BFE), provided the structure is designed and constructed
in accordance with the following requirements:
a. Use of the accessory structure must be limited to parking or limited
storage;
b. The portions of the accessory structure located below the BFE must
be built using flood -resistant materials;
c. The accessory structure must be adequately anchored to prevent
flotation, collapse and lateral movement;
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d. Any mechanical and utility equipment in the accessory structure
must be elevated or flood -proofed to or above the BFE;
e. The accessory structure must comply with floodplain encroachment
provisions in Section 8.52.220; and
f. The accessory structure must be designed to allow for the automatic
entry of flood waters in accordance with Section 8.52.160.C.4.
2. Detached garages and accessory structures not meeting the above
standards must be constructed in accordance with all applicable standards in Section 8.52.160.
8.52.170 STANDARDS FOR UTILITIES.
A. All new and replacement water supply and sanitary sewage systems shall be
designed to minimize or eliminate:
1, Infiltration of flood waters into the systems; and
2. Discharge from the systems into flood waters.
B. On-site waste disposal systems shall be located to avoid impairment to them, or
contamination from them during flooding.
8.52.180 STANDARDS FOR SUBDIVISIONS AND OTHER PROPOSED
DEVELOPMENT
A. All new subdivisions proposals and other proposed development, including
proposals for manufactured home parks and subdivisions, greater than 50 lots or 5 acres,
whichever is the lesser, shall:
1, Identify the Special Flood Hazard Areas (SFHA) and Base Flood Elevations (BFE).
2. Identify the elevations of lowest floors of all proposed structures and pads on the
final plans.
3. If the site is filled above the base flood elevation, the following as -built information
for each structure shall be certified by a registered civil engineer or licensed land surveyor and
provided as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the
Floodplain Administrator:
a. Lowest floor elevation.
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b. Pad elevation.
c. Lowest adjacent grade.
B. All subdivision proposals and other proposed development shall be consistent with the
need to minimize flood damage.
C. All subdivision proposals and other proposed development shall have public utilities
and facilities such as sewer, gas, electrical and water systems located and constructed to minimize
flood damage.
D. All subdivisions and other proposed development shall provide adequate drainage to
reduce exposure to flood hazards.
8.52.190 STANDARDS FOR MANUFACTURED HOMES
A. All manufactured homes that are placed or substantially improved, on sites located:
(1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or
subdivision; (3) in an expansion to an existing manufactured home park or subdivision; or (4) in
an existing manufactured home park or subdivision upon which a manufactured home has incurred
"substantial damage" as the result of a flood, shall:
1. Within Zones Al -30, AH, and AE on the community's Flood Insurance Rate Map,
be elevated on a permanent foundation such that the lowest floor of the manufactured home is
elevated to or above the base flood elevation and be securely fastened to an adequately anchored
foundation system to resist flotation, collapse, and lateral movement.
2. Within Zones V1-30, V, and VE on the community's Flood Insurance Rate Map,
meet the requirements of Section 8.52.210.
B. All manufactured homes to be placed or substantially improved on sites in an
existing manufactured home park or subdivision within Zones Al -30, AH, AE, V1-30, V, and VE
on the community's Flood Insurance Rate Map that are not subject to the provisions of Section
8.52.190 will be securely fastened to an adequately anchored foundation system to resist flotation,
collapse, and lateral movement, and be elevated so that either the:
1. Lowest floor of the manufactured home is at or above the base flood elevation; or
2. Manufactured home chassis is supported by reinforced piers or other foundation
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elements of at least equivalent strength that are no less than 36 inches in height above grade.
Upon the completion of the structure, the elevation of the lowest floor including
basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by
the community building inspector to be properly elevated. Such certification and verification shall
be provided to the Floodplain Administrator.
8.52.200 STANDARDS FOR RECREATIONAL VEHICLES
A. All recreational vehicles placed in Zones Al -30, AH, AE, V1-30 and VE will
either:
1. Be on the site for fewer than 180 consecutive days; or
2. Be fully licensed and ready for highway use. A recreational vehicle is ready for
highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect
type utilities and security devices, and has no permanently attached additions; or
3. Meet the permit requirements of Section 8.52.120 of this chapter and the elevation
and anchoring requirements for manufactured homes in Section 8.52.190.
B. Recreational vehicles placed on sites within Zones VI -30, V, and VE on the
community's Flood Insurance Rate Map will meet the requirements of Section 8.52.200.A and
Section 8.52.210.
8.52.210 COASTAL HIGH HAZARD AREAS
Within coastal high hazard areas, Zones V, VI -30, and VE, as established under Section
8.52.070, the following standards shall apply:
A. All new residential and non-residential construction, including substantial
improvement/damage, shall be elevated on adequately anchored pilings or columns and securely
anchored to such pilings or columns so that the bottom of the lowest horizontal structural member
of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level.
The pile or column foundation and structure attached thereto is anchored to resist flotation,
collapse, and lateral movement due to the effects of wind and water loads acting simultaneously
on all building components. Water loading values used shall be those associated with the base
flood. Wind loading values used shall be those required by applicable state or local building
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I standards.
B. All new construction and other development shall be located on the landward side
of the reach of mean high tide.
C. All new construction and substantial improvement shall have the space below the
lowest floor free of obstructions or constructed with breakaway walls as defined in Section
8.52.050 of this chapter. Such enclosed space shall not be used for human habitation and will be
usable solely for parking of vehicles, building access or storage.
D. Fill shall not be used for structural support of buildings.
E. Man-made alteration of sand dunes which would increase potential flood damage is
prohibited.
F. The Floodplain Administrator shall obtain and maintain the following records:
1. Certification by a registered engineer or architect that a proposed structure complies
with Section 8.52.210.A, and
2. The elevation (in relation to mean sea level) of the bottom of the lowest horizontal
structural member of the lowest floor (excluding pilings or columns) of all new and substantially
improved structures, and whether such structures contain a basement.
8.52.220 FLOODWAYS.
Since floodways are an extremely hazardous area due to the velocity of flood waters which
carry debris, potential projectiles, and erosion potential, the following provisions apply:
A. Until a regulatory floodway is adopted, no new construction, substantial
development, or other development (including fill) shall be permitted within Zones Al -30 and AE,
unless it is demonstrated that the cumulative effect of the proposed development, when combined
with all other development, will not increase the water surface elevation of the base flood more
than 1 foot at any point within the City of Hermosa Beach.
B. Within an adopted regulatory floodway, the City of Hermosa Beach shall prohibit
encroachments, including fill, new construction, substantial improvements, and other
development, unless certification by a registered civil engineer is provided demonstrating that the
proposed encroachment shall not result in any increase in flood levels during the occurrence of the
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base flood discharge.
C. If Sections 8.52.220.A & B are satisfied, all new construction, substantial
improvement, and other proposed new development shall comply with all other applicable flood
hazard reduction provisions of Sections 8.52.160 through 8.52.220.
18.52.230
NATURE OF VARIANCES
The issuance of a variance is for floodplain management purposes only. Insurance
I premium rates are determined by statute according to actuarial risk and will not be modified by the
granting of a variance.
The variance criteria set forth in this section of the chapter are based on the general
principle of zoning law that variances pertain to a piece of property and are not personal in nature.
A variance may be granted for a parcel of property with physical characteristics so unusual
that complying with the requirements of this chapter would create an exceptional hardship to the
applicant or the surrounding property owners. The characteristics must be unique to the property
and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not
to the structure, its inhabitants, or the property owners.
It is the duty of the City of Hermosa Beach to help protect its citizens from flooding. This
need is so compelling and the implications of the cost of insuring a structure built below flood
level are so serious that variances from the flood elevation or from other requirements in the flood
ordinance are quite rare. The long term goal of preventing and reducing flood loss and damage
can only be met if variances are strictly limited. Therefore, the variance guidelines provided in
this chapter are more detailed and contain multiple provisions that must be met before a variance
can be properly granted. The criteria are designed to screen out those situations in which
alternatives other than a variance are more appropriate.
8.52.240 CONDITIONS FOR VARIANCES
A. Generally, variances may be issued for new construction, substantial improvement,
and other proposed new development to be erected on a lot of one-half acre or less in size
contiguous to and surrounded by lots with existing structures constructed below the base flood
level, providing that the procedures of Sections 8.52.120 through 8.52.220 of this chapter have
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been fully considered. As the lot size increases beyond one-half acre, the technical justification
required for issuing the variance increases.
B. Variances may be issued for the repair or rehabilitation of "historic structures" (as
defined in Section 8.52.050 of this chapter ) upon a determination that the proposed repair or
rehabilitation will not preclude the structure's continued designation as an historic structure and
the variance is the minimum necessary to preserve the historic character and design of the
structure.
C. Variances shall not be issued within any mapped regulatory floodway if any
increase in flood levels during the base flood discharge would result.
D. Variances shall only be issued upon a determination that the variance is the
"minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means
to afford relief with a minimum of deviation from the requirements of this chapter. For example,
in the case of variances to an elevation requirement, this means the City of Hermosa Beach need
not grant permission for the applicant to build at grade, or even to whatever elevation the applicant
proposes, but only to that elevation which the City of Hermosa Beach believes will both provide
relief and preserve the integrity of: the local ordinance.
E. Any applicant to whom a variance is granted shall be given written notice over the
signature of a community official that:
1. The issuance of a variance to construct a structure below the base flood level will
result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of
insurance coverage, and
2. Such construction below the base flood level increases risks to life and property. It
is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the
Office of the Los Angeles County Recorder and shall be recorded in a manner so that it appears in
the chain of title of the affected parcel of:land.
P The Floodplain Administrator will maintain a record of all variance actions, including
justification for their issuance, and report such variances issued in its biennial report submitted to
the Federal Emergency Management Agency.
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18.52.250
CRITERIA FOR ISSUANCE OF VARIANCES
A. In passing upon requests for variances, the City of Hermosa Beach shall consider
all technical evaluations, all relevant factors, standards specified in other sections of this chapter,
I and the:
1. Danger that materials may be swept onto other lands to the injury of others;
2. Danger of life and property due to flooding or erosion damage;
3. Susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the existing individual owner and future owners of the property;
4. Importance of the services provided by the proposed facility to the community;
5. Necessity to the facility of a waterfront location, where applicable;
6. Availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
7 Compatibility of the proposed use with existing and anticipated development;
8. Relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
9. Safety of access to the property in time of flood for ordinary and emergency
vehicles;
10. Expected heights, velocity, duration, rate of rise, and sediment transport of the
flood waters expected at the site; and
11. Costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and
water system, and streets and bridges.
B. Variances shall only be issued upon a:
1. Showing of good and sufficient cause;
2. Determination that failure to grant the variance would result in exceptional
"hardship" to the applicant; and
3. Determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see
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"Public safety and nuisance"), cause "fraud and victimization" of the public, or conflict with
existing local laws or ordinances.
C. Variances may be issued for new construction, substantial improvement, and other
proposed new development necessary for the conduct of a functionally dependent use provided that
the provisions of Sections 8.52.250.A through 8.52.250.D are satisfied and that the structure or
other development is protected by methods that minimize flood damages during the base flood and
does not result in additional threats to public safety and does not create a public nuisance.
D. Upon consideration of the factors of Section 8.52.240.A and the purposes of this
chapter, the City of Hermosa Beach may attach such conditions to the granting of variances as it
deems necessary to further the purposes of this chapter.
SECTION 3. Chapter 15.04 of the Hermosa Beach Municipal Code is amended by adding
a new Section 15.04.150 to read as follows:
115.04.150
FLOODPLAIN MANAGEMENT REGULATIONS
Notwithstanding the provisions of Section 15.04.010, the Building Code is amended by
requiring that all construction or other development within any area of special flood hazard, as
determined in Section 8.52.060 of this Code, is subject to the Floodplain Management Regulations
set forth in Chapter 8.52 of this Code.
SECTION 4. This Ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 5. Pursuant to Government Code § 36933(c)(1), a summary of this ordinance
was published in the Easy Reader, a weekly newspaper of general circulation published and
circulated, in the City of Hermosa Beach five days before adoption. Prior to the expiration of
fifteen (15) days after the date of its adoption, the City Clerk shall cause a summary of this
ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published
and circulated, in the City of Hermosa Beach in the manner provided by law.
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SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 8th of August 2006 by the following vote:
AYES: Bobko, Edgerton, Keegan, Reviczky, Mayor Tucker
NOES: None
ABSENT: None
ABSTAIN: None
PRESIDENT of the City Council and MAYOR OF, 4he City of Hermosa Beach, California
ATTEST- APPROVED AS TO FORM:
Clerk
M
30
06-1271
• STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 06-1271 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 8th of July 2006, and a summary
of said ordinance was published in the Easy Reader newspaper on August 3 and the
summary will be published again on August 17, 2006.
• The vote was as follows:
AYES: Bobko, Edgerton, Keegan, Reviczky, Mayor Tucker
NOES: None
ABSENT• None
ABSTAIN: None
DATED: August 8, 2006
City Cler
•
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
easyreader@easyreader.info
PROOF OF PUBLICATION
(2015.5C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
August 17
ALL IN THE YEAR 2006
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 17'h day of August, 2006
Beverly Morse, Princi al Clerk
Proof of Publication of:
CITY OF HERMOSA BEACH
Ordinance Summary 06-1271
HC06-027
NEW CHAPTER 8.52 FLOOD-
PLAIN
MANAGEMENT
REGULATIONS AND AMEND-
ING CHAPTER 15.04 OF THE
HERMOSA BEACH MUNICI-
PAL CODE
D 1"11 ly VUuI. Uy Guull ly d uub''
reference to the special con-
struction standards for areas of
special flood hazard. A full copy
of Ordinance No. 06-1271 is
available for review in the City
Clerk's office.
Ordinance No. 06-1271 was
adopted on August 8, 2006 by
the following vote:
AYES: Bobko, Edgerton,
Keegan, Tucker,
Mayor Reviczky
NOES: None
ABSENT: None
ABSTAIN: None
N
Easy Readerinc/Redondo
Beach Hometown News/
August 17, 2006/HC06-027
2
Ordinance No. 06-1271 amends
Trde 8 Health and Safety of the
Hermosa Beach Municipal Code
by adding Floodplain
ePMo
Management Regulations, as
required by the Code of Federal
c
;
Regulations as a condition of
p
g o'
continued participation in the
o
r
National Flood Insurance
Program. The ordinance sets
forth development procedures
and construction standards -for
city of
areas designated as special
Hermosa Beach
flood hazard areas. The con -
struction standards cover such
matters as anchoring, oonstruc-
ORDINANCE
tion materials and methods, ele-
vation, floodproofing, residential
construction, crawlspace con-
struction, nonresidential con -
AN ORDINANCE OFTHE
struction, flood openings, manu-
CRY OF HERMOSA BEACH,
factured homes, garages and
CALIFORNIA, AMENDING
accessory structures. Ordinance
TITLE 8 OF
No. 06-1271 also amends
THE HERMOSA BEACH
Chapter 15.04 of the City's
D 1"11 ly VUuI. Uy Guull ly d uub''
reference to the special con-
struction standards for areas of
special flood hazard. A full copy
of Ordinance No. 06-1271 is
available for review in the City
Clerk's office.
Ordinance No. 06-1271 was
adopted on August 8, 2006 by
the following vote:
AYES: Bobko, Edgerton,
Keegan, Tucker,
Mayor Reviczky
NOES: None
ABSENT: None
ABSTAIN: None
N
Easy Readerinc/Redondo
Beach Hometown News/
August 17, 2006/HC06-027
2
•
0
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
easyreader@easyreader.info
PROOF OF PUBLICATION
(2015.5C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
Aueust 3
ALL IN THE YEAR 2006
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 3rd day of Aueust. 2006
Proof of Publication of -
CITY OF HERMOSA BEACH
Ordinance 06-127# Summary
HC06-026
r.aMo.
City of
Hermosa Beach
ORDINANCE
NO. 06-1271
AN ORDINANCE OF THE
CITY OF HERMOSA
BEACH, CALIFORNIA,
AMENDING TITLE 8OFTHE
HERMOSA BEACH MUNICI-
PAL CODE ADDING NEW
CHAPTER 8.52 FLOOD-
PLAIN MANAGEMENT
REGULATIONS AND
AMENDING CHAPTER
15.04 OF THE HERMOSA
BEACH MUNICIPAL CODE
Ordinance No. 06-1271
amends Title 8 Health and
Safety of the Hermosa Beach
Municipal Code by adding
Floodplain Management
Regulations, as required by the
Code of Federal Regulations
as a condition of continued par-
ticipation in the National Flood
Insurance Program. The ordi-
nance sets forth development
procedures and construction
standards for areas designated
as special flood hazard areas.
The construction standards
cover such matters as -anchor-
ing, construction materials and
methods, elevation, floodproof-
ing, residential construction,
crawlspace construction, non-
residential construction, flood
openings, manufactured homes,
garages and accessory struc-
tures. Ordinance No. 06-1271
also amends Chapter 15.04 of
the City's Building Code by
adding a cross-reference to the
special construction standards
for areas of special flood hazard.
A full copy of Ordinance No. 06-
1271 is available for review in the
City Clerk's office.
Ordinance No. 06.1271 will be
considered by the City Council
for adoption at its regular meet-
ing on August 8, 2006.
Easy ReaderInc/Redondo
Beach Hometown News/
August 3, 2006/HC06-026
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ORDINANCE NO. 06-1272
AN ORDINANCE OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, AMENDING THE ZONING ORDINANCE TO ADD
LARGE DAY SPAS AS A CONDITIONALLY PERMITTED USE IN
THE C-2 AND C-3 ZONES AND TO ADD LARGE DAY SPA
FACILITIES IN THE USE DEFINITION IN CHAPTER 17.04.
The City Council of the City of Hermosa Beach does hereby ordain as follows:
SECTION 1. The Planning Commission held a duly noticed public hearing on January 17,
2006, to consider adopting an ordinance adding a new definition in Chapter 17.04 and amending
Section 17.26.030 of the Hermosa Beach Municipal Code to regulate large day spa facilities with
greater than 3,000 square feet of gross floor area.
SECTION 2. The City Council conducted a duly noticed public hearing on August 8, 2006,
to consider the recommendation of the Planning Commission to approve adding large day spa
facilities as a conditionally permitted use in the C-2 and C-3 zones and to add the definition of large
day spa in Chapter 17.04, at which testimony and evidence, both written and oral, was presented to
and considered by the Council.
SECTION 3. The subject text amendment is exempt from the requirements of the
California Environmental Quality Act (CEQA), pursuant to the general rule set forth in Section
15061(3) of the CEQA Guidelines, as there is no possibility that these modifications to the zoning
ordinance may have a significant effect on the environment.
SECTION 4. Based on the evidence considered at the public hearing and the
recommendation of the Planning Commission the City Council hereby ordains that Hermosa Beach
Municipal Code, Title 17 -Zoning, Chapter 17.04, Section 17.04.050 be amended to add the following
to commercial land use definitions:
1, "Large Day Spa. An establishment that consists of more than 3,000 square feet of
gross floor area, that offers a combination of non-medical personal services that may include hair,
nail and skin care treatment or other services typically found in a beauty shop, and also massage
therapy and similar treatment of the human body, and may also include spa tubs, pools, steam
rooms, saunas or other related accessory facilities and uses. If massage therapy occupies more
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than 25% of the gross floor area of the establishment the business shall be subject to requirements
of massage therapy business pursuant to Chapter 5.74 of the Municipal Code."
SECTION 5. Amend the land use matrix under Chapter 17.26, Land Use Regulations to
add the following in alphabetical order within the matrix
Use
C-1
C-2
C-3
See Section
Large Day Spa
-
U
U
17.04.050
SECTION 6. This ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 7. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
SECTION 8. The City Clerk shall certify to the passage and adoption of this ordinance
shall enter the same in the book of original ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 12th of September 2006 by the following vote:
AYES: Bobko, Keegan, Reviczky, Tucker, Mayor Edgerton
NOES: None
ABSENT- None
ABSTAIN- None /)
ATTEST:
• 28 �i lerk
1"
of the City
it and/IAYOR of the City of Hermosa Beach, California
06-1272 I
STATE OF CALIFORNIA
• COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 06-1272 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 12th of September 2006, and
said ordinance will be published in the Easy Reader newspaper on September 21, 2006.
The vote was as follows:
AYES: Bobko, Keegan, Reviczky, Tucker, Mayor Edgerton
• NOES: None
ABSENT- None
ABSTAIN: None
DATED: September 26, 2006
0-o
City Clerk
0
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•
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
easyreader@easyreader.info
PROOF OF PUBLICATION
(2015.5C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeies,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
Proof of Publication of -
CITY OF HERMOSA BEACH
Ordinance 06-1272
HC06-032
September 21 / ���j�Z <
ALL IN THE YEAR 2006
I certify (or declare) under penalty of peril
the foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNI
This 21St day of September, 2006
'34q � 6
• erl se,. al Clerk
J
ra..Mos
I' o �gi
City of
Hermosa Beach
ORDINANCE
NO. 06-1272
AN ORDINANCE OF THE
CITY OF HERMOSA BEACH,
CALIFORNIA, AMENDING
THE ZONING ORDINANCE
TO ADD LARGE DAY SPAS
AS A CONDITIONALLY PER-
MITTED USE IN THE C-2 AND
C-3 ZONES AND TO ADD
LARGE DAY SPA FACILITIES
IN THE USE DEFINMON IN
CHAPTER 17.04.
The City Council of the City
of Hermosa Beach does here-
by ordain as follows:
SECTION 1. The Planning
Commission held a duly
noticed public hearing on
January 17, 2006, to consider
adopting an ordinance adding
a new definition in Chapter
17.04 and amending Section
17.26.030 of the Hermosa
Beach Municipal Code to regu-
late large day spa facilities with
greater than 3,000 square feet
of gross floor area.
SECTION 2. The City
Council conducted a duly
noticed public hearing on
August 8, 2006, to consider the
recommendation of the
Planning Commission to
approve adding large day spa
facilities as a conditionally per -
miffed use in the C-2 and C-3
zones and to add the definition
of large day spa in Chapter
17.04, at which testimony and
evidence, both written and
oral, was presented to and
considered by the Council.
SECTION 3. The subject
text amendment is exempt
from the requirements of the
California Environmental
Quality Act (CEQA), pursuant
to the general rule set forth in
Section 15061(3) of the CEQA
Guidelines, as there is no pos-
sibility that these modifications
to the zoning ordinance may
have a significant effect on the
environment.
SECTION 4. Based on the
evidence considered at the
public hearing and the recom-
mendation of the Planning
Commission the City Council
hereby ordains that Hermosa
Beach Municipal Code, Title
17 -Zoning, Chapter 17.04,
Section 17.04.050 be amend-
ed to add the following to com-
mercial land use definitions:
1. "Large Day Spa. An
establishment that consists
of more than 3,000 square
feet of gross floor area, that
offers a combination of non-
medical personal services
that may include hair, nail
and skin care treatment or
other services typically
found in a beauty shop, and
also massage therapy and
similar treatment of the
human body, and may also
include spa tubs, pools,
steam rooms, saunas or
other related accessory
facilities and uses. If mas-
sage therapy occupies
more than 25% of the gross
floor area of the establish-
ment the business shall be
subject to requirements of
massage therapy business
pursuant to Chapter 5.74 of
the Municipal Code"
SECTION 5. Amend the
land use matrix under Chapter
17.26, Land Use Regulations,
to add the conditional use of
Large Day Spa (Conditional
Use Permit required) in C-2
and C-3 zones.
.SECTION 6. This ordi-
nance shall become effective
and be in full force and effect
from and after thirty (30) days
of its final passage and adop-
tion.
SECTION 7. Prior to the
expiration of fifteen (15) days
after the date of its adoption,
the City Clerk shall cause this
ordinance to be published in
the Easy Reader, a weekly
newspaper of general circula-
bon published and circulated,
in the City of Hermosa Beach
in the manner provided by law.
SECTION S. The City Clerk
shall certify to the passage and
adoption of this ordinance shall
enter the same in the book of
original ordinances of said city,
and shall make minutes of the
passage and adoption thereof
in the records of the proceed-
ings of the City Council at
which the same is passed and
adopted.
PASSED, APPROVED and
ADOPTED this 12th of
September 2006 by the
following vote:
AYES: Bobko, Edgerton,
Keegan, Reviczky,
Mayor Tucker
NOES: None
ABSENT: None
ABSTAIN: None
Sam Y. Edgerton
PRESIDENT of the City
Council and MAYOR of the
City of Hermosa Beach,
California
ATTEST:
Elaine Doerfling
City Clerk
APPROVED AS TO FORM:
Michael Jenkins_
City Attorney
Easy Readerinc/Redondo
Beach Hometown News/
September 21, 2006/
HC06-032
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ORDINANCE NO. 06-1273
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
REGARDING GRAFFITI REMOVAL AND AMENDING THE HERMOSA
BEACH MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Title 9 of the Hermosa Beach Municipal Code is amended by adding thereto
a new Chapter 9.36 to read as follows:
Chapter 9.36
Graffiti Removal
9.36.010 Short title.
This chapter of the Hermosa Beach Municipal Code may be referred to as the "Graffiti
Removal Ordinance" of the City.
9.36.020 Purpose.
The purpose of this chapter is to provide for the prompt abatement of graffiti from public
and private properties in the city and to regulate the sale of materials used in acts of graffiti to
minors.
9.36.030 Definitions.
For the purpose of this chapter, unless otherwise apparent from the context, certain words
and phrases used in this chapter are defined as follows:
"Defacement" means the intentional altering of the physical shape or physical appearance
of property without prior consent of the owner of the property.
"Graffiti" means any painting, marking, symbol, design, inscription or other defacement
which is written, sprayed, painted, scratched, etched, engraved, or placed without the prior
consent of the owner or person in possession thereof.
"Responsible adult" is a parent or guardian of an individual under eighteen (18) years of
age and includes an agent of the parent or guardian, provided the agent is over the age of eighteen
(18).
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"Wide blade marker" means any marker, pen or similar implement which contains a fluid
which is not soluble in water, or which cannot be removed with water after drying, and has a flat,
pointed or angled writing surface of a width of four millimeters or greater.
9.36.040 Declaration of graffiti as a public nuisance.
The City Council finds and declares that appearance of graffiti on public and private
properties within public view is obnoxious and constitutes a public nuisance, the abatement of
which shall be provided as set forth herein.
9.36.050 Permitting graffiti to remain prohibited.
No person shall permit any graffiti that may be viewed from the public right-of-way or
other public property to remain on any building, structure, tree, shrub, sidewalk or curb owned or
possessed by such person.
9.36.060 Notice to owners or possessors of private property.
Whenever the City Manager, or his or her designee, determines that graffiti is being
maintained upon the premises within the City in violation of Section 9.36.050 of this chapter, the
City Manager, or his or her designee, shall send written notice to the owner or possessor of the
premises of such condition and shall require that the graffiti be removed. The notice and order
shall be sent to the owner as shown on the most recent equalized assessment roll and a copy shall
be posted on the subject property. The notice shall state that the owner must remove the graffiti or
consent to its removal by the city within fourteen (14) days from the date the notice was mailed.
9.36.070 Removal by City with owner consent.
Whenever the City Manager, or his or her designee, determines that graffiti is located on
public or private property so that graffiti may be viewed by a person using any public right-of-way
or other public property, the City Manager, or his or her designee, is authorized to provide for and
use public funds, if necessary, to remove graffiti by City crews or contractor upon the following
conditions:
A. Public Property. Whenever the City Manager or his or her designee determines that
graffiti exists upon property owned by the city, it shall be removed as soon as possible. When the
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property is owned by a public entity other than the City, the removal of the graffiti is authorized
after securing written consent of the public agency having jurisdiction over the property.
Private Property. Where the subject property is privately owned, the removal of graffiti is
authorized after the City Manager, or his or her designee, secures the written consent of the owner
of the property and the owner executes a release and waiver approved as to form by the City
Attorney.
9.36.080 Removal by City without owner consent.
A. The City Manager may initiate proceedings to abate any graffiti maintained
contrary to the provisions of this chapter without the consent of the owner only after the following
has occurred:
1, The City Manager has determined that graffiti within public view exists on
particular premises in the city;
2. A notice of such condition has been sent to the property owner pursuant to
Section 9.36.060; and
3 The property owner has failed to either remove the graffiti or consent to its
removal by the City within the time period specified in the notice.
B. Prior to the City abating graffiti on private property without the consent of the
owner, a hearing shall be conducted by the City Manager or his or her designee serving as hearing
officer, at which time the property owner shall be given an opportunity to be heard regarding the
proposed abatement. A notice of the time, place and subject of the hearing before the City
Manager or his or her designee shall not less than ten (10) days prior to the hearing be sent
personally or by 'first class United States mail to the owner's address as shown on the latest
equalized tax assessment roll of the affected premises and shall be conspicuously posted on the
affected premises. Proof of posting and serving of such notice shall be made by declaration under
penalty of perjury filed with the hearing officer, The failure of any person to receive the notice
shall not affect the validity of any proceedings under this chapter,
C. At the hearing, the hearing officer shall receive and consider all relevant evidence.
Any interested person shall be given a reasonable opportunity to be heard in conjunction
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therewith. Based upon the evidence so presented, the City Manager shall determine whether a
nuisance within the meaning of this chapter exists and whether an abatement is appropriate.
D. Within ten (10) days after the hearing, the City Manager, or his or her designee,
shall give written notice of the decision to the owner and to any other person requesting the same
personally or by first class United States mail, postage paid. If a nuisance is determined to exist
and abatement is determined to be appropriate, the notice shall contain an order of abatement
directed to the owner of the affected property or the person in the control and/or charge of the
property, and shall set forth the nature of the graffiti, its location on the premises and the
maximum number of days, time and manner for its abatement. The City Manager may impose
such conditions as are reasonably necessary to abate the graffiti. The decision of the City Manager
may be appealed to the City Council by the fling of a written request for appeal with the City
Clerk within ten (10) days after the City Manager's notice of the decision to the owner. In the
event of an appeal, the decision of the City Council shall be final.
E. If the City Manager's decision is not appealed and the nuisance is not abated
within the time set by the order of abatement, the City Manager, or his or her designee, is
authorized to enter upon the premises and to abate the graffiti nuisance through utilization of
labor, equipment and materials as directed by the City Manager. The graffiti shall be removed as
authorized herein, but the removal shall not involve the painting or repair of a more extensive area
0
than is necessary for such removal. The City Manager shall then prepare a statement of the fact of
such abatement and of the expense incurred in abatement and shall file the statement with the City
Clerk. Such statement shall identify the premises including more than one lot, each separate lot, or
all of the lots may be set forth in the same statement.
F. Upon completion of the work required to abate the graffiti, the cost to the City to
perform such work shall be assessed against the property owner pursuant to the procedures set
forth in Section 8.28.080 of this code.
9.36.090 Signs required.
Any person doing business in the City displaying, selling or otherwise providing any of the
substances referred to in Section 9.36.090 shall prominently display at the location of sale and/or
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delivery a sign(s) clearly visible to employees and customers which states in writing, in both
English and Spanish, "It is unlawful for any person to sell, lend, or give to any individual under
the age of eighteen (18) years, aerosol spray paint cans or wide blade markers."
1 9.36.100 Posting on City property.
The City Manager or his or her designee is hereby authorized to post a notice at appropriate
locations indicating that pursuant to California Penal Code Section 594.1 no person shall carry any
aerosol can of paint or wide blade marker into or upon any city -owned building, grounds, park or
other City facility without the permission of an authorized City officer.
9.36.110 Reward.
The City may pay to any person who provides information which leads to arrest and
conviction of any person who applies graffiti to any public or private property in the City visible
to the public a reward as established by City Council resolution. The amount of any reward paid
pursuant to this section may be sought from the person arrested and convicted as restitution in
addition to any other restitution associated with the removal of graffiti.
9.36.120 Remedies cumulative.
The remedies provided in this chapter are in addition to other remedies and penalties
available under the Hermosa Beach Municipal Code and the laws of the State of California,
including but not limited to California Civil Code Section 1714. 1, California Penal Code Section
594 et seq. and California Vehicle Code Section 13202.6.
SECTION 2. This Ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 3. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
SECTION 4. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original ordinances of said city, and shall make minutes of the
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passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 10th of October 2006 by the following vote:
AYES: Bobko, Keegan, Reviczky, Tucker, Mayor Edgerton
NOES: None
ABSENT- None
ABSTAIN: None
PRESID
ATTEST-
City Clerk
City`Counci
MAYC(k of the 06 -of Hermosa Beach, California
6
APPROVED AS TO FORM:
06-1273
STATE OF CALIFORNIA
• COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 06-1273 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 10th of October 2006, and said
ordinance will be published in the Easy Reader newspaper on October 19, 2006.
The vote was as follows:
AYES: Bobko, Keegan, Reviczky, Tucker, Mayor Edgerton
• NOES: None
ABSENT: None
ABSTAIN: None
DATED: October 24, 2006
0
•
Is
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
easyreader@easyreader.info
PROOF OF PUBLICATION
(2015.5C.C.P)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
October 19
ALL IN THE YEAR 2006
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 19th day of October, 2006'
Beverly Mrse, incl daYCrerk
Proof of Publication of:
CITY OF HERMOSA BEACH
Ord 06-1273
HD06-033
F --
i
j�ww.os
City of
�o 8 Hermosa Beach
I
,moo,
ORDINANCE NO. 06-1273
AN ORDINANCE OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, REGARDING GRAFFITI
REMOVAL AND AMENDING THE HERMOSA BEACH
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Tale 9 of the Hermosa Beach Municipal Code is
amended by adding thereto a new Chapter 9.36 to read as follows:
Chapter 9.36
Graffiti Removal
9.36.010 Short title.
This chapter of the Hermosa Beach Municipal Code may be
referred to as the "Graffiti Removal Ordinance" of the City.
9.36.020 Purpose.
The purpose of this chapter is to provide for the prompt abate-
ment of graffli from public and private properties in the city and to
regulate the sale of materials used in acts of graffiti to minors.
9.36.030 Definitions.
For the purpose of this chapter, unless otherwise apparent from
the context, certain words and phrases used in this chapter are
defined as follows:
"Defacement"means the intentional altering of the physical shape
or physical appearance of property without prior consent of the
owner of the property.
"Graffiti" means any painting, marking, symbol, design, inscription
or other defacement which is written, sprayed, painted, scratched,
etched, engraved, or placed without the prior consent of the owner
or person in possession thereof.
"Responsible adult"is a parent or guardian of an individual under
eighteen (18) years of age and includes an agent of the parent or
guardian, provided the agent is over the age of eighteen (18).
"Wide blade marker" means any marker, pen or similar implement
which contains a fluid which is not soluble in water, or which cannot
be removed with water after drying, and has a flat, pointed or angled
writing surface of a width of four millimeters or greater.
9.36.040 Declaration of graffiti as a public nuisance.
The City Council finds and declares that appearance of graffiti on
public and private properties within public view is obnoxious and
constitutes a public nuisance, the abatement of which shall be pro-
vided as set forth herein.
9.36.050 Permitting graffiti to remain prohibited.
No person shall permit any graffiti that may be viewed from the
public right-of-way or other public property to remain on any building,
structure, tree, shrub, sidewalk or curb owned or possessed by such
9 36.060 Notice to owners or possessors of private property.
Whenever the City Manager, or his or her designee, determines
that graffiti is being maintained upon the premises within the City in
violation of Section 9.36.050 of this chapter, the City Manager, or his
or her designee, shall send written notice to the owner or possessor
of the premises of such condition and shall require that the graffiti be
removed. The notice and order shall be sent to the owner as shown
on the most recent equalized assessment roll and a copy shall be
posted on the subject property. The notice shall state that the owner
must remove the graffiti or consent to its removal by the city within
fourteen (14) days from the date the notice was mailed.
9.36.070 Removal by City with owner consent
Whenever the City Manager, or his or her designee, determines
that graffiti is located on public or private property so that graffiti may
be viewed by a person using any public right-of-way or other public
property, the City Manager, or his or her designee, is authorized to
provide for and use public funds, if necessary, to remove graffiti by
City crews or contractor upon the following conditions:
A. Public Property. Whenever the City Manager or his or
her designee determines that graffiti exists upon property owned by
the city, it shall be removed as soon as possible. When the property
is owned by a public entity other than the City, the removal of the
graffiti is authorized after securing written consent of the pudic
agency having jurisdiction over the property.
Private Property. Where the subject property is privately owned,
the removal of graffiti is authorized after the City Manager, or his or
her designee, secures the written consent of the owner of the prop-
erty and the owner executes a release and waiver approved as to
form by the City Attorney.
9.36.080 Removal by City without owner consent
A. The Cfty Manager may initiate proceedings to abate any graf-
fiti maintained contrary to the provisions of this chapter without the
consent of the owner only after the following has occurred:
1'. The City Manager has determined that graffiti within
public view exists on particular premises in the city;
2. A notice of such condition has been sent to the
property owner pursuant to Section 9.36.060; and
3 The property owner has failed to either remove the
graffiti or consent to its removal,by the City within °
the time period specked in the notice.
B. Prior to the City abating graffiti on private property without the
consent of the owner, a hearing shall be conducted by the City
Manager or his or her designee serving as hearing officer, at which
time the property owner shall be given an opportunity to tie heard
regarding the proposed abatement. A notice of the time, place and
subject of the hearing before the City Manager or his or her designee
shall not less than ten (10) days prior to the hearing be sent person-
ally or by first class United States mail to the owner's address as
shown on the latest equalized tax assessment roll of the affected
premises and shall be conspicuously posted on the affected premis-
es. Proof of posting and serving of such notice shall be made by
declaration under penalty of perjury filed with the hearing officer. The
failure 6f any person to receive the notice shall not affect the validity
of any proceedings under this chapter.
C. At the hearing, the hearing officer shall
receive and consider all relevant evidence. Any interested person
shall be given a reasonable opportunity to be heard in conjunction
therewith. Based upon the evidence so presented, the City Manager
shall determine whether a nuisance within the meaning of this chap-
ter exists and whether an abatement is appropriate.
D. Within ten (10) days after the hearing, the
City Manager, or his or her designee, shall give written notice of the
decision to the owner and to any other person requesting the same
personally or by first class United States mail, postage paid. If a nui-
sance is determin ist arxf-abatement is determined to be
appropriate, the notice shall contain an.order of abatement directed
to the owner of the affected property or the person in the control
and/or charge of the property, and shall set forth the nature of the
graffiti, its location on the premises and the maximum number of
days, time and manner for its abatement. The City Manager may
impose such conditions as are reasonably necessary to abate the
graffiti.The decision of the City Manager may be appealed to the City
Council by the filing of a written request for appeal with the City Clerk
within ten (10) days after the City Manager's notice of the decision to
the owner. In the event of an appeal, the decision of the City Council
shall be final.
E. If the City Manager's decision is not appealed and the nui-
sance is not abated within the time set by the order of abatement,
the City Manager, or his or her designee, is authorized to enter upon
the premises and to abate the graffiti nuisance through utilization of
labor, equipment and materials as directed by the City Manager. The
graffiti shall be removed as authorized herein, but the removal shall
not involve the painting or repair of'a more extensive area than is
necessary for such removal. The City Manager shall then prepare a
statement of the fact of such abatement and of the expense incurred
in abatement and shall file the statement with the City Clerk. Such
statement shall identify the premises including more than one lot,
each separate lot, or all of the lots may be set forth in the same state-
ment.
F. Upon completion of the work required to abate the graffiti, the
cost to the City to perform such work shall be assessed against the
property owner pursuant to the procedures set forth in Section
8.28.080 of this code.
9.36.090 Signs required.
Any person doing business in the City displaying, selling or oth-
erwise providing any of the substances referred to in Section
9.36.090 shall prominently display at the location of sale and/or deliv-
ery a, sign(s) clearly visible to employees and customers which
states in writing, in both English and Spanish, "It is unlawful for any
person to sell, lend, or give to any individual under the age of eigh-
teen (18) years, aerosol spray paint cans or wide blade markers"
9.36.100 Posting on City properly.
The City Manager or his or her designee is hereby authorized to
post a notice at appropriate locations indicating that pursuant to
Calffomfa Penal Code Section 594.1 no person shall carry any
aerosol can of paint or wide blade marker into or upon any city -
owned building, grounds, park or other City facility without the per-
mission of an authorized City officer.
9.36.110 Reward.
The City may pay to any person who provides information which
leads to arrest and conviction of any person who applies graffiti to
any public or private property in the City visible to the public a reward
as established by City Council resolution. The amount of any reward
paid pursuant to this section may be sought from the person arrest-
ed and convicted as restitution in addition to any other resfitubon
associated with the removal of graffiti.
9.36.120 Remedies cumulative.
The remedies provided in this chapter are in addition to other
remedies and penalties available under the Hermosa Beach
Municipal Code and the laws of the State of California, including but
not limited to California Civil Code Section 1714.1, California Penal
Code Section 594 et seq. and California Vehicle Code Section
13202.6.
SECTION 2, This Ordinance shall become effective and be in full
force and effect from and after thirty (30) days of its final passage
and adoption.
SECTION 3. Prior to the expiration of fifteen (15) days after the
date of its adoption, the City Clerk shall cause this Ordinance to be
published in the Easy Reader, a weekly newspaper of general cir-
culation published and circulated, in the City of Hermosa Beach in
the manner provided by law.
SECTION 4. The City Clerk shall certify to the passage and
a,.iontion of this Ordinance, shall enter the same in the book of orig-
inal Oran -ancpc of said city, and shall make minutes of the passage
and adoption therry in the records of the proceedings of the City
Council at which the same is passed and adopted.
PASSED, APPROVED and ADoPTED this 10th of October 2006
by the following vote:
AYES: Bobko, Keegan, Reviczky, Tucker, Mayor=dgerton
NOES: None
ABSENT: None
ABSTAIN: None
Sam YEdge, iaa
PRESIDENT of the City Council and MAYOR of the Cay of
Hermosa Beach, California
ATTEST:
City Clerk Elaine Doerfiing
APPROVED AS TO FORM:
Michael Jenkins
City Attorney
Easy Reader Inc/Redondo Beach Hometown News!
October 19, 2006/HD06-M
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ORDINANCE NO. 06-1274
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING PROCEDURAL PROVISIONS OF THE TRANSIENT
OCCUPANCY TAX ORDINANCE AND AMENDING CHAPTER 3.32 OF. THE
HERMOSA BEACH MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Section 3.32.110 of Chapter 3.32, Title 3 of the Hermosa Beach Municipal
Code is amended to read:
"It shall be the duty of every operator liable for the collection and payment to the city
any tax imposed by this chapter to keep and preserve, for a period of four years, all records as may
be necessary to determine the amount of such tax as the operator may have been liable for the
collection and payment of to the city, which records the Tax Administrator shall have the right to
inspect at all reasonable times."
SECTION 2. Section 3.32.125 is added to Chapter 3.32, Title 3 of the Hermosa Beach
Municipal Code to read:
3.32.125 Change of Ownership- Tax Clearance Certificate
A. Pursuant to Revenue and Taxation Code Section 7283.5, and as that section may
from time to time be amended, a purchaser, transferee, or other person attempting to obtain
ownership of a transient occupancy facility, may request in writing from the Tax Administrator the
issuance of a tax clearance certificate stating the amount of tax and any accrued penalties and
interest due and owing, if any,
B. The Tax Administrator shall, within ninety days of the receipt of the written request
for a tax clearance certificate issue the tax clearance certificate, or may conduct an audit of the
subject transient occupancy facility. Any such audit must be completed within ninety days after the
date the records of the subject transient occupancy facility have been made available to the Tax
Administrator and.a tax clearance certificate issued within thirty days of the completion of
the audit.
06-1274
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C. If following an audit the Tax Administrator determines that the current operator's
records are insufficient to assess the amount of tax due and owing, the Tax Administrator shall,
within thirty days of making that determination, notify the prospective purchaser, transferee or
other person that a tax clearance certificate will not be issued.
D. If the Tax Administrator does not comply with the request for a tax clearance
certificate, the purchaser, transferee or other person that obtains ownership of the transient
occupancy facility shall not be liable for any transient occupancy tax obligation incurred prior to
the date of the purchase or transfer of the property.
E. The tax clearance certificate shall state the following:
1 The amount of tax, interest and penalties then due and owing;
2. The period of time for which the tax clearance certificate is valid; and
3. That the purchaser, transferee, or other person may rely upon the tax
clearance certificate as conclusive evidence of the tax liability associated
with the property as of the date specified on the certificate.
F. Any purchaser, transferee, or other person who does not obtain a tax clearance
certificate under this section, or who obtains a tax clearance certificate that indicates that tax is due
and owing and fails to withhold, for the benefit of the county, sufficient funds in the escrow
account for the purchase of the property to satisfy the transient tax liability, shall be held liable
the amount of tax due and owing.
G. The fee for issuance of a tax clearance certificate shall be established by resolution
of the City Council.
SECTION 3. This ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 4. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
Fj
06-1274
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SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance,
shall enter the same in the book of original ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 10th day of October 2006 by the
following vote:
AYES:
Bobko, Keegan, Reviczky, Tucker, Mayor Edgerton
NOES:
None
ABSENT-
None
ABSTAIN:
None
PRESID
ATTEST -
City Clerk
of phe City Council an&1VIAYOR oTthe City of Hermosa Beach, California
3
APPROVED AS TO FORM:
06-1274 1
• STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 06-1274 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 10th of October 2006, and said
ordinance will be published in the Easy Reader newspaper on October 19, 2006.
The vote was as follows:
• AYES: Bobko, Keegan, Reviczky, Tucker, Mayor Edgerton
NOES: None
ABSENT- None
ABSTAIN: None
DATED: October 24, 2006
City Clerk
0
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
easyreader@easyreader. info
PROOF OF PUBLICATION
(2015.5C.C.P)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
• newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
October 19
ALL IN THE YEAR 2006
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 19th day of October, 2006
. Beverly rse, Pri cipa Clerk
Proof of Publication of-
CITY
f
CITY OF HERMOSA BEACH
Ord 06-1274
HD06-034
r,aMo.
City
Hermosa Beach
ORDINANCE NO. 06-1274
AN ORDINANCE OFTHE CRY OF HERMOSA BEACH,
CALIFORNIA, AMENDING PROCEDURAL PROVI-
SIONS OF THE TRANSIENT OCCUPANCY TAX ORM
NANCE AND AMENDING CHAPTER 3.32 OF THE
HERMOSA BEACH MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 3.32.110 of Chapter 3.32, Title 3 of the
Hermosa Beach Municipal Code is amended to read:
"It shall be the duty of every operator liable for the collection and
payment to the city of any tax imposed by this chapter to keep and pre-
serve, for a period of four years, all records as may be necessary to
determine the amount of such tax as the operator may have been
liable for the collection and payment of to the city, which records the
I Tax Administrator shall have the right to inspect at all reasonable
times.'
SECTION 2. Section 3.32.125 is added to Chapter 3.32, Title 3 of
the Hermosa Beach Municipal Code to read:
3.32.125 Change of Ownership—Tax Clearance Certificate
A. Pursuant to Revenue and Taxation Code Section 7283.5, and
as that section may from time to time be amended, a pur-
chaser, transferee, or other person attempting to obtain own-
ership of a transient occupancy facility, may request in writing
from the Tax Administrator the issuance of a tax clearance cer-
tificate stating the amount of tax and any accrued penalties
and interest due and owing, if any.
B. The Tax Administrator shall, within ninety days of the receipt of
the written request for a tax clearance certificate issue the tax
clearance certificate, or may conduct an audit of the subject
transient occupancy facility. Any such audit must be completed
within ninety days after the date the records of the subject tran-
sient occupancy facility have been made available to the Tax
Administrator and a tax clearance certificate issued within thir-
ty days of the completion of the audit.
C. If following an audit the Tax Administrator determines that the
current operator's records are insufficient to assess the amount
of tax due and owing, the Tax Administrator shall, within thirty
days of making that determination, notify the prospective pur-
chaser, tramferee or other person that a tax clearance certify
cate will not be issued.
D. If ft Tax Administrator does not comply with the request for a
tax clearance certificate, the purchaser, transferee or other per-
son that obtains ownership of the transient occupancy facility
shall not be liable for any transient occupancy tax obligation
incurred prior to the date of the purchase or transfer of the
property.
E. The tax clearance certificate shall state the following:
1. The amount of tax, interest and penalties then due and
owing;
2. The period of fime for which the tax clearance certificate
is valid; and
3. That the purchaser, transferee, or other person may rely
upon the tax clearance certificate as condusive evidence
of the tax liability associated with the property as of the
date specified on the certificate.
F. Any purchaser, transferee, or other person who does not obtain
a tax clearance certificate under this section, or who obtains a
tax clearance certificate that indicates that tax is due and owing
and fails to withhold, for the benefit of the county, sufficient funds
in the escrow account for the purchase of the property to satis-
fy the transient tax liability shall be held liable for the amount of
tax due and owing.
G. The fee for issuance of a tax clearance certificate shall be estab-
lished by resolution of the City Council.
SECTION 3. The City Clerk shall certify to the passage and adop-
tion
do -
tan of this ordinance, shall enter the same in the book of original ordi-
nances of said city, and shall make minutes of ft passage and adop-
lion thereof in ft records of the proceedings of the City Council at
which the same is passed and adopted.
PASSED, APPROVED and ADOPTED this loth of October 2006
by the following vote:
AYES: Bobko, Keegan, Reviczky, Tucker, Mayor Edgerton
NOES: None
ABSENT: None
ABSTAIN: None
Sam Y. Edoerton
PRESIDENT of the City Council and MAYOR of ft City of
Hermosa Beach, California
ATTEST:
Elaine Doerfling
City Clerk
APPROVED AS TO FORM:
Michael Jenkins
City Attorney
Easy Reader Inc/Redondo Beady Hometown News/
OoOdber 19, 2006/HD06-034
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ORDINANCE NO. 06-1275
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
ADJUSTING COMPENSATION FOR CITY COUNCIL MEMBERS AND
AMENDING THE HERMOSA BEACH MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Findings.
a. Municipal Code Section 2.72.040 establishes compensation for City
Councilmembers in the amount allowed by California Government Code Section
36516.
b. Council compensation was last adjusted in 1986, and has since that date remained
at $300 per month.
C. In accordance with subparagraph (c) of Section 36516, the Council may adjust
compensation by up to five percent (5%) for each calendar year since the operative
date of the last adjustment.
d. The increase in compensation provided for in this Ordinance, to take effect in
November, 2007 following the City's next general municipal election pursuant to
California Government Code Section 36516.5, represents an adjustment of less
than five percent (5%) from April 1986 through November 2007.
SECTION 2. Section 2.72.040 of Title 2, Chapter 2.72 of the Hermosa Beach Municipal
Code is amended to read as follows:
2.72.040 Compensation of City Council.
In accordance with Section 36516 of the Government Code of the State of California, the
amount of compensation for each member of the City Council shall be $530.
SECTION 3. The increased compensation provided for by Section 2 of this Ordinance
shall first be paid for the pay period first following the date that councilmembers elected in the
November, 2007, election are sworn into office.
06-1275 1
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SECTION 4. This ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 5. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
SECTION 6. The City Clerk shall certify to the passage and adoption of this ordinance,
shall enter the same in the book of original ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 24th of October 2006 by the following vote:
AYES: Bobko, Keegan, Reviczky,
NOES: Mayo dgerton
ABSENT- Tu e
ABSTAIN: o A
I ATTEST:
City Clerk
F S,��
of the City Council
YOR of
2
ty of Hermosa Beach, California
VED AS
FORM:
06-1275 1
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 06-1275 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 24th of October 2006, and said
ordinance will be published in the Easy Reader newspaper on November 2, 2006.
The vote was as follows:
AYES: Bobko, Keegan, Reviczky
NOES: Mayor Edgerton
ABSENT- Tucker
ABSTAIN: None
DATED: November 14, 2006
City Clerk
11
•
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
easyreader@easyreader.info
PROOF OF PUBLICATION
(2015.5C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
November 2
ALL IN THE YEAR 2006
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 2"d day of November, 2006
• Beverly Morse, 'nci I Cl&k
Proof of Publication of:
CITY OF HERMOSA BEACH
Ord 06-1275
HC06-03611 �f•aMo.�
j o r
o,
�I
City of
Hermosa Beach
ORDINANCE
NO. 06-1275
AN ORDINANCE OF
THE CITY OF
HERMOSA BEACH,
CALIFORNIA,
ADJUSTING
COMPENSATION FOR
CITY COUNCIL
MEMBERS AND
AMENDING THE
HERMOSA BEACH
MUNICIPAL CODE
THE CITY COUNCIL OF
THE CITY OF HERMOSA
BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Findinas.
a. Municipal Code Section
2.72.040 establishes
compensation for City
Councilmembers in the
amount allowed by
California Government
Code Section 36516.
b. Council compensation
was last adjusted in 1986,
and has since that date
remained at $300 per
month.
c. In accordance with su
paragraph (c) of Section
36516, the Council may
adjust compensation by up
to five percent (5%) for
each calendar year since
the operative date of the
last adjustment.
d. The increase in
compensation provided
for in this Ordinance, to
take effect in November,
2007 following the City's
next general municipal
election pursuant to
California Government
Code Section 36516.5,
represents an adjustment
of less than five percent
(5%) from April 1986
through November 2007.
SECTION 2. Section
2.72.040 of Title 2, Chapter
2.72 of the Hermosa Beach
Municipal Code is amended to
read as follows:
2.72.040 Compensation of
City Council.
In accordance with Section
36516 of the Government
Code of the State of California,
the amount of compensation
for each member of the City
Council shall be $530.
SECTION 3. The increased
compensation provided for by
Section 2 of this Ordinance
shall first be paid for the pay
period first following the date
that councilmembers elected in
the November, 2007, election
are sworn into office.
SECTION 4. This ordinance
shall become effective and be
in full force and effect from and
after thirty (30) days of its final
passage and adoption.
SECTION 5. Prior to the
expiration of fifteen (15) days
after the date of its adoption,
the City Clerk shall cause this
ordinance to be published in
the Easy Reader, a weekly
newspaper of general circula-
tion published and circulated,
in the City of Hermosa Beach
in the manner provided by law.
SECTION 6. The City Clerk
shall certify to the passage and
adoption of this ordinance,
shall enter the same in the
book of original ordinances of
said city, and shall make min-
utes of the passage and adop-
tion thereof in the records of
the proceedings of the City
Council at which the same is
passed and adopted.
PASSED, APPROVED and
ADOPTED this 24th of
October 2006 by the following
vote:
AYES: Bobko, Keegan,
Reviczky,
NOES: Mayor Edgerton
ABSENT: Tucker
ABSTAIN: None
n
PRESIDENT of the City
Council and MAYOR of the City
of Hermosa Beach, California
ATTEST: Elaine Doerfling
City Clerk
APPROVED AS TO FORM:
Michael Jenkins
City Attorney
Easy ReaderInc/Redondo
Beach Hometown News/
November 2, 2006/HC06-036
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ORDINANCE 06-1276
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING THE HERMOSA BEACH MUNICIPAL CODE, TITLE 17 —
ZONING, PERTAINING TO RECONSTRUCTION OF NONCONFORMING
BUILDINGS
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. The Planning Commission held a duly noticed public hearing on October 17,
2006, and recommended amending the Zoning Ordinance with respect to reconstruction
nonconforming buildings.
SECTION 2. The City Council held a duly noticed public hearing on November 28, 2006, to
consider the recommendation of the Planning Commission to amend the Municipal Code pertaining to
reconstruction of nonconforming buildings.
SECTION 3. The subject text amendment is exempt from the requirements of the
California Environmental Quality Act (CEQA), pursuant to the general rule set forth in Section
15061(3) of the CEQA Guidelines, as there is no possibility that the proposed modifications to the
text may have a significant effect on the environment.
SECTION 4. The City Council finds that the amendments to the Zoning Ordinance
herein are consistent with the Hermosa Beach General Plan in that the proposed amendments modify
and clarify the provisions that pertain to the reconstruction of nonconforming buildings, which will
allow reconstruction of damaged buildings in order to preserve the existing character of
neighborhoods, consistent with the policies of the Land Use Element.
SECTION 5. Hermosa Beach Municipal Code; Title 17 -Zoning; Chapter 17.52,
Nonconforming Buildings and Uses; Section 17.52.070 is hereby amended to read as follows:
17.52. 070 Reconstruction of a damaged nonconforming building.
A. Residential buildings
A nonconforming residential building damaged by fire, explosion or other casualty or act
of God, or the public enemy, may be restored to its pre -damaged condition and the occupancy or
use of such building or part thereof which existed at the time of such destruction may be continued
0
06-1276
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as long as the cause of the destruction is not intentionally perpetrated by the owner and provided
that:
1, The rebuilt structure conforms as closely as possible to current parking and other
zoning standards (such as setbacks);
2. There is no increase in any nonconformity;
3. The density of the buildings or buildings on site does not exceed forty-five (45)
units per acre;
4. The height of the building or buildings does not exceed twenty (20) percent more
than permitted by the zone in which it is located;
5. The basic structural features, setbacks, floor area, and room sizes can be duplicated
in compliance with current building and safety codes;
Should the restoration deviate in any respect from the pre -damaged condition of the
building, any such deviation shall conform in all respects with the current requirements of this
title.
B. Commercial/Industrial Buildings
A nonconforming commercial or industrial building located in the commercial or
manufacturing zones damaged by fire, explosion or other casualty or act of God, or the public
enemy, may be restored to its pre -damaged condition and the occupancy or use of such building or
part thereof which existed at the time of such destruction may be continued as long as the cause of
the destruction is not intentionally perpetrated by the owner and provided that:
1, The rebuilt structure does not exceed the` gross floor area and footprint of the
building prior to damage or destruction;
2. There is no increase in the occupant load of the building or of any nonconforming
condition;
3. The damaged building can be duplicated to its pre -damaged condition in
compliance with current building and safety codes;
4. Reconstruction includes installation of a fully code complying fire sprinkler system.
2
06-1276
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Should the restoration deviate in any respect from the pre -damaged condition of the
building, any such deviation shall conform in all respects with the current requirements of this
title.
C. If damage to structures is so widespread throughout the city due to a major emergency
(such as an earthquake or citywide fire) that the City Council or other government authority
declares a state of emergency, this section will be superseded by any action of the City Council
taken at that time in regards to reconstruction of damaged buildings.
SECTION 6. This ordinance shall become effective and be in full force and effect from and
after thirty (30) days of its final passage and adoption.
SECTION 7. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
SECTION 8. The City Clerk shall certify to the passage and adoption of this ordinance,
shall enter the same in the book of original ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 12th day of December 2006, by the
following vote:
AYES: Bobko, Keegan, Rev'czky, Tucker, Mayor Edgerton
NOES: None
ABSTAIN: None
ABSENT- None /J
PRESIDENT of .the CiCoun it
ATTEST -
City Clerk
and MAYOR of the City of Hermosa Beach, California
3
06-1276
• STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 06-1276 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 12th of December 2006, and said
ordinance will be published in the Easy Reader newspaper on December 21, 2006.
The vote was as follows:
AYES: Bobko, Keegan, Reviczky, Tucker, Mayor Edgerton
NOES: None
ABSENT- None
ABSTAIN: None
DATED: January 9, 2007
City Clerk
0
•
•
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
easyreader@easyreader.info
PROOF OF PUBLICATION
(2015.5C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,'
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
I
December 28
ALL IN THE YEAR 2006
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 28`h day of December, 2006
• Beverly Morse, r'n 'pal fr
Proof of Publication of.
CITY OF HERMOSA BEACH
Ordinance 06-1276
HC06-038
i
SECTION -5. Hermosa
Beach Municipal Code; Title
eaMo
17 -Zoning; Chapter 17.52,
c
Nonconforming Buildings and
Uses; Section 17.52.070 is
'o
g
herebyamended to read as
r°
follow:
17.52. 070
Reconstruction of a damaged
City of
nonconforming building.
A. Residential buildings
Hermosa Beach
A nonconforming residen-
tial building damaged by fire,
explosion or other casualty or
ORDINANCE 06-1276
act of God, or the public
enemy, may be restored to its
AN ORDINANCE OF CITY
COUNCIL OF THE CITY OF
pre -damaged condition and
the occupancy or use of such
HERMOSA BEACH, CALI.
building or part thereof which
FORNIA, AMENDING THE
existed at the time of such
HERMOSA BEACH MUNICI-
PAL CODE, TITLE
destruction may be continued
ij as long as the cause of the
17 -
ZONING, PERTAINING TO
destruction is not intentionally
RECONSTRUCTION OF
perpetrated by the owner and
NONCONFORMING BUILD-
INGS
provided that:
1. The rebuilt -structure
conforms as closely as
I t t
THE CITY COUNCIL OF
THE CITY OF HERMOSA
BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. The Planning
Commission held a duly
noticed public hearing on
October 17, 2006, and recom-
mended amending the Zoning
Ordinance with respect to
reconstruction of nonconform-
ing buildings.
SECTION 2. The ,City
Council held a duly noticed
public hearing on November
28, 2006, to consider the rec-
ommendation of the Planning
Commission to amend the
Municipal Code pertaining to
reconstruction of nonconform-
ing buildings.
SECTION 3. The subject
text amendment is exempt
from the requirements of the
California Environmental
Quality Act (CEQA), pursuant
to the general rule set forth in
Section 15061(3) of the
CEQA Guidelines, as there is
no possibility that the pro-
posed modifications to the
text may have a significant
effect on the environment.
SECTION 4. The City
Council finds that the amend-
ments to the Zoning
Ordinance contained herein
are consistent with the
Hermosa Beach General Plan
in that the proposed amend-
ments modify and clarify the
provisions that pertain to the
reconstruction of nonconform-
ing buildings, which will allow
reconstruction of damaged
buildings in order to preserve
the existing character of
neighborhoods, consistent
with the policies of the Land
possib e o curren
parking and other zon-
ing standards (such as
setbacks);
2. There is no increase in
any nonconformity;
3. The density of the
buildings or buildings
on site does not
exceed forty-five (45)
units per acre;
4. The height of the build-
ing or buildings does
not exceed twenty (20)
percent more than per-
mitted by the zone in
which it is located;
5. The basic structural
features, setbacks,
floor area, and room
sizes can be duplicated
in compliance with cur-
rent building and safety
codes;
Should the restoration
deviate in any respect from
the pre -damaged condition of
the building, any such devia-
tion shall conform in all
respects with the current
requirements of this title.
B. Commercial/Industrial
Buildings
A nonconforming commer-
cial or industrial building
located in the commercial or
manufacturing zones dam- !
aged by fire, explosion or
other casualty or act of God, j
or the public enemy, may be l
restored to its pre -damaged
condition and the occupancy
or use of such building or
part thereof which existed at
the time of such destruction
may be continued as long as
the cause of the destruction
is not intentionally perpetrat-
ed by the owner and provided
i. ine rebuilt structure
does not exceed the
gross floor area and
footprint of the building
prior to damage or
destruction;
2. There is no increase in
the occupant load of the
building or of any non-
conforming condition;
3. The damaged building
can be duplicated to its
pre -damaged condition
in compliance with cur-
rent building and safety
codes; --- j
4. Reconstruction includes
installation of a fully I
code complying fire
sprinkler system.
Should the restoration
deviate in any respect from
the pre -damaged condition of j
the building, any such devia-
tion shall conform in all
respects with the current
requirements of this title.
C. If damage to structures
is so widespread throughout
the city due to a major emer-
gency (such as an earth-
quake or citywide fire) that
the city council or other gov-
ernment authority declares a
state of emergency, this sec-
tion will be superseded by
any action of the city council J
taken at that time in regards
to reconstruction of damaged
buildings.
SECTION 6. This ordi-
nance shall become effective
and be in full force and effect
from and after thirty (30) days
of its final passage and adop-
tion.
SECTION 7. Prior to the
expiration of fifteen (15) days
after the date of its adoption,
the City Clerk shall cause this
ordinance to be published in
the Easy Reader, a weekly
newspaper of general circu-
lation published and circulat-
ed, in the City of Hermosa
Beach in the manner provid-
ed by law.
SECTION 8. The City
Clerk shall certify to the pas-
sage and adoption of this
ordinance, shall enter the
same in the book of original
ordinances of said city, and
shall make minutes of the
passage and adoption there-
of in the -records -of the pro-
ceedings of the City Council
at which the same is passed
and adopted.
PASSED, APPROVED
and ADOPTED this 12th day i
of December 2006, by the fol-
lowing vote:
AYES: Bobko, Keegan,
Reviczky, Tucker,
Mayor Edgerton
NOES: None
ABSTAIN: None
ABSENT: None
Sam Y.
Edgerton_
PRESIDENT of the City
Council and MAYOR of the
City of Hermosa Beach,
California
ATTEST:
Elaine
Doerfling_
City Clerk
APPROVED AS TO FORM:
Michael
Jenkins
City Attorney
Easy Readerinc/Redondo
Beach Hometown News/
December 28, 2006/
HC06-038
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ORDINANCE NO. 07-1277
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
ESTABLISHING AN EMERGENCY PREPAREDNESS ADVISORY
COMMISSION AND AMENDING THE HERMOSA BEACH MUNICIPAL
CODE
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Title 2 of the Hermosa Beach Municipal Code is amended by adding
thereto a new Chapter 2.38 to read as follows:
Chapter 2.38 Emergency Preparedness Advisory Commission
2.38.010 Emergency Preparedness Advisory Commission created;
An Emergency Preparedness Advisory Commission is hereby created and established. It
shall be known as the "Hermosa Beach Emergency Preparedness Advisory Commission."
2.38.020 Composition; Appointment of Members; Terms of Members; Vacancies
The Emergency Preparedness Commission shall be composed of five residents of the City
appointed by the City Council for a term of four years. Members shall not be employees of the
City. Members serve at the pleasure of the City Council and may be removed, at any time and
without cause by a majority vote of the Council. Upon expiration of a term, members shall
continue to serve until a successor is appointed and qualified.
If a vacancy shall occur other than by expiration of a term, the vacancy shall be advertised
as required by state law and the Council shall fill the vacancy for the unexpired portion of the
term.
In the event that a member is absent from more than two regularly scheduled meetings of
the Commission within a calendar quarter, or from more than four regularly scheduled meetings
within a calendar year, the City Clerk shall report the member's attendance record to the City
Council. The City Council shall consider whether to remove the member, giving consideration to
the reasons for the absences and the member's continued willingness to serve.
07-1277 1
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12.38.030
Internal Organization of Commission
The members of the Commission shall annually elect by majority vote one of its members
to serve as chair and another of its members as vice -chair, The chair and vice -chair shall serve
until a successor is elected. There is no limit on the number of consecutive terms a member may
serve as chair or vice -chair, The chair, and in the absence of the chair, the vice -chair, shall
preside over and be responsible for the orderly conduct of the meetings of the Commission.
The Commission shall establish a regular meeting schedule that provides for not less than
one regular meeting per month. The Commission shall adopt such rules and procedures as it
deems necessary to govern the conduct of its meetings. A majority of the Commission shall
constitute a quorum for the conduct of business. The meetings of the Commission shall in all
respects be governed by the Brown Act, Government Code Section 54950 et seq.
The City Manager shall assign a City employee to staff the Commission, which
performance of which function shall include preparation and posting of agendas, preparing staff
reports, maintaining the records of the Commission and taking minutes of Commission meetings.
2.38.040 Duties and Responsibilities of the Commission.
The duties and responsibilities of the Commission shall be as follows, in addition to such
others as the City Council may from time to time prescribe:
A. Provide advice and make recommendations to the City Council relative to
preparedness of the City government and the City's populace to respond swiftly and responsibly
to emergencies in order to save life and minimize loss of property.
B. Prepare for City Council approval an up-to-date emergency preparedness plan.
C. Keep abreast of federal and state laws, regulations and policies pertaining to
emergency response.
D. Assist the City Council in promoting and communicating emergency preparedness
to the community.
E. Assist in coordinating neighborhood volunteers for emergency response.
F, Assist in the preparation of grant applications for the purpose of enhancing,
diversifying and expanding sources of emergency preparedness revenues.
2
07-1277
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SECTION 2. This ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 3. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance,
shall enter the same in the book of original ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 27th of February 2007 by the following vote:
AYES: Bobko Keegan, Tucker, Mayor Edgerton
NOES:
ABSENT- �'czky
ABSTAIN:
ATTEST -
City Clerk
01
of the City Council and MAYOR of the City of Hermosa Beach, California
3
APPROVED AS TO FORM:
07-1277
STATE OF CALIFORNIA
• COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 07-1277 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 27th day of February, 2007, and
said Ordinance was published in the Easy Reader newspaper on March 8, 2007.
The vote was as follows:
• AYES: Bobko, Keegan, Tucker, Mayor Edgerton
NOES: None
ABSENT: Reviczky
ABSTAIN- None
DATED: March 13, 2007
City Clerk
A
•
•
•
�eww. os
ORDINANCE NO. 07-1277
City of
Hermosa Beach
AN ORDINANCE OF THE CRY OF HERMOSA BEACH,
CALIFORNIA, ESTABLISHING AN EMERGENCY PRE-
PAREDNESS ADVISORY COMMISSION AND AMENDING
THE HERMOSA BEACH MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Title 2 of the Hermosa Beach Municipal Code is
amended by adding thereto a new Chapter 2.38 to read as follows:
Chapter 2.38 Emergency Preparedness Advisory Commission
2.38.010 Emergency Preparedness Advisory
Commission created;
An Emergency Preparedness Advisory Commission is hereby cre- i
ated and established. It shall be known as the "Hermosa Beach
Emergency Preparedness Advisory Commission."
2.38.020 Composition; Appointment of Members;
Tema of Members; Vacancies
The Emergency Preparedness Commission shall be composed of .
M residents of the City appointed by the City Council for a term of
four years. Members shall not be employees of the City. Members
serve at the pleasure of the City Council and may be removed at any
time and without cause by a majority vote of the Council. Upon expi-
ration of a term, members shall continue to serve until a successor is
appointed and qualified.
If a vacancy shall occur other than by expiration of a term, the
vacancy shall be advertised as required by state law and the Cound
shall fill the vacancy for the unexpired portion of the term.
In the event that a member is absent from more than two regular- i
ly scheduled meetings of the Commission within a calendar quarter,
or from more than tour regularly scheduled meetings within a calen-
dar year, the City Clerk shall report the member's attendance record i
to the City Council. The City Council shall consider whether to remove
the member, giving consideration to the reasons for the absences and
the member's continued willingness to serve.
2.38.030 Internal Organization of Commission.
The members of the Commission shall annually elect by majority
vote one of its members to serve as chair and another of its members
as vice -chair. The chair and vice -chair shaft serve until a successor is
elected. There is no limit on the number of consecutive terms a mem-
ber may serve as chair or vice -chair. The chair, and in the absence of
the chair, the vice -chair, shall preside over and be responsible for the
orderly conduct of the meetings of the Commission.
The Commission shall establish a regular meeting schedule that
provides for not less than one regular meeting per month. The j
Commission shall adopt such rules and procedures as it deems nec-
essary to govern the conduct of its meetings. A majority of the
Commission shall constitute a quorum for the conduct of business.
The meetings of the Commission shall in all respects be governed by
the Brown Act, Government Code Section 54950 et seq.
The City Manager shall assign a City employee to staff the
Commission, which performance of which function shall include
preparation and posting of agendas, preparing staff reports, main-
taining the records of the Commission and taking minutes of
Commission meetings.
2.38.040 Duties and Responsibilities of the Commission.
The duties and responsibilities of the Commission shall be as fol-
lows, in addition to such others as the City Council may from time to
time prescribe:
A. Provide advice and make recommendations to the City Council
relative to preparedness of the City government and the City's popu-
lace to respond swittly and responsibly to emergencies in order to
save life and minimize loss of property.
B. Prepare for City Council approval an up-to-date emergency pre-
paredness plan.
C. Keep abreast of federal and state laws, regulations and policies
pertaining to emergency response.
D. -Assist the City Council in promoting and communicating emer-
gency preparedness to the community.
E. Assist in coordinating neighborhood volunteers for emergency
response.
F. Assist in the preparation of grant applications for the purpose of
enhancing, diversifying and expanding sources of emergency pre-
parednessrevenues.
SECTION . This ordinance shall become effective and be in full
force and effect from and after thirty (30) days of its final passage and
adoption.
SECTION 3. Prior to the expiration of fifteen (15) days after the
date of its adoption, the City Clerk shall cause this ordinance to be
published in the Easy Reader, a weekly newspaper of general circu-
lation published and circulated, in the City of Hermosa Beach in the
manner provided by law.
SECTION 4. The City Clerk shall certify to the passage and adop--
4 tion of this ordinance, shall enter the same in the book of original ordi-
nances of said city, and shall make minutes of the passage and adop-
tion
dgrtion thereof in the records of the proceedings of the City Council at
which the same is passed and adopted.
PASSED, APPROVED and ADOPTED this 27th of February 2007
by the folkrwing vote:
AYES: Bobko, Keegan, Tucker, and Mayor Edgerton
NOES: None
ABSENT: Reviczky
ABSTAIN: None
PRESIDENT of the City Council and MAYOR of the City of
Hermosa Beach, Califomia
ATTEST; APPROVED AS TO FORM:
Elaine Doerfiing- _Michael Jenkins_
City Clerk City Attorney
I
Easy Reader Inc/Redondo Beach Hometown News/
March 8, 2007/HC07-002
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2s
ORDINANCE NO. 07-1278
LED
o�
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO
AMEND THE ZONING ORDINANCE SECTION 17.44.040 TO EXEMPT PIER
PLAZA BUILDING SITES FROM PROVIDING A PERCENTAGE OF PARKING
SPACES ON SITE WHEN IN -LIEU PARKING FEES ARE PAID
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The Planning Commission held a duly noticed public hearing on February 20,
2007 to consider amending the Zoning Ordinance, Section 17.44.040, regarding allowances for on-
site parking when payment of parking in -lieu fees are provided rather than providing parking on site
in the downtown district, and recommended amending said section to exempt building sites on Pier
Plaza from the requirement to provide 25% of required parking on site for projects exceeding a 1:I
floor area to lot area ratio.
SECTION 2. The City Council held a duly noticed public hearing on February 27, 2007, to
consider the recommendation of the Planning Commission to amend the Zoning Ordinance Section
17.44.040.
SECTION 3. The subject text amendment is exempt from the requirements of the
California Environmental Quality Act (CEQA), pursuant to the general rule set forth in Section
15061(3) of the CEQA Guidelines, as there is no possibility that these modifications to the zoning
ordinance may have a significant effect on the environment.
SECTION 4. Based on the foregoing, the City Council hereby ordains that the Hermosa I
Beach Municipal Code Subsection 17.44.040-E of Title 17 of the Hermosa Beach Municipal Code,
pertaining to parking in -lieu fees in the downtown district be amended as follows:
"E. Parking in -lieu fees. When the City Council provides for contributions to an
improvement fund for a vehicle parking district in -lieu of parking spaces so required, said in -lieu
fee contributions shall be considered to satisfy the requirements of this chapter.
1, The Director of the Community Development Department shall be
responsible for the calculations required under this chapter and shall
calculate and collect the in -lieu contribution.
1
07-1278 1
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2. The following allowances through in -lieu fee contributions for parking may
be allowed with a parking plan as approved by the Planning Commission
and as prescribed in Section 17.44.210:
a. Building sites with a ratio of building floor area to building site of
one-to-one or less may pay an "in -lieu" fee for all required spaces.
b. Building sites where buildings will exceed a one-to-one gross floor
area to building site area ratio shall be required to provide a
minimum of twenty-five (25) percent of the required parking on-
site, except for sites on Pier Plaza west of Hermosa Avenue."
SECTION 5. This Ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 6. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
SECTION 7. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 13th of March 2007 by the following vote:
AYES:
Keegan, Reviczky, Tucker, Mayor Edgerton
NOES:
Bobko
ABSENT-
No
ABSTAIN:
Whaz
ATTEST -
City Clerk
'Y
of the City Counil0 31A
'OR o11e City of Hermosa Beach, California
,TO FORM:
2
07-1278
• STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 06-1278 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 13th of March 2007, and said
ordinance was published in the Easy Reader newspaper on March 22, 2007
The vote was as follows:
• AYES: Keegan, Reviczky, Tucker, Mayor Edgerton
NOES: Bobko
ABSENT- None
ABSTAIN; None
DATED: March 27, 2007
City Clerk
CJ
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Phi 310 372-4611 Fax: 310 318-6292
easyreader@easyreader.info
PROOF OF PUBLICATION
(2015.5C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
• newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
March 22
ALL IN THE YEAR 2007
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 22nd day of March, 2007
• Beverly Mors Pr cipa Clerk
Proof of Publication of:
CITY OF HERMOSA BEACH
--
ORD# 07-1278 atS, City of
g f' Hermosa Beach
HC07-004
NO. 07-1278
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALI-
FORNIA, TO AMEND THE ZONING ORDINANCE SECTION
17.44.040 TO EXEMPT PIER PLAZA BUILDING SITES FROM
PROVIDING A PERCENTAGE OF PARKING SPACES ON SITE
WHEN IN -LIEU PARKING FEES ARE PAID
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The Planning Commission held a duly noticed pub-
lic hearing'on February 20, 2007 to consider amending the Zoning
Ordinance, Section 17.44.040, regarding allowances for on-site
parking when payment of parking in -lieu fees are provided rather
than providing parking on site in the downtown district, and recom-
mended amending said section to exempt building sites on Pier
Plaza from the requirement to provide 25% of required parking on
site for projects exceeding a 1:1 floor area to lot area ratio.
SECTION 2. The City Council held a duty noticed public hearing
on February 27, 2007, to consider the recommendation of the
Planning Commission to amend the Zoning Ordinance Section
17.44.040.
SECTION 3. The subject text amendment is exempt from the
requirements of the California Environmental Quality Act (CEQA),
pursuant to the general rule set forth in Section 15061(3) of the
CEQA Guidelines, as there is no possibility that these modifications
to the zoning ordinance may have a significant effect on the envi-
ronment.
SECTION 4. Based on the foregoing, the City Council hereby
ordains that the Hermosa Beach Municipal Code Subsection
17.44.040-E of Title 17 of the Hermosa Beach Municipal Code, per-
taining to parking in -lieu fees in'the downtown district be amended
as follows:
"E. Parking in -lieu fees. When the City Council provides for
contributions to an improvement fund for a vehicle parking district in -
lieu of parking spaces so required, said in -lieu fee contributions shall
be considered to satisfy the requirements of this chapter.
1. The Director of the Community Development
Department shall be responsible for the calculations
required under this chapter and shall calculate and col-
lect the in -lieu contribution.
2. The following allowances through in -lieu fee contribu-
tions for parking may be allowed with a parking plan as
approved by the Planning Commission and as pre-
scribed in Section 17.44.210:
a. Building sites with a ratio of building floor area to
building site of one-to-one or less may pay an "in -
lieu" fee for all required spaces.
b. Building sites where buildings will exceed a one-
to-one gross floor area to building site area ratio
shall be required to provide a minimum of twenty-
five (25) percent of the required parking on-site,
except for sites on Pier Plaza west of Hermosa
Avenue"
SECTION 5. This Ordinance shall become effective and be in full
iforce and effect from and after thirty (30) days of its final passage
and adoption.
SECTION 6. Prior to the expiration of fifteen (15) days after the
date of its adoption, the City Clerk shall cause this Ordinance to be
published in the Easy Reader, a weekly newspaper of_genersi sir---,
culation published and circulated, in the City of Hermosa Beach in
the manner provided by law.
SECTION 7. The City Clerk shall certify to the passage and adop
tion of this Ordinance, shall enter the same in the book of original
Ordinances of said city, and shall make minutes of the passage and
adoption thereof in the records of the proceedings of the City Council
at which the same is passed and adopted.
PASSED, APPROVED and ADOPTED this 13th of March 2007
by the following vote:
AYES: Keegan, Ticker, Reviczky, Mayor Edgerton
NOES: Bobko
ABSENT. None
ABSTAIN: None
Sam Y. Edgerton —
PRESIDENT of the City Council and MAYOR of the City of
Hermosa Beach, California
ATTEST: APPROVED AS TO FORM:
Elaine Doerfling Michael Jenkins_
City clerk City Attorney
Easy Reader IrK/RedondoBeach �0 -004
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ORDINANCE NO. 07-1279U
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
PURSUANT TO GOVERNMENT CODE SECTION 65858, EXTENDING
ORDINANCE NO. 1265U WHICH ESTABLISHED A MORATORIUM
PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA
DISPENSARIES AND DECLARING THE URGENCY THEREOF.
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Moratorium extended. Ordinance No. 06-1265U, adopted April 25, 2006,
which was extended to April 7, 2007 pursuant to Ordinance No. 06-1268U, is hereby extended for
an additional 12 months to April 7, 2008.
SECTION 2. Penalties. Violation of any provision of this Ordinance shall constitute a
misdemeanor and shall be punishable by a fine not to exceed $1,000 or by imprisonment in County
jail for not to exceed six (6) months, or by both such fine and imprisonment. Each and every day
such a violation exists shall constitute a separate and distinct violation of this Ordinance. In
addition to the foregoing, any violation of this Ordinance shall constitute a public nuisance and
shall be subject to abatement as provided by all applicable provisions of law.
SECTION 3. Severability. If any part or provision of this Ordinance or the application to
any person or circumstance is held invalid, the remainder of this Ordinance, including the
application of such part of provision to other persons or circumstances, shall not be affected and
shall continue in full force and effect. To this end, the provisions of this Ordinance are severable.
SECTION 4. Purpose and findings; Urgency. Currently medical marijuana dispensaries
are considered to be a permitted use of property in the commercial zones under the City's zoning
ordinance. There has been a proliferation of medical marijuana dispensaries throughout the region
with some in close proximity to residentially zoned properties and sensitive uses such as day care
center. Other cities with medical marijuana dispensaries have reported an increase in loitering
around dispensaries, an incident of armed burglary within a dispensary, parking and traffic
violations, and increased complaints from neighbors about increased pedestrian and vehicular
traffic and noise. City staff believes that it is necessary to formulate regulations, consistent with
State law, governing the location and operation of: medical marijuana dispensaries in order to
protect residents and businesses from harmful secondary effects of these establishments. Because
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of the recent proliferation of such establishments in other cities and the potential harmful effects
such proliferation in Hermosa Beach and the uncertainties created by the recent litigation and
evolution of case law regarding such facilities, additional time will be required to prepare and
adopt those regulations. Therefore, this Ordinance is intended to extend an interim moratorium on
the establishment of any new medical marijuana dispensaries as of the date of adoption hereof,
until new regulations are prepared and adopted by the City Council. Based on the foregoing, the
recent proliferation of medical marijuana dispensaries in the region and the secondary effects of
those dispensaries pose a current and immediate threat to the public health, safety and welfare.
This Ordinance is necessary to alleviate and address that threat until permanent zoning regulations
can be established.
This Ordinance is adopted pursuant to California Government Code Section 65858 and shall take
effect immediately upon adoption by a four -fifth's vote of the City Council. This Ordinance shall
be in full force and effect for one full year from April 7, 2007 to April 7, 2008.
SECTION 5. Conflicting Laws. For the term of this Ordinance, or any extension thereof,
the provisions of this Ordinance shall govern over any conflicting provisions of any other City
code, ordinance, resolution or policy.
SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 27'h day of February, 2007 by the following vote:
AYES:
NOES:
ABSENT•
ABSTAIN:
ATTEST•
n „
City Clerk
Bobko, Keegan, Tucker, Mayor Edgerton
1_--T/ O -I'/ / . / ---
of
of the City Council and MAYOR of the City of H
E
ASTOF
Beach, California
07-1279U
STATE OF CALIFORNIA
• COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 07-1279U was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 27th day of February, 2007
The vote was as follows:
AYES: Bobko, Keegan, Tucker, Mayor Edgerton
NOES: None
• ABSENT- Reviczk
y
ABSTAIN: None
DATED: March 13, 2007
0
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ORDINANCE NO. 07-1280
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING THE SUBDIVISION ORDINANCE PERTAINING TO
MERGER OF PARCELS (CHAPTER 16.20) AND AMENDING THE
HERMOSA BEACH MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. The Planning Commission held duly noticed public hearings on January 16,
and February 20, 2007, to consider amendments to the Municipal Code pertaining to the merger of
parcels.
SECTION 2. The City Council held a duly noticed public hearing on February 27, 2007, to
consider the recommendation of the Planning Commission to amend the Municipal Code pertaining
to the merger of parcels.
SECTION 3. The subject text amendment is exempt from the requirements of the
California Environmental Quality Act (CEQA), pursuant to the general rule set forth in Section
15061(3) of the CEQA Guidelines, as there is no possibility that the proposed modifications to the
text may have a significant effect on the environment.
SECTION 4. The City Council finds that the amendments to the Subdivision Ordinance
contained herein are consistent with the Hermosa Beach General Plan in that the proposed
amendments modify and clarify the provisions that pertain to the merger of parcels, which will
continue to preserve the existing character of neighborhoods, consistent with the policies of the Land
Use Element.
SECTION 5. The Municipal Code is hereby amended as follows:
1, Amend of Title 17, Chapter 17.04 of the Hermosa Beach Municipal Code to delete
the following sections:
a. Section 17.04.040, sub -section 2 under the definition of "block."
b. Section 17.46.2 10
C. Section 17.46.220
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d. Section 17.46.230
2. Amend Section 16.04.0 10 of Title 16, Chapter 16.04 of the Hermosa Beach Municipal
Code to add the following definition in alphabetical order:
"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)."
3. Amend sections 16.20.020 through 16.20.120 of Title 16, Chapter 16.20 to read as
follows:
"16.20. 020 Applicability.
A. The provisions set forth in this chapter for the merger of parcels shall be applicable
to two or more contiguous parcels of land held by the same owner in the R-1 zone where:
1, The parcels were created under the provisions of this code regulating
subdivisions or any prior state law or ordinance regulating the division of
land or were not subject to any prior law regulating the division of land;
2. At least one of the contiguous parcels or units of land does not conform to
standards for minimum parcel size to permit use or development under the
city's zoning and/or subdivision ordinance.
16.20.030 Requirements for merger.
A. Any two or more contiguous parcels or units of land held by the same owner which
are subject to the merger provisions set forth as provided in Section 16.20.020 may be merged if
the following requirements are satisfied:
1, The main structure is partially sited on the contiguous parcels; and
2. The parcels are located in the R-1 zone as designated on the official Zonir
Map of the City; and,
3. With respect to at least one of the affected parcels, one or more of the
following conditions exists:
a. Comprises less than four thousand (4,000) square feet in area at tr
time of the determination of merger;
F�
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b. Was not created in compliance with applicable laws and ordinances i
effect at the time of its creation;
C. Does not meet current standards for sewage disposal and domestic
water supply;
d. Does not meet slope stability standards;
e. Has no legal access which is adequate for vehicular and safety
equipment access and maneuverability;
f. Its development would create health or safety hazards;
g. Is inconsistent with the applicable general plan and any applicable
specific plan, other than minimum lot size or density standards.
B. If the substandard parcels under consideration for merger- i) are similar or greater
in size and width to more than 80% of the separately identified L.A. County Tax Assessor's
parcels fronting on the same block, inclusive of the subject parcel, or ii) consist of not more than
two parcels with a combined square footage of at least 7,000 square feet, then the contiguous
parcels shall not be merged unless, in view of the particular factual circumstances, the integrity of
the neighborhood will be harmed if the parcels are allowed to be separately developed. Where the
subject parcels are located on a block with 5 parcels or less, the 80% analysis will be applied on a
neighborhood rather than a block basis. For purposes of this paragraph, a "neighborhood" is a
grouping of similar uses within the same zoning district bounded by topographical or other
physical features, arterials or collector streets or other characteristics that give it a separate and
distinct identity.
C. The requirements set forth in Subsection A of this Section shall not be applicable if
any of the conditions set forth in Section 66451„11(b)(A) through (E) of the California
Government Code exist.
D. If the merger of parcels results in the creation of a parcel that is at least eight
thousand (8,000) square feet in size, the planning commission and/or city council, with the
consent of the property owner, may process a lot line adjustment to redivide the parcel into
separate parcels that are at least four thousand (4,000) square feet in size. If a merger of three or
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more lots results in the creation of a parcel of at least 7,000 square feet, but less than 8,000 square
feet, the Planning Commission and/or City Council may, in lieu of merger, approve a lot line
adjustment if the resulting lots are larger and fewer in number than the substandard lots and
consistent in size with the lots on the block or within the surrounding neighborhood.
16.20. 040 Determination of ownership.
For purposes of determining whether contiguous parcels or units are held by the same owner,
ownership shall be determined as of the date that notice of intention to determine status is
recorded pursuant to Section 16.20.050.
16.20. 050 Notice of intention to determine status.
Whenever the Director of Community Development has knowledge that real property may be
merged pursuant to the merger provisions of this chapter, he or she shall:
A. Mail by certified mail to the then current record owner of the property a notice of
the City's intention to determine whether the affected parcels should be merged pursuant to this
chapter, Such notice shall state that:
1. The affected parcels may be merged pursuant to the merger provisions of
Sections 16.20.0 10 through 16.20.100, inclusive, of this chapter;
2. A hearing will be conducted before the Planning Commission regarding the
proposed merger, on a date specified in the notice, not less than thirty (30)
days time from the date of the notice; and
3. That the notice of intention to determine status was filed for recording with
the County Recorder's office on the same date such notice was mailed to the
property owner,
B. Record the notice of intention with the County Recorder's office on the same date
that the notice is mailed to the property owner.
16.20.060 Hearing date, fee, presentation of evidence --Planning commission
determination.
A. The hearing shall be conducted on the date specified in the notice of intention, but
may be postponed or continued with the mutual consent of the Planning Commission and the
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property owner. Notice of the hearing shall be given in accordance with Section 17.68.050.B of
this code, requiring notification to all property owners and residents within a 300 -foot radius of
the subject property.
B. At the hearing, the property owner and any other interested party shall be given the
opportunity to present any evidence regarding the affected property's eligibility for merger
pursuant to Sections 16.20.020 and 16.20.030.
C. At the conclusion of the hearing, or at a meeting thereafter, the Planning
Commission shall by Resolution make a determination as to whether the affected parcels are to be
merged. A copy of the Resolution shall be delivered to the owner by certified mail.
16.20.070 Waiver of Hearing
Where the affected parcels cannot be separately developed under the provisions of the Building
Code or because one of the parcels has no legal access to a street or alley the property owner may
elect to waive the hearing provided for in Section 16.20.060 and consent to the merger. Upon
receipt of a written waiver and consent from the property owner, the Director of Community
Development shall record the notice of merger as provided in Section 16.20.090
16.20. 080 Appeal.
A. The property owners or any interested person may appeal a decision of the
Planning Commission under this chapter within ten days of such decision, by filing an appeal with
the City Clerk of the City. No appeal fee is required. The appeal shall be scheduled for hearing
before the City Council within sixty (60) days of the filing of the appeal. Notice of the appeal
shall be provided in Section 17.68.050.B of this code. Upon conclusion of the hearing, the City
Council shall by Resolution make a determination as to whether the affected parcels are to be
merged at a time not later than the next regularly scheduled City Council meeting after the hearing
is held. The City Council may sustain, modify, or reject or overrule any recommendations or
rulings of the Planning Commission and may make such findings as are consistent with the
provisions of this chapter or the state Subdivision Map Act.
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B. All decisions of the Planning Commission regarding the merger or non -merger of
parcels shall be final, unless appealed from as prescribed in this section. In the event of an appeal,
the City Council's decision shall be final.
16.20. 090 Recordation of Decision.
A. If the Planning Commission or City Council on appeal determines that the affected
parcels are merged, the Director of Community Development shall within thirty (30) days of the
adoption of the Resolution by the final decision making body file for record with the County
Recorder's office a notice of merger specifying the names of the record owners and particularly
describing the real property to be merged.
B. If the Planning Commission or City Council on appeal determines that the affected
parcels are not to be merged, the Director of Community Development shall within thirty (30)
days of the adoption of the Resolution by the final decision making body file for record with the
County Recorder's office a release of the notice of intention and a notice of non -merger, The
notices shall specify the names of the record owners and particularly describe the affected real
property. Copies of the notices shall be mailed to the then current owner of record.
16.20. 100 Effect of Non -merger
In the event of a final decision of non -merger, the affected parcels shall no longer be subject to
merger under this chapter.
16.20.110 Development involving contiguous parcels subject to merger.
If a property meets the requirements for lot merger pursuant to this chapter, it shall be prohibited
to separately sell or separate the two or more contiguous lots owned by the same person or legal
entity that are subject to merger unless the property is released and cleared from lot merger
pursuant to Section 16.20.080. No permits for the demolition, construction or addition to the
structure or improvements on the property shall be issued by the Community Development
Department until the lot merger hearing process pursuant to this chapter has been concluded."
SECTION 6. This Ordinance shall become effective and be in full force and effect from and
after thirty (30) days of its final passage and adoption.
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SECTION 7. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
SECTION 8. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 27`" day of March, 2007 by the following vote:
AYES: Bobko, Keegan, Reviczky, Tucker
NOES: None
ABSENT- Edgerton
ABSTAIN:_. None
PRESIDENrof the City Council and
ATTEST:
City Clerk
r
OR of the City of Hermosa Beach, California
7
07-1280
•
0
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 07-1280 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 27th day of March, 2007, and
said Ordinance was published in the Easy Reader newspaper on April 5, 2007
The vote was as follows:
AYES: Bobko, Reviczky, Tucker, Mayor Pro Tempore Keegan
NOES: None
ABSENT- Mayor Edgerton
ABSTAIN: None
DATED: April 10, 2007
1
City Clerk
rr�
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
easyreader@easyreader. info
PROOF OF PUBLICATION
(2015.5C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
April 5
ALL IN THE YEAR 2007
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 5`h day of April, 2007
Ivee
� V
0 Beverly Morse, nc�pal t
er
Proof of Publication of:
CITY OF HERMOSA BEACH
Ordinance -07-1280
HC07-005
r• City of
Hermosa Beach
f ORDINANCE NO. 07-1280
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE
SUBDIVISION ORDINANCE PERTAINING TO MERGER OF PARCELS (CHAPTER 1620)
AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE
THE CITY COUNCIL OFTHE CITY OF HERMOSA BEACH, CALIFORNIA, HEREBY ORDAINS
AS FOLLOWS:
SECTION 1. The Planning Commission held duly noticed public hearings on January 16, and
February 20, 2007, to consider amendments to the Municipal Code pertaining to the merger of parcels.
SECTION 2. The City Council held a duly noticed public hearing on February 27, 2007, to
consider the recommendation of the Planning Commission to amend the Municipal Code pertaining to
the merger of parcels.
SECTION 3. The subject text amendment is exempt from the requirements of the California
Environmental Quality Act (CEQA), pursuant to the general rule set forth in Section 15061(3) of the
CEQA Guidelines, as there is no possibility that the proposed modifications to the text may have a sig-
nificant effect on the environment.
SECTION 4. The City Council finds that the amendments to the Subdivision Ordinance con-
tained herein are consistent with the Hermosa Beach General Plan in that the proposed amendments
modify and clarify the provisions that pertain to the merger of parcels, which will continue to preserve the
existing character of neighborhoods, consistent with the policies of the Land Use Element.
SECTION 5. The Municipal Code is hereby amended as follows:
1. Amend of Title 17, Chapter 17.04 of the Hermosa Beach Municipal Code to delete the
following sections:
a. Section 17.04.010, sub -section 2 under the definition of "block"
b. Section 17.46.210
C. Section 17.46.220
d. Section 17.46.230
2. Amend Section 16.04.010 of Title 16, Chapter 16.04 of the Hermosa Beach Municipal
Code to add the following definition in alphabetical order:
"Block: , Where the need for determination regarding lot merger under Section
16.20.030 occurs, the term "blocW shall mean both sides of a street within the same zoning
district uninterrupted by an intersecting or intercepting street (not including an alley)"
3. Amend sections 16.20.020 through 16.20.120 of Title 16, Chapter 1620 to read as fol-
lows:
"16.20.020 Applicability.
A. The provisions set forth in this chapter for the merger of parcels shall be
applicable to two or more contiguous parcels of land held by the same owner in the
R-1
zone where:
1. The parcels were created under the provisions of this code regulating
subdivisions or any prior state law or ordinance regulating the division of
land or were not subject to any prior law regulating the division of land;
2. At least one of the contiguous parcels or units of land does not conform to
standards for minimum parcel size to permit use or development under the
city's zoning and/or subdivision ordinance.
16.20.030 Requirements for merger.
eequ,'r=nts
A. Any two or more contiguous parcels or units of land held by the same owner which are sub-
ttmerger provisions set forth as provided in Section 16.20.020 may be merged if the following are satisfied:
1. The main structure is partially sited on the contiguous parcels; and
2. The parcels are located in the R-1 zone as designated on the official Zoning
Map of the City; and,
3. With respect to at least one of the affected parcels, one or more of the
following conditions exists:
a Comprises less than four thousand (4,000) square feet in area at the
time of the determination of merger;
b. Was not created in compliance with applicable laws and ordinances in
effect at the time of its creation;
C. Does not meet current standards for sewage disposal and domestic
water supply;
d. Does not meet slope stability standards;
e. Has no legal access which is adequate for vehicular and safety
equipment access and maneuverability;
I. Its development would create health or safety hazards;
g. Is inconsistent with the applicable general plan and any applicable
specific plan, other than minimum lot size or density standards.
B. If the substandard parcels under consideration for merger: i) are similar or greater in size and
width to more than 80% of the separately identified L.A. County Tax Assessor's parcels fronting on the
same block, inclusive of the subject parcel, or ii) consist of not more than two parcels with a combined
square footage of at least 7,000 square feet, then the contiguous parcels shall not be merged unless, in
view of the particular factual circumstances, the integrity of the neighborhood will be harmed if the parcels
are allowed to be separately developed. Where the subject parcels are located on a block with 5 parcels
or less, the 80% analysis will be applied on a neighborhood rather than a block basis. For purposes of
this paragraph, a "neighborhood" is a grouping of similar uses within the same zoning district bounded
by topographical or other physical features, arterials or collector streets or other characteristics that give
it a separate and distinct identity.
C. The requirements set forth in Subsection A of this Section shall not be applicable 4 any of
the conditions set forth in Section 66451.11(b)(A) through (E) of the California Government Code exist.
D. If the merger of parcels results in the creation of a parcel that is at least eight thousand
(8,000) square feet in size, the planning commission and/or city council, with the consent of the proper-
ty owner, may process a lot line adjustment to redivide the parcel into separate parcels that are at least
four thousand (4,000) square feet in size. If a merger of three or more lots results in the creation of a par-
cel of at least 7,000 square feet, but less than 8,000 square feet, the planning commission and/or city
council may, in lieu of merger, approve a lot line adjustment if the resulting lots are larger and fewer in
number than the substandard lots and consistent in size with the lots on the block or within the sur-
rounding neighborhood.
16.20.040 Determination of ownership.
For purposes of determining whether contiguous parcels or units are held by the same owner, own-
ership shall be determined as of the date that notice of intention to determine status is recorded pursuant
to Section 16.20.050.
16.20. 050 Notice of intention to determine status.
? Whenever the director of community development has knowledge that real property may be merged
rsuant to the merger provisions of this chapter, he or she shall:
Mail by certified mail to the then current record owner of the property a notice of the City's
'
_114writion to determine whether the affected parcels should be merged pursuant to this chapter. Such
notice shall state that:
1. The affected parcels may be merged pursuant to the merger
provisions of Sections 16.20.010 through 1620.100, inclusive, of this
chapter;
2. A hearing will be conducted before the planning commission regarding the
proposed merger, on a date specified in the notice, not less than thirty (30)
days time from the date of the notice; and
3. That the notice of intention to determine status was filed for recording with
the county recorder's office on the same date such notice was mailed to the
property owner.
B. Record the notice of intention with the county recorder's office on the same date that the
notice is mailed to the property owner.
16.20.060 Hearing date, fee, presentation of evidence --Planning commission determination.
A. The hearing shall be conducted on the date specified in the notice of intention, but may be
postponed or continued with the mutual consent of the planning commission and the property owner.
Notice of the hearing shall be given in accordance with Section 17.68.050.6 of this code, requiring noti-
fication to all property owners and residents within a 300 -toot radius of the subject property.
B. At the hearing, the property owner and any other interested party shall be given the oppor-
tunity to present any evidence regarding the affected property's eligibility for merger pursuant to Sections
16.20.020 and 16.20.030.
C. At the conclusion of the hearing, or at a meeting thereafter, the planning commission shall
by resolution make a determination as to whether the affected parcels are to be merged. A copy of the
resolution shall be delivered to the owner by certified mail.
16.20.070 Waiver of Hearing
Where the affected parcels cannot be separately developed under the provisions of the Building Code
or because one of the parcels has no legal access to a street or alley the property owner may elect to
waive the hearing provided for in Section 16.20.060 and consent to the merger. Upon receipt of a writ-
ten waiver and consent from the property owner, the director of community development shall record the
notice of merger as provided in Section 16.20.090
16.20. 080 Appeal.
A. The property owners or any interested person may appeal a decision of the planning com-
mission under this chapter within ten days of such decision, by filing an appeal with the city clerk of the
city. No appeal fee is required. The appeal shall be scheduled for hearing before the city council within
sixty (60) days of the filing of the appeal. Notice of the appeal shall be provided in Section 17.68.050.6
of this code. Upon conclusion of the hearing, the city council shall by resolution make a determination as
to whether the affected parcels are to be merged at a time not later than the next regularly scheduled city
council meeting after the hearing is held. The city council may sustain, modify, or reject or overrule any
recommendations or rulings of the planning commission and may make such findings as are consistent
with the provisions of this chapter or the state Subdivision Map Act.
B. All decisions of the planning commission regarding the merger or non -merger of parcels
shall be final, unless appealed from as prescribed in this section. In the event of an appeal, the City
Council's decision shall be final.
16.20.090 Recordation of Decision.
A. If the planning commission or city council on appeal determines that the affected parcels are
merged, the director of community development shall within thirty (30) days of the adoption of the reso-
lution by the final decision making body file for record with the county recorder's office a notice of merg-
er specifying the names of the record owners and particularly describing the real property to be merged.
B. If the planning commission or city council on appeal determines that the affected parcels are
not to be merged, the director of community development shall within thirty (30) days of the adoption of
the resolution by the final decision making body file for record with the county recorder's office a release
of the notice of intention and a notice of non -merger. The notices shall specify the names of the record
owners and particularly describe the affected real property. Copies of the notices shall be mailed to the
then current owner of record.
16.20.100 Effect of Non -merger
In the event of a final decision of non -merger, the affected parcels shall no longer be subject to merg-
er under this chapter.
16.20.110 Development involving contiguous parcels subject to merger.
If a property meets the requirements for lot merger pursuant to this chapter, it shall be prohibited to
separately sell or separate the two or more contiguous lots owned by the same person or legal entity that
are subject to merger unless the property is released and cleared from lot merger pursuant to Section
16.20.080. No permits for the demolition, construction or addition to the structure or improvements on
the property shall be issued by the Community Development Department until the lot merger -hearing
process pursuant to this chapter has been concluded"
SECTION 6. This ordinance shall become effective and be in full force and effect from and after thir-
ty (30) days of its final passage and adoption.
SECTION 7. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk
shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circula-
tion published and circulated, in the City of Hermosa Beach in the manner provided by law.
SECTION 8. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the
same in the book of original ordinances of said city, and shall make minutes of the passage and adop-
tion thereof in the records of the proceedings of the City Council at which the same is passed and adopt-
ed.
PASSED, APPROVED and ADOPTED this 27th 2007 by the following vote:
AYES: Bobko, Keegan, Reviczky, Tucker
NOES: None
ABSENT: Mayor Edgerton
ABSTAIN: None
Sam Y. Edgerton
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California
ATTEST:
APPROVED AS TO FORM:
Elaine Doe fling Michael Jenkins
City Clerrk City Attorney
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ermosa Beach
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ORDINANCE NO. 07-1281
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING THE GENERAL PROVISIONS AND ENFORCEMENT
PROCEDURES OF THE MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS
I FOLLOWS:
SECTION 1. An amendment to the Municipal Code has been prepared in response to the
need to provide administrative enforcement procedures for violations of the Municipal Code
which are deemed minor in nature.
SECTION 2. The code amendment is not subject to environmental review under the
California Environmental Quality Act because it is not classified as a project under CEQA
Guidelines, Sec. 15378.
SECTION 3. On August 14, 2007, the City Council held a duly -noticed public hearing
and considered the proposed code amendment, and the evidence and arguments submitted by the
City staff and all interested parties. A notice of time, place and purpose of the public hearing was
duly given and testimony was presented to and considered by the City Council at the public
hearing.
SECTION 4. The City Council hereby approves the amendment to the Hermosa Beach
Municipal Code set out in Exhibits A and B attached hereto and included herein by reference.
SECTION 5. This ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 6. Pursuant to Government Code § 36933(c)(1), a summary of this ordinance
was published in the Easy Reader, a weekly newspaper of general circulation published and
circulated, in the City of Hermosa Beach at least five days before adoption. Prior to the expiration
of fifteen (15) days after the date of its adoption, the City Clerk shall cause a summary of this
ordinance to be published in the Easy Reader, a weekly newspaper of general circulation
published and circulated in the City of Hermosa Beach in the manner provided by law.
07-1281
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SECTION 7. The City Clerk shall certify to the passage and adoption of this ordinance,
shall enter the same in the book of original ordinances of the City of Hermosa Beach, and shall
make minutes of the passage and adoption thereof in the records of the proceedings of the City
Council as which the same is passed and adopted.
PASSED, APPROVED and ADOPTED this 25th of September 2007 by the following vote:
AYES: Bobko, Reviczky, Tucker, Mayor Keegan
NOES: None
ABSENT- Edgerton
ABSTAIN: None
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California
ATTEST -
City Clerk
t
2
City Attorney
07-1281
•
EXHIBIT A:
AMENDMENT TO TITLE 1 OF MUNICIPAL CODE
0
Title 1
•
General Provisions
Chapters:
1.01 CODE ADOPTION AND GENERAL PROVISIONS
1.04 VIOLATIONS AND PENALTIES
1.08 GENERAL CITATIONS
1.10 ADMINISTRATIVE CITATIONS AND PENALTIES
Chapter 1.01
CODE ADOPTION AND GENERAL PROVISIONS
1.01 010 Adoption of the Hermosa Beach Municipal Code.
That certain document entitled "Code of the City of Hermosa Beach, California", (hereinafter the
"Code" or "Municipal Code"), a copy of which has been filed and is on file in the office of the City
Clerk for public inspection, together with the secondary Codes therein adopted by reference, is
hereby adopted by this reference as the comprehensive ordinance Code for the City of
Hermosa Beach pursuant to the provisions of Article 2 of Chapter 1 of Part 1 of Division 1 of
Title 5 of the Government Code of the State of California, and each and all of the provisions,
terms, and penalties of said Code on file in the office of the City Clerk are hereby referred to,
adopted, incorporated herein and made a part of this ordinance as if fully set forth herein.
• 1.01 020 Short title.
The ordinances embraced in the following chapters and sections shall constitute and be
designated the "Hermosa Beach Municipal Code", the "HBMC", or the "Municipal Code", and
may be so cited.
1.01 030 Provisions considered as continuations of existing ordinances.
The provisions appearing in this Code, so far as they are the same as those of ordinances
existing at the time of the effective date of this Code, shall be considered as continuations
thereof and not as new enactments.
1.01 040 Repeal of certain ordinances and certain ordinances to remain in effect.
All ordinances of the City in force upon the effective date of the Code are hereby repealed
except as follows:
A. Ordinances codified by the Code; and
B. Uncodified ordinances comprising or amending the Zoning Map of the City of Hermosa
Beach, which are listed in the Uncodified Ordinance List on file in the Office of the City
Clerk; and
C. Uncodified ordinances relating to matters of a special or temporary nature, which ordinances
• are listed in the Uncodified Ordinance List on file in the Office of the City Clerk; and
2
• D. Any uncodified ordinance promising or guaranteeing the payment of money or authorizing
the issue of bonds, or any evidence of the City's Indebtedness, or any contract or obligation
assumed by the City; and
E. Any ordinance granting any franchise, license or other right conferred by the City on any
person or corporation, which franchise, license or other right is in effect as of September 10,
1996; and
F Any uncodified administrative ordinance of the City Council not in conflict with the provisions
of the Code; and
G. Any uncodified ordinance relating to the salaries, benefits, and working conditions of City
officers and employees; and
H. Any uncodified ordinance relating to the levy of any tax in effect as of September 10, 1996.
1.01 050 Effect of repeal of ordinances.
The repeal of an ordinance shall not revive any ordinances in force before or at the time the
ordinance repealed took effect. Also, the repeal of an ordinance shall not affect any punishment
or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding
pending at the time of the repeal, for any offense committed under the ordinance repealed.
1.01 060 Superseded ordinances.
All ordinances codified by the Code are superseded to the extent they conflict with the Code.
1.01 070 Savings provisions.
• The repeal herein of any ordinance of the City of Hermosa Beach shall not affect or impair any
act done, or right vested or approved, or any proceeding, suit or prosecution had or commenced
in any cause before such repeal shall take effect; but every such act done, or right vested or
accrued, or proceeding, suit, or prosecution had or commenced shall remain in full force and
effect for all intents and purposes as if the applicable provisions of the ordinance, or part
thereof, so repealed had remained in force and effect. No offense committed and no liability,
penalty, or forfeiture, whether civilly or criminally incurred prior to the time when any such
ordinance, or part thereof, shall be repealed or altered by said Code, shall be discharged or
affected by such repeal or alteration. Prosecutions and suits for such offenses, liabilities,
penalties, or forfeitures shall be instituted and proceeded with in all respects as if such prior
ordinance, or part thereof, had not been repealed or altered.
•
1.01 080 Severability.
If any section, subsection, sentence, clause, phrase or portion of this Municipal Code is for any
reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Code. The
City Council hereby declares that it would have adopted this Code and each section,
subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
1.01 090 Definitions and rules of construction.
3
• In the construction of this Code and of all ordinances of the City, the following rules shall be
observed, unless such construction would be inconsistent with the manifest intent of the city
council or the context clearly requires otherwise:
City. The words "the City" or "this City" shall be construed as if followed by the words "of
Hermosa Beach."
Code. The words "the Code" or "this Code" shall mean the code of the City of Hermosa Beach,
California.
Computation of Time. The time in which any act provided by law is to be done is computed by
excluding the first day and including the last, unless the last day is a holiday and then it is also
excluded.
Council. Whenever the word "Council" is used in this Code, it shall be construed to mean the
City Council of the city of Hermosa Beach.
County. The words "the County" or "this County" shall mean the County of Los Angeles.
Day. A "day" is the period of time between any midnight and the midnight following.
Daytime, Nighttime. "Daytime" is the period of time between sunrise and sunset. "Nighttime" is
the period of time between sunset and sunrise.
• Gender The masculine gender includes the feminine and neuter
In the City. The words "in the City" shall mean and include all territory over which the City now
has, or shall hereafter acquire jurisdiction for the exercise of its police powers or other
regulatory powers.
Month. The word "month" shall mean a calendar month.
Number The singular number includes the plural, and the plural the singular
Oath. "Oath" includes an affirmation.
Officers, Departments, etc. Officers, departments, boards, commissions and employees referred
to in this Code shall mean officers, departments, boards, commissions and employees of the
City of Hermosa Beach, unless the context clearly indicates otherwise.
Official Time. Whenever certain hours are named in this Code, they shall mean Pacific Standard
Time or Daylight Saving Time, as may be in current use in the City.
Or, And. "Or" may be read "and", and "and" may be read "or" if the sense requires it.
Owner The word 'owner", applied to a building or land, shall include any part owner, joint
owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the
• whole or of a part of such building or land.
E
• Person. "Person" includes any person, firm, association, organization, partnership, business
trust, corporation or company.
"Personal property" includes every species of property, except real property, as defined in this
section.
Preceding, Following. The words "preceding" and "following" mean next before and next after,
respectively.
"Process" includes a writ or summons issued in the course of judicial proceedings of either a
civil or criminal nature.
Property. The word "property" shall include real and personal property.
"Real property" shall include lands, tenements and hereditaments.
Shall, May. "Shall" is mandatory and "may" is permissive.
Signature or Subscription by Mark. "Signature" or "subscription" includes a mark when the
signer or subscriber cannot write, such signer's or subscriber's name being written near the
mark by a witness who writes his own name near the signer's or subscriber's name; but, a
signature or subscription by mark can be acknowledged or can serve as a signature or
subscription to a sworn statement only when two witnesses so sign their own names thereto.
• State. The words "the state" or "this state" shall be construed to mean the state of California.
Tenant or Occupant. The words "tenant" or "occupant", applied to a building or land, shall
include any person holding a written or an oral lease of, or who occupies the whole or a part of
such building or land, either alone or with others.
Tenses. The present tense includes the past and future tenses, and the future includes the
present.
Week. A "week" consists of seven consecutive days.
Writing. "Writing" includes any form of recorded message capable of comprehension by ordinary
visual means. Whenever any notice, report, statement or record is required or authorized by this
Code, it shall be made in writing in the English language, unless it is expressly provided
otherwise.
Year The word "year" shall mean a calendar year, except where otherwise provided.
0
• Chapter 1.04
VIOLATIONS AND PENALTIES
1.04. 010 Violations of Code.
No person shall violate any provisions or fail to comply with any of the requirements of this
Code. Violations of this Code are punishable as set forth in this chapter
1.04.020 Misdemeanors.
Any person violating any of the provisions or failing to comply with any of the requirements of
this Code shall be guilty of a misdemeanor unless such violation or failure to comply is
expressly stated by this Code to be an infraction or is subject to a civil administrative penalty
pursuant to chapter 1 10. 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 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. 030 Infractions.
A. Penalties. Any person violating any provision or failing to comply with any mandatory
requirement of this Code expressly stated by this Code to be an infraction shall be guilty of
an infraction. Except as otherwise provided in this Code, any person convicted of an
infraction shall be punishable by:
1 A fine not exceeding one hundred dollars ($100.00) for a first violation;
2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same
provision of the Code within one year;
3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the
same provision of the Code within one year
B. No counsel for infractions at public expense. An infraction is not punishable by
imprisonment. A person charged with an infraction shall not be entitled to have the public
defender or other counsel appointed at public expense to represent him or her unless he or
she is arrested and not released on his or her written promise to appear, on his or her own
recognizance, or on a deposit of bail.
1.04. 040 Reclassification of misdemeanors as infractions.
A violation of any provision of this Code section which is classified as a misdemeanor may be
charged as an infraction when:
1 The prosecutor files a complaint charging the offense as an infraction, unless the
defendant, at the time he or she is arraigned, after being informed of his or her rights,
• elects to have the case proceed as a misdemeanor; or
IN
2. The court, with the consent of the defendant, determines that the offense is an infraction.
' •
In that event, the case shall proceed as if the defendant had been arraigned on an
infraction complaint.
•
1.04. 050 Additional Provisions.
A. Each day a separate offense. Unless otherwise specified, each 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.
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.
7
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1.08. 010 General Citation.
Chapter 1.08
GENERAL CITATIONS
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. 020 Notices to appear --Time.
The time specified in the notice to appear shall be at least ten days after such arrest.
1.08. 030 Notices to appear --Place.
The place specified in the general citation shall be:
The court of the magistrate before whom the person would be taken if the requirement
of arresting and taking the person before a magistrate were complied with; or
2. Before an officer authorized by such court to receive deposit or bail.
1.08. 040 Notices to appear --Promise and release.
The arresting officer shall deliver one copy of the general citation to the arrested person. The
arrested person, in order to secure release, shall give his written promise to appear in court by
signing a duplicate notice which shall be retained by the officer Thereupon, the arresting officer
shall forthwith release from custody the person arrested.
1.08. 050 Warrants for arrest.
When a person signs a written promise to appear at the time and place specified in the written
promise to appear and does not appear or has not posted bail as provided in Section 853.6 of
the Penal Code of the State of California, the magistrate shall issue and have delivered for
execution a warrant for such person's arrest within twenty (20) days after his failure to appear as
promised, or if such person promises to appear before an officer authorized to accept bail, other
than a magistrate, and fails to do so on or before the date which such person promised to
appear, within twenty (20) days after the delivery of such written promise to appear by the
officer to a magistrate having jurisdiction over the offense.
1.08. 060 Violations of promises to appear.
Any person willfully violating his written promise to appear in court shall be guilty of a
misdemeanor regardless of the disposition of the charge upon which he was originally arrested.
C
• 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 general citation procedure established by said
sections in the performance of his enforcement duties.
is
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' • Chapter 1.10
•
ADMINISTRATIVE CITATIONS AND PENALTIES
1 10.010 Administrative citations.
Certain provisions of this Code, specifically designated in this chapter, may be enforced through
the use of administrative citations and penalties as provided for in this chapter. 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.
110.020 Definitions.
For the purposes of this chapter, the following definitions shall apply:
A. Responsible person: A responsible person is any of the following:
1 A person who causes a Code violation to occur
2. A person who maintains or allows a Code violation to continue, by his or her action or
failure to act.
3. A person whose agent, employee, or independent contractor causes a Code violation by
its action or failure to act.
4. A person who is the owner of, and/or a person who is a lessee or sub lessee with the
current right of possession of, real property where a property -related Code violation
occurs.
5. A person who is the on-site manager of a business who normally works daily at the site
when the business is open and is responsible for the activities on such premises.
For the purposes of this definition, "person" includes a natural person or legal entity and the
owners, majority stockholders, corporate officers, trustees, and general partners of a legal
entity.
B. Legal Interest: Any interest that is represented by a deed of trust, quitclaim deed, mortgage,
judgment lien, tax or assessment lien, mechanic's lien or other similar instrument, which is
recorded with the County Recorder
C. Enforcement officer. Any police officer or City employee or agent of the City designated by
the director of any City department who has the authority and responsibility to enforce the
provisions of this Code as provided for herein.
1 10.030 Administrative citations not a waiver of other remedies.
The procedures established in this chapter may be in addition to any criminal, civil or other legal
remedy established by law which may be pursued to address violations of the Municipal Code.
Issuance of an administrative citation shall not be deemed a waiver of any other enforcement
remedies found within this Code.
10
r• 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 1 10:
1 Chapter 5.04: Business Licenses Generally
2. Chapter 6.04: Animals Generally
3. Chapter 8.04: Health Code Adopted
4. Chapter 8.08: Alarm Systems
5. Chapter 8.12: Garbage Collection and Disposal
6. Chapter 8.24: Noise Control
7 Chapter 8.28: Nuisances
8. Chapter 8.32: Rodent Control
9. Chapter 8.40: Smoking
10. Chapter 8.44: Stormwater And Urban Runoff Pollution Control Regulations
11 Chapter 12.16: Encroachments (streets and sidewalks)
12. Chapter 12.32: Newsracks
13. Section 15.04.140: Pedestrian Protection at Building and Demolition Sites
14. Sections 15.16.070 and 16.16.080: Grease Recovery Systems
15. Title 17- Zoning
B. Any person who violates the same provision, or fails to comply with the same requirement,
of the sections of this Code set forth in paragraph A of this section more than three times
within a twelve-month period shall be guilty of a misdemeanor for each violation committed
Go thereafter within that same twelve-month period. Any person who violates or fails to comply
with the sections of this Code set forth in paragraph A of this section and who possesses no
photo identification or .refuses to identify himself/herself to an enforcement officer, making it
impossible to issue an administrative citation, shall be guilty of a misdemeanor
110.050 Fines.
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.
0 1 10.060 Contents of citation.
ft
• Each administrative citation shall contain the following information:
1 Date, approximate time, and address or definite description of the location where the
violation(s) was observed;
2. The Code sections or conditions violated and a description of the violation(s);
3. The amount of the fine for the violation(s);
4. An explanation of how the fine shall be paid and the time period by which it shall be paid;
5. 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;
6. The name and signature of the enforcement officer issuing the citation;
7 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
8. The name and address of the responsible person, and a signature line so that the
responsible person may acknowledge receipt of the citation.
1 10.070 Service of citation.
The following procedures shall be used in serving administrative citations:
1 Personal service. The enforcement officer shall attempt 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 or fails to sign the
administrative citation, the failure or refusal to sign shall not affect the validity of the
• administrative citation or of subsequent proceedings.
2. 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.
3. By Posting on Property. If the enforcement officer is unable to serve the citation under
subsections 1 or 2 preceding, 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
4. 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 citation, the responsible person must do one of the following:
1) Pay the fine. Pay the fine to the City within 30 days from the date of the citation. All fines
assessed shall be payable to the Hermosa Beach Finance Department. Payment of a
12
• fine shall not excuse or discharge a failure to correct continuing violations nor shall it 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 right
to the administrative hearing and appeal process;
2) 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
3) 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 to the
responsible party should the violations persist.
1 10. 090 Appeal of administrative citation.
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
13
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 ten-day period, the request for
hearing shall be deemed incomplete and waived, and the citation 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.
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
Is 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.
•
14
• 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 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.
15
• 1 10. 100 Right to judicial review.
•
C]
Within 20 days after service of the decision of the administrative hearing officer upon the
responsible person, he/she may seek review of the decision by filing a notice of appeal with the
Superior Court. The responsible person shall serve upon the City Clerk either in person or by
first class mail a copy of the notice of appeal. If the responsible person fails to timely file a notice
of appeal, the administrative hearing officer's decision shall be deemed final.
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 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 thereon, 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 abatement date. Filing a misdemeanor action
does not preclude the City from pursuing any other remedies to gain compliance 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.
16
•
0
0
EXHIBIT B:
AMENDMENTS TO SELECTED SECTIONS OF THE
MUNICIPAL CODE
17
• The following Sections of the Hermosa Beach Municipal Code are amended to
read as follows:
5.04. 290 Enforcement of chapter. [Business Licenses]
It shall be the duty of the license collector to enforce each and all of the provisions of this title,
and the chief of police shall render such assistance in the enforcement hereof as may from time
to time be required by the license collector and the city manager The license collector in the
exercise of the duties imposed upon him hereunder, and acting through his deputies or duly
authorized assistants, shall examine all places of business in the city to ascertain whether or not
the provisions of this title have been complied with.
The license collector, his deputies, all police officers, and inspectors of the fire and building
departments are hereby appointed as business license inspectors in addition to their other
duties, and shall have and exercise the power to enter any place of business for which license is
required by this title and to demand the exhibition of the license for the current year by any
person engaged or employed in the transaction of the business and if such person shall then
and there fail to exhibit the license, the licensee shall be liable to the penalty provided in this title
for a violation of this title. It is made the duty of such officers and inspectors to notify the license
collector, in writing, of any person violating any of the provisions of this title. The license
collector may, with the prior consent of the city council, deputize a qualified accountant to
examine the necessary books and records of any person doing business in the city.
5.04. 340 Violations of business license regulations.
It is a violation of this chapter to knowingly make a false statement in any application for a
license or permit or in any report required under this chapter A violation of this chapter is
subject to the administrative penalty provisions of chapter 1 10. Where the violation is of a
continuing nature, each day or portion thereof wherein the violation continues constitutes a
separate and distinct violation.
6.04. 110 Violations of animal regulations.
Violations of this chapter are subject to the administrative penalty provisions of chapter 1 10.
8.04. 060 Violations of health and safety regulations.
A. It shall be unlawful for any person, firm, partnership or corporation to violate any provision or
to fail to comply with any of the requirements of the Chapter, Codes, or Regulations hereby
adopted. Any person, firm, partnership or corporation violating any provision of the Chapter,
Codes or Regulations hereby adopted, or failing to comply with any of their requirements
shall be deemed guilty of a misdemeanor unless the violation is classified as an infraction in
accordance with the provisions of chapter 1.04. Violations of the provisions of this chapter,
whether deemed misdemeanors or infractions, shall be punishable in accordance with the
procedures of chapter 1 10. Each and every person, firm, partnership, or corporation shall
be deemed guilty of a separate offense for each and every day or any portion thereof during
which any violation of any of the provisions of the Chapter, Codes or Regulations hereby
adopted is committed, continued or permitted by such person, firm, partnership or
corporation, and shall be deemed punishable therefore as provided herein.
i
B. Any person, firm, corporation or association violating any of the provisions of Los Angeles
County Code, Title 11, Health and Safety, Division 1, Health Code, and Division 2, General
Hazards, as amended and in effect on September 10, 1996, adopted by reference herein or
violating any provision of any permit, license or exception granted thereunder or failing to
comply with any of the requirements thereof shall be shall be punishable as a misdemeanor
or infraction as provided in chapter 1.04. Each violation is a separate offense for each and
every day during any portion of which such violation is committed, continued, or permitted
by such person.
8.08. 190 Violations of alarm system regulations.
Violations of the provisions of this chapter are subject to the administrative penalty provisions of
chapter 1 10.
8.12. 350 Violations of garbage collection and disposal regulations.
Violations of the provisions of this chapter are subject to the administrative penalty provisions of
chapter 1 10.
8.24. 100 Violations of noise regulations.
Violations of the provisions of this chapter are subject to the administrative penalty provisions of
chapter 1 10.
8.28. 110 Other remedies. [Nuisances]
• Nothing in this chapter shall be deemed to prevent the city council from ordering the city
attorney to commence a civil action to abate a nuisance as an alternative to or in conjunction
with the proceedings herein set forth or to initiate a criminal action against the responsible party
for the maintenance of a nuisance. Further, nothing in this chapter shall be deemed to prevent
the imposition of the administrative penalty provisions of chapter 1 10 as an option to redress
violations of the provisions herein.
8.32. 060 Violations of rodent control regulations.
Violations of the provisions of this chapter are subject to the administrative penalty provisions of
chapter 1 10.
8.40. 050 Violations of smoking regulations.
Violations of the provisions of this chapter are subject to the administrative penalty provisions of
chapter 1 10.
8.44. 110 Violations of stormwater and urban runoff pollution control regulations.
A. Enforcement Procedure.
1 Any condition caused or permitted to exist in violation of:
• a. Any of the provisions of this Chapter; or
19
• b. Any failure to comply with any applicable requirement of either the SUSMP or an
approved Storm Water Mitigation Plan with respect to a property; or
c. Any false certification or verification, or any failure to comply with a certification or
verification provided by a project applicant or the applicant's successor in interest; or
d. Any failure to properly operate and maintain any Structural or Treatment Control
BMP on a property in accordance with an approved Storm Water Mitigation Plan or
the SUSMP,
is hereby determined to be a threat to the public health, safety and welfare, is declared and
deemed a public nuisance, and may be abated or restored by any Authorized Enforcement
Officer, and a civil or criminal action to abate, enjoin or otherwise compel the cessation of
such nuisance may be brought by the City Attorney."
2. For the first failure to comply with any provision contained in this Chapter, the Director of
Public Works shall issue to the violator a written notice which includes the following
information: (i) a description of the violation being committed; (ii) a specified time within
which the violation must be corrected or within which the violator may file a written
response to the Director disputing the existence of a violation; and (iii) a description of
the penalties which may be imposed for continued noncompliance.
3. If the violator demonstrates that the violation does not exist, or has been corrected, no
further action need be taken. If, however, the violation exists and is not corrected within
the prescribed time, the Director of Public Works may thereafter pursue any of the
enforcement remedies described below in this Section.
• B. Violation an Infraction.
Violations of the provisions of this chapter shall constitute an infraction. Each day that a violation
continues shall constitute a separate offense.
C. Violations Deemed a Public Nuisance.
1 Any condition caused or permitted to exist in violation of any of the provisions of this
Chapter is hereby determined to be a threat to the public health, safety and welfare, is
declared and deemed a public nuisance and may be abated or restored by any
authorized enforcement officer, and a civil or criminal action to abate, enjoin or otherwise
compel the cessation of such nuisance may be brought by the City Attorney.
2. The cost of such abatement and restoration shall be borne by the owner of the property
and the cost thereof shall be invoiced to the owner of the property, as provided by law or
ordinance for the recovery of nuisance abatement costs.
3. If any violation of this Chapter constitutes a seasonal and recurrent nuisance, the City
Manager shall so declare. The failure of any person to take appropriate annual
precautions to prevent storm water pollution after written notice of a determination under
this paragraph shall constitute a public nuisance and a violation of this Chapter
D. Concealment.
Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Chapter
• shall constitute a violation of such provision.
20
• E. Civil Actions.
In addition to any other remedies provided in this section, any violation of this Chapter may be
enforced by civil action brought by the City. In any such action, the City may seek, as
appropriate, any or all of the following remedies:
1 A temporary and/or permanent injunction.
2. Assessment of the violator for the costs of any investigation, inspection, or monitoring
survey which led to the establishment of the violation, and for the reasonable costs of
preparing and bringing legal action under this subsection.
3. Costs incurred in removing, correcting, or terminating the adverse effects resulting from
violation.
4. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic
life.
In addition to the preceding measures, violations of the provisions of this chapter are subject to
the administrative penalty provisions of chapter 1 10.
F Administrative Enforcement Powers.
In addition to the other enforcement powers and remedies established by this Chapter, the
authorized enforcement officer has the authority to utilize the following administrative remedies:
1 Cease and Desist Orders. When an authorized enforcement officer finds that a
• discharge has taken place or is likely to take place in violation of this Chapter, the officer
may issue an order to cease and desist such discharge, or practice, or operation likely to
cause such discharge and direct that those persons not complying shall: (i) comply with
the requirement, (ii) comply with a time schedule for compliance, and (iii) take
appropriate remedial or preventive action to prevent the violation from recurring.
2. Notice to Clean. Whenever an authorized enforcement officer finds any oil, earth, debris,
grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any
kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel
of land or grounds, which may result in pollutants entering the MS4 or a non -storm water
discharge to the MS4, he or she may give notice to the owner or occupant of the
adjacent property to remove such oil, earth, debris, grass, weeds, dead trees, tin cans,
rubbish, refuse, waste or other material, in any manner that he or she may reasonably
provide. The recipient of such notice shall undertake the activities as described in the
notice.
G. Permit Revocation.
To the extent the City makes a provision of this Chapter or any identified BMP a condition of
approval to the issuance of a permit or license, any person in violation of such condition is
subject to the permit revocation procedures set forth in this Code.
H. Remedies.
Remedies specified in this Chapter are in addition to and do not supersede or limit any and all
is
other remedies, civil or criminal, including remedies under the Federal Clean Water Act and/or
21
• Porter -Cologne Act. The remedies provided for in this Section shall be cumulative and not
exclusive.
I. Citizen Reporting.
Members of the public are encouraged to report possible violations of this Chapter to the City's
Public Works Department.
12.16. 180 Violations of encroachment regulations --additional remedies.
As an additional remedy, the construction or maintenance of any encroachment in violation of
any provision of this chapter shall be deemed, and is declared to be, a public nuisance and may
be subject to abatement summarily by a restraining order or injunction issued by a court of
competent jurisdiction. In addition, violations of the provisions of this chapter are subject to the
administrative penalty provisions of chapter 1 10.
12.32.020 Permit required for newsracks--application--condition—term--violation.
A. No person may install, use or maintain a newsrack upon a public sidewalk without a written
permit. One permit may include any number of newsracks owned or leased by the permittee.
B. Application for a permit for a newsrack must be made to the director of public works, under
the procedure stated below.
C. A permit may be issued for a newsrack without prior inspection of the location, but the use of
• the newsrack is conditioned upon observance of the requirements of this code.
D. A permit is valid for one year and may be renewed under the procedure for original
applications.
E. Violations of the provisions of this chapter are subject to the administrative penalty provisions
of chapter 1 10
15.04. 030 Violations .
Section 103 of said building code is hereby amended to read as follows:
SECTION 103.
103.1 It shall be unlawful for any person, firm or corporation to erect, construct, enlarge,
alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any
building or structure or cause or permit the same to be done in violation of this Code.
103.2 Any person violating any of the provisions of this chapter or said building code shall
be deemed guilty of a misdemeanor and shall be punishable as set forth in Section 1.04.020 of
this Code.
15.04. 140 Pedestrian protection at building and demolition sites
. Notwithstanding the provisions of Section 15.04.010, Chapter 3303 of the Building Code is
amended by adding thereto a new Section 3303.7.5 to read as follows:
22
0 SECTION 3303.7.5
3303.7.5 Fencing and pedestrian protection shall be required at all building and demolition sites
as follows:
1 Prior to issuance of a demolition or building permit, a pre -demolition site inspection shall
be performed verifying sewer cap and temporary toilet location, and the capping of
electrical, water and gas service to the property.
2. Prior to commencement of work, all new construction or demolition sites shall install
minimum 6 foot high protective chain link fencing or wood fencing consistent with
Section 3303 of the California Building Code, and Table 33-A regardless of distance to
the property line. Protective wood canopies shall be installed prior to commencement of
work pursuant to the requirements of Section 3303 and Table 33A of the CBC.
3. A Pedestrian Protection Plan shall be approved identifying all areas of required
pedestrian protection for the property, prior to the issuance of demolition or building
permits. The plan shall indicate all areas of pedestrian protection or indicate why such
protection is not required (i.e. exempt due to distance of construction to property line).
The Pedestrian Protection Plan, shall be prepared by a licensed contractor, engineer or
owner -builder and indicate the proposed protection system to be installed and the
method of installation. When conditions make installation of a pedestrian canopy
impractical (i.e. a narrow street or alley) an alternative method may be shown on the
plan such as pedestrian diversion through use of flag persons and barriers.
4. Any work encroaching into the public right of way or involving pedestrian diversion shall
require Public Works Department approval of permits and pedestrian protection.
• 5. In addition to the remedies provided in the Building Code, violations of this section shall
result in revocation or suspension of a building permit pursuant to the procedures set
forth in the Code.
6. Violations of the provisions of this section are subject to the administrative penalty
provisions of chapter 1 10.
•
15.08. 030 Violations.
Section 204 of said housing code is hereby amended to read as follows:
SECTION 204.
Any person violating any of the provisions of this chapter or said housing code shall be
deemed guilty of a misdemeanor and shall be punishable as set forth in Section 1.04.020 of this
Code.
15.12. 040 Violations.
Any person violating any of the provisions of this chapter or the current adopted mechanical
code shall be deemed guilty of a misdemeanor and shall be punishable as set forth in Section
1.04.020 of this Code.
15.16. 080 Maintenance and Annual Inspection of Grease Recovery Systems in
Commercial Kitchens --Violations.
23
Notwithstanding the provisions of Section 15.16.010, the Plumbing Code is amended as follows:
• Section 1014.6.1 is hereby added to Chapter 10 of the Plumbing Code to read as follows
1014.6.1
1 Maintenance/Monitoring. It is the responsibility of the owner or operator of every
establishment required to have a grease removal system to maintain the system in a sanitary,
safe, and efficient operating condition so as to prevent grease from flowing into the sewer
system. A grease removal system shall not be considered properly maintained if for any reason
it is not in good working condition or if sediment and/or grease accumulations total more than 25
percent of the operative fluid capacity. It is the owner or operator's responsibility to provide for
removal of the accumulated grease and other waste contained in the system. Grease removed
from such a system shall not be disposed of in the sanitary or the storm sewer
Inspection. All owners/operators of establishments with grease recovery systems shall keep
maintenance records and haulers manifests and shall allow City inspection of grease removal
systems a minimum of once per calendar year All applicable records shall be available to the
Director or his representative upon requests. An annual inspection fee in an amount set forth in
the City's Master Schedule of Service Charges and Fees shall be paid by the owner/operator at
the time of business license renewal.
Violation. Violations of the provisions of sections 15.16.070 and 15.16.080 are subject to the
administrative penalty provisions of chapter 1 10.
15.16. 090 Violations.
• Any person violating any of the provisions of this chapter or the current adopted plumbing code
shall be deemed guilty of a misdemeanor and shall be punishable as set forth in Section
1.04.020 of this Code.
15.20. 130 Penalties. [Fire Code]
Any person violating any of the provisions of this chapter or the current adopted fire
prevention code shall be deemed guilty of a misdemeanor, punishable as set forth in Section
1.04.020 of this Code. The imposition of one penalty for any violation shall not excuse the
violation or permit it to continue; all such persons shall be required to correct or remedy such
violations or defects within a reasonable time; and when not otherwise specified, each ten (10)
days that prohibited conditions are maintained shall constitute a separate offense.
The application of the above penalty shall not be held to prevent the enforced removal of
prohibited conditions
15.32. 140 Violations.
Any person violating any of the provisions of this chapter or the current adopted electrical code
shall be deemed guilty of a misdemeanor and shall be punishable as set forth in Section
1.04.020 of this Code.
• 17.74. 010 Violations of zoning regulations.
24
Violations of the provisions of this title shall be subject to the administrative penalty provisions of
• chapter 1 10.
17.74. 020 Each day a separate offense.
•
•
Each person, firm or corporation found guilty of a violation shall be deemed guilty of a separate
offense for every day during any portion of which any violation of any provision of this title is
committed, continued or permitted by such person, firm or corporation, and any use, occupation
or building or structure maintained contrary to the provisions hereof shall constitute a public
nuisance.
17.74. 030 Violations of conditional use permits and precise development plans.
No person shall violate any conditions of a conditional use permit or precise development plan.
Such violations shall be shall be subject to the administrative penalty provisions of chapter 1 10
in addition to the measures set out in chapter 1770 regarding revocation of the permit.
M
•
•
•
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 07-1281 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 25th of September 2007, and a
summary of said ordinance was published in the Easy Reader newspaper on September
13, 2007, and October 4, 2007
The vote was as follows:
AYES: Bobko, Reviczky, Tucker, Mayor Keegan
NOES: None
ABSENT• Edgerton
ABSTAIN: None
DATED: October 9, 2007
City Clerk�/ '._,j
0 EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
legals@easyreader.info
PROOF OF PUBLICATION
(2015..5C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
• newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
September 13th
ALL IN THE YEAR 2007
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 13th day of September, 2007
. Judy A. Rae, Principal Clerk
Proof of Publication of -
CITY OF HERMOSA BEACH
Ordinance #07-1281
BC07-019
o �•
:o R a r'
City of
Hermosa Beach
ORDINANCE
NO. 07-1281
AN ORDINANCE OF THE
CITY OF HERMOSA
BEACH, CALIFORNIA,
AMENDING THE GENER-
AL PROVISIONS AND
ENFORCEMENT PROCE-
DURES OF THE MUNICI-
PAL CODE
SUMMARY OF ORDINANCE
NO. 07-1281
Ordinance No. 07-1281 enacts
a new chapter (Chapter 1.10)
in the City's Municipal Code
called "Administrative Citations
and Penalties" that establishes
civil enforcement procedures
and fines for certain violations of
the Code separate and apart
from the existing criminal mis-
demeanor and infraction reme-
dies. The new civil enforce-
ment program will be used to
address Building Code, zoning,
business license, animal nui-
sance and other similar viola-
tions with the primary goal of
achieving compliance rather
than punishment through the
criminal courts. Unlike criminal
remedies, violators who fail to
comply following a warning are
issued a civil- citation which
requires payment of a fine;
appeals are heard in the first
instance by a hearing officer
rather than a judge. Decisions
.of the hearing officer are
appealable to the Superior
Court. In the event of multiple
offenses by the same person of
the same Code provision, the
City may treat the offense as a
criminal misdemeanor.
New Chapter 1.10 sets out
administrative citation proce-
dures, the imposition of fines
established by City Council res-
olution, the contents of the cita-
tion, method of service, meth-
ods of resolving the citaticn,
appeals, and hearing proce-
dures.
The ordinance makes a variety
of other organizational and
nonsubstantive changes to
Title 1 of the Municipal Code.
Ordinance No. 07-1281 will
be considered by the City
Council for adoption at its
regular meeting on
September 25, 2007.
Easy Reader IncJRedondo
Hometown News/September
13, 2007/HC07-019
0 EASY READER, INC. Proof of Publication of:
REDONDO BEACH HOMETOWN NEWS
P.O. Box 427
CITY OF HERMOSA BEACH
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ordinance No. 07-1281
Ph: 310 372-4611 Fax: 310 318-6292
legals@easyreader.info
HC07-021
o
Fo R s i
PROOF OF PUBLICATION
(2015.5C.C.P.)
City of
Hermosa Beach
substantive changes to Title 1
of the Municipal Code.
ORDINANCE
STATE OF CALIFORNIA,
NO.07-1281
Ordinance No. 07-1281 was
County of Los Angeles,
adopted on September 25,
AN ORDINANCE OF
2007 by the following vote:
THE CITY OF HER-
AYES: Bobko, Reviczky,
I am a citizen of the United States and a resident of the
MOSA BEACH, CAL-
Tucker, Mayor
County aforesaid: I am over the age of eighteen years and
IFORNIA, AMEND-
NOES: Keegan
one n
not a party to or interested in the above -entitled matter. I
ING THE GENERAL
PROVISIONS AND
ABSENT: Edgerton
ABSTAIN: None
am the principal clerk of the printer of the BEACH
ENFORCEMENT
PEOPLE'S EASY READER-REDONDO BEACH
PROCEDURES OF
EasyReado
Hometown NNewews/
HOMETOWN NEWS, a newspaper of general
THE MUNICIPAL
CODE
October 4,2007/HC07-021
circulation, published WEEKLY in the City of
-
HERMOSA BEACH, County of Los Angeles, and which
SUMMARY
newspaper has been adjudged a newspaper of general
OF ORDINANCE
N0.07-1281
circulation by the Superior Court of the County of Los
•
Angeles, State of California, under the date of October 24,
Ordinance No. 07-1281 enacts
a new chapter (Chapter 1.10)
1972, Case Number SWC 22940 and October 3, 1989,
in the city's Municipal Code
Case Number SWC 108772, and that the notice of which
,
called "Administrative Citations
and Penalties" that establishes
the annexed is a printed copy (set in type not smaller that
civil enforcement procedures
and fines for certain violations of
nonpareil), has been published in each regular and entire
the Code separate and apart
issue of said newspaper and not in an supplement thereof
Y PP
from the existing criminal mis-
demeanor and infraction reme-
on the following dates, to -wit:
dies. The new civil e -
used
ment program will be used to
address Building Code, zoning,
business license, animal nui-
sance and other similar viola -
October 4th
tions with the primary goal of
achieving compliance rather
than punishment through the
ALL IN THE YEAR 2007
criminal courts. Unlike criminal
remedies, violators who fail to
comply following a warning are
issued a civil citation which
requires payment of a fine;
appeals are heard in the first
I certify (or declare) under penalty of perjury that the
instance by a hearing officer
foregoing is true and correct.
g g
of ther t hearinn a ge. Decisions
of the hearing officer are
appealable to the Superior
Court. In the event of multiple
offenses by the same person of
Signed at HERMOSA BEACH, CALIFORNIA,
the same Code provision, the
City may treat the offense as a
criminal misdemeanor.
This 4th day of October, D07 New Chapter 1.10 sets out
administrative citation proce-
dures, the imposition of fines
established by City Council res-
olution, the contents of the cita-
tion, method of service, meth-
ods of resolving the citation,
appeals, and hearing proce-
U — • Judy A. ae, Principal Clerk duras.
The ordinance makes a variety
of other organizational and non-
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ORDINANCE NO. 07-1282
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING THE ZONING MAP FROM LIGHT MANUFACTURING (M-
1) TO TWO-FAMILY RESIDENTIAL (R-2) FOR THE PROPERTY
LOCATED AT 322 ARDMORE AVENUE LEGALLY DESCRIBED AS
PORTION OF LOT 44, WALTER RANSOM COMPANY'S VENABLE
PLACE, AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE
DECLARATION
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. An application was filed by Robert Catalano, owner of real property at 322
Ardmore Avenue, for a Zone Change from M-1 (Light Manufacturing) to R-2 (Two -Family
Residential).
SECTION 2. The Planning Commission conducted a duly noticed public hearing to
consider the application to amend the Zoning Map on April 17, 2007, at which testimony and
evidence, both written and oral, was presented to and considered by the Planning Commission,
and based on this evidence the Planning Commission recommended approval of the requested
Zone Change.
SECTION 3. The City Council conducted a duly noticed public hearing to consider and
review the decision of the Planning Commission on the application for a Zone Change on June 12,
2007, at which testimony and evidence, both written and oral, and the record of decision of the
Planning Commission, was presented to and considered by the City Council.
SECTION 4. Based on evidence received at the public hearing and the record of decision
of the Planning Commission, the City Council makes the following factual findings:
1, The property is currently developed with a concrete block constructed automotive
repair business with garage access from Ardmore Avenue.
2. The property is an interior lot located between Third and Fourth Streets and is one
of the last remaining lots on this block of Ardmore Avenue that retains M-1 zoning inconsistent
with the Medium Density General Plan designation.
07-1282
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3 At their meeting of March 15, 2007, the Staff Environmental Review Committee
and the Planning Commission recommended an environmental Negative Declaration.
SECTION 5. Based on the foregoing factual findings, the City Council makes the
following findings pertaining to the General Plan Amendment and Zone Change:
1, A Zone Change to R-2 would make the zoning consistent with the General Plan.
2. The applicant has preliminarily proposed to remodel the existing structure into a
single-family residence. A single-family residence is a permitted use in the R-2 zone and is
approved administratively, and given the lot size, the maximum number of units allowed on this
site is limited to one.
3, City Council concurs with the Staff Environmental Review Committee's
recommendation, based on their environmental assessment/initial study that this project will result
in no impact on the environment, and therefore qualifies for a Negative Declaration.
SECTION 6. Based on the foregoing, and in order to make the Zoning Map consistent
with the General Plan Map pursuant to State Law, the City Council hereby amends the City's
Official Zoning Map as follows:
1. Amend the Zoning Map by changing the property, as described below and shown
on the attached map, from Light Manufacturing (M-1) to Two -Family Residential (R-2):
322 Ardmore Avenue, legally described as Portion of Lot 44, Walter Ransom
Company's Venable Place.
SECTION 7. This Ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 8. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
SECTION 9. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
2
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passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 26th of June 2007 by the following vote:
AYES:
Bobko, Reviczky, Tucker, Mayor Keegan
NOES:
None
ABSENT-
Edgerton
ABSTAIN:
Non,
ATTEST•
I
Ciiy Clerk
of the City Council ,,#fl MAYOR of the City of Hermosa Beach, California
A
3
07-1282
• STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 07-1282 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 26th of June 2007, and said
ordinance was published in the Easy Reader newspaper on July 5, 2007
The vote was as follows:
AYES:
Bobko, Reviczky, Tucker, Mayor Keegan
NOES:
None
ABSENT:
Edgerton
ABSTAIN:
None
DATED: July 10, 2007
City Clerk
0
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ORDINANCE NO. 07-1283
AN ORDINANCE OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, INCREASING THE MEMBERSHIP OF THE
EMERGENCY PREPAREDNESS ADVISORY COMMISSION
AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 2.38.020 of Title 2, Chapter 2.38 of the Hermosa Beach Municipal
Code is amended to read as follows:
2.38.020 Composition; Appointment of Members; Terms of Members; Vacancies
The Emergency Preparedness Commission shall be composed of seven residents of the
City appointed by the City Council for a term of four years. Members shall not be employees of
the City. Members serve at the pleasure of the City Council and may be removed at any time and
without cause by a majority vote of the Council. Upon expiration of a term, members shall
continue to serve until a successor is appointed and qualified.
If a vacancy shall occur other than by expiration of a term, the vacancy shall be advertised
as required by state law and the Council shall fill the vacancy for the unexpired portion of the
term.
In the event that a member is absent from more than two regularly scheduled meetings of
the Commission within a calendar quarter, or from more than four regularly scheduled meetings
within a calendar year, the City Clerk shall report the member's attendance record to the City
Council. The City Council shall consider whether to remove the member, giving consideration to
the reasons for the absences and the member's continued willingness to serve.
SECTION 2. This Ordinance shall become effective and be in full force and effect from
I
and after thirty (30) days of its final passage and adoption.
SECTION 3. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
07-1283
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general circulation published and circulated, in the City of Hermosa IBeach in the manner provided
by law.
SECTION 4. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 26th of June 2007 by the following vote:
AYES: Bobko, Reviczky, Tucker, Mayor Keegan
NOES: None
ABSENT- Edgerto
ABSTAIN: None ii
the City Council and MOOR of the City of Hermosa Beach, California
ATTEST- APPROVED AS TO FORM:
City Clerk
2 07-1283
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 07-1283 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 26th of June 2007, and said
ordinance was published in the Easy Reader newspaper on July 5, 2007
The vote was as follows:
AYES:
Bobko, Reviczky, Tucker, Mayor Keegan
NOES:
None
ABSENT-
Edgerton
ABSTAIN:
None
DATED: July 10, 2007
City Clerk
is
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ORDINANCE NO. 07-1284
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING PROCEDURAL PROVISIONS PERTAINING TO THE
FILING OF CLAIMS AGAINST THE CITY AND AMENDING THE
HERMOSA BEACH MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings and Intent. The City Council makes the following findings with
respect to the adoption of this Ordinance:
A. The Tort Claims Act (Government Code Section 810 et seq.) provides, with certain
exceptions, that no suit for money or damages may be brought against the City unless a claim has
been timely presented to and denied by the City. The Tort Claims Act provides that local
ordinances shall govern those claims that are excluded by the Act and that are not expressly
governed by another state statute.
B. The time periods and procedures for presenting a claim set forth in this Ordinance
apply to all existing claims against the City whether or not yet presented to or denied by the City,
that are excluded by the Act, and that are not expressly governed by state statute. If application of
this Ordinance would extinguish an existing claim, the deadline by which to present that claim
shall be as provided in Section 7 of this Ordinance. This Ordinance will not extinguish existing
claims without first providing a reasonable period for the presentation of those claims.
C. It is the intent of this Ordinance to establish uniform claims presentation
requirements for all claims and suits against the City and to establish requirements and deadlines
consistent with the Tort Claims Act, including but not limited to Government Code Sections
911.2, 945.6 and 946.
SECTION 2. Chapter 3.08 of Title 3 of the Hermosa Beach Municipal Code is amended
in its entirety to read:
Chapter 3.08
CLAIMS AGAINST THE CITY
07-1284
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3.08.010 Claims against the City; Suits.
(a) All claims against the City for money or damages not otherwise governed by the Tort
Claims Act or another state law ("claims") shall be presented within the time and in the manner I'I
prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing
with Section 900 thereof) for the claims to which that Part applies by its own terms, as those
provisions now exist or shall hereafter be amended and also as provided in this section.
(b) All claims shall be made in writing and verified by the claimant or by his or her'I
guardian, conservator, executor or administrator. No claims may be filed on behalf of a class of
persons unless verified by every member of that class as required by this paragraph.
(c) In accordance with Government Code Sections 935(b) and 945.6, all claims shall be
presented as provided in this subsection prior to the filing of suit on such claims.
3.08.020 Limited settlement authority
The City Manager, with the approval of the City Attorney, is authorized to settle or
compromise any monetary claim or litigation against the City or any officer or employee thereof,
without the prior consent of the City Council, in an amount not to exceed the then current
jurisdictional limit of the small claims court, as to any individual claimant. The City Manager,
with the approval of the City Attorney, is further authorized to settle or compromise any claim
that is less than the then current jurisdictional limit of the small claims court that the City may
have against any person. The City Manager is authorized to execute and deliver any instrument
necessary to effectuate a settlement or compromise permitted in this section.
SECTION 3. Paragraph A. of Section 3.32.120 of Chapter 3.32, Title 3 of the Hermosa
Beach Municipal Code is amended to read:
A. Whenever the amount of any tax, interest or penalty has been overpaid or paid
more than once or has been erroneously or illegally collected or received by the City, it may be
refunded as provided in this section, providing a claim in writing therefore is timely filed in
accordance with the requirements of section 3.08.010.
2
07-1284
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SECTION 4. Paragraph A. of Section 3.36.170 of Chapter 3.36, Title 3 of the Hermosa
Beach Municipal Code is amended to read:
A. Whenever the amount of any tax has been overpaid or paid more than once or has
been erroneously or illegally collected or received by the City, it may be refunded as provided in
this section, providing a claim in writing therefore is timely filed in accordance with the
requirements of section 3.08.010.
SECTION 5. Paragraph B. of Section 3.36.170 of Chapter 3.36, Title 3 is hereby deleted,
and paragraphs C. and D. are hereby re -lettered as B. and C.
SECTION 6. If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid or unenforceable, such invalidity or
unenforceability shall not affect the validity or enforceability of the remaining sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance. The City
Council hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared
invalid or unenforceable.
SECTION 7. The provisions of this Ordinance shall be applicable to any claim against
the City that has not expired on or before the effective date of this Ordinance. If the application of j
the time periods established by this Ordinance would extinguish an existing claim which is not
otherwise time-barred, then the date by which that claim must be presented to the City shall be the
sooner of. (i) the date the claims period would have expired with respect to that existing claim had
this Ordinance not been enacted; or (ii) six months after the effective date of this Ordinance for
claims described in the first sentence of Government Code Section 911.2 or one year after the
effective date of this Ordinance for claims described in the second sentence of that Section.
Nothing in this Ordinance shall be construed to extend the deadline for the presentation of any
claim which deadline was established by statute, ordinance or other law in effect prior to the
adoption of this Ordinance.
3
07-1284
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SECTION 8. This Ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 9. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
SECTION 10. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 24th of July 2007 by the following vote:
AYES:
Bobko, Edgerton, Reviczky, Tucker, Mayor Keegan
NOES:
None
ABSENT-
None
ABSTAIN:
None
PRESID
ATTEST:
City Clerk
the City Couhcil
R of the City of Hermosa Beach, California
4
07-1284
•
U
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 07-1284 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 24th of July 2007, and said
ordinance was published in the Easy Reader newspaper on August 2, 2007.
The vote was as follows:
AYES: Bobko, Edgerton, Reviczky, Tucker, Mayor Keegan
NOES: None
ABSENT- None
ABSTAIN: None
DATED: August 14, 2007
City Clerk
• EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
legals@easyreader.info
PROOF OF PUBLICATION
(2015..5C.C.P)
STATE OF CALIFORNIA,
'County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
• newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
August 2
ALL IN THE YEAR 2007
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 2nd day of August, 2007
• Judy A Rae, Principal Clerk
Proof of Publication of -
CITY OF HERMOSA BEACH
Ordinance No. 071284_
Chapter 3.08 — —
CLAIMS AGAINSTTHE CITY
HC07-015
3.08.010 Claims against
_ --
the City; Suits.
(a) All claims against the
City for money or damages not
otherwise governed by the Tort
o
Claims Actor another state law
e
(`claims"] shall be presented
o'
within the time and in the man-
ner prescribed by Part 3 of
Bo'
Division 3.6 of Title 1 of the
California Government Code
city Of
(commencing with Section 900
thereof) for the claims to which
Beach
that Part applies its own
Hermosa I I
terms, as those provisions now
exist or shall hereafter be
ORDINANCE
amended and also as provided
NO. 07-1284
in this section.
(b) All claims shall be made
in writing and verified by the
AN ORDINANCE OF
claimant or by his or her
THE CITY OF HER-
guardian, conservator, execu-
MOSA BEACH, CALI-
for or administrator. No claims
FORNIA, AMENDING
may be filed on behalf of a
PROCEDURAL PROVI-
class of persons unless verified
SIONS PERTAINING TO
by every member of that class
THE FILING OF CLAIMS
as required by this paragraph.
AGAINST THE CITY
(c) In accordance with
AND AMENDING THE
Government Code Sections
HERMOSA BEACH
935(b) and 945.6, all claims
MUNICIPAL CODE
shall be presented as provided
in this subsection prior to the fil-
THE CITY COUNCIL OF
ing of suit on such claims.
THE CITY OF HERMOSA
3.08.020 Limited settle -
BEACH, CALIFORNIA, DOES
ment authority
HEREBY ORDAIN AS FOL-
The City Manager, with the
LOWS:
approval of the City Attorney, is
SECTION 1. Findings and
authorized to settle or compro-
Intent. The City Council makes
mise any monetary claim or lit -
the following findings with
igation against the City or any
respect to the adoption of this
officer or employee thereof,
Ordinance:
without the prior consent of the
A. The Tort Claims Act
City Council, in an amount not
(Government Code Section 810
to exceed the then current
et seq.) provides, with certain"
_ jurisdictional limit of the small
claims court, as to any individ-
exceptions, that no suit for
ual claimant. The City
money or damages may be
Manager, with the approval of
brought against the City unless
the City Attorney, is further
a claim has been timely pre-
authorized to settle or compro-
sented to and denied by the
mise any claim that is less than'
City. The Tort Claims Act pro
the then current jurisdictional
vides that local ordinances
limit of the small claims court
shall govern those claims that
that the City may have against
are excluded by the Act and
any person. The City Manager
that are not expressly gov-
is authorized to execute and
erned by another state statute.
deliver any instrument neces-
B. The time periods and pro-
cedures for presenting a claim
set forth in this Ordinance apply
to all existing claims against the
--
City whether or not yet present-
ed to or denied by the City, that
are excluded by the Act, and
that are not expressly governed
by state statute. If application of
this Ordinance would extinguish
an existing claim, the deadline
by which to present that claim
shall be as provided in Section 7
of this Ordinance. This
Ordinance will not extinguish
existing claims without first.pro-
viding a reasonable period for
the presentation of those
claims.
C. It is the intent of this
Ordinance to establish uniform
claims presentation require-
ments for all claims and suits
against the City and to estab-
lish requirements and.dead-
lines consistent with the Tort
Claims Act, including but not
limited to Government Code
Sections 911.2, 945.6 and 946.
SECTION 2. Chapter 3.08
of Title 3 of the Hermosa
Beach Municipal Code is
amended in its entirety to read:
50 EASY READER August 2, 2007
sary to effectuate a settlement
or compromise permitted in
this section.
SECTION 3. Paragraph A.
of Section 3.32.120 of Chapter
3.32, Title 3 of the Hermosa
Beach Municipal Code is
amended to, read:
A. Whenever the amount of
any tax, interest or penalty has
been overpaid or paid more
than once or has been erro-
neously or illegally collected or
received by the City, it may be
refunded as provided in this
section, providing a claim in
writing therefore is timely
filed in accordance with the
requirements of section
3.08.010.
SECTION 4. Paragraph A.
of Section 3.36.170 of Chapter
3.36, Title 3 of the Hermosa
Beach Municipal Code is
amended to read: -
A. Whenever the amount of
any tax has been overpaid or
paid more than once or has
been erroneously or illegally
collected or received by the
City, it may be refunded as pro-
vided in this section, providing
a claim in writing therefore is
timely filed in accordance with
the requirements of section
3.08.010.
SECTION 5. Paragraph B.
Of Section 3.36.170 of Chapter
3.36, Title 3 is hereby deleted,
and paragraphs C. and D. are
hereby re -lettered as B. and C.
SECTION 6. If any section,
subsection, subdivision, para-
graph, sentence, clause or
phrase of this Ordinance is for
any reason field to be invalid or
unenforceable, such invalidity
or unenforceability shall not
affect the validity or enforceabil-
ity of the remaining sections,
subsections, subdivisions,
paragraphs, sentences, claus-
es or phrases of this
Ordinance. The City Council
hereby declares that it would
have passed each section,
subsection, subdivision, para-
graph, sentence, clause or
phrase hereof, irrespective of
the fact that any one or more
other sections, subsections,
0
subdivisions, paragraphs, sen-
tences, clauses or phrases
hereof be declared invalid or
unenforceable.
SECTION 7. The provisions
of this Ordinance shall be
applicable to any claim against
the City that has not expired on
or, before the effective date of
this Ordinance. If the applica-
tion of the time periods estab-
lished by this Ordinance would
extinguish an existing claim
which is not otherwise time-
barred, then the date by which
that claim must be presented to
the City shall be the sooner of:
(i) the date the claims period
would have expired with respect
to that existing claim had this
Ordinance not been enacted; or
(ii) six months after the effective
date of this Ordinance for claims
described in the first sentence
of Government Code Section
911.2 or one year after the
effective date of this Ordinance
for claims described in the sec-
ond sentence of that Section.
Nothing in this Ordinance shall
be construed to extend the
deadline for the presentation of
any claim which deadline was
established by statute, ordi-
nance or other law in effect prior
to the adoption of this
Ordinance.
SECTION 8. This Ordinance
shall become effective and be in
full force and effect from and
after thirty (30) days of its final
passa and a
doption.on.
Prior to the
expiration of fifteen (15) days
after the date of itsadoption, the
City Clerk shall cause this
Ordinance to be published in
the Easy Reader, a weekly
newspaper of general circula-
tion published and circulated, in
the City of Hermosa Beach in
the manner provided by law.
SECTION 10. The City Clerk
shall certify to the passage and
adoption of this Ordinance,shall
enter the same in the book of
original Ordinances of said city,
and shall make minutes of the
passage and adoption thereof
in the records of the proceed-
ings of the City Council at which
the same is passed and adopt-
ed.
PASSED, APPROVED and
ADOPTED this 24th of July
2007 by the following vote:
AYES: Bobko, Edgerton,
Reviczky, Tucker,
Mayor Keegan
NOES: None
ABSENT: None
ABSTAIN: None
Michael Keegan
PRESIDENT of the City
Council and MAYOR of the
City of Hermosa Beach,
California
ATTEST:
Elaine Doerfling
City Clerk
APPROVED AS TO FORM:
Michael Jenkins
City Attorney
Easy Readerinc!
Redondo Hometown News/
August 2, 2007/HC07-015
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ORDINANCE NO. 07-1285
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING THE NOISE ORDINANCE AND FURTHER ESTABLISHING
A PERMIT SYSTEM FOR SPECIAL EVENTS ON PRIVATE PROPERTY,
AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 8.24.010 of Title 8, Chapter 8.24 of the Hermosa Beach Municipal
Code is amended to read as follows:
8.24.010 Purpose and Findings.
The City is a densely developed community. Residential dwelling units are located in
close proximity to one another and commercial activities often adjoin residential housing. This
pattern of land use development makes it almost inevitable that everyday noise will be audible to
one degree or another. The purpose of this Chapter is to strike a balance between normal,
everyday noises that are unavoidable in an urban environment and those noises that are so
excessive and annoying that they must be curtailed in order to protect the comfort and tranquility
of all persons who live and work in the City.
SECTION 2. Section 8.24.030 of Title 8, Chapter 8.24 of the Hermosa Beach Municipal
Code is amended to read as follows:
8.24.030 Prohibited Noises — General Standard.
Unless otherwise permitted in this Chapter, no person shall make, permit to be made or
cause to suffer any noises, sounds or vibrations that in view of the totality of the circumstances are
so loud, prolonged and harsh as to be physically annoying to reasonable persons of ordinary
sensitivity and to cause or contribute to the unreasonable discomfort of any persons within the
vicinity. When considering whether a noise, sound or vibration is unreasonable within the
meaning of this section, the following factors shall be taken into consideration:
07-1285
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A. The volume and intensity of the noise, particularly as it is experienced within a
residence or place of business;
B. Whether the noise is prolonged and continuous;
C. How the noise contrasts with the ambient noise level;
D. The proximity of the noise source to residential and commercial uses;
E. The time of day; and
F. The anticipated duration of the noise.
SECTION 3. The first paragraph of Section 8.24.070 of Title 8, Chapter 8.24 of the
Hermosa Beach Municipal Code is amended to read as follows:
The following provisions apply to any party or other gathering of people on private
property that is determined by a law enforcement officer at the scene to constitute a threat to
public peace, health and safety or a violation of this Code or State law due to the magnitude of the
crowd, the volume of noise, the level of disturbance to the surrounding neighborhood, unruly
behavior, excessive traffic or destruction of property generated by the party or gathering. The
provisions of this section are inapplicable to a party or gathering authorized by a permit issued
pursuant to Section 9.28.020.
SECTION 4. Chapter 9.28 of Title 9 of the Hermosa Beach Municipal Code is amended
to read as follows:
Chapter 9.28
Parties, Events and Gatherings on Private Property
9.28.010. Parties Advertised and Open to the Public Prohibited
It shall be unlawful for any person to conduct or hold in any residence any party,
gathering, event or dance at which live or recorded music is provided which is open to the general
public and: (1) for which admission is charged, or (2) for which brochures, posters or handbills
advertising the party or dance are distributed or posted, or other advertisement made or published,
or (3) at which a charge is made for refreshments.
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9.28.020 Permits for Special Events on Private Property
A resident of the City may obtain from the Police Department a maximum of two permits
per calendar year per household in order to conduct a special event, party or gathering at the
resident's residence pursuant to the provisions of this section.
A. A permit must be requested not less than ten (10) days prior to the date of the event on
an application form provided by the Police Department. The application form shall be
accompanied by a filing fee in an amount determined by resolution of the City Council to recover
the City's costs associated with processing the application and issuing the permit.
B. Upon receipt and review of a complete application and filing fee, the Police
Department shall issue the permit provided that no more than two permits are issued to the same
residential address in a calendar year, The Police Department may impose conditions on the
permit, in addition to those set forth below in this section, deemed necessary to protect against the
event becoming a nuisance to the surrounding neighborhood due to the number of people in
attendance, the amount of traffic to be generated, the type and volume of amplified music or
entertainment to be utilized and other similar considerations. Conditions shall take into account
the size of the residential property, the capacity of the street on which it is located, the availability
of parking and the proximity to neighbors.
C. The following mandatory requirements and conditions shall apply to all permits issued
pursuant to this section:
1, A permit will be issued only upon receipt of a deposit, in the form of cash or
cashier's check, in the amount of $500. The deposit, or any portion thereof, shall be forfeited to
the City in order to recover any costs incurred to enforce the conditions of the permit in the event
of a violation of the permit or the provisions of this section. Any unused portion of the deposit
will be returned to the permittee within ten (10) days of the conclusion of the event. Should the
City's costs of enforcement exceed the amount of the deposit, the remainder shall constitute a civil
debt due and owing the City and recoverable in any manner provided by law.
3
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2. Amplified music and live entertainment shall be permitted notwithstanding the
provisions of Chapter 8.24 for a maximum duration of four hours (start to finish) and shall cease
no later than 11:45 p.m. on Friday and Saturday nights, and 9:45 p.m. on Sundays. The event
shall conclude not later than 12:00 midnight on Friday and Saturday nights, and 10:00 p.m. on
Sundays.
3. Noise emanating from the event shall not exceed 95 dBA at the property line at
any time during the event.
4. Permits shall be issued for events occurring only between 5:00 p.m. Fridays
through 10:00 p.m. Sundays.
5. The permit will be issued only to a resident 21 years of age or older, The
permittee shall be physically on the property during the entire duration of the event.
6. Permits will be issued solely for events for which there is a specific invitation
list. In no event will a permit be issued for parties, gatherings or events open or advertised to the
general public.
7 Upon receipt of a permit, and at least 72 hours prior to the event, the permittee
shall notify all residents within a 300 foot radius of the property of the location, date and time of
the event and the telephone number of the permittee.
8. Permits shall not be issued on St. Patrick's Day, July 4`h, Cinco de Mayo and
New Years Eve or on any other date where the Police Department determines that the number of
permitted events or the scheduling of other activities in the City will exceed the capacity of the
Department adequately to protect public safety.
D. A permit issued pursuant to this section may be revoked and the event ordered
concluded at any time during the course of the event by the highest ranking police officer on duty
at the time upon determination that the event is causing a violation of State law or is violating one
or more conditions of approval, or a determination that the event has become a threat to public
safety.
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SECTION 5. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city; shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
SECTION 6. This Ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 7. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
PASSED, APPROVED and ADOPTED this 14th day of August, 2007 by the following vote:
AYES:
Bobko, Edgerton, Reviczky, Tucker
NOES:
Mayor Keegan
ABSENT-
None
ABSTAIN:
None
PRESID
ATTEST:
24 City Clerk
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n ul UK; %-ILy ul nc1111uJa Dual ll, 1.a111uillla
APPROVED AS TO FORM:
City Attorney
5 07-1285
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 07-1285 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 14th of August 2007, and said
ordinance was published in the Easy Reader newspaper on August 23, 2007.
The vote was as follows:
AYES:
Bobko, Edgerton, Reviczky, Tucker
NOES:
Mayor Keegan
ABSENT:
None
ABSTAIN:
None
DATED: September 11, 2007
City Clerk
0
• EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
easyreader@easyreader. info
PROOF OF PUBLICATION
(2015.5C..C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
• circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
August 30"
ALL IN THE YEAR 2007
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 30rh day of August 2007
• udy Ann R e, Principal Clerk
oFz
Proof of Publication of:
CITY OF HERMOSA BEACH
Ordinance No. 07-1285
HC07-016 — -
o lj--L. City of
�%F s ra Hermosa Beach
ORDINANCE NO. 07-1285
AN ORDINANCE OF THE. CITY OF HERMOSA
BEACH, CALIFORNIA, AMENDING THE NOISE
,ORDINANCE AND FURTHER ESTABLISHING A
,--PERMIT SYSTEM FOR SPECIAL EVENTS ON PRI-
VATE PROPERTY, AND AMENDINGTHE HERMOSA
BEACH MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 8.24.010 of Title 8, Chapter 8.24 of the
Hermosa Beach Municipal Code is amended to read as follows:
8.24.010 Purpose and Findings.
The City is a densely developed community. Residential dwelling
units are located in close proximity to one another and commercial
activities often adjoin residential housing. This pattern of land use
development makes it almost inevitable that everyday noise will be
audible to one degree or another. The purpose of this Chapter is to
strike a balance between normal, everyday noises that are unavoid-
able in an urban environment and those noises that are so excessive
and annoying that they must be curtailed in order to protect the com-
fortand tranquility of all persons who live and work in the City.
SECTION 2:_ Section 8.24.030 of Title 8, Chapter 8.24 of the
Hermosa Beach Municipal Code is amended to read as follows:
8.24.030 Prohibited Noises — General Standard.
Unless otherwise permitted in this Chapter, no person shall make,
permit to be made or cause to suffer any noises, sounds or vibra-
tions that in view of the totality of the circumstances are so loud, pro-
longed and harsh as to be physically annoying to reasonable per-
sons of ordinary sensitivity and to cause or contribute to the unrea-
sonable discomfort of any persons within the vicinity. When consid-
ering whether a noise, sound or vibration is unreasonable within the
meaning of this section, the following factors shall be taken into con-
sideration:
A. The volume and intensity of the noise, particularly as it is
experienced within a residence or place of business;
B. Whether the noise is prolonged and continuous;
C. How the noise contrasts with the ambient noise level;
D. The proximity of the noise source to residential and commercial
uses;
E. The time of day; and
F. The anticipated duration of the noise.
SECTION 3. The first paragraph of Section 8.24.070 of Title 8,
Chapter 8.24 of the Hermosa Beach Municipal Code is amended to
read as follows:
The following provisions apply to any party or other gathering of
people on private property that is determined by a law enforcement
officer at the scene to constitute a threat to public peace, health and
safety or a violatio6 of this Code or State law due to the magnitude
of the crowd, the volume of noise, the level of disturbance to the sur-
rounding neighborhood, unruly behavior, excessive traffic or destruc-
fion of property generated by the party or gathering. The provisions
of this section are inapplicable to a party or gathering authorised by
a permit issued pursuant to Section 9.28.020.
SECTION 4. Chapter 9.28 of Title 9 of the Hermosa Beach
Municipal Code is amended to read as follows:
Chapter 9.28
Parties, Events and Gatherings on Private Property
928.010._ Parties Advertised and Open to the Public
Prohibited
It shall be unlawful for any person to conduct or hold in any resi-
dence`anyparfy, gathering, event or dance at which live or recorded
music is provided which is open to the general public and: (1) for
which admission is charged, or (2) for which brochures, posters or
handbills advertising the party or dance are distributed or posted, or
other advertisement made or published, or (3) at which a charge is
made for refreshments.
928.020 Permits for Special Events on Private Property
A resident of the City may obtain from the Police Department a
maximum of two permits per calendar year per household in order +
to conduct a special event, party or gathering at the residents resi-
dence pursuant to the provisions of this section.
A. A permit must be requested not less than ten (10) days prior
to the date of the event on an application form provided by the Police
Department. The application form shall be accompanied by a filing
fee in an amount determined by resolution of the City Council to
recover the Citys costs associated with processing the application
and issuing the permit_---
__
Rqte' 20-x' 2—
B. Upon receipt and review of a complete application and filing
flee, the Police Department shall issue the permit provided that no
more than two permits are issued to the same residential address in
• a calendar year. The Police Department may impose conditions on
the permit, in addition to those set forth below in this section,
deemed necessary to protect against the event becoming a nui-
sance to the surrounding neighborhood due to the number of peo-
ple in attendance, the amount of traffic to be generated, the type and
volume of amplified music or entertainment to be utilized and other
similar considerations. Conditions shall take into account the size of
the residential property, the capacity of the street on which it is locat-
ed, the availability of parking and the proximity to neighbors.
C. The following mandatory, requirements and conditions shall
apply to all.permits issued otusrianito'this_sectiom:
1. A permit will be issued only upon receipt of a deposit,—
in the form of cash or cashier's check, in the amount of $500. The
deposit, or any portion thereof, shall be forfeited to the City in order,
to recover any costs incurred to enforce the conditions of the permit'
in the event of a violation of the permit or the provisions of this sec-!
tion. Any unused portion of the deposit will be returned to the per-
mittee within ten (10) days of the conclusion of the event. Should the
City's costs of enforcement exceed the amount of the deposit, the
remainder shall constitute a civil debt due and owing the City and
recoverable in any manner provided by law.
2. Amplified music and, live entertainmenSigfiaI1,W-pej-
milled notwithstanding the provisions of Chapter 6A---tor-a maxr-
mum duration of four hours (start to finish) and shall cease -66 later
than 11:45 p.m. on Friday and Saturday nights, and 9:45 p.m. on
Sundays. The event shall conclude not later than 12:00 midnight on
Friday and Saturday nights, and 10:00 p.m. on Sundays.
3. Noise emanating from the event shall not exceed 95
dBA at the property tine at -anytime during the event.
4. permits shall be issued for events occurring only
between 5:00 p.m. Fridays through 10:00 p.m. Sundays.
5. The permit will be issued only to a resident 21 years
of age or older. The permittee shall be physically on The property
during the entire duration of the event.
6. Permits will be issued solely for events for which
there is a s�ttthoron list. eventsiopen orevent
advelrtisedd to permit
thegenissued
tor parties, gatherings
public.
7. Upon receipt of a permit, and at least 72 hours prior
to the event, the permittee shall .notify alall te and time o tli a e� and
radius of the property of the location,
the telephone number of the permittee.
8. Permits shall not be issued on St. Patrick's Day, July
4th, Cinco de Mayo and New Years Eve o on any other data where
the Police Department determines that the number of permitted
• events or the scheduling of other activities in the City will exceed the
capacity of the Departrnent adequately to Protect P safety -
D. A permit issued pursuant to this. section may be revoked and
the event ordered oonclukied at any me during the at tl�� of the
pon
event by the highest ranking pdioe officer on duty
n of State
determination that the law or is
event is cau a o r1,or a determination that
violating one or more conditlons of app
the event has Become a hreaCity Clerk shall certify to the passage
blic safe
SECTION
and adopfon of this Ordinance, shall enter the same in the book of
original Ordinances of said city; shall make minutes of the passage
and adoption thereof in the records of the proceedings of the City
Council at which the same is passed and adopted.
SECTION . This Ordinance shall become effective and be full
force and effectfrom and after thirty (30) days of its final passage
and adoption' expiration of fifteen (15) days after the
SECTION 7. Prior to the exp
date of its adoption, the City Clerk shall cause this OOfinar�oae
published in the Easy Reader, a weekly newspaper9e
culation published and circulated, in the City of Hermosa Beach in
the manner provided by law.
PASSED, APPROVED and ADOPTED this 14th day of August,
2007 by the following vote:
AYES: Bobko, Edgerton, Reviczky, Tucker
NOES: Mayor Keegan
ABSENT: None
ABSTAIN: None
Micha I n
PRESIDENT Council
Ci of the CisHermsa Beach, Californiof the
ATTEST: APPROVED AS TO FORM:
Elaine Doerfling Michael Jenkins
City Clerk City Attorney
Easy Reader IncJRedondo Hometown News/
August 30, 2007/HC07-016
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ORDINANCE NO. 07-1286
AN ORDINANCE OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, RELATING TO THE MUNICIPAL
ELECTION CALLED FOR NOVEMBER 6, 2007, AND
REPEALING ORDINANCE NO. 07-1278
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, DOES ORDAIN
AS FOLLOWS:
SECTION 1. Ordinance No. 07-1278 is hereby repealed.
SECTION 2. The City Clerk shall certify to the passage and adoption of this
ordinance; shall cause the same to be entered among the original Ordinances of said City; and
shall make a minute of the passage and adoption thereof in the records of the proceedings of
the City Council of said City in the minutes of the meeting in which the same is passed and
adopted.
SECTION 3. The effectiveness of Ordinance No. 07-1278 was suspended by the filing
of a qualifying referendum petition. Under the Elections Code, the City Council is obligated
either to repeal the ordinance or schedule it as a ballot measure for consideration by the voters.
The City Council decided in its Resolution No. 07-6557 adopted on July 24, 2007, to place the
Ordinance on the ballot for consideration by the voters. The Council now desires to withdraw
the ballot measure and instead to repeal the Ordinance. Resolution No.07-6565 was adopted
on August 14, 2007, withdrawing the matter from the ballot and rescinding Resolution No. 07-
6557 In order to comply with the applicable provisions of the Elections Code, the repeal of
the Ordinance must occur concurrently with withdrawal of the ballot measure and prior to the
07-1286
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deadline. Accordingly, this ordinance is related to an election and, pursuant to California
Government Code Section 36937, shall take effect immediately upon its adoption.
PASSED, APPROVED and ADOPTED this 14th of August 2007 by the following vote:
AYES:
Bobko, Edgerton, Reviczky, Tucker
NOES:
Mayor Keegan
ABSENT•
None
ABSTAIN:
None
PRESID
ATTEST:
City Clerk
of the City Council and of the City of Hermosa Beach, California
OVED AS TO FORM:
City Attorney
2 07-1286
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 07-1286 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 14th of August 2007.
The vote was as follows:
AYES: Bobko, Edgerton, Reviczky, Tucker
• NOES: Mayor Keegan
ABSENT- None
ABSTAIN: None
DATED: August 14, 2007
City Clerk
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ORDINANCE NO. 07-1287
AN ORDINANCE OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, AMENDING SECTION 17.52.070 OF THE ZONING
ORDINANCE PERTAINING TO REBUILDING OF DAMAGED
NONCONFORMING STRUCTURES
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The Planning Commission held a duly noticed public hearing on July 17, 2007,
to review and consider clarifications to Section 17.52.070 of the Zoning Ordinance, and based on the
evidence and testimony received, recommended that said Section be amended.
SECTION 2. The City Council held a duly noticed public hearing on September 11, 2007, to
consider the recommendation of the Planning Commission.
SECTION 3. Based on the evidence considered at the public hearing, and the record of
decision of the Planning Commission, the City Council makes the following findings:
1 Section 17.52.070, as revised in November, 2006, does not address the issue of
rebuilding a nonconforming commercial use in a residential zone and is inconsistent with State
Law as it does not allow reconstruction of existing residential uses that exceed 45 units per acre.
2. The subject text amendment is exempt from the requirements of the California
Environment Quality Act (CEQA), pursuant to the general rule set forth in Section 15061(3) of
the CEQA Guidelines, as there is no possibility that this text amendment may have a significant
effect on the environment.
SECTION 4. Based on the foregoing, the Planning Commission hereby recommends that the
Hermosa Beach Municipal Code, Title 17 -Zoning, Chapter 17.08, Section 17.52.070 be amended as
follows:
17.52. 070 Reconstruction of a damaged nonconforming building.
A. Residential buildings
A nonconforming residential building damaged by fire, explosion or other casualty
or act of God, or the public enemy, may be restored to its pre -damaged condition and the
07-1287 1
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occupancy or use of such building or part thereof which existed at the time of such
destruction may be continued as long as the cause of the destruction is not intentional (i.e.
through arson or other means perpetrated by the owner) and provided that:
a. The rebuilt structure conforms as closely as possible to current parking and
other zoning standards (such as setbacks);
b. There is no increase in any nonconformity;
C. The height of the building or buildings does not exceed twenty (20) percent
more than permitted by the zone in which it is located;
d. The basic structural features, setbacks, floor area, and room sizes can be
duplicated in compliance with current building and safety codes;
Should the restoration deviate in any respect from the pre -damaged condition of the
building, any such deviation shall conform in all respects with the current requirements of this
title.
B. Commercial/Industrial Buildings
A nonconforming commercial or industrial building damaged by fire, explosion or
other casualty or act of God, or the public enemy, may be restored to its pre -damaged
condition and the occupancy or use of such building or part thereof which existed at the
time of such destruction may be continued as long as the cause of the destruction is not
intentional (i.e. through arson or other means perpetrated by the owner) and provided that:
a. The rebuilt structure does not exceed the gross floor area and footprint of
the building prior to damage or destruction;
b. There is no increase in the occupant load of the building, expansion of any
nonconforming condition, or intensification of any nonconforming use;
C. The damaged building can be duplicated to its pre -damaged condition in
compliance with current building and safety codes;
d. Reconstruction includes installation of a fully code complying fire sprinkler
system.
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07-1287 I
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Should the restoration deviate in any respect from the pre -damaged condition of the
building, any such deviation shall conform in all respects with the current requirements of this
title.
SECTION 7. This Ordinance shall become effective and be in full force and effect from and
after thirty (30) days of its final passage and adoption.
SECTION 8. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
SECTION 9. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 9th of October 2007 by the following vote:
AYES:
Bobko, Edgerton, Tucker
NOES:
Reviczky, Mayor Keegan
ABSENT-
None
ABSTAIN:
None ,
PRESID
i
ATTEST -
City Clerk
bf the City CouncA and
YOR of the City of Hermosa Beach, California
3
OVED
Attorney
FORM:
07-1287 1
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 07-1287 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 9th of October 2007, and said
ordinance was published in the Easy Reader newspaper on October 18, 2007
The vote was as follows:
• AYES:
Bobko, Edgerton, Tucker
NOES:
Reviczky, Mayor Keegan
ABSENT-
None
ABSTAIN:
None
DATED: October 23, 2007
cl- �Pa - - e -
City Clerk-
0
lerk
•
• EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
legals@easyreader, info
PROOF OF PUBLICATION
(2015.,5C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of t
County aforesaid: I am over the age of eighteen years a
not a party to or interested in the above -entitled matter.
am the principal clerk of the printer of the BEAC
PEOPLE'S EASY READER-REDONDO BEAC
HOMETOWN NEWS, a newspaper of gener
circulation, published WEEKLY in the City
HERMOSA BEACH, County of Los Angeles, and whic
newspaper has been adjudged a newspaper of gener
• circulation by the Superior Court of the County of L
Angeles, State of California, under the date of October Z
1972, Case Number SWC 22940 and October 3, 198
Case Number SWC 108772, and that the notice, of whic
the annexed is a printed copy (set in type not smaller th
nonpareil), has been published in each regular and entir
issue of said newspaper and not in any supplement thereo
on the following dates, to -wit:
October 18th
ALL IN THE YEAR 2007
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 18th day of October, 2007
Ju y A. Rae, Prin ipal lerk
Proof of Publication of:
CITY OF HERMOSA BEACH
Ordinance # 07-1287
an
Of
OS
4
9,
at
cial or industrial building dam -
reconstruction of existing r
PASSED, APPROVED and
aged by fire, explosion or other
ADOPTED this 9th of October
units per acre.
casualty or act of God, or the
HC07-023
public enemy, may be restored
to its pre -damaged condition
AYES: Bobko, Edgerton,
requirements of the California
and -the occupancy or use of
Environment Quality Act
A. Residential buildings
such building or part thereof
r.aMo�
°�:
A nonconforming residential
building damaged by fire, explo-
which existed at the time of
such destruction may be Contin-
long the
15061(3) of the CEQA
sion or other casualty or act of
ued as as cause of the
`• a o
God, or the public enemy, may
destruction is not intentional (i.e.
f
be restored to its pre -damaged
through arson or other means
PRESIDENT of the City
condition and the occupancy or
perpetrated by the owner) and
foregoing, the Planning
use of such building or part
thereof which existed at the time
provided that:
a.The rebuilt structure does
City of
of such destruction may be con-
not exceed the gross floor
Hermosa Beach
tinued as long as the cause of
the destruction is not intentional
area and footprint of the
building prior to damage or
ORDINANCE
(i.e. through arson or other--=
means perpetrated by the
destruction;
b. There is no increase in the
NO. 07-1287
owner) and provided that:
a. The rebuilt structure con-
occupant load of the build -
ing, expansion of any
Michael Jenkins_
forms as closely as possi-
nonconforming condition, or
he AN ORDINANCE OF THE
ble to current parking and
intensification of any non -
CITY OF HERMOSA
BEACH, CALIFORNIA,
other zoning standards
(such as setbacks);
conforming use;
c. The damaged building can
I AMENDING SECTION
b. There is no increase in any
be duplicated to its pre -
1752.070 OF THE ZONING
nonconformity
damaged condition in
H ORDINANCE PERTAINING
c. The height of the building
compliance with current
TO REBUILDING OF DAM-
or buildings does not
building and safety codes;
H AGED NONCONFORMING
exceed twenty (20) percent
d. Reconstruction includes
STRUCTURES
A
more than permitted by the
installation of a fully code
zone in which it is located;
complying fire sprinkler
THE CITY COUNCIL OF
THE CITY OF HERMOSA
d. The basic structural fea-
tures, setbacks, floor area,
system.
Should the restoration devi-
h BEACH, CALIFORNIA DOES
and room sizes can be
ate in any respect from the pre -
HEREBY ORDAIN AS FOL-
duplicated in compliance
damaged condition of the build -
al LOWS:
with current building and
ing, any such deviation shall
SECTION 1. The Planning
safety codes;
conform in all respects with the
Commission held a duly noticed
Should the restoration devi-
current requirements of this title.
public hearing on July 17, 2007,
to review and consider
ate in any respect from the pre-
the
SECTION 7. This Ordinance'
shall become effective and be in
clarifica-
tions to Section 17.52.070 of
damaged condition of build-
ing, any such deviation shall
full force and effect from and
h the Zoning Ordinance, and
conform in all respects with the
after thirty (30) days of its final
based on the evidence and tes-
current requirements of this title.
passage and adoption.
timony received, recommended
B. Com mercial/Industrial
SECTION 8. Prior to the
that said Section be amended.
Buildings
expiration of f(15) days
e TION 2. The City
A nonconforming commer-
after the date of its adoption, the
Council noticed held a duly noticed pub-
f
City Clerk shall cause this
lic hearing on September 11,
Ordinance to be published in
2007, to consider the recom.
the Easy Reader, a weekly
mendation of the Planning
newspaper of general circuka-
Commission.
tion published and circulated, in
SECTION 3 Based on the
the City of Hermosa Beach in
evidence considered at the pub-
the manner provided by law.
lic hearing, and the record of
SECTION 9. The City Clerk
decision of the Planning
shall certify to the passage and
Commission, the City Council
adoption of this Ordinance, shall
makes the following findings:
enter the same in the book of
1. Section 17.52.070, as
original Ordinances of said city,
revised in November, 2006,
and shall make minutes of the
does not address the issue of
passage and adoption thereof in
rebuilding a nonconforming
the records of the proceedings of
commercial use in a residential
the City Council at which the
zone and is inconsistent with
same is passed and adopted.
State Law as it does not allow
reconstruction of existing r
PASSED, APPROVED and
dentia! uses that exceed 45
45
ADOPTED this 9th of October
units per acre.
2007 by the following vote:
2. The subject text amend-
ment is exempt from the
AYES: Bobko, Edgerton,
requirements of the California
Tucker
Tuckerky,
Environment Quality Act
NOES:
(CEQA), pursuant to the gener-
Mayor Keegan
al rule set forth in Section
ABSENT: None
15061(3) of the CEQA
ABSTAIN: None
Guidelines, as there is no possi.
bility that this text amendment
may have a significant effect on
Michael Keegan_
Keegan -
the environment.
PRESIDENT of the City
-%C—TION 4: Based on the
Council and MAYOR of the
foregoing, the Planning
City of Hermosa Beach,
Commission hereby recomnwidS
California
that the Hermosa Beach
Municipal Cade, Title 17 -Zoning,
ATTEST:
Chapter 17.08, Section 17.52.070
Elaine Doerfking
be amended as folows
City Clerk
17.52. 070 Reconstruction of
a damaged nonconforming
APPROVED AS TO FORM:
bui_Idincl
Michael Jenkins_
-
City Attorney
Easy ReaderInc/Redondo
Hometown News/
October 18, 2007/HC07-023
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ORDINANCE NO. 07-1288
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
MAKING ADMINISTRATIVE AMENDMENTS TO THE BUSINESS TAX
ORDINANCE AND AMENDING THE HERMOSA BEACH MUNICIPAL
CODE
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 5.04.220 of Title 5, Chapter 5.04 of the Hermosa Beach Municipal
Code is amended to read as follows:
5.04.220 Businesses not specified in this chapter.
Every business not specified in this chapter shall pay an annual license tax equal to the tax
payable by the business category most comparable as determined by the license collector, plus
annual cost of living adjustments as provided for by Section 5.04.230.
SECTION 2. Section 5.04.230 of Title 5, Chapter 5.04 of the Hermosa Beach Municipal
Code is amended to read as follows:
5.04.230 Annual cost of living adjustment of taxes.
Taxes imposed in this Title on a basis other than a percentage of gross receipts shall be
adjusted on an annual basis using the percentage increase in the cost of living as calculated by the
United States Bureau of Statistics for the Los Angeles -Anaheim -Riverside Standard Metropolitan
Statistical Area.
SECTION 3. Title 5, Chapter 5.04 of the Hermosa Beach Municipal Code is amended by
adding thereto a new Section 5.04.235 to read as follows:
5.04.235 Apportionment of Taxes.
When, by reason of the provisions of the Constitution of the United States or the
Constitution of California, the business tax imposed by this Chapter cannot be enforced without
1
07-1288
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there being an apportionment according to the amount of business done in the City, the Tax
Administrator shall promulgate such rules and regulations for the apportionment of the tax as are
necessary or desirable to overcome the constitutional objections. Nothing in this Chapter shall be
construed as requiring the payment of any tax for engaging in a business or the doing of an act
when such payment would constitute an unlawful burden upon or an unlawful interference with
interstate or foreign commerce, or which payment would be in violation of the Constitution of the
United States or the Constitution of the State of California.
SECTION 4. The following provisions of Title 5, Chapter 5.04 are repealed:
a) Section 5.04.200.B.1, Classification A, Group 19a
b) Section 5.04.200.B.2. Classification B, Group 1
c) Section 5.04.200.B.2. Classification B, Group 2
d) Section 5.04.200.B.2. Classification B, Group 3
e) Section 5.04.200.B.3. Classification C, Group 3, para. (d)
SECTION 5. Section 5.04.2 10 of Title 5, Chapter 5.04 of the Hermosa Beach Municipal
Code is hereby repealed.
SECTION 6. The City Council finds and determines that none of the above amendments
results in the adoption of a new tax or an increase to an existing tax.
SECTION 7. This Ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 8. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law,
N
07-1288
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SECTION 9. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 13th of November 2007 by the following vote:
AYES:
Bobko, Edgerton, Reviczky, Tucker, Mayor Keegan
NOES:
None
ABSENT-
None
ABSTAIN:
None �.
PRESIDENT of the Oty Council and MA
ATTEST -
City Clerk
City of Hermosa Beach, California
TO FORM:
City Attorney
3 07-1288
• STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 07-1288 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 13th of November 2007, and
said ordinance was published in the Easy Reader newspaper on November 22, 2007
The vote was as follows:
AYES: Bobko, Edgerton, Reviczky, Tucker, Mayor Keegan
NOES: None
ABSENT- None
ABSTAIN: None
DATED: November 27, 2007
City Clerk
n
• EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
legals@easyreader.info
PROOF OF PUBLICATION
(2015.5C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
• newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case.Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
November 22"`t
ALL IN THE YEAR 2007
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 23th day of November, 2007
'TNJJ W,
�T
• � `' • • .
`
Proof of Publication of -
CITY OF HERMOSA BEACH
enter the same in the book of
original Ordinances of said city,
Ordinance No 07 1288 and shall make minutes of the
passage and adoption thereof
in the records of the proceed-
ings of the City Council at
HC07-025 SECTION 3. Title 5, which the same is passed and
Chapter 5.04 of the Hermosa adopted.
o �•
■
.o nar'
City of
Hermosa Beach
ORDINANCE
NO. 07-1288
AN ORDINANCE OF THE
CITY OF HERMOSA
BEACH, CALIFORNIA,
MAKING ADMINISTRA-
TIVE AMENDMENTS TO
THE BUSINESSTAX ORDI-
NANCE AND AMENDING
THE HERMOSA BEACH
MUNICIPAL CODE
THE CITY COUNCIL OF
THE CITY OF HERMOSA
BEACH, CALIFORNIA, DOES
HEREBY ORDAIN AS FOL-
LOWS:
!Section 5.04.220 of Title 5,
Chapter 5.04 of the Hermosa
Beach Municipal Code is
amended to read as follows:
5.04.220 Businesses not
specified in this chapter.
Every business not specified
in this chapter shall pay an
annual license tax equal to the
tax payable by the business cat-
egory most comparable as
determined by the license col-
lector, plus annual cost of living
adjustments as provided for by
Section 5.04.230.
SECTION 2.
Section 5.04.230 of Title 5,
Chapter 5.04 of the Hermosa
Beach Municipal Code is
amended to read as follows:
5.04230 Annual cost of liv-
ing adjustment of taxes.
Taxes imposed in this Title on
a basis other than a percentage
of gross receipts shall be adjust-
ed on an annual basis using the
percentage increase in the cost
of living as calculated by the
United States Bureau of
Statistics for the Los Angeles -
Anaheim -Riverside Standard
Metropolitan Statistical Area.
N
Beach Municipal Code is
amended by adding thereto a
new Section 5.04.235 to read
as follows:
5.04.235 Apportionment of
Taxes.
When, by reason of the pro-
visions of the Constitution of the
United States or the
Constitution of California, the
business tax imposed by this
Chapter cannot be enforced
without there being an appor-
tionment according to the
amount of business done in the
City, the Tax Administrator shall
promulgate such rules and reg-
ulations for the apportionment
of the tax as are necessary or,
desirable to overcome the con-
stitutional objections. Nothing in
this Chapter shall be construed
as requiring the payment of any
tax for engaging in a business
or the doing of an act when
such payment would constitute
an unlawful burden upon or an
unlawful interference with inter-
state or foreign commerce, or
which payment would be in vio-
lation of the Constitution of the
United States or the
Constitution of the State of
California.
SECTION 4. T h e
following provisions of Title 5,
Chapter 5.04 are repealed:
a) Section 5.04.200.6.1.
Classification A, Group 19a
b) Section 5.04.200.B.2.
Classification B, Group 1 --
c) Section 5.04.200.B.2.
Classification B, Group 2
d) Section 5.04.200.B.2.
Classification B, Group 3
e) Section 5.04.200.6.3.
Classification C, Group 3, para.
(d)
SECTION 5.
Section 5.04.210 of Title 5,
Chapter 5.04 of the Hermosa
Beach Municipal Code is here-
by repealed.
SECTION 6. The City
Council finds and determines
that none of the above amend-
ments results in the adoption of
a new tax or an increase to an
existing tax.
SECTION 7. This Ordinance
shall become effective and be in
full force and effect from and
after thirty (30) days of its final
passage and adoption.
SECTION 8. Prior to the
expiration of fifteen (15) days
after the date of its adoption, the
City Clerk shall cause this
Ordinance to be published in
the Easy Reader, a weekly
newspaper of general circula-
tion published and circulated, in
the City of Hermosa Beach in
the manner provided by law.
SECTION 9. The City Clerk
shall certify to the passage and
adoption of this Ordinance, shall
PASSED,APPROVED
and ADOPTED this
13th of November 2007
by the following vote:
AYES: Bobko, Edgerton,
Reviczky, Tucker,
Mayor Keegan
NOES: None
ABSENT: None
ABSTAIN: None
Michael
n
PRESIDENT of the City
Council and MAYOR of the
City of Hermosa Beach,
California
ATTEST:
Elaine
Doerfling City
Clerk
APPROVED AS TO FORM:
Michael
Jenkins
City Attorney
Easy Reader InctRedondo
Hometown News/November
22, 2007IHC07-025
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028
ORDINANCE NO. 07-1289U
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
ADOPTING BY REFERENCE TITLE 24 OF THE CALIFORNIA CODE OF
REGULATIONS ALSO KNOWN AS THE CALIFORNIA BUILDING
STANDARDS CODE, COMPRISED OF VARIOUS BUILDING AND
OTHER CODES, AMENDING PORTIONS OF SAID TITLE, AND
AMENDING TITLE 15 OF THE HERMOSA BEACH MUNICIPAL CODE
AND DECLARING THE URGENCY THEREOF
WHEREAS, on July 1, 2007, the State Building Standards Commission approved and
published the 2007 edition of the California Building Standards Code, which incorporated the
various editions of the Uniform Codes by reference with necessary California amendments; and
WHEREAS, Health and Safety Code Sections 18938 and 17958 make the California'
Building Standards Code applicable to all cities and counties throughout California, including the
City of Hermosa Beach, 180 days after publication by the State Building Standards Commission,
which is January 1, 2008, and
WHEREAS, Health and Safety Code Section 18941.5 provides that a City may establish
more restrictive building standards if they are reasonably necessary due to local climatic,
geological or topographical conditions; and
WHEREAS, based upon the findings contained in the Resolution adopted concurrently
with this Ordinance, the City Council has found that certain modifications and additions to the
California Building Standards Code are reasonably necessary based upon local climatic,
topographical and geological conditions; and
WHEREAS, the City Council conducted a duly noticed public hearing to consider and
review the Uniform Codes and local amendments, at which testimony and evidence was presented
to and considered by the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Title 15 of the Hermosa Beach Municipal Code is hereby amended as set
out in Exhibit A attached hereto.
07-1289U I
09,
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SECTION 2. All inconsistencies between the Building and other Codes adopted by this
ordinance and the 2007 editions of the California Uniform Codes are hereby deemed changes,
modifications, amendments, additions or deletions thereto authorized by California Health and
Safety Sections 17958.5 and 17958.7
SECTION 3. The provisions of the Building Code in effect prior to the effective date of
this Ordinance shall continue to govern construction for projects for which plans were submitted
for plan check prior to the effective date of this Ordinance, and for which the initial permit is
issued not later than one hundred and eighty (180) days after said effective date.
SECTION 4. To the extent the provisions of this ordinance are substantially the same as
previous provisions of the Hermosa Beach Municipal Code, these provisions shall be construed as
continuations of those provisions and not as new enactments.
SECTION 5. If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance or any part hereof or exhibit hereto is for any reason held to be invalid,
such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part
thereof or exhibit thereto. The City Council of the City of Hermosa Beach hereby declares that it
would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase
hereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases be declared invalid.
SECTION 6. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated in the City of Hermosa Beach in the manner provided
by law.
SECTION 7. The City Clerk shall certify to the passage and adoption of this ordinance,
shall enter the same in the book of original ordinances of the City of Hermosa Beach, and shall
make minutes of the passage and adoption thereof in the records of the proceedings of the City
Council as which the same is passed and adopted.
SECTION 8. State law requires that localities adopt the California Building Standards
Code and modifications thereto, by January 01, 2008. It is essential that the City have in effect on
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that date codes that comport with state law and contain those modifications necessitated by unique
topographic, geologic and climatic conditions. In the absence of immediate effectiveness, the
provisions of the Building, Electrical, Mechanical, Plumbing and Fire Codes unique to the City's
special circumstances will not be in place and this will have a detrimental effect on the public,
health, safety and welfare. The modifications to the Codes contain vital provisions regarding
administrative procedures, roofing materials, sprinkling requirements, and other similar matters
necessitated by the City's exposure to Santa Ana winds and its limited rainfall in summer and fall
months. For these reasons, the public health, safety and welfare require that this ordinance take
effect immediately. This is an urgency ordinance adopted pursuant to California Government
Code Section 36937
SECTION 9. This Ordinance shall be effective upon adoption and shall become operative
January 01, 2008.
PASSED, APPROVED and ADOPTED this 11th of December 2007 by the following vote:
AYES: Bobko, DiVirgilio, Reviczky, Tucker, Mayor Keegan
NOES: None
ABSENT- None
ABSTAIN: None
PRESIDENT of the City Council and MAYORjof the
ATTEST -
ty Clerk
3
City Attorney
Beach, California
AS TO FORM:
07-1289U I
•STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 06-1289U was duly passed, approved
and adopted as an urgency ordinance by the City Council of the City of Hermosa Beach
at a regular meeting held at the regular meeting place thereof on the 11 th of December
2007
The vote was as follows:
0 AYES: Bobko, DiVirgilio, Reviczky, Tucker, Mayor Keegan
NOES: None
ABSENT- None
ABSTAIN: None
DATED: January 8, 2008
&'�
c=o
City Clerk
to
•
EXHIBIT A:
AMENDMENTS TO TITLE 15 OF THE HERMOSA BEACH M1JNICIPAL CODE
The sections of Title 15 amended herein are listed at the end of this Exhibit. Chapters and
sections not listed or referenced herein are retained as is.
TITLE 15
CHAPTER 15.04
BUILDINGS AND CONSTRUCTION
15.04.010. Adoption of Building Code.
Except as hereinafter provided and as provided in Chapter 15.40, the California Building
Code 2007 Edition (Part 2 of Title 24 of the California Code of Regulations), including
Appendix Chapter 1, and Appendices F, G and J, and not including Appendices A, B, C, D, H,
and I, is hereby adopted by reference and made a part of this chapter as though set forth in this
chapter in full. Said Code shall comprise the Building Code of the City of Hermosa Beach. A
copy of the Building Code shall be maintained in the office of the City Clerk and shall be made
available for public inspection while the Code is in force.
0 Whenever the word "jurisdiction" appears in this code, it shall mean and refer to the City
of Hermosa Beach.
Whenever the term "Building Official" appears in this code, it shall mean and refer to the
Director of Community Development of the City of Hermosa Beach, or his or her designee.
15.04.020. Board of Appeals.
Section 112 of Appendix Chapter 1 of said Building Code is hereby amended to read as
follows:
SECTION 112
BOARD OF APPEALS
112.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the Building Official relative to the matters described in Section
112.2, there shall be and is hereby created a Board of Appeals consisting of five (5)
members who are qualified by experience and training to pass upon matters pertaining to
building construction and who are not employees of the jurisdiction. The Building
Official shall be an ex officio member of and shall act as secretary to said board but shall
have no vote upon any matter before the board. The Board of Appeals shall be appointed
by the City Council and shall hold office at its pleasure. The board shall adopt rules
procedure for conducting its business and shall render all decisions and findings in
• writing to the appellant with a duplicate copy to the Building Official.
112.2 Limitations of authority. The jurisdiction of the Board of Appeals shall
be limited to claims that this code or the rules legally adopted thereunder have been
incorrectly interpreted, the provisions of this code do not fully apply or an equally good
or better method of construction is proposed. The Board of Appeals shall have no
authority to waive requirements of this code.
112.3 Quorum for meetings. Three (3) members of said board shall constitute a
quorum. The board shall elect one of its members to act as chairman.
Not less than three (3) days prior to a meeting of said board, written notice shall
be given to each member personally, or by registered mail, provided, however, that any
meeting of said board shall be legal for any purpose if the written consent of all members
of said board to such meeting is executed and filed in the records of such board.
Such board shall have the right, subject to such limits as the City Council may
prescribe by resolution, to employ at the cost and expense of the City, such practicing
architects, competent builders, attorneys and structural engineers as said board in its
discretion may deem reasonable and necessary to assist in its investigation and in making
its findings and decisions.
15.04.030. Violations.
Violations of said Building Code shall be punishable as provided in section 113 of
Appendix Chapter 1 of said Code as follows.
SECTION 113
VIOLATIONS
113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to
erect, construct, enlarge, alter, extend, repair, move, improve, remove, convert or
demolish, equip, use, occupy or maintain any building or structure or cause or permit the
same to be done in violation of this code.
113.2 Notice of violation. The building official is authorized to serve a notice of
violation or order on the person responsible for the erection, construction, alteration,
extension, repair, moving, removal, demolition or occupancy of a building or structure in
violation of the provisions of this code or in violation of a permit or certificate issued
under the provisions of this code. Such order shall direct the discontinuance of the illegal
action or condition and the abatement of the violation.
113.3 Prosecution of violation. If the notice of violation is not complied with
promptly, the building official is authorized to request the legal counsel of the jurisdiction
to institute the appropriate proceeding at law or in equity to restrain, correct or abate such
violation, or to require the removal or termination of the unlawful occupancy of the
• building or structure in violation of the provisions of this code or of the order or direction
made pursuant thereto.
E
• 113.4 Violation penalties. Any person who violates a provision of this code or
fails to comply with any of the requirements thereof or who erects, constructs, alters or
repairs a building or structure in violation of the approved construction documents or
directive of the building official, or of a permit or certificate issued under the provisions
of this code, shall be subject to penalties as prescribed by law.
113.5 Violation a misdemeanor. Any person violating any of the provisions of
this Chapter or said Building Code shall be deemed guilty of a misdemeanor and shall be
punishable as set out in Section 1.04.020 of this code.
15.04.040. Fees.
Notwithstanding the provisions of Section 15.04.010, Section 108 of Appendix Chapter 1
of said Building Code is hereby amended to read as follows:
SECTION 108
FEES
108.1 General. Fees shall be assessed in accordance with the provisions of this
section.
• 108.2 Permit fees. The fee for each permit shall be as set forth in the latest
resolution adopted by the City Council. The determination of value or valuation under
any of the provisions of this code shall be made by the Building Official. The value to be
used in computing the building permit and building plan review fees shall be the total
value of all construction work for which the permit is issued, as well as all finish work,
painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire -
extinguishing systems and other permanent equipment. Where work for which a permit
is required by this code is started or proceeded with prior to obtaining said permit, the
fees above specified shall be quadrupled, but the payment of such quadrupled fee shall
not relieve any persons from fully complying with the requirements of this code in the
execution of the work nor from any other penalties prescribed herein.
108.3 Plan review fees. When a plan or other data are required to be submitted
by subsection 108.2, a plan review fee shall be paid at the time of submitting plans and
specifications for review. Said plan review fee shall be eighty (80) percent of the
building permit fee.
The plan review fees specified in this subsection are separate fees from the permit
fees specified in section 108.2 and are in addition to the permit fees.
Where plans are incomplete or changed or involve deferred submittals so as to
require additional plan review, an additional plan review fee shall be charged at the rate
• indicated in the executive order,
Cl
• 108.4 Expiration of plan review. Applications for which no permit is issued
within one hundred eighty (180) days following the date of application shall expire by
limitation, and plans and other data submitted for review may thereafter be returned to
the applicant or destroyed by the Building Official. The Building Official may extend the
time for action by the applicant for a period not exceeding one hundred and eighty (180)
days upon request by the applicant showing that circumstances beyond the control of the
applicant have prevented action from being taken. No application shall be extended more
than once. In order to renew action on an application after expiration, the applicant shall
resubmit plans and pay a new plan review fee.
108.5 Fee refunds.
(1) The Building Official may authorize the refunding of any fee paid
hereunder which was erroneously paid or collected.
(2) The Building Official may authorize the refunding of not more than eighty
(80) percent of the permit fee paid when no work has been done under a permit issued in
accordance with this code.
(3) The Building Official may authorize the refunding of not more than eighty
(80) percent of the plan review fee paid when an application for a permit for which a plan
review fee has been paid is withdrawn or canceled before any plan reviewing is done.
The Building Official shall not authorize the refunding of any fee paid except
upon written application filed by the original permittee not later than one hundred eighty
(180) days after the date of fee payment.
15.04.050 Reserved for Future Use
15.04.060 Minimum dwelling unit size.
Notwithstanding the provisions of Section 15.04.010, Section 1208.4 of said Building
Code is hereby amended to read as follows:
Section 1208.4. Minimum Dwelling Unit Size.
1208.4.1 Multifamily dwellings. All multifamily dwelling units, including
duplexes and garage apartments, in the City shall have at least the following gross floor
areas, exclusive of porches, garages, balconies, or other such accessory structures, or
architectural features:
(1) One bedroom or less: Six hundred (600) square feet.
(2) Two bedrooms: Nine hundred (900) square feet.
(3) Three bedrooms: Twelve hundred (1200) square feet.
• (4) Three bedrooms and den, or four bedrooms: Fifteen hundred (1500)
square feet.
4
0 (5) More than four bedrooms: Eighteen hundred (1800) square feet.
1208.4.2 Single-family dwellings. All single-family dwellings in the city shall
have at least the following gross floor areas exclusive of open porches, garages,
balconies, or other such accessory structures or architectural features:
(1) Two bedrooms or less: One thousand (1000) square feet.
(2) Three bedrooms, or two bedrooms and den: Thirteen hundred (1300)
square feet.
(3) Four bedrooms, or three bedrooms and den: Sixteen hundred (1600)
square feet.
(4) More than four bedrooms: Nineteen hundred (1900) square feet.
1208.4.3 Minimum hotel -motel unit size. All hotels, motels or any structure
which is intended for occupancy by transients shall have rooms with a minimum unit size
of at least two hundred (200) square feet, exclusive of bathrooms.
15.04.070 Protection of Private Property During Construction.
Notwithstanding the provisions of Section 15.05.010, Section 3307 of said Building Code
is hereby amended to read as follows:
SECTION 3307
PROTECTION OF ADJOINING PROPERTY
3307.1 Any person, firm or corporation performing any type of construction
work within the city shall protect the structures and properties adjacent to and within the
area of said construction work.
3307.2 The Building Official shall have the authority to stop the construction
work at any time that in his opinion said construction work is causing, or is about to
cause, damage to the adjacent properties. Said work shall not recommence until the time
that the necessary corrections have been made, so that no further damage will occur to the
adjacent property, and written approval is obtained from the Building Official that said
work can recommence.
3307.3 During construction work, if there is damage caused to adjacent
properties, the Building Division shall withhold final inspection of said work until the
damage to the adjoining property is repaired. If there is a dispute between the owner of
the damaged property and the party alleged to have caused said damage, the issue of who
caused the damage will remain a civil matter and final determination will have to be
resolved by the courts. During the interim, while the matter is being resolved, the
contractor or owner of the construction work may receive final inspection from the
Building Division, providing a bond is posted with the City in an amount which the
Building Official reasonably anticipates as necessary to pay for the cost of repair or
damage.
9
3307.4 The bond shall be approved as to form by the City Attorney and held by
the City until the dispute is resolved between the parties or by a court of competent
jurisdiction. In the event that the aggrieved party does not submit proof to the city that an
action has in fact been filed within six (6) months after the issuance of the Certificate of
Occupancy, then the City shall, unless good cause is shown, release the bond.
3307.5 Prior to the commencement of any sandblasting activities, the owner or
contractor shall provide written notice to the property owners and occupants located
within one hundred (100) feet of the sandblasting site that sandblasting will occur. Said
notice shall be provided to the affected property owners and occupants at least forty-eight
(48) hours prior to any sandblasting taking place. The notice shall contain the following
information:
(1) Address where sandblasting will occur;
(2) Date(s) and approximate times sandblasting will occur;
(3) Name, address, telephone number and state license number of contractor;
(4) Name, address and telephone number of the owner of the structure which
is being sandblasted.
15.04.080 Roof covering requirements.
Notwithstanding the provisions of Section 15.05.010, Section 1504 of said Building Code
is hereby amended by adding thereto the following subsection:
1504.9 Roof deck surfaces. Only such sections of a roof which have been
approved by the Building Official to be used as deck space may be covered with
materials designed to be "walking" or "decking" materials. All other portions of the roof
shall be covered with traditional roofing materials such as rolled, gravel, built-up or
composition roofing.
Section 1505 of said Building Code is hereby amended by adding thereto the following
subsection:
1505.6 Class A Roofs Required. The roof covering on any structure regulated by
this code shall be as specified in Table No. 1505.1 and as classified in Section 1505,
except that the minimum roof -covering assembly shall be a class "A" roofing assembly.
The roof -covering assembly includes the roof deck, underlayment, interlayment,
insulation and covering which is assigned a roof -covering classification.
15.04.090. Skylights.
Skylights shall conform to sections 2606 and 2610 of said Building Code.
• 15.04.100 Automatic Sprinkler Systems
L
0,
Notwithstanding the provisions of Section 15.04.010, the following subsections of
Section 903 of said Building Code are hereby amended to read as follows:
(F) 903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for Group A-
2 occupancies where one of the following conditions exists:
The fire area exceeds 3,500 square feet;
The fire area has an occupancy load of 100 or more; or
The fire area is located on a floor other than the level of exit discharge.
(F) 903.2.1.2 Group A-3. An automatic sprinkler system shall be provided for Group A-
3 occupancies where one of the following conditions exists:
The fire area exceeds 3,500 square feet;
The fire area has an occupancy load of 300 or more;
The fire area is located on a floor other than the level of exit discharge.
Exception: Areas used exclusively as participant sports areas where the main floor
area is located at the same level as the level of exit discharge of the main entrance
and exit.
(F) 903.2.6 Group M. An automatic sprinkler system shall be provided throughout
• buildings containing Group M occupancies where one of the following conditions exists:
1, Where the Group M fire area exceeds 3,500 square feet on any floor or 5,000
square feet on all floors; or
2. Where the Group M fire area in located more than one story above grade plane.
(F) 903.2.7 Group R. An automatic sprinkler system installed in accordance with
Section 903.3 shall be provided throughout all buildings with a Group R fire area.
Exceptions:
1, Detached one- and two-family dwellings and multiple single-family dwellings
(town houses) not more than two stories above grade plane in height with a
separate means of egress, unless specifically required by other sections of this
code or classified as Group R-4.
The following subsections of Section 905 of said Building Code are hereby
amended to read as follows:
(F) 905.3.1 Building Height. Class III standpipe systems shall be installed
throughout buildings where the floor level of the highest story is located more the 20
feet above the lowest level of the fire department vehicle access, or where the floor
is
level of the lowest story is located more then 20 feet below the highest level of fire
department vehicle access.
F
0115.04.110 Fire alarm systems.
The following subsections of Section 907 of said Building Code are hereby added
to read as follows:
(F) 907.2.8.2.1 Group R, Division 1. An automatic fire alarm system shall be
installed in apartment houses 3 stories or more in height (mezzanines and lofts shall
be considered as stories), or containing 16 or more dwelling units, and in hotels 3 or
more stories in height or containing 20 or more guest rooms.
15.04.120 [&ction reserved for future use. Text is deleted in its entirety -j.
15.04.130 Assumption of Risk for Below -Grade Construction.
Notwithstanding the provisions of Section 15.04.010, Appendix G of said Building Code
is hereby amended by adding thereto a new Section G104.6 to read as follows:
G104.6 Waiver Required for Below Grade Construction. The building official
shall require execution of a waiver before issuing a permit for construction of buildings
or structures of any occupancy any portion of which is below street grade and/or does not
meet the elevation requirements of Appendix G.
15.04.140 Pedestrian Protection During Construction
Notwithstanding the provisions of Section 15.04.010, Chapter 33 of said Building Code
is hereby amended by adding thereto a new Section 3306.10 to read as follows:
3306.10 Fencing and Pedestrian Protection. Fencing and pedestrian protection
shall be required at all building and demolition sites as follows:
1 Prior to issuance of a demolition or building permit, a pre -demolition site
inspection shall be performed verifying sewer cap and temporary toilet location,
and the capping of electrical, water and gas service to the property.
2. Prior to commencement of work, all new construction or dernolition sites shall
install minimum 6 foot high protective chain link fencing or wood fencing
consistent with Section 3306 of the California Building Code, and Table 3306.1
regardless of distance to the property line. Protective wood canopies shall be
installed prior to commencement of work pursuant to the requirements of Section
3306 and Table 3306.1 of the CBC.
3. A Pedestrian Protection Plan shall be approved identifying all areas of required
pedestrian protection for the property, prior to the issuance of demolition or
building permits. The plan shall indicate all areas of pedestrian: protection or
• indicate why such protection is not required (i.e. exempt due to distance of
construction to property line). The Pedestrian Protection Plan, shall be prepared
by a licensed contractor, engineer or owner -builder and indicate the proposed
protection system to be installed and the method of installation. When conditions
make installation of a pedestrian canopy impractical (i.e. a narrow street or alley)
an alternative method may be shown on the plan such as pedestrian diversion
through use of flag persons and barriers.
4. Any work encroaching into the public right of way or involving pedestrian
diversion shall require Public Works Department approval of permits and
pedestrian protection.
5. In addition to the remedies provided in the Building Code, violations of this
section shall result in revocation or suspension of a building permit pursuant to
the procedures set forth in the Code.(Ord. 06-1269, §3, July, 2006)
15.04.150 Floodplain Management Regulation
Notwithstanding the provisions of Section 15.04.010, said Building Code is hereby
amended by adding the requirement that all construction or other development within any area of
special flood hazard, as determined in Section 8.52.060 of this Code, shall be subject to the
Floodplain Management Regulations set forth in Chapter 8.52 of this Code.
Is CHAPTER 15.08
HOUSING CODE
15.08.010. Adoption of Uniform Housing Code.
Except as hereinafter provided that certain code designated as the "Uniform Housing
Code, 1997 Edition," published by the International Conference of Building Officials, one copy
of which is on file in the office of the City Clerk for public record and inspection, is hereby
adopted by reference and made a part of this chapter as though set forth in this chapter in full,
subject, however, to the amendments, additions and deletions set forth in this chapter, and said
code shall be known as the Housing Code of the City.
Whenever the term "jurisdiction" appears in said code it shall mean and refer to the City
of Hermosa Beach. Whenever the term 'Building Official" appears in said code, it shall mean
and refer to the Director of Community Development of the City of Hermosa Beach or his or her
designee.
15.08.020. Housing Advisory and Appeals Board.
Section 203.1 of the Housing Code is hereby amended to read as follows:
iSECTION 203.1
M
is
In order to provide for the final interpretation and application of the provisions of
this code, including requirements governing alterations, additions and repair of structures
intended for human habitation and buildings and structures accessory thereto, and in
order to hear appeals from the local application of any rule or regulation adopted by the
State Housing and Community Development Commission there is hereby established a
Housing Advisory and Appeals Board. Said Board shall be the same Board of Appeals as
specified in section 112 of the Building Code as amended by section 15.04.020 of this
Code.
Appeals to the board shall be processed in accordance with the provisions
contained in section 1201 of said Code.
Copies of said section shall be made freely accessible to the public by the
Building Official.
If the board determines after a hearing that because of local conditions or factors
it is not reasonable for a rule or regulation of the State Housing and Community
Development Commission to be applied in the City of Hermosa Beach, the rule or
regulation shall have no application within this city and a copy of the determination of
said board, together with a report of the local conditions upon which the determination is
based, shall be filed with the State Department of Housing and Community Development.
15.08.030. Violations.
Section 204 of said Housing Code is hereby amended to read as follows:
SECTION 204.
Any person violating any of the provisions of this chapter or said Housing Code shall be
deemed guilty of a misdemeanor and shall be punishable as set forth in Sections 1.04.010
through 1,12.010 of the Hermosa Beach City Code.
15.08.040. Removal of Housing Advisory Appeals Board Members Prior to Expiration of
Term.
Notwithstanding the provisions of Section 15.08.010, Section 205 of said Housing Code
is hereby amended to read as follows:
SECTION 205.
Any member of the board may be removed prior to the expiration of his or her term by
the affirmative vote of four (4) of the five (5) councilmembers; provided, however, that no
member of the board may be so removed during the first ninety (90) days following any
municipal election at which a member of the city council is elected.
10
• CHAPTER 15.12
MECHANICAL CODE
15.12.010 Adoption of Mechanical Code
Except as hereinafter provided, the California Mechanical Code, 2007 Edition (Part 4 of Title
24 of the California Code of Regulations including all Appendices) is hereby adopted by
reference and made a part of this chapter as though set forth in this chapter in full. Said code
shall comprise the Mechanical Code of the City of Hermosa Beach. A copy of the Mechanical
Code shall be maintained in the office of the City Clerk, and shall be made available for public
inspection while the Code is in force.
Whenever the word "jurisdiction" appears in said code, it shall mean and refer to the City of
Hermosa Beach.
Whenever the term "building official" appears in said code, it shall mean and refer to the
Director of Community Development of the City of Hermosa Beach or his or her designee.
15.12.020 Board of appeals.
Section 110 of Appendix Chapter 1 of said Mechanical Code is hereby amended to read as
• follows:
•
110.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the Building Official relative to the matters described in Section
110.2, there shall be and is hereby created a Board of Appeals consisting of members
who are qualified by experience and training to pass upon matters pertaining to
mechanical design, construction and maintenance and public health aspects of
mechanical systems and who are not employees of the jurisdiction. Said board shall be
the same Board of Appeals specified in section 112 of the Building Code as amended by
section 15.04.020 of this Code.
The Building Official shall be an ex officio member and shall act as secretary to said
board but shall have no vote upon any matter before the board. The board of appeals shall
be appointed by the City Council and shall hold office at its pleasure. The board shall
adopt rules of procedure for conducting its business and shall render all decisions and
findings in writing to the appellant, with a duplicate copy to the Building Official.
110.2 Limitations of authority. The jurisdiction of the Board of Appeals shall
be limited to claims that this code or the rules legally adopted thereunder have been
incorrectly interpreted, the provisions of this code do not fully apply or an equally good
or better method of construction is proposed. The Board of Appeals shall have no
authority to waive requirements of this code.
11
110.3 Quorum for meetings. Three (3) members of said board shall constitute a
quorum. The board shall elect one of its members to act as chairman.
Not less than three (3) days prior to a meeting of said board, written notice shall
be given to each member personally, or by registered mail, provided, however, that any
meeting of said board shall be legal for any purpose if the written consent of all members
of said board to such meeting is executed and filed in the records of such board.
Such board shall have the right, subject to such limits as the City Council may
prescribe by resolution, to employ at the cost and expense of the City, such practicing
architects, competent builders, attorneys and structural engineers as said board in its
discretion may deem reasonable and necessary to assist in its investigation and in making
its findings and decisions.
15.12.030 Mechanical permit fees.
Notwithstanding the provisions of Section 15.12.010, Sections 115.2 and 115.3 of Appendix
Chapter 1 of said Mechanical Code are hereby amended to read as follows:
SECTION 115.
115.2 Permit fees. The fee for each permit shall be as set forth in the latest resolution
• adopted by the City Council.
115.3 Plan review fees. When a plan or other data are required to be submitted
pursuant to Section 115.3, a plan review fee shall be paid at the time of submitting plans
and specifications for review. Said plan review fee shall be equal to eighty (80) percent of
the mechanical permit fee.
CHAPTER 15.16
PLUMBING CODE
15.16.010. Adoption of Plumbing Code.
Except as hereinafter provided, the California Plumbing Code, 2007 Edition (Part 5 of
Title 24 of the California Code of Regulations including all Appendices), not including
Appendices E, F, and G, is hereby adopted by reference and made a part of this chapter as
though set forth in this chapter in full. Said code shall comprise the Plumbing Code of the City
of Hermosa Beach. A copy of the Plumbing Code shall be maintained in the office of the City
Clerk, and shall be made available for public inspection while the Code is in force,
Whenever the word "jurisdiction" appears in said code, it shall mean and refer to the City
of Hermosa Beach.
12
Whenever the term "administrative authority" or "building official" appears in said code,
it shall mean and refer to the Director of Community Development of the City of Hermosa Beach
or his or her designee.
15.16.020 Plumbing permit fees.
Notwithstanding the provisions of Section 15.12.010, Sections 103.4.1 and 103.4.2 of Appendix
Chapter 1 of said Plumbing Code are hereby amended to read as follows:
SECTION 103.
103.4.1 Permit fees. The fee for each permit shall be as set forth in the latest resolution
adopted by the City Council.
103.4.2 Plan review fees. When a plan or other data are required to be submitted
pursuant to Section 103.4.2, a plan review fee shall be paid at the time of submitting
plans and specifications for review. Said plan review fee shall be equal to eighty (80)
percent of the mechanical permit fee.
15.16.030. Board of Appeals.
Section 102.2.7 is hereby added to said Plumbing Code to read as follows:
Section 102.2.7. Board of Appeals
102.2.7.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the Building Official relative to the application and
interpretations of this code, there shall be and is hereby created a board of appeals
consisting of members who are qualified by experience and training to pass upon matters
pertaining to plumbing design, construction and maintenance and public health aspects of
plumbing systems and who are not employees of the jurisdiction. Said board shall be the
same Board of Appeals specified in section 112 of the Building Code as amended by
section 15.04.020 of this Code.
The Building Official shall be an ex officio member and shall act as secretary to
said board but shall have no vote upon any matter before the board. The board of appeals
shall be appointed by the City Council and shall hold office at its pleasure. The board
shall adopt rules of procedure for conducting its business and shall render all decisions
and findings in writing to the appellant, with a duplicate copy to the Building Official.
102.2.7.2 Limitations of authority. The jurisdiction of the board of appeals shall
be limited to claims that this code or the rules legally adopted thereunder have been
incorrectly interpreted, the provisions of this code do not fully apply or an equally good
or better method of construction is proposed. The Board of Appeals shall have no
• authority to waive requirements of this code.
13
102.2.7.3 Quorum for meetings. Three (3) members of said board shall
constitute a quorum. The board shall elect one of its members to act as chairman.
Not less than three (3) days prior to a meeting of said board, written notice shall
be given to each member personally, or by registered mail, provided, however, that any
meeting of said board shall be legal for any purpose if the written consent of all members
of said board to such meeting is executed and filed in the records of such board.
Such board shall have the right, subject to such limits as the City Council may
prescribe by resolution, to employ at the cost and expense of the City, such practicing
architects, competent builders, attorneys and structural engineers as said board in its
discretion may deem reasonable and necessary to assist in its investigation and in making
its findings and decisions.
15.16.040. [Section reserved for future use. Text deleted in it's entirety.]
15.16.050 Installation of Garbage Grinders.
Notwithstanding the provisions of Section 15.16.010, Section 419 of said Plumbing Code
is hereby added to read as follows:
Section 419 Installation of garbage grinders. In new buildings and all
buildings remodeled or altered which are designed, equipped and used for residential
purposes or for the storing or sheltering of food or foodstuffs for human consumption,
including fruits, vegetables and meats, which are to be sold with at retail at stores, clubs,
hotels, restaurants, schools or other food establishments or at wholesale, or which are
prepared at food manufacturing or processing plants, including slaughterhouses, and all
buildings where foods for human consumption are prepared, sold, handled, stored or
served in any manner whatsoever, shall be equipped with an approved type of garbage
grinder, properly connected to the kitchen sink or sewer drain, which grinder and
connections shall be of sufficient size to grind all garbage and food processing wastes
produced in such building, and shall be suitability located so as to discharge such ground
material by flushing it with water through the drain pipes into the sewer; provided,
however, that if in operating any business as hereinabove described, packaged or canned
goods are not opened on the premises, a garbage grinder for such canned or packaged
food shall not be required; provided, further, that in all new buildings designed,
constructed or used for single or multiple family use, and buildings remodeled or altered
for single or multiple use, an approved garage grinder shall be properly connected to the
kitchen sink or sewer drain of each residential unit of such building. Each kitchen sink
drain opening shall be so located and of sufficient size to accommodate a garbage grinder
for the disposal of kitchen wastes.
If no changes in kitchen plumbing drainage are made in single or multiple family
dwellings in the process of remodeling or alterations, a garbage disposal will not be
required.
14
0 15.16.060. Abandoned Sewers and Sewage Disposal Facilities.
Notwithstanding the provisions of Section 15.16.010, Section 722.1 of said Plumbing
Code is hereby amended to read as follows:
Section 722.1.2 Abandoned sewers and sewage disposal facilities. Every
abandoned building (house) sewer or part thereof shall be plugged or capped in an
approved manner as designated by the Building Official. Before any person plugs and/or
caps such sewer or sewage disposal facilities contemplated in this section, he shall first
post a cash bond with the city in an amount of not less than one hundred dollars
($100.00) to guarantee capping of such sewers and/or sewage disposal facilities, such
bond to be returned to the permittee upon completion and inspection to the satisfaction of
the Building Official.
15.16.070 Retrofitting Existing Commercial Kitchens With Grease Recovery Systems.
Notwithstanding the provisions of Section 15.16.010, said Plumbing Code is amended to read as
follows:
Section 1014.1.1 is hereby added to Chapter 10 of said Plumbing Code to read as
follows:
• 1014.1.1.1 For the purposes of Section 1014.1.3, the following terms shall have the
following meanings:
•
Affected establishment means all commercial and institutional food preparation
and food service facilities which discharge wastewater or materials containing fat, oil or
grease, whether emulsified or not, or containing substances which may solidify or
become viscous at temperatures between 0 and 65 degrees Celsius (32-150 degrees F) at
an access in nearest proximity to the point of discharge into the wastewater treatment
system, generally including but not limited to restaurants, bakeries, assisted living
facilities, convalescent homes, butcher shops, cafes, delicatessens, ice cream parlors,
hotels, and grocery stores.
Whenever an affected establishment, as defined above, changes use, or applies for
a building, plumbing, electric, mechanical or any other permit issued by the City, that
establishment may be required to submit a grease recovery analysis showing existing
grease control devices. (Said analysis to consist of complete plumbing and mechanical
schematics for the establishment.) Upon review of the analysis by the City or it's
agent(s), the establishment shall be required to upgrade or improve on its grease recovery
system as deemed appropriate by the review. Said upgrades and improvements may
include but are not limited to; in -ground interception tanks, improved roof top grease
venting systems and absorbent padding and interior fry grease recovery systems.
M
• Grease shall mean grease, or fatty or oily substances and other insoluble waste
that turns or may turn viscous or solidifies with a change in temperature or other
conditions.
Grease removal system means any system that meets the requirements of this
Code and functions to remove grease from drain water prior to its entry into the public
sewer system.
Section 1014.1.1.2 is hereby added to Chapter 10 of said Plumbing Code to read as
follows:
The retrofit installation of an approved grease recovery system shall be required
for all affected establishments. The affected establishment shall have the option to install
any of the required grease recovery systems separately or in combination as prescribed in
Chapter 10. Plans or specifications prepared by a licensed professional engineer or a
licensed plumbing contractor, where required, and the manufacturer's installation and
maintenance instructions shall be submitted to the Community Development Department
(CDD) for approval prior to installation. Any approvals and permits required for work in
the public right-of-way shall be obtained from the Public Works Department.
15.16.080 Maintenance and Annual Inspection of Grease Recovery Systems in
Commercial Kitchens.
• Notwithstanding the provisions of Section 15.16.010, Section 1014.1.4 is hereby added to
Chapter 10 of the Plumbing Code to read as follows:
1014.1.4
Maintenance/Monitoring. It is the responsibility of the owner or operator of every
establishment required to have a grease removal system to maintain the system in a
sanitary, safe, and efficient operating condition so as to prevent grease from flowing into
the sewer system. A grease removal system shall not be considered properly maintained
if for any reason it is not in good working condition or if sediment and/or grease
accumulations total more than 25 percent of the operative fluid capacity. It is the owner
or operator's responsibility to provide for removal of the accumulated grease and other
waste contained in the system. Grease removed from such a system shall not be disposed
Iof in the sanitary or the storm sewer.
Inspection. All owners/operators of establishments with grease recovery systems
shall keep maintenance records and haulers manifests and shall allow City inspection of
grease removal systems from time to time during normal business hours. All applicable
records shall be available to the Director or his representative upon requests. An annual
inspection fee in an amount set forth in the City's Master Schedule of Service Charges
I and Fees shall be paid by the owner/operator at the time of business license renewal.
CHAPTER 15.20
0 FIRE CODE
16
• 15.20.010 Adoption of Fire Code.
Except as hereinafter provided in this Chapter, the California Fire Code, 2007 Edition
(Part 9 of Title 24 of the California Code of Regulations including all Appendices), which
incorporates and amends the International Fire Code is hereby adopted by reference and made a
part of this chapter as though set forth in this chapter in full. Said code shall comprise the Fire
Code of the City of Hermosa Beach. A copy of the Fire Code shall be maintained in the office of
the City Clerk, and shall be made available for public inspection while the Code is in force.
Permits as required by provisions within this Code may be issued for an identified period
of time, subject, however, to the right of the fire chief or his designee to revoke said permit for
misuse or violation of the terms of the permit.
The Fire Code is hereby amended as set out hereinbelow:
15.20.020 Establishment and duties of bureau of fire prevention.
The Fire Code as adopted and amended herein shall be enforced by the Bureau of Fire
Prevention in the Fire Department of the City of Hermosa Beach which is hereby established and
which shall be operated under the supervision of the Chief of the Fire Department.
• 15.20.030 Definitions.
•
Notwithstanding the provisions of Section 15.20.010, Section 202, General Definitions is
amended to add:
"Administrative authority" or "building official" appears in said code, it shall mean and refer to
the Director of Community Development of the City of Hermosa Beach or his or her designee.
"Building Code" shall mean the current edition of the Building Code, including any revisions,
additions, and amendments.
"Corporation counsel" shall mean the attorney for the City of Hermosa Beach.
"Jurisdiction" shall mean the City of Hermosa Beach.
"May" shall mean permissible; the word "Shall" is held to mean mandatory,
15.20.040 District limits in which explosives and blasting agents storage is prohibited
Notwithstanding the provisions of Section 15.20.010, Section 3301 of said Fire Code is
hereby amended to add the following:
Storage of explosives and blasting agents is prohibited for all property zoned for
residential and commercial uses.
15.20.050 District limits where flammable liquids storage in outside aboveground tanks is
restricted.
17
Notwithstanding the provisions of Section 15.20.010, the limits referred to in Section
3404.2.9.5.1 and 3406.2.4.4 of the Fire Code, in which storage of flammable liquids in outside
aboveground tanks is restricted, are hereby established as follows: All property zoned for
residential and commercial uses.
15.20.060 District limits where new bulk plants for flammable or combustible liquids are
prohibited.
Notwithstanding the provisions of Section 15.20.010, the limits referred to in Section 3804.2
of the Fire Code, in which new bulk plants for flammable or combustible liquids are prohibited,
are hereby established as follows: All property zoned for residential and commercial uses.
15.20.070 Bulk storage of liquefied petroleum gases prohibited, where.
Notwithstanding the provisions of Section 15.20.010, the limits referred to in Section 3804.2
of the Fire Code, in which storage of liquefied petroleum gas is restricted, are hereby established
as follows: All property zoned for residential and commercial uses.
15.20.080 Amendments to the Fire Code.
Notwithstanding the provisions of Section 15.20.010, the following subsections of Section 903
of said Fire Code are hereby amended to read as follows:
• 903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for Group A-2
occupancies where one of the following conditions exists:
The fire area exceeds 3,500 square feet;
The fire area has an occupancy load of 100 or more; or
The fire area is located on a floor other than the level of exit discharge.
903.2.1.2 Group A-3. An automatic sprinkler system shall be provided for Group A-3
occupancies where one of the following conditions exists:
The fire area exceeds 3,500 square feet;
The fire area has an occupancy load of 300 or more;
The fire area is located on a floor other than the level of exit discharge.
Exception: Areas used exclusively as participant sports areas where the main floor
area is located at the same level as the level of exit discharge of the main entrance
and exit.
903.2.6 Group M. An automatic sprinkler system shall be provided throughout buildings
containing a Group M occupancies where one of the following conditions exists:
1, Where the Group M fire area exceeds 3,500 square feet on any floor or 5,000
0 square feet on all floors; or
m
0 2. Where the Group M fire area in located more than one story above grade plane.
903.2.7 Group R. An automatic sprinkler system installed in accordance with Section
903.3 shall be provided throughout all buildings with a Group R fire area.
Exceptions:
1, Detached one- and two-family dwellings and multiple single-family dwellings
(town houses) not more than two stories above grade plane in height with a
separate means of egress, unless specifically required by other sections of this
code or classified as Group R-4.
The following subsections of Section 905 of said Fire Code are hereby amended to read
as follows:
905.3.1 Building Height. Class III standpipes systems shall be installed throughout
buildings where the floor level of the highest story is located more the 20 feet above
the lowest level of the fire department vehicle access, or where the floor level of the
lowest story is located more then 20 feet below the highest level of fire department
vehicle access.
The following subsection of Section 907 of said Fire Code is hereby added to read as
• follows:
•
907.2.8.2.1 Group R, Division 1. An automatic fire alarm system shall be installed
in apartment houses 3 stories or more in height (mezzanines and lofts shall be
considered as stories), or containing 16 or more dwelling units, and in hotels 3 or
more stories in height or containing 20 or more guest rooms.
Section 105.1 of Appendix B of said Fire Code is hereby amended to read as follows:
Section 105.1 One- and two-family dwellings.
The minimum fire -flow requirements for one- and two family dwellings not
exceeding two (2) stories in height, shall be one thousand five hundred (1,500) gallons
per minute (for other residential buildings, Table B105.1 will be used). Exception: Fire
flow may be reduced fifty (50) percent when the building is provided with an approved
automatic sprinkler system.
The fire flow for buildings other than one- and two-family dwellings shall be not
less than that specified in Table B105.1, Exception: The required fire flow may be
reduced up to seventy-five (75) percent when the building is provided with an approved
automatic sprinkler system, but in no case less than one thousand five hundred (1,500)
gallons per minute.
19
• In types I and 11 -FR Construction, only the three (3) largest successive floor areas
shall be used.
Appendix C of said Fire Code is hereby amended by adding thereto the following section
to read as follows:
C105.2 The Fire Chief may require closer spacing between hydrants because of
grades, steep inclines or other geographic problems, and accessibility.
15.20.100 Appeals.
Notwithstanding the provisions of Section 15.20.010, Section 108 of Appendix Chapter 1
of said Fire Code is hereby amended to read as follows:
Whenever the Chief of the Fire Department shall disapprove an application or
refuse to grant a permit applied for, or when it is claimed that the provisions of the code
do not apply or that the true intent and meaning of the code have been misconstrued or
wrongly interpreted, the applicant may appeal the decision of the Chief of the Fire
Department to the City Council within thirty (30) days from the date of the decision
appealed.
. 15.20.110 New materials, processes or occupancies which may require permits.
Notwithstanding the provisions of Section 15.20.010, Section 104.9 of Appendix Chapter
1, Alternate materials and methods, of said Fire Code is hereby amended to read as follows:
The Fire Chief, the Fire Department Plan Check Officer, and the Director of the
Community Development Department shall act as a committee to determine and specify
what new materials, processes, or occupancies shall require permits in addition to those
now enumerated in said code after giving affected persons reasonable opportunity to be
heard. The decision of the committee shall be final. The Fire Chief shall post such list in
a conspicuous place in his department and distribute copies thereof to interested persons.
15.20.120 Fireworks Prohibited.
Notwithstanding the provisions of Section 15.20.010, Section 3308.2 is hereby added to
read as follows:
The possession, use and discharge of fireworks, as defined in the Fire Code, is
prohibited within the City limits, with the exception of fireworks displays which are
approved by both the Fire Department and the City Council.
15.20.130 Penalties.
•
20
Any person violating any of the provisions of this code shall be deemed guilty of a
*misdemeanor, punishable as provided by law, The imposition of one penalty for any violation
shall not excuse the violation or permit it to continue; all such persons shall be required to
correct or remedy such violations or defects within a reasonable time; and when not otherwise
specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate
offense.
The application of the above penalty shall not be held to prevent the enforced removal of
prohibited conditions.
CHAPTER 15.24
ABATEMENT OF DANGEROUS BUILDINGS
15.24.010. Adoption of Uniform Code for the Abatement of Dangerous Buildings.
That certain code designated as the "Uniform Code for the Abatement of Dangerous
Buildings, 1997 Edition," published by the International Conference of Building Officials, one
copy of which is on file in the office of the City Clerk for public record and inspection, is hereby
adopted by reference and made a part of this chapter as though set forth in this chapter in full,
subject, however, to the amendments, additions and deletions set forth in this chapter, and said
code shall be known as the Abatement of Dangerous Buildings Code of this city.
Whenever the term "jurisdiction" appears in said code it shall mean and refer to the City
• of Hermosa Beach. Whenever the term "Building Official" appears in said code it shall mean
and refer to the Director of Community Development of the City of Hermosa Beach or his or her
designee.
15.24.020. Purpose and Scope
Notwithstanding the provisions of Section 15.24.010, Section 102.2.1 of said Abatement
of Dangerous Buildings Code is hereby amended to read as follows:
102.2.1 The scope of this code shall include the content of the City of Hermosa Beach
Ordinance Number 94-1114 as though set forth in this section in full.
5.24.030. Section 202 amended --Abatement of dangerous buildings
Notwithstanding the provisions of Section 15.24.010, Section 202 of said Abatement of
Dangerous Buildings Code is amended to read as follows:
SECTION 202 - ABATEMENT OF DANGEROUS BUILDINGS
All buildings or portions thereof which are determined by after inspection by the
Building Official to be dangerous as defined in this code shall be abated by repair, rehabilitation,
demolition or removal in accordance with the procedure specified in Section 401 of this code or
• in section 8.28 of the Hermosa Beach Municipal Code.
21
15.24.040. Board of Appeals.
Notwithstanding the provisions of Section 15.24.010, Section 205 of said Abatement of
Dangerous Buildings code is hereby amended to read as follows:
SECTION 205.
205.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the Building Official relative to the application and interpretation
of this code, there shall be and is hereby created a Board of Appeals consisting of
members who are qualified by experience and training to pass upon matters pertaining to
building construction and who are not employees of the jurisdiction. Said board shall be
the same Board of Appeals specified in section 112 of the Building Code as amended by
section 15.04.020 of this Code.
The Building Official shall be an ex officio member and shall act as secretary to
said board but shall have no vote upon any matter before the board. The board of appeals
shall be appointed by the City Council and shall hold office at its pleasure. The board
shall adopt rules of procedure for conducting its business and shall render all decisions
and 'findings in writing to the appellant, with a duplicate copy to the Building Official.
Appeals to the board shall be processed in accordance with the provisions
contained in Section 1201 of this code. Copies of all rules or regulations adopted by the
• board shall be delivered to the Building Official, who shall make them freely accessible
to the public.
E
205.2 Limitations of authority. The jurisdiction of the board of appeals shall be
limited to claims that this code or the rules legally adopted thereunder have been
incorrectly interpreted, the provisions of this code do not fully apply or an equally good
or better method of construction is proposed. The Board of Appeals shall have no
authority to waive requirements of this code.
15.24.050. Dangerous Buildings.
Notwithstanding the provisions of Section 15.24.010, Sections 302 (19) and 401,.1,1 of
the Abatement of Dangerous Buildings Code are hereby amended to read as follows:
302 (19) Whenever any building has at least one (1) unreinforced masonry
bearing wall and is in existence without being retrofit after the date shown on Table A 1
G of this code.
401.1.1 When the Building Official has determined that any building described in
Section 302 (19) of this code has not been abated as of the date shown in Table AI -G the
Building Official shall commence proceedings to cause repair, vacation or demolition of
the building
0%
• CHAPTER 15.28
EXISTING BUILDINGS
15.28.010. Adoption of Existing Building Code.
Except as hereinafter provided, the California Existing Building Code 2007 Edition (Part
10 of Title 24 of the California Code of Regulations including all Appendices) is hereby adopted
by reference and made a part of this chapter as though set forth in this chapter in full. Said code
shall comprise the Existing Building Code of the City of Hermosa Beach. A copy of said code
shall be maintained in the office of the City Clerk, and shall be made available for public
inspection while the code is in force.
CHAPTER 15.32
ELECTRICAL CODE
15.32.010. Adoption of Electrical Code.
Except as hereinafter provided, the California Electrical Code, 2007 Edition (Part 3 of
Title 24 of the California Code of Regulations including all Appendices) is hereby adopted by
reference and made a part of this chapter as though set forth in this chapter in full. Said code
shall comprise the Electrical Code of the City of Hermosa Beach. A copy of the Electrical Code
shall be maintained in the office of the City Clerk, and shall be made available for public
• inspection while the Code is in force.
Whenever the word "jurisdiction" appears in said code, it shall mean and refer to the City
of Hermosa Beach.
Whenever the term "building official" appears in said code, it shall mean and refer to the
Director of Community Development of the City of Hermosa Beach or his or her designee.
15.32.020. Fees.
Notwithstanding the provisions of Section 15.32.010, Section 89.108.4.2 of said Electrical
Code is hereby amended to read as follows:
SECTION 89.108.4.2 The fee for each permit shall be as set forth in the latest resolution
adopted by the City Council. When a plan or other data are required to be submitted
pursuant to Section 115.3, a plan review fee shall be paid at the time of submitting plans
and specifications for review. Said plan review fee shall be equal to eighty (80) percent of
the mechanical permit fee.
For purposes of determining fees only, the following definitions shall apply:
89.108.4.2.1 New general use branch circuits.
23
• 1, The fees prescribed apply to new branch circuit wiring and the lighting
fixtures, switches, receptacles, appliances or other utilization equipment permitted
to be supplied by these branch circuits.
2. For the purposes of this subsection, each ungrounded conductor of a
multiwire branch circuit supplying one appliance may be counted as one circuit.
3. For the purposes of this subsection, three-phase lighting branch circuits
are counted as two (2) branch circuits.
89.108.4.2.2 Adding outlets (to existing branch circuits) or temporary lights and yard
lighting.
1, Each outlet added to an existing branch circuit shall be counted as one unit
and each lighting fixture connected thereto shall be counted as an additional unit
except as modified in the following provisions of this subsection.
2. An outlet shall mean a point or place on a fixed -wiring installation from
which electric current is controlled, or is supplied to a lamp, lighting fixture, fan,
clock, heater, range, motor, or other electrical. appliance or equipment.
3. An outlet box for two (2) or more switches or receptacles shall be
considered as one unit.
89.108.4.2.3 Motors, transformers, heating appliances and miscellaneous equipment or
appliances.
1. The fees prescribed cover the inspection of the supply branch circuit and
• the utilization equipment supplied therefrom and the control equipment therefor.
2. Except where supplied by branch circuits rated over fifty (50) amperes, the
fees required apply only to nondwelling occupancies. The fee for each motor,
transformer, heating appliance, welder, rectifier, x-ray machine, storage battery
system, infrared industrial heating appliance, cooking or baking equipment, studio
effects lighting, and other miscellaneous equipment or appliances shall be given
in the rating table of the resolution order.
3. Where fixed equipment is supplied by flexible cords to facilitate servicing
or replacement, those fees shall also apply to each receptacle outlet installed for
the supply of portable equipment rated larger than three (3) H.P., K.W., or K.V.A.
4. For any equipment or appliance containing more than one motor, or other
current consuming utilization components in addition to the motor or motors, the
combined electrical ratings converted to K.V.A. of all shall be used to determine
the fee. For the purpose of this subsection, one H.P or one K.W is equivalent to
one K.V.A. The total ampere ratings of all receptacles installed on a factory
fabricated wireway assembly for studio effects lighting may be used in computing
the fees therefor.
5. The fees for a change of location or replacement of equipment on the same
premises shall be the same as that for a new installation. However, no fees shall
be required for moving any temporary construction motor from one place to
another on the same site during the time of actual construction work after a permit
has once been obtained for such motor and the fees required therefor have been
paid.
24
89.108.4.2.4 Required fire warning, communications and emergency control systems.
For the purposes of this subsection, devices shall include all signaling equipment,
stations, power equipment such as damper actuators or door holding device, and
communication jacks or outlets.
89.108.4.2.5 Service and switchboard sections.
1. Fees shall be required for the installation, reinstallation, replacement or
alteration of each service and each switch board section.
2. For the purpose of this subsection, a switch board section means any
portion of complete switchboard, distribution board, or motor control center
which. is pre -vented by the structural framework from being separated into
smaller units.
3. The fees for services shad be determined from the ampacity of the set of
service entrance conductors or the total ampere rating of the service equipment.
4. No fee need be paid for switchboard section which incorporates service
equipment for which service fees were paid.
15.32.030. Condominium Installations.
Where conductors serving a condominium pass through a condominium which they do
not serve, as in the case of multifamily dwelling structures, said conductors shall be enclosed in
an approved conduit or raceway.
• 15.32.040. Underground Service Laterals Required for New Construction.
•
All new buildings and structures in the city shall provide underground electrical and
communications service laterals on the premises to be served, as hereinafter required.
15.32.050. Service Wires and Cables to be Underground for New Buildings.
All electrical, telephone, community antenna television system (CATV), and similar
service wires or cables which provide direct service to new buildings and structures shall be
installed underground in compliance with all applicable building and Electrical Codes, safety
regulations and orders, and the rules of the public utilities commission of the State of California.
15.32.060. Existing Buildings.
Such service wires shall also be placed underground when existing buildings or structures
are repaired, remodeled or expanded, except where no new dwelling units are created and where
the value of such repairs or remodeling in a five-year period exceeds fifty percent (50%) of the
value of the existing structure.
25
• 15.32.070. Responsibility for Compliance.
The developer and owner are jointly and severally responsible for complying with the
requirements of this chapter and shall make the necessary arrangements with the utility
companies for the installation of such facilities.
15.32.080. Appurtenances.
For the purposes of this chapter, appurtenances and associated equipment, such as, but
not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter
cabinets and concealed ducts in an underground system may be placed above ground if permitted
by and in accordance with the rules of the state Public Utilities Commission.
15.32.090. Risers.
Risers on poles and buildings are permitted and shall be provided by the developer or
owner on the pole which services said property.
15.32.100. Waiver of Underground Requirements.
All construction in excess of fifty (50) percent of the value of the existing structure, shall
require underground installations except where Southern California Edison deems in writing
•such underground installations infeasible based upon its service requirements or to unavailability
of necessary easements.
15.32.110. Existing Underground Areas.
On streets where electrical and communications lines have been placed underground or
where no overhead lines presently exist on or before July 1, 1977, said lines shall remain
permanently underground and no additional electric or communications service facilities shall be
added on said streets unless they are placed underground.
15.32.120. Application.
Section 15.32.040 of this Code shall not apply to utility lines which do not provide
service in the area being developed.
15.32.130 Temporary Power Pole Required on Construction Sites.
All construction sites for which temporary power must be supplied because there is no
electrical service shall provide a temporary power pole prior issuance of a building permit. Said
power pole shall remain installed until the project has received final approval and electrical
service has commenced. Generators are prohibited as a substitute for a temporary power pole.
15.32.140 Required connecting conduit to accommodate roof mounted alternative energy
equipment.
26
To assist and encourage the installation of roof mounted energy collection/generation
devices for new residential construction or additions or remodels where the value of the addition
or remodel exceeds fifty (50) percent of the valuation of the existing building shall include the
installation of an appropriately sized conduit from the roof to the service panel. Said electric
service panel shall be of adequate size to provide capacity for the future addition of a
photovoltaic or other alternative energy producing device.
Editor's Note: The sections and appendices of California Building Standards Code
amended hereinabove are as follows:
Building Code Section 108 of Appendix Chapter 1
Building Code Section 112 of Appendix Chapter 1
Building Code Section 113 of Appendix Chapter 1
Building Code Sections 3 10. 10 and 903 of Appendix G
Building Code Section 1208.4
Building Code Section 1504
Building Code Section 1505
Building Code Section 3307
Building Code Section 3306.10
Building Code Section G104.6
Housing Code Section 203.1
•Housing Code Section 204
Housing Code Section 205
Mechanical Code Section 110 of Appendix Chapter 1
Mechanical Code Sections 115.2 and 115.3 of Appendix Chapter 1
Plumbing Code Table 1-1
Plumbing Code Section 102.2.7
Plumbing Code Section 419
Plumbing Code Section 722.1
Plumbing Code Section 1014.1.1 and 10 14.1.4
Fire Code Secs. 104.9, 108, 202, 3301, 3308.2, 3404.2.9.5.1, 3406.2.4.4, 3804.2
Abatement of Dangerous Buildings Code Section 102.2.1
Abatement of Dangerous Buildings Code Section 202
Abatement of Dangerous Buildings Code Section 205
Abatement of Dangerous Buildings Code Sections 302 (19) and 401,.1,1
Electrical Code Section 89.108.4
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ORDINANCE NO. 07-1289
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
ADOPTING BY REFERENCE TITLE 24 OF THE CALIFORNIA CODE OF
REGULATIONS ALSO KNOWN AS THE CALIFORNIA BUILDING
STANDARDS CODE, COMPRISED OF VARIOUS BUILDING AND
OTHER CODES, AMENDING PORTIONS OF SAID TITLE, AND
AMENDING TITLE 15 OF THE HERMOSA BEACH MUNICIPAL CODE
WHEREAS, on July 1, 2007, the State Building Standards Commission approved and
published the 2007 edition of the California Building Standards Code, which incorporated the
various editions of the Uniform Codes by reference with necessary California amendments; and
WHEREAS, Health and Safety Code Sections 18938 and 17958 make the California
Building Standards Code applicable to all cities and counties throughout California, including the
City of Hermosa Beach, 180 days after publication by the State Building Standards Commission,
which is January 1, 2008, and
WHEREAS, Health and Safety Code Section 18941.5 provides that a City may establish
more restrictive building standards if they are reasonably necessary due to local climatic,
geological or topographical conditions; and
WHEREAS, based upon the findings contained in the Resolution adopted concurrently
with this Ordinance, the City Council has found that certain modifications and additions to the
California Building Standards Code are reasonably necessary based upon local climatic,
topographical and geological conditions; and
WHEREAS, the City Council conducted a duly noticed public hearing to consider and
review the Uniform Codes and local amendments, at which testimony and evidence was presented
to and considered by the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA'i
I BEACH DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Title 15 of the Hermosa Beach Municipal Code is hereby amended as set
I out in Exhibit A attached hereto.
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SECTION 2. All inconsistencies between the Building and other Codes adopted by this
ordinance and the 2007 editions of the California Uniform Codes are hereby deemed changes,
modifications, amendments, additions or deletions thereto authorized by California Health and
Safety Sections 17958.5 and 17958.7
SECTION 3. The provisions of the Building Code in effect prior to the effective date of
this Ordinance shall continue to govern construction for projects for which plans were submitted
for plan check prior to the effective date of this Ordinance, and for which the initial permit is
issued not later than one hundred and eighty (180) days after said effective date.
SECTION 4. To the extent the provisions of this ordinance are substantially the same as
previous provisions of the Hermosa Beach Municipal Code, these provisions shall be construed as
continuations of those provisions and not as new enactments.
SECTION 5. If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance or any part hereof or exhibit hereto is for any reason held to be invalid,
such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part
thereof or exhibit thereto. The City Council of the City of Hermosa Beach hereby declares that it
would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase
hereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases be declared invalid.
SECTION 6. Prior to the expiration.of fifteen (15) days after the date of its adoption, the
City Clerk shall cause a summary of this ordinance to be published in the Easy Reader, a weekly
newspaper of general circulation published and circulated in the City of Hermosa Beach in the
manner provided by law.
SECTION 7. The City Clerk shall certify to the passage and adoption of this ordinance,
shall enter the same in the book of original ordinances of the City of Hermosa Beach, and shall
make minutes of the passage and adoption thereof in the records of the proceedings of the City
Council as which the same is passed and adopted.
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SECTION 8. 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 this 11 th of December 2007 by the following vote:
AYES:
Bobko, DiVirgilio, Reviczky, Tucker, Mayor Keegan
NOES:
None
ABSENT-
None
ABSTAIN:
None
PRESIDENf of the City Council
R of the City of Hermosa Beach, California
APPROVED AN TO FORM:
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07-1289
• STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 07-1289 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 11 th of December 2007, and a
summary of said ordinance was published in the Easy Reader newspaper on December 6,
2007, and December 20, 2007
• The vote was as follows:
AYES: Bobko, DiVirgilio, Reviczky, Tucker, Mayor Keegan
NOES: None
ABSENT: None
ABSTAIN: None
DATED: January 8, 2008
City Clerk
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EXHIBIT. A:
AMENDMENTS TO TITLE 15 OF THE HERMOSA BEACH. MUNICIPAL CODE
The sections of Title 15 amended herein are listed at the end of this Exhibit. Chapters and
sections not listed or referenced herein are retained as is.
TITLE 15
CHAPTER 15.04
BUILDINGS AND CONSTRUCTION
15.04.010. Adoption of Building Code.
Except as hereinafter provided and as provided in Chapter 15.40, the California Building
Code 2007 Edition (Part 2 of Title 24 of the California Code of Regulations), including
Appendix Chapter 1, and Appendices F, G and J, and not including Appendices A, B, C, D, H,
and I, is hereby adopted by reference and made a part of this chapter as though set forth in this
chapter in full. Said Code shall comprise the Building Code of the City of Hermosa Beach. A
copy of the Building Code shall be maintained in the office of the City Clerk and shall be made
available for public inspection while the Code is in force.
0Whenever the word "jurisdiction" appears in this code, it shall mean and refer to the City
of Hermosa Beach.
Whenever the term 'Building Official" appears in this code, it shall mean and refer to the
Director of Community Development of the City of Hermosa Beach, or his or her designee.
15.04.020. Board of Appeals.
Section 112 of Appendix Chapter 1 of said Building Code is hereby amended to read as
follows:
SECTION 112
BOARD OF APPEALS
112.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the Building Official relative to the matters described in Section
112.2, there shall be and is hereby created a Board of Appeals consisting of five (5)
members who are qualified by experience and training to pass upon matters pertaining to
building construction and who are not employees of the jurisdiction. The Building
Official shall be an ex officio member of and shall act as secretary to said board but shall
have no vote upon any matter before the board. The Board of Appeals shall be appointed
by the City Council and shall hold office at its pleasure. The board shall adopt rules
procedure for conducting its business and shall render all decisions and findings in
• writing to the appellant with a duplicate copy to the Building Official.
• 112.2 Limitations of authority. The jurisdiction of the Board of Appeals shall
be limited to claims that this code or the rules legally adopted thereunder have been
incorrectly interpreted, the provisions of this code do not fully apply or an equally good
or better method of construction is proposed. The Board of Appeals shall have no
authority to waive requirements of this code.
112.3 Quorum for meetings. Three (3) members of said board shall constitute a
quorum. The board shall elect one of its members to act as chairman.
Not less than three (3) days prior to a meeting of said board, written notice shall
be given to each member personally, or by registered mail, provided, however, that any
meeting of said board shall be legal for any purpose if the written consent of all members
of said board to such meeting is executed and filed in the records of such board.
Such board shall have the right, subject to such limits as the City Council may
prescribe by resolution, to employ at the cost and expense of the City, such practicing
architects, competent builders, attorneys and structural engineers as said board in its
discretion may deem reasonable and necessary to assist in its investigation and in making
its findings and decisions.
15.04.030. Violations.
•Violations of said Building Code shall be punishable as provided in section 113 of
Appendix Chapter 1 of said Code as follows.
SECTION 113
VIOLATIONS
113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to
erect, construct, enlarge, alter, extend, repair, move, improve, remove, convert or
demolish, equip, use, occupy or maintain any building or structure or cause or permit the
same to be done in violation of this code.
113.2 Notice of violation. The building official is authorized to serve a notice of
violation or order on the person responsible for the erection, construction, alteration,
extension, repair, moving, removal, demolition or occupancy of a building or structure in
violation of the provisions of this code or in violation of a permit or certificate issued
under the provisions of this code. Such order shall direct the discontinuance of the illegal
action or condition and the abatement of the violation.
113.3 Prosecution of violation. If the notice of violation is not complied with
promptly, the building official is authorized to request the legal counsel of the jurisdiction
to institute the appropriate proceeding at law or in equity to restrain, correct or abate such
violation, or to require the removal or termination of the unlawful occupancy of the
• building or structure in violation of the provisions of this code or of the order or direction
made pursuant thereto.
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113.4 Violation penalties. Any person who violates a provision of this code or
fails to comply with any of the requirements thereof or who erects, constructs, alters or
repairs a building or structure in violation of the approved construction documents or
directive of the building official, or of a permit or certificate issued under the provisions
of this code, shall be subject to penalties as prescribed by law.
113.5 Violation a misdemeanor. Any person violating any of the provisions of
this Chapter or said Building Code shall be deemed guilty of a misdemeanor and shall be
punishable as set out in Section 1.04.020 of this code.
15.04.040. Fees.
Notwithstanding the provisions of Section 15.04.010, Section 108 of Appendix Chapter 1
of said Building Code is hereby amended to read as follows:
SECTION 108
FEES
108.1 General. Fees shall be assessed in accordance with the provisions of this
section.
• 108.2 Permit fees. The fee for each permit shall be as set forth in the latest
resolution adopted by the City Council. The determination of value or valuation under
any of the provisions of this code shall be made by the Building Official. The value to be
used in computing the building permit and building plan review fees shall be the total
value of all construction work for which the permit is issued, as well as all finish work,
painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire -
extinguishing systems and other permanent equipment. Where work for which a permit
is required by this code is started or proceeded with prior to obtaining said permit, the
fees above specified shall be quadrupled, but the payment of such quadrupled fee shall
not relieve any persons from fully complying with the requirements of this code in the
execution of the work nor from any other penalties prescribed herein.
108.3 Plan review fees. When a plan or other data are required to be submitted
by subsection 108.2, a plan review fee shall be paid at the time of submitting plans and
specifications for review. Said plan review fee shall be eighty (80) percent of the
building permit fee.
The plan review fees specified in this subsection are separate fees from the permit
fees specified in section 108.2 and are in addition to the permit fees.
Where plans are incomplete or changed or involve deferred submittals so as to
require additional plan review, an additional plan review fee shall be charged at the rate
• indicated in the executive order,
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• 108.4 Expiration of plan review. Applications for which no permit is issued
within one hundred eighty (180) days following the date of application shall expire by
limitation, and plans and other data submitted for review may thereafter be returned to
the applicant or destroyed by the Building Official. The Building Official may extend the
time for action by the applicant for a period not exceeding one hundred and eighty (180)
days upon request by the applicant showing that circumstances beyond the control of the
applicant have prevented action from being taken. No application shall be extended more
than once. In order to renew action on an application after expiration, the applicant shall
resubmit plans and pay a new plan review fee.
108.5 Fee refunds.
(1) The Building Official may authorize the refunding of any fee paid
hereunder which was erroneously paid or collected.
(2) The Building Official may authorize the refunding of not more than eighty
(80) percent of the permit fee paid when no work has been done under a permit issued in
accordance with this code.
(3) The Building Official may authorize the refunding of not more than eighty
(80) percent of the plan review fee paid when an application for a permit for which a plan
review fee has been paid is withdrawn or canceled before any plan reviewing is done.
• The Building Official shall not authorize the refunding of any fee paid except
upon written application filed by the original permittee not later than one hundred eighty
(180) days after the date of fee payment.
15.04.050 Reserved for Future Use
15.04.060 Minimum dwelling unit size.
Notwithstanding the provisions of Section 15.04.010, Section 1208.4 of said Building
Code is hereby amended to read as follows:
Section 1208.4. Minimum Dwelling Unit Size.
1208.4.1 Multifamily dwellings. All multifamily dwelling units, including
duplexes and garage apartments, in the City shall have at least the following gross floor
areas, exclusive of porches, garages, balconies, or other such accessory structures or
architectural features:
(1) One bedroom or less: Six hundred (600) square feet.
(2) Two bedrooms: Nine hundred (900) square feet.
(3) Three bedrooms: Twelve hundred (1200) square feet.
• (4) Three bedrooms and den, or four bedrooms: Fifteen hundred (1500)
square feet.
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• (5) More than four bedrooms: Eighteen hundred (1800) square feet.
1208.4.2 Single-family dwellings. All single-family dwellings in the city shall
have at least the following gross floor areas exclusive of open porches, garages,
balconies, or other such accessory structures or architectural features:
(1) Two bedrooms or less: One thousand (1000) square feet.
(2) Three bedrooms, or two bedrooms and den: Thirteen hundred (1300)
square feet.
(3) Four bedrooms, or three bedrooms and den: Sixteen hundred (1600)
square feet.
(4) More than four bedrooms: Nineteen hundred (1900) square feet.
1208.4.3 Minimum hotel -motel unit size. All hotels, motels or any structure
which is intended for occupancy by transients shall have rooms with a minimum unit size
of at least two hundred (200) square feet, exclusive of bathrooms.
15.04.070 Protection of Private Property During Construction.
Notwithstanding the provisions of Section 15.05.010, Section 3307 of said Building Code
is hereby amended to read as follows:
• SECTION 3307
PROTECTION OF ADJOINING PROPERTY
3307.1 Any person, firm or corporation performing any type of construction
work within the city shall protect the structures and properties adjacent to and within the
area of said construction work.
3307.2 The Building Official shall have the authority to stop the construction
work at any time that in his opinion said construction work is causing, or is about to
cause, damage to the adjacent properties. Said work shall not recommence until the time
that the necessary corrections have been made, so that no further damage will occur to the
adjacent property, and written approval is obtained from the Building Official that said
work can recommence.
3307.3 During construction work, if there is damage caused to adjacent
properties, the Building Division shall withhold final inspection of said work until the
damage to the adjoining property is repaired. If there is a dispute between the owner of
the damaged property and the party alleged to have caused said damage, the issue of who
caused the damage will remain a civil matter and final determination will have to be
resolved by the courts. During the interim, while the matter is being resolved, the
contractor or owner of the construction work may receive final inspection from the
Building Division, providing a bond is posted with the City in an amount which the
• Building Official reasonably anticipates as necessary to pay for the cost of repair or
damage.
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• 3307.4 The bond shall be approved as to form by the City Attorney and held by
the City until the dispute is resolved between the parties or by a court of competent
jurisdiction. In the event that the aggrieved party does not submit proof to the city that an
action has in fact been filed within six (6) months after the issuance of the Certificate of
Occupancy, then the City shall, unless good cause is shown, release the bond.
3307.5 Prior to the commencement of any sandblasting activities, the owner or
contractor shall provide written notice to the property owners and occupants located
within one hundred (100) feet of the sandblasting site that sandblasting will occur, Said
notice shall be provided to the affected property owners and occupants at least forty-eight
(48) hours prior to any sandblasting taking place. The notice shall contain the following
information:
(1) Address where sandblasting will occur;
(2) Date(s) and approximate times sandblasting will occur;
(3) Name, address, telephone number and state license number of contractor;
(4) Name, address and telephone number of the owner of the structure which
is being sandblasted.
15.04.080 Roof covering requirements.
Notwithstanding the provisions of Section 15.05.010, Section 1504 of said Building Code
• is hereby amended by adding thereto the following subsection:
1504.9 Roof deck surfaces. Only such sections of a roof which have been
approved by the Building Official to be used as deck space may be covered with
materials designed to be "walking" or "decking" materials. All other portions of the roof
shall be covered with traditional roofing materials such as rolled, gravel, built-up or
composition roofing.
Section 1505 of said Building Code is hereby amended by adding thereto the following
subsection:
1505.6 Class A Roofs Required. The roof covering on any structure regulated by
this code shall be as specified in Table No. 1505.1 and as classified in Section 1505,
except that the minimum roof -covering assembly shall be a class "A" roofing assembly.
The roof -covering assembly includes the roof deck, underlayment, interlayment,
insulation and covering which is assigned a roof -covering classification.
15.04.090. Skylights.
Skylights shall conform to sections 2606 and 2610 of said Building Code.
• 15.04.100 Automatic Sprinkler Systems
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• Notwithstanding the provisions of Section 15.04.010, the following subsections of
Section 903 of said Building Code are hereby amended to read as follows:
(F) 903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for Group A-
2 occupancies where one of the following conditions exists:
The fire area exceeds 3,500 square feet;
The fire area has an occupancy load of 100 or more; or
The fire area is located on a floor other than the level of exit discharge.
(F) 903.2.1.2 Group A-3. An automatic sprinkler system shall be provided for Group A-
3 occupancies where one of the following conditions exists:
The fire area exceeds 3,500 square feet;
The fire area has an occupancy load of 300 or more;
The fire area is located on a floor other than the level of exit discharge.
Exception: Areas used exclusively as participant sports areas where the main floor
area is located at the same level as the level of exit discharge of the main entrance
and exit.
(F) 903.2.6 Group M. An automatic sprinkler system shall be provided throughout
• buildings containing Group M occupancies where one of the following conditions exists:
1, Where the Group M fire area exceeds 3,500 square feet on any floor or 5,000
square feet on all floors; or
2. Where the Group M fire area in located more than one story above grade plane.
(F) 903.2.7 Group R. An automatic sprinkler system installed in accordance with
Section 903.3 shall be provided throughout all buildings with a Group R fire area.
Exceptions:
1, Detached one- and two-family dwellings and multiple single-family dwellings
(town houses) not more than two stories above grade plane in height with a
separate means of egress, unless specifically required by other sections of this
code or classified as Group R-4.
The following subsections of Section 905 of said Building Code are hereby
amended to read as follows:
(F) 905.3.1 Building Leight. Class III standpipe systems shall be installed
throughout buildings where the floor level of the highest story is located more the 20
feet above the lowest level of the fire department vehicle access, or where the floor
• level of the lowest story is located more then 20 feet below the highest level of fire
department vehicle access.
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• 15.04.110 Fire alarm systems.
The following subsections of Section 907 of said Building Code are hereby added
to read as follows:
(F) 907.2.8.2.1 Group R, Division 1. An automatic fire alarm system shall be
installed in apartment houses 3 stories or more in height (mezzanines and lofts shall
be considered as stories), or containing 16 or more dwelling units, and in hotels 3 or
more stories in height or containing 20 or more guest rooms.
15.04.120 [Section reserved for future use. Text is deleted, in its entirety].
15.04.130 Assumption of Risk for Below -Grade Construction.
Notwithstanding the provisions of Section 15.04.010, Appendix G of said Building Code
is hereby amended by adding thereto a new Section G104.6 to read as follows:
G104.6 Waiver Required for Below Grade Construction. The building official
shall require execution of a waiver before issuing a permit for construction of buildings
or structures of any occupancy any portion of which is below street grade and/or does not
meet the elevation requirements of Appendix G.
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15.04..40 Pedestrian Protection During Construction
Notwithstanding the provisions of Section 15.04.010, Chapter 33 of said Building Code
is hereby amended by adding thereto a new Section 3 306. 10 to read as follows:
3306.10 Fencing and Pedestrian Protection. Fencing and pedestrian protection
shall be required at all building and demolition sites as follows:
1. prior to issuance of a demolition or building permit, a pre -demolition site
inspection shall be performed verifying sewer cap and temporary toilet 'location,
and the capping of electrical, water and gas service to the property.
2. Prior to commencement of work, all new construction or demolition sites shall
install minimum 6 foot high protective chain link fencing or wood fencing
consistent with Section 3306 of the California Building Code, and Table 3306.1
regardless of distance to the property line. Protective wood canopies shall be
installed prior to commencement of work pursuant to the requirements of Section
3306 and Table 3306.1 of the CBC.
3. A Pedestrian. Protection Plan shall be approved identifying all areas of required
• pedestrian protection for the property, prior to the issuance of demolition or
building permits. The plan shall indicate all areas of pedestrian protection or
• indicate why such protection is not required (i.e. exempt due to distance of
construction to property line). The Pedestrian Protection Plan, shall be prepared
by a licensed contractor, engineer or owner -builder and indicate the proposed
protection system to be installed and the method of installation. When conditions
make installation of a pedestrian canopy impractical (i.e. a narrow street or alley)
an alternative method may be shown on the plan such as pedestrian diversion
through use of flag persons and barriers.
4. Any work encroaching into the public right of way or involving pedestrian
diversion shall require Public Works Department approval of permits and
pedestrian protection.
5. In addition to the remedies provided in the Building Code, violations of this
section shall result in revocation or suspension of a building permit pursuant to
the procedures set forth in the Code.(Ord. 06-1269, §3, July, 2006)
15.04.150 Floodplain Management Regulation
Notwithstanding the provisions of Section 15.04.010, said Building Code is hereby
amended by adding the requirement that all construction or other development within any area of
special flood hazard, as determined in Section 8.52.060 of this Code, shall be subject to the
Floodplain Management Regulations set forth in Chapter 8.52 of this Code.
• CHAPTER 15.08
HOUSING CODE
15.08.010. Adoption of Uniform Housing Code.
Except as hereinafter provided that certain code designated as the "Uniform Housing
Code, 1997 Edition," published by the International Conference of Building Officials, one copy
of which is on 'file in the office of the City Clerk for public record and inspection, is hereby
adopted by reference and made a part of this chapter as though set forth in this chapter in full,
subject, however, to the amendments, additions and deletions set forth in this chapter, and said
code shall be known as the Housing Code of the City.
Whenever the term "jurisdiction" appears in said code it shall mean and refer to the City
of Hermosa Beach. Whenever the term 'Building Official" appears in said code, it shall mean
and refer to the Director of Community Development of the City of Hermosa Beach or his or her
designee.
15.08.020. Housing Advisory and Appeals Board.
Section 203.1 of the Housing Code is hereby amended to read as follows:
• SECTION 203.1
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• In order to provide for the final interpretation and application of the provisions .of
this code, including requirements governing alterations, additions and repair of structures
intended for human habitation and buiidmgss'and'strao-tures abt-essor- hereto, and in
order to hear appeals from the local application: ori ally .r -le or}:regulatieri 'adopted by the
State Housing and Community Development Comrnassion there is hereby established a
Housing .Advisory and Appeals Board. Said Board shall be the same Board of Appeals as
specified in section 112 of the Building Code as amended by'section 1 5.04.020 of this
Code.
Appeals to the board shall be processed in accordance with the provisions
contained in section 1201 of said Code.
Copies of said section :shall be made accessible to the public by the
Building Official.
If the board determines after a hearing that because of locai conditions or factors
it .is, :not reasonable for a rule or regulation of the State Housing and Community
Development Commission to be applied in the C-iiii of Hermosa Beach, the ,.-ule or
regulation shall have no application within this city and a ropy of the determination of
sa drboard, together with a report oaf the local conditions upon which the determination is
based, shall be iled with the State Department of Mousing and Community Development.
• 15.08.030., Violations.
f ; Seetion L04 of said Mousing Code is. hereby amended to read as follows:
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SECTION 204.
Aaiy,-person violating any of the provisions of this chapter or said Housing Code shall be
deemed guilty of a misdemeanor and shall be punishable as set forth in Sections 1.04.010
through ? I2.010 of the Hermosa Beach City Code.
15.08.040. Removal of Housing Advisory Appeals Board Members Prior to Expiration of
Term.
Notwithstanding the provisions of Section: 1-50.010, Section 20 of said Housing: Code
is hereby amended to read as follows:
SECTION 205.
Any member of the board may be removed prior to the expiration of his or her term by
the affrmative vote. -of four (4) of the five (S) councilmembers,- provided; however, that no
member of the board may be. so removed during the first ninety (90) days following any
municipal election at which a member of the city council is elected.
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• CHAPTER 15.12
MECHANICAL CODE
15.12.010 Adoption of Mechanical Code
Except as hereinafter provided, the California Mechanical Code, 2007 Edition (Part 4 of Title
24 of the California Code of Regulations including all Appendices) is hereby adopted by
reference and made a part of this chapter as though set forth in this chapter in full. Said code
shall comprise the Mechanical Code of the City of Hermosa Beach. A copy of the Mechanical
Code shall be maintained in the office of the City Clerk, and shall be made available for public
inspection while the Code is in force.
Whenever the word "jurisdiction" appears in said code, it shall mean and refer to the City of
Hermosa Beach.
Whenever the term "building official" appears in said code, it shall mean .and refer to the
Director of Community Development of the City of Hermosa Beach or his or her designee.
15.12.020 Board of appeals.
Section 110 of Appendix Chapter 1 of said Mechanical Code is hereby amended to read as
• follows:
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110.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the Building Official relative to the matters described in Section
110.2, there shall be and is hereby created a Board of Appeals consisting of members
who are qualified by experience and training to pass upon matters pertaining to
mechanical design, construction and maintenance and public health aspects of
mechanical systems and who are not employees of the jurisdiction. Said board shall be
the same Board of Appeals specified in section 112 of the Building Code as amended by
section 15.04.020 of this Code.
The Building Official shall be an ex officio member and shall act as secretary to said
board but shall have no vote upon any matter before the board. The board of appeals shall
be appointed by the City Council and shall hold office at its pleasure. The board shall
adopt rules of procedure for conducting its business and shall render all decisions and
'findings in writing to the appellant, with a duplicate copy to the Building Official.
110.2 Limitations of authority. The jurisdiction of the Board of Appeals shall
be limited to claims that this code or the rules legally adopted thereunder have been
incorrectly interpreted, the provisions of this code do not fully apply or an equally good
or better method of construction is proposed. The Board of Appeals shall have no
authority to waive requirements of this code.
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• 110.3 Quorum for meetings. Three (3) members of said board shall constitute a
quorum. The board shall elect one of its members to act as chairman.
Not less than three (3) days prior to a meeting of said board, written notice shall
be given to each member personally, or by registered mail, provided, however, that any
meeting of said board shall be legal for any purpose if the written consent of all members
of said board to such meeting is executed and filed in the records of such board.
Such board shall have the right, subject to such limits as the City Council may
prescribe by resolution, to employ at the cost and expense of the City, such practicing
architects, competent builders, attorneys and structural engineers as said board in its
discretion may deem reasonable and necessary to assist in its investigation and in making
its findings and decisions.
15.12.030 Mechanical permit fees.
Notwithstanding the provisions of Section 15.12.010, Sections 115.2 and 115.3 of Appendix
Chapter 1 of said Mechanical Code are hereby amended to read as follows:
SECTION 115.
115.2 Permit fees. The fee for each permit shall be as set forth in the latest resolution
• adopted by the City Council.
•
115.3 Plan review fees. When a plan or other data are required to be submitted
pursuant to Section 115.3, a plan review fee shall be paid at the time of submitting plans
and specifications for review. Said plan review fee shall be equal to eighty (80) percent of
the mechanical permit fee.
CHAPTER 15.16
PLUMBING CODE
15.16.010. Adoption of Plumbing Code.
Except as hereinafter provided, the California Plumbing Code, 2007 Edition (Part 5 of
Title 24 of the California Code of Regulations including all Appendices), not including
Appendices E, F, and G, is hereby adopted by reference and made a part of this chapter as
though set forth in this chapter in full. Said code shall comprise the Plumbing Code of the City
of Hermosa Beach. A copy of the Plumbing Code shall be maintained in the office of the City
Clerk, and shall be made available for public inspection while the Code is in force.
Whenever the word "jurisdiction" appears in said code, it shall mean and refer to the City
of Hermosa Beach.
12
Whenever the term "administrative authority" or "building official" appears in said code,
• it shall mean and refer to the Director of Community Development of the City of Hermosa Beach
or his or her designee.
15.16.020 Plumbing permit fees.
Notwithstanding the provisions of Section 15.12.010, Sections 103.4.1 and 103.4.2 of Appendix
Chapter 1 of said Plumbing Code are hereby amended to read as follows:
SECTION 103.
103.4.1 Permit fees. The fee for each permit shall be as set forth in the latest resolution
adopted by the City Council.
103.4.2 Plan review fees. When a plan or other data are required to be submitted
pursuant to Section 103.4.2, a plan review fee shall be paid at the time of submitting
plans and specifications for review, Said plan review fee shall be equal to eighty (80)
percent of the mechanical permit fee.
15.16.030. Board of Appeals.
Section 102.2.7 is hereby added to said Plumbing Code to read as follows:
• Section 102.2.7. Board of Appeals
102.2.7.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the Building Official relative to the application and
interpretations of this code, there shall be and is hereby created a board of appeals
consisting of members who are qualified by experience and training to pass upon matters
pertaining to plumbing design, construction and maintenance and public health aspects of
plumbing systems and who are not employees of the jurisdiction. Said board shall be the
same Board of Appeals specified in section 112 of the Building Code as amended by
section 15.04.020 of this Code.
The Building Official shall be an ex officio member and shall act as secretary to
said board but shall have no vote upon any matter before the board. The board of appeals
shall be appointed by the City Council and shall hold office at its pleasure. The board
shall adopt rules of procedure for conducting its business and shall render all decisions
and findings in writing to the appellant, with a duplicate copy to the Building Official.
102.2.7.2 Limitations of authority. The jurisdiction of the board of appeals shall
be limited to claims that this code or the rules legally adopted thereunder have been
incorrectly interpreted, the provisions of this code do not fully apply or an equally good
or better method of construction is proposed. The Board of Appeals shall have no
• authority to waive requirements of this code.
13
• 102.2.7.3 Quorum for meetings. Three (3) members of said board shall
constitute a quorum. The board shall elect one of its members to act as chairman.
Not less than three (3) days prior to a meeting of said board, written notice shall
be given to each member personally, or by registered mail, provided, however, that any
meeting of said board shall be legal for any purpose if the written consent of all members
of said board to such meeting is executed and filed in the records of such board.
Such board shall have the right, subject to such limits as the City Council may
prescribe by resolution, to employ at the cost and expense of the City, such practicing
architects, competent builders, attorneys and structural engineers as said board in its
discretion may deem reasonable and necessary to assist in its investigation and in making
its findings and decisions.
15.16.040. [Section reserved for future use. Text deleted in it's entirety.]
15.16.050 Installation of Garbage Grinders.
Notwithstanding the provisions of Section 15.16.010, Section 419 of said Plumbing Code
is hereby added to read as follows:
• Section 419 Installation of garbage grinders. In new buildings and all
buildings remodeled or altered which are designed, equipped and used for residential
purposes or for the storing or sheltering of food or foodstuffs for human consumption,
including fruits, vegetables and meats, which are to be sold with at retail at stores, clubs,
hotels, restaurants, schools or other food establishments or at wholesale, or which are
prepared at food manufacturing or processing plants, including slaughterhouses, and all
buildings where foods for human consumption are prepared, sold, handled, stored or
served in any manner whatsoever, shall be equipped with an approved type of garbage
grinder, properly connected to the kitchen sink or sewer drain, which grinder and
connections shall be of sufficient size to grind all garbage and food processing wastes
produced in such building, and shall be suitability located so as to discharge such ground
material by flushing it with water through the drain pipes into the sewer; provided,
however, that if in operating any business as hereinabove described, packaged or canned
goods are not opened on the premises, a garbage grinder for such canned or packaged
food shall not be required; provided, further, that in all new buildings designed,
constructed or used for single or multiple family use, and buildings remodeled or altered
for single or multiple use, an approved garage grinder shall be properly connected to the
kitchen sink or sewer drain of each residential unit of such building. Each kitchen sink
drain opening shall be so located and of sufficient size to accommodate a garbage grinder
for the disposal of kitchen wastes.
If no changes in kitchen plumbing drainage are made in single or multiple family
dwellings in the process of remodeling or alterations, a garbage disposal will not be
required.
14
• 15.16.060. Abandoned Sewers and Sewage Disposal Facilities.
Notwithstanding the provisions of Section 15.16.010, Section 722.1 of said Plumbing
Code is hereby amended to read as follows:
Section 722.1.2 Abandoned sewers and sewage disposal facilities. Every
abandoned building (house) sewer or part thereof shall be plugged or capped in an
approved manner as designated by the Building Official. Before any person plugs and/or
caps such sewer or sewage disposal facilities contemplated in this section, he shall first
post a cash bond with the city in an amount of not less than one hundred dollars
($100.00) to guarantee capping of such sewers and/or sewage disposal facilities, such
bond to be returned to the permittee upon completion and inspection to the satisfaction of
the Building Official.
15.16.070 Retrofitting Existing Commercial Kitchens With Grease Recovery Systems.
Notwithstanding the provisions of Section 15.16.010, said Plumbing Code is amended to read as
follows:
Section 1014.1.1 is hereby added to Chapter 10 of said Plumbing Code to read as
follows:
• 1014.1.1.1 For the purposes of Section 1014.1.3, the following terms shall have the
following meanings:
•
Affected establishment means all commercial and institutional food preparation
and food service facilities which discharge wastewater or materials containing fat, oil or
grease, whether emulsified or not, or containing substances which may solidify or
become viscous at temperatures between 0 and 65 degrees Celsius (32-150 degrees F) at
an access in nearest proximity to the point of discharge into the wastewater treatment
system, generally including but not limited to restaurants, bakeries, assisted living
facilities, convalescent homes, butcher shops, cafes, delicatessens, ice cream parlors,
hotels, and grocery stores.
Whenever an affected establishment, as defined above, changes use, or applies for
a building, plumbing, electric, mechanical or any other permit issued by the City, that
establishment may be required to submit a grease recovery analysis showing existing
grease control devices. (Said analysis to consist of complete plumbing and mechanical
schematics for the establishment.) Upon review of the analysis by the City or it's
agent(s), the establishment shall be required to upgrade or improve on its grease recovery
system as deemed appropriate by the review. Said upgrades and improvements may
include but are not limited to; in -ground interception tanks, improved roof top grease
venting systems and absorbent padding and interior fry grease recovery systems.
15
• Grease shall mean grease, or fatty or oily substances and other insoluble waste
that turns or may turn viscous or solidifies with a change in temperature or other
conditions.
Grease removal system means any system that meets the requirements of this
Code and functions to remove grease from drain water prior to its entry into the public
sewer system.
Section 1014.1,1.2 is hereby added to Chapter 10 of said Plumbing Code to read as
follows:
The retrofit installation of an approved grease recovery system shall be required
for all affected establishments. The affected establishment shall have the option to install
any of the required grease recovery systems separately or in combination as prescribed in
Chapter 10. Plans or specifications prepared by a licensed professional engineer or a
licensed plumbing contractor, where required, and the manufacturer's installation and
maintenance instructions shall be submitted to the Community Development Department
(CDD) for approval prior to installation. Any approvals and permits required for work in
the public right-of-way shall be obtained from the Public Works Department.
15.16.080 Maintenance and Annual Inspection of Grease Recovery Systems in
Commercial Kitchens.
• Notwithstanding the provisions of Section 15.16.010, Section 1014.1.4 is hereby added to
Chapter 10 of the Plumbing Code to read as follows:
1014.1.4
Maintenance/Monitoring. It is the responsibility of the owner or operator of every
establishment required to have a grease removal system to maintain the system in a
sanitary, safe, and efficient operating condition so as to prevent grease from flowing into
the sewer system. A grease removal system shall not be considered properly maintained
if for any reason it is not in good working condition or if sediment and/or grease
accumulations total more than 25 percent of the operative fluid capacity. It is the owner
or operator's responsibility to provide for removal of the accumulated grease and other
waste contained in the system. Grease removed from such a system shall not be disposed
of in the sanitary or the storm sewer.
Inspection. All owners/operators of establishments with grease recovery systems
shall keep maintenance records and haulers manifests and shall allow City inspection of
grease removal systems from time to time during normal business hours. All applicable
records shall be available to the Director or his representative upon requests. An annual
inspection fee in an amount set forth in the City's Master Schedule of Service Charges
and Fees shall be paid by the owner/operator at the time of business license renewal.
• CHAPTER 15.20
FIRE CODE
16
• 15.20.010 Adoption of Fire Code.
Except as hereinafter provided in this Chapter, the California Fire Code, 2007 Edition
(Part 9 of Title 24, of the California Code of Regulations including all Appendices), which
incorporates and amends the International Fire Code is hereby adopted by reference and made a
part of this chapter as though set forth in this chapter in full. Said code shall comprise the Fire
Code of the City of Hermosa Beach. A copy of the Fire Code shall be maintained in the office of
the City Clerk, and shall be made available for public inspection while the Code is in force.
Permits as required by provisions within this Code may be issued for an identified period
of time, subject, however, to the right of the fire chief or his designee to revoke said permit for
misuse or violation of the terms of the permit.
The Fire Code is hereby amended as set out hereinbelow:
15.20.020 Establishment and duties of bureau of fire prevention.
The Fire Code as adopted and amended herein shall be enforced by the Bureau of Fire
Prevention in the Fire Department of the City of Hermosa Beach which is hereby established and
which shall be operated under the supervision of the Chief of the Fire Department.
• 15.20.030 Definitions.
Notwithstanding the provisions of Section 15.20.010, Section 202, General Definitions is
amended to add:
•
"Administrative authority" or "building official" appears in said code, it shall mean and refer to
the Director of Community Development of the City of Hermosa Beach or his or her designee.
"Building Code" shall mean the current edition of the Building Code, including any revisions,
additions, and amendments.
"Corporation counsel" shall mean the attorney for the City of Hermosa Beach.
"Jurisdiction" shall mean the City of Hermosa Beach.
"May" shall mean permissible; the word "Shall" is held to mean mandatory.
15.20.040 District limits in which explosives and blasting agents storage is prohibited
Notwithstanding the provisions of Section 15.20.010, Section 3301 of said Fire Code is
hereby amended to add the following:
Storage of explosives and blasting agents is prohibited for all property zoned for
residential and commercial uses.
15.20.050 District limits where flammable liquids storage in outside aboveground tanks is
restricted.
17
Notwithstanding the provisions of Section 15.20.010, the limits referred to in Section
• 3404.2.9.5.1 and 3406.2.4.4 of the Fire Code, in which storage of flammable liquids in outside
aboveground tanks is restricted, are hereby established as follows: All property zoned for
residential and commercial uses.
15.20.060 District limits where new bulk plants for flammable or combustible liquids are
prohibited.
Notwithstanding the provisions of Section 15.20.010, the limits referred to in Section 3804.2
of the Fire Code, in which new bulk plants for flammable or combustible liquids are prohibited,
are hereby established as follows: All property zoned for residential and commercial uses.
15.20.070 Bulk storage of liquefied petroleum gases prohibited, where.
Notwithstanding the provisions of Section 15.20.010, the limits referred to in Section 3804.2
of the Fire Code, in which storage of liquefied petroleum gas is restricted, are hereby established
as follows: All property zoned for residential and commercial uses.
15.20.080 Amendments to the Fire Code.
Notwithstanding the provisions of Section 15.20.010, the following subsections of Section 903
of said Fire Code are hereby amended to read as follows:
• 903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for Group A-2
occupancies where one of the following conditions exists:
The fire area exceeds 3,500 square feet;
The fire area has an occupancy load of 100 or more; or
The fire area is located on a floor other than the level of exit discharge.
903.2.1.2 Group A-3. An automatic sprinkler system shall be provided for Group A-3
occupancies where one of the following conditions exists:
The fire area exceeds 3,500 square feet;
The fire area has an occupancy load of 300 or more;
The fire area is located on a floor other than the level of exit discharge.
Exception: Areas used exclusively as participant sports areas where the main floor
area is located at the same level as the level of exit discharge of the main entrance
and exit.
903.2.6 Group M. An automatic sprinkler system shall be provided throughout buildings
containing a Group M occupancies where one of the following conditions exists:
01. Where the Group M fire area exceeds 3,500 square feet on any floor or 5,000
square feet on all floors; or
EK
• 2. Where the Group M fire area in located more than one story above grade plane.
903.2.7 Group R. An automatic sprinkler system installed in accordance with Section
903.3 shall be provided throughout all buildings with a Group R fire area.
Exceptions:
1, Detached one- and two-family dwellings and multiple single-family dwellings
(town houses) not more than two stories above grade plane in height with a
separate means of egress, unless specifically required by other sections of this
code or classified as Group R-4.
The following subsections of Section 905 of said Fire Code are hereby amended to read
as follows:
905.3.1 Building Height. Class III standpipes systems shall be installed throughout
buildings where the floor level of the highest story is located more the 20 feet above
the lowest level of the fire department vehicle access, or where the floor level of the
lowest story is located more then 20 feet below the highest level of fire department
vehicle access.
The following subsection of Section 907 of said Fire Code is hereby added to read as
•follows:
907.2.8.2.1 Group R, Division 1. An automatic fire alarm system shall be installed
in apartment houses 3 stories or more in height (mezzanines and lofts shall be
considered as stories), or containing 16 or more dwelling units, and in hotels 3 or
more stories in height or containing 20 or more guest rooms.
Section 105.1 of Appendix B of said Fire Code is hereby amended to read as follows:
Section 105.1 One- and two-family dwellings.
The minimum fire -flow requirements for one- and two family dwellings not
exceeding two (2) stories in height, shall be one thousand five hundred (1,500) gallons
per minute (for other residential buildings, Table 13105.1 will be used). Exception: Fire
flow may be reduced fifty (50) percent when the building is provided with an approved
automatic sprinkler system.
The fire flow for buildings other than one- and two-family dwellings shall be not
less than that specified in Table B 105. 1, Exception: The required fire flow may be
reduced up to seventy-five (75) percent when the building is provided with an approved
automatic sprinkler system, but in no case less than one thousand five hundred (1,500)
gallons per minute.
19
• In types I and 11 -FR Construction, only the three (3) largest successive floor areas
shall be used.
Appendix C of said Fire Code is hereby amended by adding thereto the following section
to read as follows:
C105.2 The Fire Chief may require closer spacing between hydrants because of
grades, steep inclines or other geographic problems, and accessibility,
15.20.100 Appeals.
Notwithstanding the provisions of Section 15.20.010, Section 108 of Appendix Chapter 1
of said Fire Code is hereby amended to read as follows:
Whenever the Chief of the Fire Department shall disapprove an application or
refuse to grant a permit applied for, or when it is claimed that the provisions of the code
do not apply or that the true intent and meaning of the code have been misconstrued or
wrongly interpreted, the applicant may appeal the decision of the Chief of the Fire
Department to the City Council within thirty (30) days from the date of the decision
appealed.
• 15.20.110 New materials, processes or occupancies which may require permits.
Notwithstanding the provisions of Section 15.20.010, Section 104.9 of Appendix Chapter
1, Alternate materials and methods, of said Fire Code is hereby amended to read as follows:
The Fire Chief, the Fire Department Plan Check Officer, and the Director of the
Community Development Department shall act as a committee to determine and specify
what new materials, processes, or occupancies shall require permits in addition to those
now enumerated in said code after giving affected persons reasonable opportunity to be
heard. The decision of the committee shall be final. The Fire Chief shall post such list in
a conspicuous place in his department and distribute copies thereof to interested persons.
15.20.120 Fireworks Prohibited.
Notwithstanding the provisions of Section 15.20.010, Section 3308.2 is hereby added to
read as follows:
The possession, use and discharge of fireworks, as defined in the Fire Code, is
prohibited within the City limits, with the exception of fireworks displays which are
approved by both the Fire Department and the City Council.
15.20.130 Penalties.
•
20
Any person violating any of the provisions of this code shall be deemed guilty of a
misdemeanor, punishable as provided by law. The imposition of one penalty for any violation
shall not excuse the violation or permit it to continue; all such persons shall be required to
correct or remedy such violations or defects within a reasonable time; and when not otherwise
specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate
offense.
The application of the above penalty shall not be held to prevent the enforced removal of
prohibited conditions.
CHAPTER 15.24
ABATEMENT OF DANGEROUS BUILDINGS
15.24.010. Adoption of Uniform Code for the Abatement of Dangerous Buildings.
That certain code designated as the "Uniform Code for the Abatement of Dangerous
Buildings, 1997 Edition," published by the International Conference of Building Officials, one
copy of which is on file in the office of the City Clerk for public record and inspection, is hereby
adopted by reference and made a part of this chapter as though set forth in this chapter in full,
subject, however, to the amendments, additions and deletions set forth in this chapter, and said
code shall be known as the Abatement of Dangerous Buildings Code of this city.
•Whenever the term "jurisdiction" appears in said code it shall mean and refer to the City
of Hermosa Beach. Whenever the term "Building Official" appears in said code it shall mean
and refer to the Director of Community Development of the City of Hermosa Beach or his or her
designee.
15.24.020. Purpose and Scope
Notwithstanding the provisions of Section 15.24.010, Section 102.2.1 of said Abatement
of Dangerous Buildings Code is hereby amended to read as follows:
102.2.1 The scope of this code shall include the content of the City of Hermosa Beach
Ordinance Number 94-1114 as though set forth in this section in full.
5.24.030. Section 202 amended --Abatement of dangerous buildings
Notwithstanding the provisions of Section 15.24.010, Section 202 of said Abatement of
Dangerous Buildings Code is amended to read as follows:
SECTION 202 - ABATEMENT OF DANGEROUS BUILDINGS
All buildings or portions thereof which are determined by after inspection by the
Building Official to be dangerous as defined in this code shall be abated by repair, rehabilitation,
demolition or removal in accordance with the procedure specified in Section 401 of this code or
• in section 8.28 of the Hermosa Beach Municipal Code.
21
• 15.24.040. Board of Appeals.
Notwithstanding the provisions of Section 15.24.010, Section 205 of said Abatement of
Dangerous Buildings code is hereby amended to read as follows:
SECTION 205.
205.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the Building Official relative to the application and interpretation
of this code, there shall be and is hereby created a Board of Appeals consisting of
members who are qualified by experience and training to pass upon matters pertaining to
building construction and who are not employees of the jurisdiction. Said board shall be
the same Board of Appeals specified in section 112 of the Building Code as amended by
section 15.04.020 of this Code.
The Building Official shall be an ex officio member and shall act as secretary to
said board but shall have no vote upon any matter before the board. The board of appeals
shall be appointed by the City Council and shall hold office at its pleasure. The board
shall adopt rules of procedure for conducting its business and shall render all decisions
and findings in writing to the appellant, with a duplicate copy to the Building Official.
Appeals to the board shall be processed in accordance with the provisions
contained in Section 1201 of this code. Copies of all rules or regulations adopted by the
• board shall be delivered to the Building Official, who shall make them freely accessible
to the public.
•
205.2 Limitations of authority. The jurisdiction of the board of appears shall be
limited to claims that this code or the rules legally adopted thereunder have been
incorrectly interpreted, the provisions of this code do not fully apply or an equally good
or better method of construction is proposed. The Board of Appeals shall have no
authority to waive requirements of this code.
15.24.050. Dangerous Buildings.
Notwithstanding the provisions of Section 15.24.010, Sections 302 (19) and 401„1,1 of
the Abatement of Dangerous Buildings Code are hereby amended to read as follows:
302 (19) Whenever any building has at least one (1) unreinforced masonry
bearing wall and is in existence without being retrofit after the date shown on Table Al -
G of this code.
401.1.1 When the Building Official has determined that any building described in
Section 302 (19) of this code has not been abated as of the date shown in Table AI -G the
Building Official shall commence proceedings to cause repair, vacation or demolition of
the building
22
• CHAPTER 15.28
EXISTING BUILDINGS
15.28.010. Adoption of Existing Building Code.
Except as hereinafter provided, the California Existing Building Code 2007 Edition (Part
10 of Title 24 of the California Code of Regulations including all Appendices) is hereby adopted
by reference and made a part of this chapter as though set forth in this chapter in full. Said code
shall comprise the Existing Building Code of the City of Hermosa Beach. A copy of said code
shall be maintained in the office of the City Clerk, and shall be made available for public
inspection while the code is in force.
CHAPTER 15.32
ELECTRICAL CODE
15.32.010. Adoption of Electrical Code.
Except as hereinafter provided, the California Electrical Code, 2007 Edition (Part 3 of
Title 24 of the California Code of Regulations including all Appendices) is hereby adopted by
reference and made a part of this chapter as though set forth in this chapter in full. Said code
shall comprise the Electrical Code of the City of Hermosa Beach. A copy of the Electrical Code
shall be maintained in the office of the City Clerk, and shall be made available for public
• inspection while the Code is in force.
Whenever the word "jurisdiction" appears in said code, it shall mean and refer to the City
of Hermosa Beach.
•
Whenever the term "building official" appears in said code, it shall mean and refer to the
Director of Community Development of the City of Hermosa Beach or his or her designee.
15.32.020. Fees.
Notwithstanding the provisions of Section 15.32.010, Section 89.1.08.4.2 of said Electrical
Code is hereby amended to read as follows:
SECTION 89.108.4.2 The fee for each permit shall be as set forth in the latest resolution
adopted by the City Council. When a plan or other data are required to be submitted
pursuant to Section 115.3, a plan review fee shall be paid at the time of submitting plans
and species cations for review. Said plan review fee shall be equal to eighty (80) percent of
the mechanical permit fee.
For purposes of determining fees only, the following definitions shall apply:
89.108.4.2.1 New general use branch circuits.
23
• 1, The fees prescribed apply to new branch circuit wiring and the lighting
fixtures, switches, receptacles, appliances or other utilization equipment permitted
to be supplied by these branch circuits.
2. For the purposes of this subsection, each ungrounded conductor of a
multiwire branch circuit supplying one appliance may be counted as one circuit.
3. For the purposes of this subsection, three-phase lighting branch circuits
are counted as two (2) branch circuits.
89.108.4.2.2 Adding outlets (to existing branch circuits) or temporary lights and yard
lighting.
1 Each outlet added to an existing branch circuit shall be counted as one unit
and each lighting fixture connected thereto shall be counted as an additional unit
except as modified in the following provisions of this subsection.
2. An outlet shall mean a point or place on a fixed -wiring installation from
which electric current is controlled, or is supplied to a lamp, lighting fixture, fan,
clock, heater, range, motor, or other electrical. appliance or equipment.
3. An outlet box for two (2) or more switches or receptacles shall be
considered as one unit.
89.108.4.2.3 Motors, transformers, heating appliances and miscellaneous equipment or
appliances.
1. The fees prescribed cover the inspection of the supply branch circuit and
the utilization equipment supplied therefrom and the control equipment therefor,
• 2. Except where supplied by branch circuits rated over fifty (50) amperes, the
fees required apply only to nondwelling occupancies. The fee for each motor,
transformer, heating appliance, welder, rectifier, x-ray machine, storage battery
system, infrared industrial heating appliance, cooking or baking equipment, studio
effects lighting, and other miscellaneous equipment or appliances shall be given
in the rating table of the resolution order,
3. Where fixed equipment is supplied by flexible cords to facilitate servicing
or replacement, those fees shall also apply to each receptacle outlet installed for
the supply of portable equipment rated larger than three (3) H.P., K.W., or K.V.A.
4. For any equipment or appliance containing more than one motor, or other
current consuming utilization components in addition to the motor or motors, the
combined electrical ratings converted to K.V.A. of all shall be used to determine
the fee. For the purpose of this subsection, one H.P. or one K.W is equivalent to
one K.V.A. The total ampere ratings of all receptacles installed on a factory
fabricated wireway assembly for studio effects lighting may be used in computing
the fees therefor,
5. The fees for a change of location or replacement of equipment on the same
premises shall be the same as that for a new installation. However, no fees shall
be required for moving any temporary construction motor from one place to
another on the same site during the time of actual construction work after a permit
has once been obtained for such motor and the fees required therefor have been
paid.
•
24
• 89.108.4.2.4 Required fire warning, communications and emergency control systems.
For the purposes of this subsection, devices shall include all signaling equipment,
stations, power equipment such as damper actuators or door holding device, and
communication jacks or outlets.
89.108.4.2.5 Service and switchboard sections.
1. Fees shall be required for the installation, reinstallation, replacement or
alteration of each service and each switch board section.
2. For the purpose of this subsection, a switch board section means any
portion of complete switchboard, distribution board, or motor control center
which. is pre -vented by the structural framework from being separated into
smaller units.
3. The fees for services shad be determined from the ampacity of the set of
service entrance conductors or the total ampere rating of the service equipment.
4. No fee need be paid for switchboard section which incorporates service
equipment for which service fees were paid.
15.32.030. Condominium Installations.
Where conductors serving a condominium pass through a condominium which they do
not serve, as in the case of multifamily dwelling structures, said conductors shall be enclosed in
an approved conduit or raceway.
• 15.32.040. Underground Service Laterals Required for New Construction.
C�
All new buildings and structures in the city shall provide underground electrical and
communications service laterals on the premises to be served, as hereinafter required.
15.32.050. Service Wires and Cables to be Underground for New Buildings.
All electrical, telephone, community antenna television system (CATV), and similar
service wires or cables which provide direct service to new buildings and structures shall be
installed underground in compliance with all applicable building and Electrical Codes, safety
regulations and orders, and the rules of the public utilities commission of the State of California.
15.32.060. Existing Buildings.
Such service wires shall also be placed underground when existing buildings or structures
are repaired, remodeled or expanded, except where no new dwelling units are created and where
the value of such repairs or remodeling in a five-year period exceeds fifty percent (50%) of the
value of the existing structure.
25
• 15.32.070. Responsibility for Compliance.
The developer and owner are jointly and severally responsible for complying with the
requirements of this chapter and shall make the necessary arrangements with the utility
companies for the installation of such facilities.
15.32.080. Appurtenances.
For the purposes of this chapter, appurtenances and associated equipment, such as, but
not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter
cabinets and concealed ducts in an underground system may be placed above ground if permitted
by and in accordance with the rules of the state Public Utilities Commission.
15.32.090. Risers.
Risers on poles and buildings are permitted and shall be provided by the developer or
owner on the pole which services said property.
15.32.100. Waiver of Underground Requirements.
All construction in excess of fifty (50) percent of the value of the existing structure, shall
require underground installations except where Southern California Edison deems in writing
such underground installations infeasible based upon its service requirements or to unavailability
• of necessary easements.
15.32.110. Existing Underground Areas.
On streets where electrical and communications lines have been placed underground or
where no overhead lines presently exist on or before July 1, 1977, said lines shall remain
permanently underground and no additional electric or communications service facilities shall be
added on said streets unless they are placed underground.
15.32.120. Application.
Section 15.32.040 of this Code shall not apply to utility lines which do not provide
service in the area being developed.
15.32.130 Temporary Power Pole Required on Construction Sites.
All construction sites for which temporary power must be supplied because there is no
electrical service shall provide a temporary power pole prior issuance of a building permit. Said
power pole shall remain installed until the project has received final approval and electrical
service has commenced. Generators are prohibited as a substitute for a temporary power pole.
15.32.140 Required connecting conduit to accommodate roof mounted alternative energy
isequipment.
26
• To assist and encourage the installation of roof mounted energy collection/generation
devices for new residential construction or additions or remodels where the value of the addition
or remodel exceeds fifty (50) percent of the valuation of the existing building shall include the
installation of an appropriately sized conduit from the roof to the service panel. Said electric
service panel shall be of adequate size to provide capacity for the future addition of a
photovoltaic or other alternative energy producing device.
Editor's Note: The sections and appendices of California Building Standards Code
amended hereinabove are as follows:
Building Code Section 108 of Appendix Chapter 1
Building Code Section 112 of Appendix Chapter 1
Building Code Section 113 of Appendix Chapter 1
Building Code Sections 3 10. 10 and 903 of Appendix G
Building Code Section 1208.4
Building Code Section 1504
Building Code Section 1505
Building Code Section 3307
Building Code Section 3306.10
Building Code Section G104.6
Housing Code Section 203.1
Housing Code Section 204
• Housing Code Section 205
Mechanical Code Section 110 of Appendix Chapter 1
Mechanical Code Sections 115.2 and 115.3 of Appendix Chapter 1
Plumbing Code Table 1-1
Plumbing Code Section 102.2.7
Plumbing Code Section 419
Plumbing Code Section 722.1
Plumbing Code Section 1014. LI and 10 14.1.4
Fire Code Secs. 104.9, 108, 202, 3301, 3308.2, 3404.2.9.5.1, 3406.2.4.4, 3804.2
Abatement of Dangerous Buildings Code Section 102.2.1
Abatement of Dangerous Buildings Code Section 202
Abatement of Dangerous Buildings Code Section 205
Abatement of Dangerous Buildings Code Sections 302 (19) and 401, 1.1
Electrical Code Section 89.108.4
•
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C7
•
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
legals@easyreader. info
PROOF OF PUBLICATION
(2015.5C.C.P)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
November 22"d
ALL IN THE YEAR 2007
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 23th day of November, 2007
Proof of Publication of:
CITY OF HERMOSA BEACH
Ordinance No 07-1289
1 TI>i11KOKss,
City of
Hermosa Beach
ORDINANCE
NO. 07-1289
AN ORDINANCE OF THE
CITY OF HERMOSA
BEACH, CALIFORNIA,
ADOPTING BY REFER-
ENCE TITLE 24 OF THE
CALIFORNIA CODE OF
REGULATIONS, ALSO
KNOWN ASTHE CALIFOR-
NIA BUILDING STAN-
DARDS CODE, COM-
PRISED OF VARIOUS
BUILDING AND OTHER
CODES, AMENDING POR-
TIONS OF SAID TITLE,
AND AMENDING TITLE 15
OF THE HERMOSA
BEACH MUNICIAP CODE
SUMMARY OF
ORDINANCE NO. 07-1289
Every three years, the California
BuildingStandards
Commission revises and
adopts the California Building,
Plumbing, Mechanical,
Electrical and Fire Codes.
Cities are obligated to adopt
these Codes.by reference as
their local building, plumbing,
mechanical and plumbing
codes, along with any amend-
ments required to address
uniquely local conditions, within
180 days of adoption. As
required by State. law,
Ordinance No. 07-1289 adopts
the 2007 California Building,
Plumbing, Mechanical,
Electrical and Fre Codes by ref.
erence as the City of Hermosa
Beach Building, Plumbing,
Mechanical, Electrical and Fre
Codes, subject to various
amendments largely already
contained in' the Municipal
Code. The amendments per.
tain to the jurisdiction of the
Building Appeals Board; mini.
mum dwelling unit size, roofing
materials, sprinkler require-
ments, below grade construc-
tion, grease recovery systems
and various technical issues. A
full Copy of Ordinance No. 1289
is available for review in the City
Clerk's office.
Ordinance No. 07-1289 will
be considered by the City
Council for adoption at its
regular meeting on
November 27, 2007.
Easy Readerinc/Redond0
Hometown News/November
22, 2007/HC07-026
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
legals@easyreader. info
PROOF OF PUBLICATION
(2015.5C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
• circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
December 6"'
ALL IN THE YEAR 2007
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 6th day of December, 2007
Ju A. Rae, Principal Clerk'
Proof of Publication of -
CITY OF HERMOSA BEACH
Ordinance #07-1289
HC07-027
City of
Hermosa Beach
ORDINANCE
NO. 07-1289
AN ORDINANCE OF THE
CITY OF HERMOSA
BEACH, CALIFORNIA,
ADOPTING BY REFER-
ENCE TITLE 24 OF THE
CALIFORNIA CODE OF
REGULATIONS, ALSO
KNOWN AS THE CALIFOR-
NIA BUILDING STANDARDS
CODE, COMPRISED OF
VARIOUS BUILDING AND
OTHER CODES, AMENDING
PORTIONS OF SAID TITLE,
AND AMENDING TITLE 15
OF THE HERMOSA, BEACH
MUNICIPAL CODE
SUMMARY OF
ORDINANCE No. 07-1289
Every three years, the
California Building Standards
Commission revises and
adopts the California Building,
Plumbing, Mechanical,
Electrical and Fire Codes.
Cities are obligated to adopt
these Codes by reference as
their local building, plumbing,
mechanical and plumbing
codes, along with any amend-
ments required to address
uniquely local conditions,
within 180 days of adoption.
As required by State law,
Ordinance No. 07-1289
adopts the 2007 California
Building, Plumbing,
Mechanical, Electrical and
Fire Codes by reference as
the City of Hermosa Beach
Building, Plumbing,
Mechanical, Electrical and
Fire Codes, subject to various
amendments largely already
.contained in the Municipal
Code. The amendments per-
tain to the jurisdiction of the
Building Appeals Board, mini-
mum dwelling unit size, roof-
ing materials, sprinkler
requirements, below grade
construction, grease recovery
systems and various technical
issues. A full copy of
Ordinance No. 1289 is avail-
able for review in the City
Clerk's office.
Ordinance No. 07-1289 was
re -introduced on November
27, 2007 and will be consid-'
ered by the City Council for
adoption at its regular
meeting on December 11,
2007.
Easy Reader Inc/
Redondo Hometown News/
December 6, 2007/HC07-027
• • EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
legals@easyreader.info
PROOF OF PUBLICATION
(2015..5C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
•wspaper has been adjudged a newspaper of general
Oculation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
0
1)PCPn7hPr 20th
ALL IN THE YEAR 2007
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 20th day of December, 2007
Proof of Publication of-
CITY
£
CITY OF HERMOSA BEACH
Ordinance #07-1289
HC07-028
r�nw.os
o � s
:o Rat'
City of
Hermosa Beach
ORDINANCE
NO. 07-1289
AN ORDINANCE OF THE
CITY OF HERMOSA
BEACH, CALIFORNIA,
ADOPTING BY REFER-
ENCE TITLE 24 OF THE
CALIFORNIA CODE OF
REGULATIONS, ALSO
KNOWN ASTHE CALIFOR-
NIA BUILDING STAN-
DARDS CODE, COM-
PRISED OF VARIOUS
BUILDING AND OTHER
CODES, AMENDING POR-
TIONS OF SAID TITLE,
AND AMENDING TITLE 15
OFTHE HERMOSA BEACH
MUNICIAP CODE
SUMMARY OF ORDINANCE
NO. 07-1289
Every three years, the
California Building Standards
Commission revises and
adopts the California Building,
Plumbing, Mechanical,
Electrical and Fire Codes.
Cities are obligated to adopt
these Codes by reference as
their local building, plumbing,
mechanical and plumbing
codes, along with any amend-
ments required'-io address
uniquely local conditions, within
180 days of adoption. As
required by State law,
Ordinance No. 07-1289 adopts
the 2007 California Building,
Plumbing, Mechanical,
Electrical and -Fire -Codes by
reference as the City of
Hermosa Beach Building,
Plumbing, Mechanical,
Electrical and Fire Codes, sub-
ject to various amendments
largely already contained in the
Municipal Code. The amend.
ments pertain to the jurisdiction
of the Building Appeals Board,
minimum dwelling unit size,
roofing materials, sprinkler
requirements, below grade
construction, grease recovery
systems and various technical
issues. A full copy of
Ordinance No. 1289 is avail-
able for review in the City
Clerk's office.
Ordinance No. 07-1289 was
adopted on December 11,
2007 by the following vote:
AYES: Bobko, DiVirgilio,
Reviczky, Tucker,
Mayor Keegan
NOES: None
ABSENT: None
ABSTAIN: None
Easy ReaderInc/Redondo
Hometown News/December
20,2007/HC07-028
�i
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1'
ORDINANCE NO. 07-1290
AN ORDINANCE OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, AMENDING CHAPTER 3.36 OF THEA
HERMOSA BEACH MUNICIPAL CODE REDUCING THE
EXISTING TAX ON TELEPHONE AND CABLE TELEVISION
SERVICES AND REPLACING THE TELEPHONE AND.
CABLE TAX ORDINANCES WITH A MODERN
COMMUNICATION SERVICES TAX ORDINANCE
THE PEOPLE OF THE CITY OF HERMOSA BEACH HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Section 3.36.020 of the Hermosa Beach Municipal Code is Hereby
amended to read as follows:
Except where context otherwise requires, the definitions hereafter shall govern the construction of
this chapter:
"Ancillary telecommunication services" means services that are associated with or incidental to the
provision, use or enjoyment of telecommunication services, including but not limited to the
following services:
(1) "Conference bridging service" means an ancillary service that links two or more
participants of an audio or video conference call and may include the provision of a
telephone number. Conference bridging service does not include the telecommunication
services used to reach the conference bridge.
(2) "Detailed telecommunication billing service" means an ancillary service of separately
stating information pertaining to individual calls on a customer's billing statement.
(3) "Directory assistance" means an ancillary service of providing telephone number
information, and/or address information.
(4) "Vertical service" means an ancillary service that is offered in connection with one or
more telecommunication services, which offers advanced calling features that allow
customers to identify callers and to manage multiple calls and call connections, including
conference bridging services.
(5) "Voice mail service" means an ancillary service that enables the customer to store,
send or receive recorded messages. Voice mail service does not include any vertical
services that the customer may be required to have in order to utilize the voice mail service
"Ancillary video services" means services that are associated with or incidental to the provision or
delivery of video services, including but not limited to electronic program guide services, search
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functions, or other interactive services or communications that are associated with or incidental to
the provision, use or enjoyment of video programming.
"Billing Address" means the mailing address of the service user where the service supplier submits
invoices or bills for payment by the customer.
"City" shall mean the City of Hermosa Beach.
"City Manager" shall mean the City Manager or his or her designee.
"Communication Services" means: "telecommunication services," "ancillary telecommunication
services," "video services" and "ancillary video services."
"Mobile Telecommunications Service" has the same meaning and usage as set forth in the Mobile
Telecommunications Sourcing Act (4 U.S.C. Section 124) and the regulations thereunder or any
successor statutes or regulations.
"Month" means a calendar month.
"Person" means, without limitation, any natural individual, firm, trust, common law trust, estate,
partnership of any kind, association, syndicate, club, joint stock company, joint venture, limited
liability company, corporation (including foreign, domestic, and non-profit), municipal district or
municipal corporation (other than the City) cooperative, receiver, trustee, guardian, or other
representative appointed by order of any court.
"Place of Primary Use" means the street address representative of where the service user's use of a
communication service primarily occurs, which must be the residential street address or the
primary business street address of the customer,
Post-paid telecommunication service" means a telecommunication service obtained by making a
payment on a communication -by -communication basis either through the use of a credit card or
payment mechanism such as a bank card, travel card, credit card, or debit card, or by charge made
to a service number which is not associated with the origination or termination of the
telecommunication service.
"Prepaid telecommunication service" means the right to access telecommunication services, which
must be paid for in advance and which enables the origination of communications using an access
number or authorization code, whether manually or electronically dialed, and that is sold in
predetermined units or dollars of which the number declines with use in a known amount.
"Private telecommunication service" means a telecommunication service that entitles the customer
to exclusive or priority use of a communications channel or group of channels between or among
termination points, regardless of the manner in which such channel or channels are connected, and
includes switching capacity, extension lines, stations, and any other associated services that are
provided in connection with the use of such channel or channels. A communications channel is a
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physical or virtual path of communications over which signals are transmitted between or among
customer channel termination points (i.e., the location where the customer either inputs or receives
the communications).
"Service Address" means either:
(1) The location of the service user's communication equipment from which the
communication originates or terminates, regardless of where the communication is billed or paid;
or,
(2) If the location in Subsection (1) of this definition is unknown (e.g., mobile
telecommunications service or VoIP service), the service address means the location of the service
user's place of primary use.
(3) For prepaid telecommunication service, "service address" means the location
associated with the service number.
"Service Supplier" means any entity or person, including the City, providing communication,
electric, gas or water service to a user of such services within the City.
"Service User" (as a beneficiary of service) means a person required to pay a tax imposed under
the provisions of this Chapter.
"Tax Administrator" means the Finance Director of the City or his or her designee.
"Telecommunication services" means:
a. The transmission, conveyance, or routing of voice, data, audio, video, or any other
information or signals to a point, or between or among points, whatever the technology
used, and includes broadband services [e.g., T-1, digital subscriber line (eDSL), fiber
optic, coaxial cable, and wireless broadband, including Wi-Fi, WiMAX, and Wireless
MESH] to the extent federal and/or state law permits taxation of such broadband services,
now or in the future. The term telecommunication services includes such transmission,
conveyance, or routing in which computer processing applications are used to act on the
form, code or protocol of the content for purposes of transmission, conveyance or routing
without regard to whether such services are referred to as voice over internet protocol
(VoIP) services or are classified by the Federal Communications Commission as enhanced
or value added, and includes video and/or data services that are functionally integrated
with telecommunication services.
b. Telecommunication services include, without limitation the following services, regardless
of the manner or basis on which such services are calculated or billed: ancillary
telecommunication services; broadband service (to the extent federal and/or state law
permits taxation of such service); mobile telecommunication service; prepaid
telecommunication service; post-paid telecommunication service; private
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telecommunication service; paging service; 800 service (or any other toll-free numbers
designated by the Federal Communications Commission); and 900 service (or any other
similar numbers designated by the Federal Communications Commission for services
whereby subscribers who call in to pre-recorded or live service).
c. Telecommunication services shall also include without limitation, charges for: connection,
reconnection, termination, movement, or change of telecommunication services; late
payment fees; detailed billing; central office and custom calling features (including
without limitation call waiting, call forwarding, caller identification and three-way
calling); voice mail and other messaging services; directory assistance; access and line
charges; universal service charges; regulatory, administrative and other cost recovery
charges; local number portability charges; and text messaging. Telecommunication
services shall not include digital downloads that are not ancillary telecommunication'
services, such as video programming, music, ringtones, games, and similar digital )
products.
"Video Programming" means those programming services commonly provided to subscribers by a
"video service supplier" including but not limited to basic services, premium services, audio
services, video games, pay-per-view services, video on -demand, origination programming, or any
other similar services, regardless of the content of such video programming, or the technology
used to deliver such services, and regardless of the manner or basis on which such services are
calculated or billed.
"Video Services" means any and all services related to the providing or delivering of "video
programming" (including origination programming and programming using Internet Protocol,
e.g., IP -TV and IP -Video) using one or more channels by a "video service supplier," regardless of
the technology used to deliver or provide such services, and regardless of the manner or basis on
which such services are calculated or billed, and includes data services, "telecommunication
services," or interactive communication services that are functionally integrated with "video
services."
"Video Service Supplier" means any person, company, or service which provides or sells one or
more channels of video programming, or provides or sells the capability to receive one or more
channels of video programming, including any communications that are ancillary, necessary or
common to the provision, use or enjoyment of the video programming, to or from a business or
residential address in the City, where some fee is paid, whether directly or included in dues or
rental charges for that service, whether or not public rights-of-way are utilized in the delivery of
the video programming or communications. A "video service supplier" includes, but is not
limited to, multichannel video programming distributors [as defined in 47 U.S.C.A. Section
522(13) or any successor statute or regulation]; open video systems (OVS) suppliers; and suppliers
of cable television; master antenna television; satellite master antenna television; multichannel
multipoint distribution services (MMDS); video services using internet protocol (e.g., IP -TV and
IP -Video, which provide, among other things, broadcasting and video on -demand), direct
broadcast satellite to the extent federal law permits taxation of its video services, now or in the
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future; and other suppliers of video programming or communications (including two-way
communications), whatever their technology.
"Electrical corporation, gas corporation and water corporation" have the same meaning, except
as hereinafter provided, as defined in Sections 218, 222, 241, respectively, of the Public Utilities
Code of the State of California, or any successor statute. "Water Corporation" shall be construed to
include any organization or municipality, including but not limited to, a mutual water company,
engaged in the selling or supplying of water to a service user.
SECTION 2. Section 3.36.040 of the Hermosa Beach Municipal Code is hereby
amended to read as follows:
Section 3.36.040 Communication Services Tax
A. There is hereby imposed a tax upon every person in the City using communication services.
The maximum tax imposed by this Section shall be at the rate of five and one-half percent (5.5%)
of the charges made for such services and shall be collected from the service user by the
communication services supplier or its billing agent. There is a rebuttable presumption that
communication services, which are billed to a billing or service address in the City, are used, in
whole or in part, within the City's boundaries, and such services are subject to taxation under this
Chapter. If the billing address of the service user is different from the service address, the service
address of the service user shall be used for purposes of imposing the tax. As used in this
Section, the term "charges" shall include the value of any other services, credits, property of every
kind or nature, or other consideration provided by the service user in exchange for the
communication services.
B. Mobile Telecommunications Service shall be sourced in accordance with the sourcing rules
set forth in the Mobile Telecommunications Sourcing Act (4 U.S.C. Section 124) or any successor
statute or regulation. The Tax Administrator may issue and disseminate to communication service
suppliers, which are subject to the tax collection requirements of this Chapter, sourcing rules for
the taxation of other communication services, including but not limited to post-paid
communication services, prepaid communication services, and private communication services,
provided that such rules are based upon industry custom and common practice that further
administrative efficiency and minimize multi jurisdictional taxation.
C. The Tax Administrator may issue and disseminate to communication service suppliers, which
are subject to the tax collection requirements of this Chapter, an administrative ruling identifying
those communication services, or charges therefore, that are subject to or not subject to the tax of
Subsection A. above.
D. Charges for video services and ancillary video services shall include, but are not limited to,
charges for the following:
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(1) franchise fees and access fees (PEG);
(2) initial installation of equipment necessary for provision and receipt of communication
services;
(3) late fees, collection fees, bad debt recoveries, and return check fees;
(4) activation fees, reactivation fees, and reconnection fees;
(5) all video programming services (e.g., basic services, premium services, audio services,
video games, pay-per-view services, or on -demand programming);
(6) ancillary programming services (e.g., electronic program guide services, search
functions, or other interactive services or communications that are ancillary, necessary or
common to the use or enjoyment of the video programming);
(7) equipment leases (e.g., converters, remote devices); and,
(8) service calls, service protection plans, name changes, changes of services, and special
services.
E. To prevent actual multi jurisdictional taxation of communication services subject to tax under
this Section, any service user, upon proof to the Tax Administrator that the service user has
previously paid the same tax in another state or city on such communication services, shall be
allowed a credit against the tax imposed to the extent of the amount of such tax legally imposed in
such other state or city; provided, however, the amount of credit shall not exceed the tax owed to
the City under this Section.
R The tax on communication services imposed by this Section shall be collected from the service
user by the service supplier or person receiving payment for the services. The amount of the tax
collected in one month shall be remitted to the Tax Administrator, and must be received by the
Tax Administrator, on or before the last day of the following month.
G. Except as otherwise provided by applicable federal or state law, if any nontaxable charges are
combined with and not separately stated from taxable service charges on the customer bill or
invoice of a service supplier, the combined charge is subject to tax unless the service supplier
identifies, by reasonable and verifiable standards, the portions of the combined charge that are
nontaxable and taxable through the service supplier's books and records kept in the regular course
of business, and in accordance with generally accepted accounting principles, and not created and
maintained for tax purposes. The service supplier has the burden of proving the proper
apportionment of taxable and non-taxable charges.
H. For purposes of imposing a tax or establishing a duty to collect and remit a tax under this
Section, "substantial nexus" and "minimum contacts" shall be construed broadly in favor of the
imposition, collection and/or remittance of the communication users tax to the fullest extent
permitted by state and federal law, and as it may change from time to time by judicial
interpretation or by statutory enactment. Any communication service (including VoIP) used by a
person with a service address in the City, which service is capable of terminating a call to another
person on the general telephone network, shall be subject to a rebuttable presumption that
"substantial nexus/minimum contacts" exists for purposes of imposing a tax, or establishing a duty
to collect and remit a tax, under this Chapter, A service supplier shall be deemed to have
sufficient activity in the City for tax collection and remittance purposes if its activities include, but
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are not limited to, any of the following: maintains or has within the City, directly or through an
agent or subsidiary, a place of business of any nature; solicits business in the City by employees,
independent contractors, resellers, agents or other representatives; solicits business in the City on a
continuous, regular, seasonal or systematic basis by means of advertising that is broadcast or
relayed from a transmitter with the City or distributed from a location with the City; or advertises
in newspapers or other periodicals printed and published within the City or through materials
distributed in the City by means other than the United States mail. The City shall make available,
upon request, an accurate description of its jurisdictional boundaries based on street addresses
and/or ZIP Plus Four, in an electronic format. If a service supplier relies upon such information
provided by City, it shall not be responsible for any errors in taxation that may result.
I. Satisfaction of Tax Obligation by Service Users. Any person who pays the tax levied pursuant
to this Section with respect to any charge for a communication service shall be deemed to have
satisfied his or her obligation to pay the tax levied pursuant to former Section 3.36.040 and
Section 3.36.080 as codified immediately prior to adoption of this ordinance with respect to that
charge. Likewise, prior to April 1, 2008, any person who pays the tax levied pursuant to former
Section 3.36.040 and Section 3.36.080 as codified immediately prior to adoption of this ordinance
shall be deemed to have satisfied his or her obligation to pay the tax levied pursuant to this Section
with respect to that charge. The intent of this paragraph is to prevent the imposition of multiple
taxes upon a single utility charge during the transition period from the prior telephone and cable
telephone tax to the new communication services tax (which transition period ends April 1, 2008)
and to permit communication service providers, during that transition period to satisfy their
collection obligations by collecting either tax.
J. Collection of Tax by Service Supplier. Service Suppliers shall begin to collect the tax
imposed by this Section as soon as feasible after the effective date of the Section, but in no event
later than permitted by Section 799 of the California Public Utilities Code.
SECTION 3. Section 3.36.080 is hereby repealed.
SECTION 4. Effective Date. This Chapter shall become effective immediately
upon the date that this Ordinance is confirmed and approved by the voters of Hermosa Beach at
the Municipal General Election of November 6, 2007
SECTION 5. Amendment or Repeal. Section 3.36.040 of the Hermosa Beach
City Code may be repealed or amended by the City Council without a vote of the people.
However, as required by Article XHIC of the California Constitution, voter approval is required
for any amendment provision that would increase the rate of any tax levied pursuant to this
Ordinance.
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SECTION 6. Severability. If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of
competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full
force and effect. The people hereby declares that they would have adopted each section,
subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any
one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be
declared invalid or unenforceable.
SECTION 7. Ratification of Prior Tax. The voters of the City of Hermosa Beach
hereby ratify and approve the past collection of the Telephone and Cable Television Users Tax
under Chapter 3.36 of the Hermosa Beach Municipal Code as it existed prior to the effective date
of this Ordinance.
SECTION 8. Execution. The Mayor is hereby authorized to attest to the adoption
of this Ordinance by the voters of the City by signing where indicated below.
ORDINANCE NO. 07-1290 (MEASURE H) — PASSED, APPROVED AND ADOPTED BY
THE ELECTORATE OF HERMOSA BEACH, CALIFORNIA, AT THE NOVEMBER 6,
2007 GENERAL MUNICIPAL ELECTION BY THE FOLLOWING VOTE (WHICH WAS
CERTIFIED NOVEMBER 27,2007):
ATTEST -
City Clerk
AYES: 2,243 NOES: 867
ENT of the (city
MAYOR of the City of Hermosa Beach, California
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ORDINANCE NO. 08-1291
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO
THE MUNICIPAL CODE REGARDING ADULT BUSINESS
REGULATIONS
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
I HEREBY AMENDS THE HERMOSA BEACH MUNICIPAL CODE AS FOLLOWS:
SECTION 1. Section 17.04.060 of Title 17, Chapter 17.04 of the Hermosa Beach
Municipal Code is amended by amending the definition of "Adult business" therein to read as
follows:
"Adult business" means any business, or portion thereof, which, because minors are
excluded by virtue of their age as a prevailing business practice, is not customarily open to
the general public and wherein the regular and substantial course of conduct is the offering
of materials, services and/or products or adult paraphernalia that have as their dominant
theme the sexual arousal, sexual gratification and/or sexual stimulation of a customer, This
definition includes without limitation adult bookstores, adult cabarets and adult motion
picture theaters/arcades as defined in this Code. This definition is not intended to classify
as an adult business the practice of licensed chiropractors, physicians, physical therapists,
psychologists, marriage or family counselors or licensed social workers when properly
engaged in their licensed activities.
SECTION 2. The definitions of "X-rated" and "Regular or substantial portion" in Section
17.04.060 of Title 17, Chapter 17.04 are hereby repealed.
SECTION 3. Section 17.40.050 of Title 17, Chapter 17.40 is amended to read as follows:
17.40.050 Adult businesses.
A. In lieu of the findings required by Section 17.40.020, the Planning Commission shall
approve an application for a conditional use permit for an adult business where evidence
presented substantiates all of the following findings.
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1 The exterior walls of the proposed establishment are located more than two
hundred (200) feet from the exterior boundaries of any lot or parcel of residentially
zoned property, any property used for a church, temple or other place used
exclusively for religious worship, or any playground, park with recreational
facilities or school.
2. The exterior walls of the proposed establishment are located more than one
thousand (1000) feet from the exterior boundaries of any lot or parcel of land upon
which any other such adult business establishment is located.
3. For adult businesses that will operate more than four (4) film or video viewing
machines or booths, the proposed establishment is capable of providing one off-
street parking space for every such machine or booth in excess of the four
machines or booths.
In addition to any other applicable standards set forth in the Zoning Ordinance, an adult
business must meet the following design and performance standards:
1, All building openings, entries and windows shall be designed or screened so that
the contents may not be seen from the public sidewalk or equivalent public areas
accessible to minors.
2. The number of film or video viewing machines or booths shall not exceed one
machine per one hundred (100) square feet of floor area.
3. Notwithstanding the parking requirements in Chapter 17.44 of this Code, an adult
business that operates more than four (4) film or video viewing machines or booths
must maintain a minimum of one off-street parking space for every such machine
or booth in excess of the four machines or booths.
4. The public interior areas shall be fully and brightly lighted and arranged so that all
indoor areas of the business within which patrons are permitted, except restrooms,
shall be open to view by management at all times and so that the entire body of any
patron is visible by management at all times.
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5. There shall be no doors or other similar closable screens on video or film viewing
booths. No viewing machine or booth may be occupied by more than one person at
any one time. The walls or partitions between viewing machines or booths shall be
maintained in good repair at all times and shall not contain holes between any two
machines or booths as would allow either
a. Viewing from one machine or booth into another; or
b. Physical contact of any kind between the occupants of any two rooms.
6. Trash dumpsters shall be enclosed by a screening enclosure and locked at all times
so as not to be accessible to the public.
7 Landscaping shall not exceed thirty (30) inches in height, except trees with foliage
not less than six feet above ground.
8. All off-street parking areas and premises entries of the adult business shall be
illuminated from sunset to closing hours of operating with a lighting system which
provides an average maintained horizontal illumination of one footcandle of light
on parking surfaces and walkways. The lighting shall be shown on plans submitted
pursuant to the application for the adult business.
9. The business shall maintain a security system that visually monitors and records all
off-street parking surfaces serving the business. The records shall be maintained
for a minimum of thirty (30) days and shall be made available to the Police Chief.
10. Every establishment shall have clearly visible signs at all entrances stating "Adults
Only- No Minors Allowed," or equivalent wording.
11, The business shall not display on the outside of the building any obscene or
offensive signs containing statements, words, or pictures of an obscene or indecent
character which appeal to the prurient interest in sex, or which are patently
offensive and do not have serious literary, artistic, political, or scientific value.
12. The business shall employ a person on the premises to act as manager at all times
during which the business is open.
SECTION 4. Section 17.40.060 of Title 17, Chapter 17.40 is hereby repealed.
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SECTION 5. Section 15061(b)(3) of Title 14 of the California Code of Regulations
exempts the project from the requirements of the California Environmental Quality Act.
SECTION 6. This Ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 7. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
SECTION 8. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 11th of March 2008 by the following vote:
AYES: Bobko, DiVirgilio, Reviczky, Tucker, Mayor Keegan
NOES: None
ABSENT. Nbne
ABSTAIN: None %J ///,
PRESIDENT of thc� City Council and
ATTEST:
City Clerk
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W
of the City of Hermosa Beach, California
4 08-1291
• STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 07-1291 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 11th of March 2008, and said
ordinance was published in the Easy Reader newspaper on March 20, 2008.
The vote was as follows:
AYES: Bobko, DiVirgilio, Reviczky, Tucker, Mayor Keegan
NOES: None
ABSENT• None
ABSTAIN: None
DATED: March 25, 2008
City Clerk
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A
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
legals a easyreader.info
PROOF OF PUBLICATION
(2015.5C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
circulation by the. Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
March 20"'
ALL IN THE YEAR 2008
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 20"' day of March, 2008
CA Ad •U - dy A. Aa-9
ae, Principal Clerk
Proof of Publication of:
CITY OF HERMOSA BEACH
Ordinance 08-1201-
H
HC08-003 0 �_�,'. City of
X fk f� Hermosa Beach
ORDINANCE NO. 08-1291
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF HERMOSA BEACH, CALIFORNIA, APPROVING A
ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE
REGARDING ADULT BUSINESS REGULATIONS
THE CITY COUNCIL OFTHE CITY OF HERMOSA BEACH,
CALIFORNIA, HEREBY AMENDS THE HERMOSA BEACH
MUNICIPAL CODE AS FOLLOWS:
SECTION 1. Section 17.04.060 of Title 17, Chapter 17.04 of
the Hermosa Beach Municipal Code is amended by amending
the definition of "Adult business" therein to read as follows:
"Adult business" means any business, or portion thereof,
which, because minors are excluded by virtue of their age as
a prevailing business practice, is not customarily open to the.
general public and wherein the regular and substantial course
of conduct is the offering of materials, services and/or prod-
ucts or adult paraphernalia that have as their dominant theme
the sexual arousal, sexual gratification and/or sexual stimula-
tion of a customer. This definition includes without limitation
adult bookstores, adult cabarets and adult motion picture the-
aters/arcades as defined in this Code. This definition is not
intended to classify as an adult business the practice of
licensed chiropractors, physicians, physical therapists, psy-
chologists, marriage or family counselors or licensed social
workers when properly engaged in their licensed activities.
SECTION 2. The definitions of "X-rated" and "Regular or sub-
stantial portion" in Section 17.04.060 of Title 17,, Chapter 17.04
are hereby repealed.
SECTION 3. Section 17.40.050 of Title 17, Chapter 17.40 is
amended to read as follows:
17.40.050 Adult businesses.
A. In lieu of the findings required by Section 17.40.020, the
Planning Commission shall approve an application for a
conditional use permit for an adult business where evi-
dence presented substantiates all of the following findings.
1. The exterior walls of the proposed establishment are
located more than two hundred (200) feet from the exte-
rior boundaries of arty lot or parcel of residentially zoned
property, any property used for a church, temple or other
place used exclusively for religious worship, or any play-
ground, park with recreational facilities or school.
2. The exterior walls of the proposed establishment are
located more than one thousand (1000) feet from the
exterior boundaries of any lot or parcel of land upon
which any other such adult business establishment is
located.
3. For adult businesses that will operate more than four (4)
film or video viewing machines or booths, the proposed
establishment is capable of providing one off-street
parking space for every such machine or booth in
excess of the four•machines or booths.
B. In addition to any other applicable standards set forth in the
Zoning Ordinance, an adult business must meet the fol-
lowing design and performance standards:
1. All building openings, entries and windows shall be
designed or screened so that the contents may not be
seen from the public sidewalk or equivalent public areas
accessible to minors.
2. The number of film or video viewing machines or booths
shall not exceed one machine per one hundred (100)
square feet of floor area.
3. Notwithstanding the parking requirements in Chapter
17.44 of this Code, an adult business that operates
more than four (4) film or video viewing machines or
booths must maintain a minimum of one off-street park-
ing space for every such machine or booth in excess of
the four machines or booths.
4. The public interior areas shall be fully and brightly light-
ed and arranged so that all indoor areas of the business
within which patrons are permitted, except restrooms,
shall be open to view by management at all times and
so that the entire body of any patron is visible by man-
agement at all times.
egyt6 ni,ei
•
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5. There shadl be rro doors or other similar closable screens
on video or film viewing booths. No viewing machine or
booth may be occupied by more than one person at any
one time. The walls or partitions between viewing
machines or booths shall be maintained in good repair at I
all times and shall not contain holes between any two
machines or booths as would allow either:
a. Viewing from one machine or booth into another; or
b. Physical contact of any kind between the -occupants
of any two rooms.
6. Trash dumpsters shall be enclosed by a screening
enclosure and locked at all times so as not to be
accessible to the public.
7. Landscaping shall not exceed thirty (30) inches in
height, except trees with foliage not less than six feet
above ground.
8. All off-street parking areas and premises entries of the
adult business shall be illuminated from sunset to clos-
ing hours of operating with a lighting system which pro-
vides an average maintained horizontal illumination of
one footcandle of light on parking surfaces and walk-
ways. The lighting. shall be shown on plans submitted
pursuant to the;application for the adult business.
9. The business ,shall maintain a security system that
visually monitors and records all off-street parking sur-
faces serving the business. The records shall be main-
tained for a minimum of thirty (30) days and shall be
made available to the Police Chief.
10. Every establishment shall have clearly visible signs at
all entrances stating "Adults Only- No Minors Allowed,"
or equivalent wording.
11. The business shall not display on the outside of the
building any obscene or offensive signs contairring
statements, words, or pictures of an obscene or inde-
cent character which appeal to the prurient interest in
sex, or which are patently offensive and do not have
serious literary, artistic, political, or scientific value.
12. The business shall employ a person on the premises
to act as manager at all times during which the
business is open.
SECTION 4. Section 17.40.060 of Title 17, Chapter 17.40 is
hereby repealed.
SECTION S. Section 15061(b)(3) of Title 14 of the California
Code of Regulations exempts the project from the requirements
of the California Environmental Quality Act.
SECTION 6. This Ordinance shall become effective and be in
full force and effect from and after thirty (30) days of its final pas-
sage and adoption.
SECTION 7. Prior to the expiration of fifteen (15) days after
the date of its adoption, the City Clerk shall cause this Ordinance
to be published in the Easy Reader, a weekly newspaper of gen-
eral circulation published and circulated, in the City of Hermosa
Beach in the manner provided by law.
SECTION 8. The City Clerk shall certify to the passage and
adoption of this Ordinance, shall enter the same in the book of
original Ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings
of the City Council at which the same is passed and adopted.
PASSED, APPROVED and ADOPTED this 11th of March
2008 by the following vote:
AYES: Bobko, DiVirgilio, Reviczky, Tucker, Mayor Keegan
NOES: None
ABSENT: None
ABSTAIN: None
Michael Keeaan
PRESIDENT of the City Council and MAYOR
of the City of Hermosa Beach, California
ATTEST:
Elaine Doerfling
City Clerk
APPROVED AS TO FORM:
Michael Jenkins
City Attorney
Easy Reader Inc/Redondo Hometown News/
March 20, 2008/HC08-003
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ORDINANCE NO. 08-1292U
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO
THE MUNICIPAL CODE PROHIBITING MEDICAL MARIJUANA
DISPENSARIES AND DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH HEREBY AMENDS
THE HERMOSA BEACH MUNICIPAL CODE AS FOLLOWS:
SECTION 1. Medical marijuana dispensaries shall be added to the alphabetical list of
commercial land uses in Hermosa Beach Municipal Code Section 17.26.030, indicated by the
appropriate symbol that it is a prohibited use, as follows:
USE IC -1
[C-2
C-3 See Section
F-F-[-�
Medical Marijuana Dispensaries
FF
-7-1
17.42. 110
F ...
F -F
-F-1
-a
SECTION 2. Section 17.42.110 Medical Marijuana Dispensaries Prohibited shall be
added to the Hermosa Beach Municipal Code to read as follows:
17.42.110. Medical Marijuana Dispensaries Prohibited.
A. Definitions
1, "Marijuana" shall have the same meaning as the definition of that word in Health
and Safety Code Section 11018.
2. "Medical Marijuana" means marijuana authorized for personal medical use in
compliance with Health and Safety Code Section 11362.5, et seq.
3. "Medical Marijuana Dispensary" means any facility or location, whether fixed or
mobile, where a primary caregiver makes available, sells, transmits, gives or
otherwise provides medical marijuana to two or more persons with identification
cards or qualified patients, or any facility where qualified patients, persons with
identification cards and primary caregivers meet or congregate collectively and
cooperatively to cultivate or distribute marijuana for medical purposes under the
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authority of California Health and Safety Code section 11362.5, et seq. Medical
Marijuana Dispensary shall not include the following uses, so long as such uses
comply with this Code, the California Health and Safety Code Section 11362.5, et
seq., and other applicable law:
a. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and
Safety Code.
b. A health care facility licensed pursuant to Chapter 2 of Division 2 of the
Health and Safety Code.
C. A residential care facility for persons with chronic life-threatening illness
licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety
Code.
d. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of
Division 2 of the Health and Safety Code.
e. A hospice or a home health agency, licensed pursuant to Chapter 8 of
Division 2 of the Health and Safety Code.
4. "Person with an Identification Card" shall have the same meaning as the definition
of that word in Health and Safety Code Section 11362.7
5. "Primary Caregiver" shall have the same meaning as the definition of that word in
Health and Safety Code Section 11362.7
6. "Qualified Patient" shall have the same meaning as the definition of that word in
Health and Safety Code Section 11362.7
B. Medical marijuana dispensaries prohibited.
Medical marijuana dispensaries are prohibited in all zones throughout the City.
C. Violations and remedies.
1, Criminal penalties. Any violation of any provision of this chapter shall be deemed
a misdemeanor and shall be punishable in accordance with Chapter 1.04.
SECTION 3. Section 15061(b)(3) of Title 14 of the California Code of Regulations
exempts the project from the requirements of the California Environmental Quality Act.
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SECTION 4. Nothing in this Ordinance shall be interpreted to conflict with the
provisions of Health and Safety Code Section 113 62.5, et seq.
SECTION 5. This Ordinance shall become effective upon adoption. The interim
Ordinance prohibiting the establishment of medical marijuana dispensaries adopted by Ordinance
No. 07.1268U and extended by Ordinance No. 07-1269 expires on April 7, 2008. In order to
avoid a gap in the City's laws, it is essential that this Ordinance take effect prior to the expiration
of the interim Ordinance. Hence, the immediate preservation of the public peace, health, and
safety requires that this Ordinance take effect immediately. In the absence of immediate
effectiveness, the potential that medical marijuana dispensaries may attempt to locate in the City
poses a current and immediate threat to the public health, safety and welfare. This Ordinance is
necessary to alleviate and address that threat. Accordingly, this Ordinance is an urgency
Ordinance adopted pursuant to California Government Code Section 36937 and shall take effect
immediately upon its adoption by a four-fifths vote of the City Council.
SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 25th of March 2008 by the following vote:
AYES:
Bobko, DiVirgilio, Reviczky, Tucker
NOES:
Mayor Keegan
ABSENT-
None
ABSTAIN:
None
PRESID
ATTEST•
1��tC y Cle�� rk
of the City Cofincil add-MAiyOyof the City of Hermosa Beach, California
3
APPROVED
City Attorney
08-1292U
• STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 08-1292U was duly passed, approved
and adopted as an urgency ordinance by the City Council of the City of Hermosa Beach
at a regular meeting held at the regular meeting place thereof on the 25th of March 2007
The vote was as follows:
AYES: Bobko, DiVirgilio, Reviczky, Tucker
NOES: Mayor Keegan
ABSENT• None
ABSTAIN: None
DATED: April 8, 2008
City Clerk
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ORDINANCE NO. 08-1292
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO
THE MUNICIPAL CODE PROHIBITING MEDICAL MARIJUANA
DISPENSARIES
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH HEREBY AMENDS
THE HERMOSA BEACH MUNICIPAL CODE AS FOLLOWS:
SECTION 1. Medical marijuana dispensaries shall be added to the alphabetical list of
commercial land uses in Hermosa Beach Municipal Code Section 17.26.030, indicated by the
appropriate symbol that it is a prohibited use, as follows:
USE IC -1 IC -2 IC -3 (See Section
-F 7
Medical Marijuana Dispensaries I - 17.42. 110
SECTION 2. Section 17.42.110 Medical Marijuana Dispensaries Prohibited shall be
added to the Hermosa Beach Municipal Code to read as follows:
17.42.110. Medical Marijuana Dispensaries Prohibited.
A. Definitions
1, "Marijuana" shall have the same meaning as the definition of that word in Health
and Safety Code Section 11018.
2. "Medical Marijuana" means marijuana authorized for personal medical use in
compliance with Health and Safety Code Section 11362.5, et seq.
3. "Medical Marijuana Dispensary" means any facility or location, whether fixed or
mobile, where a primary caregiver makes available, sells, transmits, gives or
otherwise provides medical marijuana to two or more persons with identification
0
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cards or qualified patients, or any facility where qualified patients, persons with
identification cards and primary caregivers meet or congregate collectively and
cooperatively to cultivate or distribute marijuana for medical purposes under the
authority of California Health and Safety Code section 11362.5, et seq. Medical
Marijuana Dispensary shall not include the following uses, so long as such uses
comply with this Code, the California Health and Safety Code Section 11362.5, et
seq., and other applicable law -
a. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and
Safety Code.
b. A health care facility licensed pursuant to Chapter 2 of Division 2 of the
Health and Safety Code.
C. A residential care facility for persons with chronic life-threatening illness
licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety
Code.
d. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of
Division 2 of the Health and Safety Code.
e. A hospice or a home health agency, licensed pursuant to Chapter 8 of
Division 2 of the Health and Safety Code.
4. "Person with an Identification Card" shall have the same meaning as the definition
of that word in Health and Safety Code Section 11362.7
5. "Primary Caregiver" shall have the same meaning as the definition of that word in
Health and Safety Code Section 11362.7
6. "Qualified Patient" shall have the same meaning as the definition of that word in
Health and Safety Code Section 11362.7
Medical marijuana dispensaries prohibited.
Medical marijuana dispensaries are prohibited in all zones throughout the City.
Violations and remedies.
2 os -1292
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1, Criminal penalties. Any violation of any provision of this chapter shall be deemed
a misdemeanor and shall be punishable in accordance with Chapter 1.04.
SECTION 3. Section 15061(b)(3) of Title 14 of the California Code of Regulations
exempts the project from the requirements of the California Environmental Quality Act.
SECTION 4. Nothing in this Ordinance shall be interpreted to conflict with the
provisions of Health and Safety Code Section 113 62.5, et seq.
SECTION 5. This Ordinance shall become effective and be in full force and in effect
from and after thirty (30) days of its final passage and adoption.
SECTION 6. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
SECTION 7. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 25th of March 25, 2008 by the following vote:
AYES:
Bobko, DiVirgilio, Reviczky, Tucker
NOES:
Mayor Keegan
ABSENT-
None
ABSTAIN:
None
PRESIDENT of the
ATTEST -
MAYOR of the City of Hermosa Beach, California
APPROVED AS TO FORM:
3
05-1292
• STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 08-1292 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 25th of March 2008, and said
ordinance was published in the Easy Reader newspaper on April 3, 2008.
The vote was as follows:
AYES: Bobko, DiVirgilio, Reviczky, Tucker, Mayor Keegan
NOES: Mayor Keegan
ABSENT- None
ABSTAIN: None
DATED: April 8, 2008
City Clerk
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
legals@easyreader.info
PROOF OF PUBLICATION
(2015.5C.C.P )
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH; County of Los Angeles, and which
• newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772; and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
I ssue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
April 3"'
ALL IN THE YEAR 2008
1 certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA.
This 4"' day of April, 2008
Judy A. ae, gPrinci;pa�I—Clerk
Proof of Publication of:
CITY OF HERMOSA BEACH
Ordinance #08-1292
HC08-006 0 ='. City of
Hermosa Beach
ORDINANCE NO. 08-1292
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL
CODE PROHIBITING MEDICAL MARIJUANA DISPENSARIES
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH HEREBY AMENDS THE HER-
MOSA BEACH MUNICIPAL CODE AS FOLLOWS:
SECTION 1. Medical marijuana dispensaries shall be added to the alphabetical list of commer-
cial land uses in Hermosa Beach Municipal Code Section 17.26.030, indicated by the appropriate I
symbol that it is a prohibited use, as shown in the land use regulations chart in this section of the
Municipal Code.
SECTION 2. Section 17.42.110 Medical Marijuana Dispensaries Prohibited shafl be added to the
Hermosa Beach Municipal Code to read as follows:
17.42.110. Medical Marijuana Dispensaries Prohibited.
A. Definitions
1. "Marijuana" shall have the same meaning as the definition of that word in Health and
Safety Code Section 11018.
2, "Medical Marijuana" means marijuana authorized for p6sonal medical use in compli-
ance with Health and Safety Code Section 11362.5, et seq.
3: "Medical Marijuana Dispensary" means any facility or location, whether fixed or mobile,
where a primary caregiver makes available, sells, transmits, gives or otherwise pro-
vides medical marijuana to two or more persons with identification cards or qualified
patients, or any facility where qualified patients, persons with identification cards and
primary caregivers meet or congregate collectively and cooperatively to cultivate or dis-
tribute marijuana for medical purposes under the authority of California Health and
Safety Code section 11362.5, et seq. Medical Marijuana Dispensary shall not include
the following uses, so long as such uses comply with this Code, the California Health
and Safety Code Section 11362.5, et seq., and other applicable law:
a. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety
Code.
b. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health
and Safety Code.
c. A residential care facility for persons with chronic life-threatening illness licensed
pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code.
d. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of
Division 2 of the Health and Safety Code.
e. A hospice or a home health agency, licensed pursuant to Chapter 8 of Division
2 of the Health and Safety Code.
4. "Person with an Identification Card" shall have the same meaning as the definition of
that word in Health and Safety Code Section 11362.7.
5. "Primary Caregiver" shall have the same meaning as the definition of that word in .
Health and Safety Code Section 11362.7.
6. "Qualified Patient" shall have the same meaning as the definition of that word in Health
and Safety Code Section 11362.7.
B. Medical marijuana dispensaries prohibited.
Medical marijuana dispensaries are prohibited in all zones throughout the City.
C. Violations and remedies.
1. Criminal penalties. Any violation of any provision of this chapter shall be deemed a mis-
demeanor and shall be punishable in accordance with Chapter 1.04.
SECTION 3. Section 15061(b)(3) of Title 14 of the California Code of Regulations exempts. the
Project from the requirements of the California Environmental Quality Act.
SECTION 4. Nothing In this Ordinance shall be interpreted to conflict with the provisions of
Health and Safety Code Section 11362.5, et seq.
SECTION 5. This Ordinance shall become effective and be in full force and in effect from and,
after thirty (30) days of its final passage and adoption.
SECTION 6. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk
shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of general cir-
culation published and circulated, in the City of Hermosa Beach in the manner provided by law.
SECTION 7. The City Clerk shall certify to the passage and adoption of this Ordinance, shall
enter the same in the book of original Ordinances of said city, and shall make minutes of the pas-
sage and adoption thereof in the records of the proceedings of the City Council at which the same
is passed and adopted.
PASSED, APPROVED and ADOPTED this 25th of March 2008 by the following vote:
AYES: Bobko, DiVirgilio, Reviczky, Tucker
NOES: Mayor Keegan
ABSENT: None
ABSTAIN: None
Michael Keegan
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California
ATTEST. APPROVED AS TO FORM:
Elaine Doerfling Michael Jenkins
City Clerk City Attorney
Easy Reader InclRedondo Hometown News/April 3, 2008/HC08-006
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ORDINANCE NO. 08-1293
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, AMENDING THE ZONING MAP FROM R -IA TO
"SPECIFIC PLAN AREA NO. 10" AT 719 AND 725 TWENTY-FIRST
STREET LEGALLY DESCRIBED AS LOTS 23 AND 24, HERMOSA VIEW
TRACT NO. 1, AND AMENDING THE MUNICIPAL CODE TO
INCORPORATE THE R -IA STANDARDS IN SAID ZONE BUT
EXCLUDING THE SPECIFIC RESTRICTION OF TWO UNITS PER LOT,
AND ADOPTING A NEGATIVE DECLARATION
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. An application was filed by Urban Pointe Development owner of real
property located at 719 and 725 Twenty -First Street, seeking approval of a zone change and code
amendment in conjunction with a Conditional Use Permit, Precise Development Plan, and Vesting
Tentative Parcel Map No. 70310 for a four -unit condominium project.
SECTION 2. The City Council conducted a duly noticed public hearing to consider the
subject application on May 13, 2008, at which testimony and evidence, and the record of decision
of the Planning Commission, both written and oral, was presented to and considered by the City
Council.
SECTION 3. The Planning Commission conducted a duly noticed public hearing to
consider the subject application on March 18, 2008, at which testimony and evidence, both written
and oral, was presented to and considered by the Planning Commission.
SECTION 4. Based on evidence received at the public hearing, and the record of the
decision of the Planning Commission, the City Council makes the following factual findings:
1, The subject site is composed of two 6,863 square foot lots (13,726 square feet combined)
that front onto Twenty -First Street. The lots are currently vacant, zoned R-lA (Limited One -Family
Residential) and have a General Plan designation of LD (Low Density Residential).
08-1293
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2. The applicant is requesting to merge the two lots and construct four (4) detached
condominium units using a shared driveway easement with an eight -unit condominium project
approved by the Planning Commission in late 2006.
3. The R-1 A zone allows only two units per lot. The applicant is requesting to merge the
subject lots, and requesting a zone change and code amendment to allow for the increase in the
number of units per lot.
4. At their meeting of February 7, 2008, the Staff Environmental Review Committee
recommended an environmental Negative Declaration.
SECTION 5. Based on the foregoing factual findings, the City Council makes the
following findings pertaining to the zone change and text amendment:
1, That both lots could be developed with two residential units under the current R-1 A
development standards.
2. Merger of the two lots will allow for a shared/reciprocal driveway easement with the
adjacent property to the east thus eliminating the need for two additional curb -cuts on Twenty -First
Street that would be required should the lots be developed independently.
3. The proposed zone change and text amendment will not change the density allowed for the
subject property and therefore will be consistent with the maximum density allowed by the current
General Plan designation.
4. The City Council concurs with the Planning Commission and the Staff Environmental
Review Committee's recommendation, based on their environmental assessment/initial study that
this project will result in no impact on the environment, and therefore qualifies for a Negative
Declaration.
SECTION 6 Based on the foregoing, the Zoning Map is hereby amended to redesignate
the property at 719 and 725 Twenty -First Street, legally described as lots 23 and 24, Hermosa
View Tract No. 1, from R -1A (Limited One -Family Residential) to Specific Plan Area No. 10.
SECTION 7. Based on the foregoing, Title 17, Section 17.38 of the Municipal Code is
hereby amended to add the following:
2
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17.38.460 Plan Area No. 10 -Authority.
This specific plan area is an instrument for implementing the general plan pursuant to
Article 8, Chapter 3, of the state Planning and Zoning Law,
17.38.470 Plan Area No. 10 -Location and description.
The subject area is located on the north side of Twenty -First Street between Ardmore
Avenue and Pacific Coast Highway.
17.38.480 Plan Area No. 10 -Purpose.
The purpose of this specific plan area is to set forth the development requirements, standards
and permitted uses for the subject area.
17.38.490 Plan Area No. 10 -Permitted uses.
A. Any use permitted in the R-1 One -Family Residential zone;
B. Attached and/or detached multiple -family dwelling units;
C. Condominium developments consistent with the Condominium Ordinance of the
City.
17.38.500 Plan Area No. 10 -Development standards.
A. Lot Area Per Dwelling Unit. The minimum lot area per dwelling unit shall be not
less than three -thousand three hundred fifty (3,350) square feet and the maximum
number of units per lot shall be four (4).
B. All other development standards shall be asset forth in Chapter 17 ,10, R-1 A
Limited One -Family Residential zone.
C. All other standards shall be as set forth in the zoning ordinance.
SECTION 8. This Ordinance shall become effective and be in full force and in effect
from and after thirty (30) days of its final passage and adoption.
SECTION 9. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
3
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SECTION 10. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 10th of June 2008 by the following vote:
AYES: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky
NOES: None
ABSENT- None
ABSTAIN: None
PRESIDENT of
ATTEST -
Clerk
Council andYOR of the City of Hermosa Beach, California
APPROVED AS TO FORM:
4
08-1293 I
• STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 08-1293 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 10th of June 2008, and said
ordinance was published in the Easy Reader newspaper on June 19, 2008.
The vote was as follows:
• AYES:
Bobko, DiVirgilio, Reviczky, Tucker, Mayor Keegan
NOES:
None
ABSENT-
None
ABSTAIN:
None
DATED: June 24, 2008
Q'�" &A.
U� Co
City Clerk
• EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 3 1 318-6292
legal s@easyreader. info
PROOF OF PUBLICATION
(2015..5C.C.P.)
STATE OF CALIFORNIA;
County of Los Angeles,
1 am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
• circulation by the Superior Court of the County of Los
Angeles; State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989.
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
June 19"'
ALL ItN THE YEAR 2008
certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 26'x' day of June, 2008
1�0 A 611 1 �L& -
UV d ae, Principal C e
Proof of Publication of.
CITY OF HERMOSA BEACH
Ordinance #08-1293
HC08-014
r.AMo.
City of
Hermosa Beach
ORDINANCE NO. 08-1293
"/Z
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING
MAP FROM R-1ATO "SPECIFIC PLAN AREA NO. 10" AT 719
AND 725 TWENTY-FIRST STREET LEGALLY DESCRIBED
AS LOTS 23 AND 24, HERMOSA VIEW TRACT NO. 1, AND
AMENDING THE MUNICIPAL CODE TO INCORPORATE THE
R -1A STANDARDS IN SAID ZONE BUT EXCLUDING THE
SPECIFIC RESTRICTION OF TWO UNITS PER LOT, AND
ADOPTING A NEGATIVE DECLARATION
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. An application was filed by Urban Pointe
Development owner of real property located at 719 and 725
Twenty -First Street, seeking approval ofa zone change and code
amendment in conjunction with a Conditional Use Permit, Precise
Development Plan, and Vesting Tentative Parcel Map No. 70310
for a four -unit condominium project.
SECTION 2. The City Council conducted a duty noticed public
hearing to consider the subject application on May 13, 2008; at
which testimony and evidence, and the record of decision of the
Planning Commission, both written and oral, was presented to
and considered by the City Council.
SECTION 3. The Planning Commission conducted a duly noticed
public hearing to consider the subject application on March 18,
2008, at which testimony and evidence, both written and oral, was
presented to and considered by the Planning Commission.
SECTION 4. Based on evidence received at the public hearing,
and the record of the decision of thee Planning Commission, the
City Council makes the following factual findings:
1. The subject site is composed of two 6,863 square foot lots
(13,726 square feet combined) that front onto Twenty -First Street.
The lots are currently vacant, zoned R -1A (Limited One -Family
Residential) and have a General Plan designation of LD (Low
Density Residential).
2. The applicant is requesting to merge the two lots and construct
four (4) detached condominium units using a shared driveway
easement with an eight -unit condominium project approved by
the Planning Commission in late 2006.
3. The R -1A zone allows only two units per lot. The applicant is
requesting to merge the subject lots, and requesting a zone
change and code amendment to allow for the increase in the
number of units per lot.
4. At their meeting of February 7, 2008, the Staff Environmental
Review Committee recommended an environmental Negative
Declaration.
SECTION 5. Based on the foregoing factual findings, the City
Council makes the following findings pertaining to the zone
change and text amendment:
1. That both lots could be developed with two residential units
under the current R-1 A development standards.
• 2. Merger of the two lots will allow the for a shared/recipro-
cal driveway easement with the adjacent property to the
east thus eliminating the need for two additional curb -cuts
on Twenty -First Street that would be required should the
lots be developed independently.
3. The proposed zone change and text amendment will not
change the density allowed for the subject property and therefore
will be consistent with the maximum density allowed by the cur-
rent General Plan designation.
4. The City Council concurs with the Planning Commission and
the Staff Environmental Review Committee's recommendation,
based on their environmental assessment/initial study that this
project will result in no impact on the environment, and therefore
qualifies for a Negative Declaration.
SECTION 6 Based on the foregoing, the Zoning Map is hereby
amended to redesignate the property at 719 and 725 Twenty -
First Street, legally described as lots 23 and 24, Hermosa View
Tract No. 1, from R -1A (Umited One -Family Residential) to
Specific Plan Area No. 10.
SECTION 7. Based on the foregoing, Tale 17, Section 17.38 of
the Municipal Code is hereby amended to add the following:
17.38.460 Plan Area No. 1D -Authority.
This specific plan area is an instrument for implementing the gen-
eral plan pursuant to Article 8, Chapter 3, of the state Planning
and Zoning Law
17.38.470 Plan Area No. 10 -Location and description.
The subject area is located on the north side of Twenty -First
Street between Ardmore Avenue and Pacific Coast Highway.
17.38.480 Plan Area No. 10 -Purpose.
The purpose of this specific plan area is to set forth the
development requirements, standards and permitted uses
for the subject area.
17.38.490 Plan Area No. 10 -Permitted uses.
A. Any use permitted in the R-1 One -Family Residential zone;
B. Attached and/or detached multiple -family dwelling units;
C. Condominium developments consistent with the
-Condominium Ordinance of the City.
17.38.500 Plan Area No. 10 -Development standards.
A. Lot Area Per Dwelling Unit. The minimum lot area per dwelling
• unit shall be not less than three -thousand three hundred fifty
(3,350) square feet and the maximum number of units per"lot
shall be four (4).
B. All other development standards shall be as set forth in
Chapter 17.10, R-1 A Limited One -Family Residential zone.
C. All. other standards shall be as set forth in the zoning
ordinance.
SECTION 8. This Ordinance shall become effective and be in full
force and in effect from and after thirty (30) days of its final pas-
sage and adoption.
SECTION 9. Prior to the expiration of fifteen (15) days after the
date of its adoption, the City Clerk shall cause this Ordinance to
be published in the Easy Reader, a weekly newspaper of gener-
al circulation published and circulated, in the City of Hermosa
Beach in the manner provided by law,
SECTION 10. The City Clerk shall certify to the passage and
adoption of this Ordinance, shall enter the same in the book of
original Ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings
of the City Council at which the same is passed and adopted.
PASSED, APPROVED and ADOPTED
this 10th of June 2008 by the following vote:
AYES: Bobko, Di Virgilio, Keegan, Tucker, Mayor Reviczky
NOES: None
ABSENT: None
ABSTAIN: None
J. R. Reviczky
PRESIDENT of the City Council and MAYOR of the City of
Hermosa Beach, California
ATTEST:
APPROVED AS TO FORM:
Elaineing
Mike Jenkins
City Clerk
City Attorney
Easy Readerinc/Redondo
Hometown News/June 19,
2008"008-014
>62
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ORDINANCE NO. 08-1294
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE TEXT
AMENDMENT TO THE MUNICIPAL CODE TO ALLOW
EDUCATIONAL INSTITUTIONS IN THE C-3 ZONE AS A
CONDITIONAL USE AND AMEND THE DEFINITION AND PARKING
REQUIREMENTS PERTAINING TO SAID USES
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
HEREBY AMENDS THE HERMOSA BEACH MUNICIPAL CODE AS FOLLOWS:
SECTION 1. The definition of "Educational Institution" in Section 17.04.040 of the
Hermosa Beach Municipal Code shall be amended to read as follows:
"Educational institution" means elementary, junior high, high schools, colleges or universities or
other schools giving general academic instruction in the several branches of learning and study
required to be taught and equivalent to the standards prescribed by the Education Code of the
State of California or California Board of Education, including learning skills integrated with said
education. Excludes schools, academies or institutes, business/trade schools, incorporated or
otherwise, which operate for a profit.
SECTION 2. Educational institutions, K-12, shall be added to the alphabetical list of
commercial land uses in Hermosa Beach Municipal Code Section 17.26.030, indicated by the
appropriate symbol that it is a conditional use in the C-3 zoning district, as follows:
J IUSE
institutions, K-12
_a _;
Section
08-1294 1
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SECTION 3. Section 17.40.190 shall be added to the Hermosa Beach Municipal Code to
read as follows:
17.40. 190 Educational institutions (C-3 Zone).
In the C-3 Zone, the following minimum conditions and standards, in addition to any other
deemed necessary or appropriate to ensure compatibility with existing or future permitted uses in
the vicinity, shall be required:
A. Educational institutions, grades K-12, shall not be located on any parcel with
frontage on Pacific Coast Highway, Sepulveda Boulevard, Aviation Boulevard, Artesia Boulevard
or Pier Avenue.
B. A minimum of one parking space for every seven (7) children, subject to
modification by the Planning Commission to reflect parking demand of the specific facility.
C. Adequate space for loading and unloading children shall be available or shall be
provided on the site.
SECTION 4. Section 15061(b)(3) of Title 14 of the California Code of Regulations
exempts the project from the requirements of the California Environmental Quality Act.
SECTION 5. This Ordinance shall become effective and be in full force and in effect
from and after thirty (30) days of its final passage and adoption.
SECTION 6. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
SECTION 7. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
2
08-1294 1
• 1 passage and adoption thereof in the records of the proceedings of the City Council at which the
2 same is passed and adopted.
3
4 PASSED, APPROVED and ADOPTED this 23rd of September, 2008 by the following vote:
5 AYES: Bobko, Keegan, Tucker, Mayor Reviczky
NOES: None
6 ABSENT- None
ABSTAIN. DiVirgilio
7
8
9 41e Wee_4.,.
10 PRESIDENT o64 City Council an YOR of the City of Hermosa Beach, California
11
12 ATTEST- APPROVED AS TO FORM:
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16 City Clerk City Attorney
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3 08-1294 1
• STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 08-1294 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 23rd of September 2008, and
said ordinance was published in the Easy Reader newspaper on October 2, 2008.
The vote was as follows:
• AYES:
Bobko, Reviczky, Tucker, Mayor Keegan
NOES:
None
ABSENT-
None
ABSTAIN:
DiVirgilio
DATED: October 14, 2008
•
• EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
legal s@easyreader. info
PROOF OF PUBLICATION
(2015.5C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
• newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case. Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
October 2"d
ALL IN THE YEAR 2008
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This god day of October, 2008
. Judy A. kae, Principal Clerk
Proof of Publication of:
CITY OF HERMOSA BEACH
Ordinance 08-1294_ — —
al circulation published and,
PASSED, APPROVED
j. Educational
circulated, in the City of
HC08-022
institutions, K-12, shall be
Hermosa Beach in the man -
September, 2008 by the
added to the alphabetical
ner provided by law.
following vote:
list of commercial land uses
other deemed necessary or
MUNICIPAL CODE AS FOL-
in Hermosa Beach
SECTIDNZ. The City Clerk
1sp"^oo
Municipal Code Section
shall certify to the passage
•
AMEIIOMEV TO THE NMIOCI-
`
17.26.030, indicated by the
and adoption of this
vicinity, shall be required:
ABSENT: None
TOM IISUMT10NB IN THE
appropriate symbol that it is
Ordinance, shall enter the
:o
X
8 !
a conditional use in the C-3
same in the book of original
California Code of
zoning district..
Ordinances of said city, and
ties or other schools giving
SECM.1, Section
shall make minutes of the pas -
ments of the California
17.40.190 shall be added to
sage and adoption thereof in
C" OF
the Hermosa Beach
to
the records of the proceedings
SECTION 1. This Ordinance {
Municipal Code read as
of the City Council at which the
HERMOSA BEACH
; follows:
same is passed and adopted.
ORDINANCE NO. W1294
17.48. 10 E 1 11 --1 IoW -
days of its final passage and
f
Iolloot (C4 Zai)-
PASSED, APPROVED
Boulevard, Aviation
In the C-3 Zone, the follow-
and ADOPTED this 23rd of
minimum conditions and
September, 2008 by the
AN OI�IICE OF THE CITYing
standards, in addition to any
following vote:
COUNCIL OF THE CITY OF 10-
other deemed necessary or
MUNICIPAL CODE AS FOL-
MOSA ,.BEACH, CALIFORNIA,
appropriate to ensure com-
1 AYES: Bobko, Keegan,
APPROVING A ZONE TEXT
patibility with existing or
Tucker, Mayor Reviczky.
AMEIIOMEV TO THE NMIOCI-
future permitted uses in the.
NOES: None
PAL CODE TO ALLOW EDUCA-
vicinity, shall be required:
ABSENT: None
TOM IISUMT10NB IN THE
A. Educational institutions,
ABSTAIN: DiVirgilio
C4 ZONE AE A CONDITIONAL grades K-12, shall not be
USE AM AMEND THE OEBII- located on any parcel with
TION AND PAPAM REOUIE- frontage on Pacific 'Coast
(
Highway, Sepulveda
MENTS PERTAINING TO SO
Boulevard, Aviation
USES .
Boulevard, Artesia
Boulevard or Pier Avenue.
THE CITY COUNCIL OF THE CITY
B. A minimum of one parking
OF H MOSA BEACH HEREBY
space for every seven (7),
AMENDS THE HERMOSA BEACH
children, subject to modifica-
MUNICIPAL CODE AS FOL-
tion by the Planning
LOINS:
Commission to reflect parking
demand of the specific facility.
$MN 1. The definition of
C. Adequate space for load -
"Educational, Institution" in
, ing and unloading children
Section 17.04.040 of the
shall be available or shall be
Hermosa Beach Municipal
provided on the site.
Code shall be amended to
read as follows:
SECTION 4. Section
1Fl000tlolal b1tlWomeans
15061(b)(3) of Title 14 of the
elementary, junior high, high
California Code of
schools, colleges or universi-
Regulations exempts the
ties or other schools giving
project from the require -
general academic instruction
ments of the California
in the several brandies of
Environmental Quality Act.
learning and study required to
be taught and equivalent to
SECTION 1. This Ordinance {
the standards prescribed by
shall become effective and
the Education Code of the
be in full force and in effect
State of California or
from and after thirty (30)
California Board of
days of its final passage and
Education, including learning
adoption.
skills integrated with said edu-
cation. Excludes schools,
SECPN 1. Prior to the expi=
academies or institutes, busi-
ration of fifteen (15) days
ness&ade schools, intcorpo-
after the date of its adoption,
rated or otherwise, which
the City Clerk shall cause
operate for a profit.
1 this Ordinance to be pub-
_
lished in the Easy Reader, a
_
weekly newspaper of gener-
J. R. Reviczky
PRESIDENT of the City
Council and MAYOR of the
City of Hermosa Beach,
California
ATTEST:
Elaine Doerfling
City Clerk
APPROVED AS TO FORM:
Mike Jenkins
City Attomey
Easy Reader Ir c/Redondo Beach
NewslOdober 2, 200&"COB-M
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ORDINANCE NO. 08-1295
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF HERMOSA BEACH, CALIFORNIA, APPROVING A
ZONE TEXT AMENDMENT TO THE MUNICIPAL CODE
TO EXEMPT SOLAR SYSTEMS FROM HEIGHT LIMITS
The City Council of the City of Hermosa Beach, California, hereby amends the Hermosa
Beach Municipal Code as follows:
SECTION 1. Section 17.46.010 of the Hermosa Beach Municipal Code shall be amended
to read as follows:
17.46.010 Height of roof structures.
Commercial and Manufacturing Zones. The following elements may be constructed above
the height limit, provided they do not exceed the height limit by more than eight feet and cover no
more than five percent of the total roof area. Where the height of the element is governed by a
uniform building code standard, the element may exceed the height limit only by the minimum
amount necessary to comply with the uniform building code standards.
A. Elevator housing;
B. Stairways;
C. Tanks;
D. Ventilating fans;
E. Parapet fire walls;
F. Towers;
G. Chimneys;
H. Flues;
I. Vents;
J. Smokestacks;
K. Wireless masts;
L. Similar structures as determined by the planning commission;
08-1295 1
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No structure exceeding the height limit shall result in additional floor area.
Residential Zones. Residential uses may have chimneys, vents and flues exceed the height
limit only to the extent required to meet the uniform building code requirements.
For the height standards for antennas, satellite dishes, and similar structures refer to
Section 17.46.210.
For the development standards for solar energy systems refer to Section 17.46.220.
SECTION 2. Section 17.46.220 "Solar Energy Systems Can Exceed Height" shall be
added to the Hermosa Beach Municipal Code to read as follows:
17.46.220 Solar energy systems can exceed height limits.
Solar energy systems shall be installed and constructed in conformance with the following:
A. Purpose:
To promote the use of solar energy systems in accordance with State law while protecting the
public health and safety.
B. Definitions:
1, "Ancillary solar equipment" means any accessory part or device of a solar energy
system that does not require direct access to sunlight, such as batteries, electric meters, AC/DC
converters or water heater tanks.
2. "Solar collector" means any part or device of a solar energy system that requires direct
access to sunlight and is typically located on the roof top, such as solar panels and solar hot water
or swimming pool heaters.
3. "Solar energy system" means an accessory to the main structure and/or use which
comprises of a combination of solar collector(s) and ancillary solar equipment used to generate
electricity primarily for consumption on the property on which the system is located, or where
multiple consumers or exceptional circumstances exist, on an adjoining property.
C. Development Standards:
2
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1, Solar collectors and solar energy systems may exceed the height limits mandated by
this Code to the minimum extent necessary for their safe and efficient operation in accordance
with the California Building Code and other applicable provisions of state law.
2. Where feasible, solar energy systems shall be integrated into the design of the structure
as an architectural element.
3. Where feasible, roof -mounted solar energy systems shall be located in such a manner
as to ensure emergency access to the roof, provide areas for smoke ventilation opportunities and
provide emergency egress from the roof.
4. Where feasible, ancillary solar equipment shall be located inside the building or be
screened from public view.
5. Solar energy systems shall be erected in a secure, wind resistant manner and be
maintained in good condition.
6. Other applicable development standards in this Code may be modified by the Director
in the case where compliance would demonstrably reduce the operating efficiency or performance
of a solar energy system and compliance will not adversely impact public health and safety.
SECTION 3. Section 15061(b)(3) of Title 14 of the California Code of Regulations
exempts the project from the requirements of the California Environmental Quality Act.
SECTION 4. This Ordinance shall become effective and be in full force and in effect
from and after thirty (30) days of its final passage and adoption.
SECTION 5. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
3
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SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 25th of November 2008 by the following vote:
AYES:
Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky
NOES:
None
ABSENT-
None
ABSTAIN:
None
PRESIDENT of th�,GjFv Council
ATTEST•
�i Clerk
YOR of the City of Hermosa Beach, California
4
APPROVED S TO FORM:
O Attorney
08-1295 I
. STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 08.1295 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 25th of November 2008, and
said ordinance was published in the Easy Reader newspaper on December 4, 2008.
The vote was as follows:
AYES: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky
NOES: None
ABSENT- None
ABSTAIN: None
DATED: December 9, 2008
City Clerk
u
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
legals@easyreader. info
PROOF OF PUBLICATION
(2015.5C.C.P)
STATE OF CALIFORNIA,
County of Los Angeles,
Proof of Publication of -
CITY OF HERMOSA BEACH
Ordinance 08-1295
SECTION 5. Prortotheexpi
heater tanks.
I am a citizen of the United States and a resident of the
ration of fifteen (15) days after the i
2. "Solar collector" means any part
17.46.220 Solar energy Sys-
I
date of its adoption, the City Clerk
HC08-029
tems can exceed height limits.
shall cause this Ordinance to be
lit and 's typicallyas located on
Solar energy systems shall be I
published in the Easy Reader, a
roof top, such as solar panels and
nd
solar not water or swimming pool
installed and constructed in confor- i
weekly newspaper of general circ,
I 3e Solar energy system" means an
mance with the following:
lation published and circulated, in
I accessory to me main structure I
A. Purpose:
the City of Hermosa Beads in the
ardor use which comprises of a
combination of solar collector(s) -;
To promote the use of solar energy
manner provided by law.
arid ancillary solar equipment used
systems in accordance with State
SECTION 6. The City Clerk
ro generate electricity primarily for
� on #* Property on
law while protecting the public
shall certify to the passage and
whenwhich � system s located, or
� where multiple consumers or
health and safety. j
adoption of this Ordinance, shall
exceptional circumstances exist, on
B. Definitions:
enter the same in the book of origi-
6p
1. "Ancillary solar equipment" i
nal Ordinances of- said city, and -
o
the annexed is a printed copy (set in type not smaller that
e
means any accessory part or
i device of a solar energy system that
shall make minutes of the passage
and adoption thereof in the records
tures.
i Commercial and Manufacturing
>
rof
issue of said newspaper and not in an supplement thereof
Y PP
Zones. The following elements may
be
does not require direct access to
"
of the proceedings of the City
constructed above the height
Building Code and other applicable ,
on the following dates, to -wit:
iimlt,provided they donot exceed the
sunlight, such as batteries, elearic
Council at which the same is
height Amit by more Can eight feet
i 2. Where feasible, solar energy
meters, AC/DC converters or water
passed and adopted.
PASSED, APPROVED and
ADOPTED this 25th of November
2008 by the following vote:
AYES: Bobko, DiVirgilio,
Keegan, Tucker, Mayor Reviczky
NOES: None
ABSENT: None
-ABSTAIN: None
J. R. Reviczky
PRESIDENT of the City Council
and MAYOR of the City of Hermosa
Beach, California
ATTEST:
APPROVED AS TO FORM:
Elaine Doerfling Mike Jenkins
City Clerk City Attorney
Easy Reader IndRedondo Beach
NewsiDeoember 4, 2008HCOB-029
e o*
heater tanks.
I am a citizen of the United States and a resident of the
2. "Solar collector" means any part
County aforesaid: I am over the age of eighteen years and
City of Hermosa Beach
or device of a solar energy system i
I that requires direct access to sun- j
not a party to or interested in the above -entitled matter. I
ORDINANCE NOL OB 1295
lit and 's typicallyas located on
am the principal clerk of the printer of the BEACH
roof top, such as solar panels and
nd
solar not water or swimming pool
PEOPLE'S EASY READER-REDONDO BEACH
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF
I 3e Solar energy system" means an
HOMETOWN NEWS, a newspaper of general
HERMOSA BEACH, CALIFORNIA,
APPROVING A ZONE TEXT
I accessory to me main structure I
circulation, published WEEKLY in the City of
AMENDMENT TO THE MUNICI-
ardor use which comprises of a
combination of solar collector(s) -;
HERMOSA BEACH, County of Los Angeles, and which
PAL CODE TO EXEMPT SOLAR
SYSTEEMSa FROM
M HEIGHT LIMITS
arid ancillary solar equipment used
• newspaper has been adjudged a newspaper of general
THE ITY
ro generate electricity primarily for
� on #* Property on
circulation b the Superior Court of the Count Of Los
Y P Y
CITY OF HERMOSA BEACH
hereby amends the Hermosa-
whenwhich � system s located, or
� where multiple consumers or
Angeles, State of California, under the date of October 24,
Beach Municipal Coddeeaas fol�Os10
SECTION 1. Sec1972,
exceptional circumstances exist, on
Case Number SWC 22940 and October 3, 1989,
of me Hermosa Beach Municipal
an cDevelopmenting Standards:
Case Number SWC 108772, and that the notice, of which
Cade shall be amended to read as tol-
lows:
1. Solar collectors and solar ener-
the annexed is a printed copy (set in type not smaller that
17.46.010 Height of roof struc-
gy systems may exceed the height
limits mandated this Code to the
by
nonpareil), has been published in each regular and entire
tures.
i Commercial and Manufacturing
minimum extent necessary for their '
i safe and efficient operation in
issue of said newspaper and not in an supplement thereof
Y PP
Zones. The following elements may
be
accordance with the California
i
constructed above the height
Building Code and other applicable ,
on the following dates, to -wit:
iimlt,provided they donot exceed the
provisions of state law.
height Amit by more Can eight feet
i 2. Where feasible, solar energy
and cover no more than five percent
i systems shall be integrated into the
1 of Ca total roof area. Where the
height of the element is governed by
design of the structure as an archi-
1 tectural element.
December 4th
aunibrmbuilding code standard, the
3. Where feasible, roof -mounted
element may exceed the height limit
solar energy systems shall be l cat-
ony by the minimum amount neves-
ed in such a manner as to ensure I
ALL IN THE YEAR 2008
sarytocomply with the uniform build-
emergency access to the roof, pro -i
ing code standards.
vide areas for smoke ventilation 1
Elevator housing- Stairways; Tanks;
opportunities and provide emer-
Ventilating fans; Parapet fire walls;
11
i gency egress from the roof.
Towers; Chimneys; Flues; Vents;
4. Where feasible, ancillary solar
1 certify (or declare) under penalty of perjury that the
Smokestacks; Wireless masts;
equiprrxnt shelf be located irtwe the
foregoing is true and correct.
Similar structures as determined by
, me planning commission;
building or be screened from pubic I
view. +
No structure exceeding the
5. Solar energy systems shat be
height limit shad result in additional
erected in a serve, wild_ resistant
floor area
manner and be maintained in good
Signed at HERMOSA BEACH, CALIFORNIA,
Residential Zones. Residential
uses may have chimneys, vents and
candton.
6. 011ier applicable development
flues exceed the hekjrt limit only to
standards in this Code may be
th
This 4 day of December, 2008
me extent required to meet me uni.
form building code requiremerfs.
modified by the Director in the case
where compliance would demon -
For me height standards for
antennas, satellite dishes, and Simi
strawy reduce time operating eff-
dency or performance of a solar
far structures refer to Section
energy system and compliance will
17.46.210.
not adversely impact public health j
For he development standards for
i and safety
SECTION i
solar ern 0 systems MIX fo Sem
3. Section
17.46220.
15061(b)(3) of Title 14 of the
Ju4 A. Rae, Principal .Clerk
•
SECTION 2. Sedan
, California Code of Regulations
17.46.220 "Solar Energy Systems
Can Exceed Height" shall be added
exempts the project from -the
requirements of the California
to the Hermosa Beads Municipal
Environmental Quality Act:
Code to read as follows:
I SECTION 4. This Ordinance
shall become effective and be in full
force and in effect from and after
---- — `
thirty (30) days of its final passage
and adoption.
PASSED, APPROVED and
ADOPTED this 25th of November
2008 by the following vote:
AYES: Bobko, DiVirgilio,
Keegan, Tucker, Mayor Reviczky
NOES: None
ABSENT: None
-ABSTAIN: None
J. R. Reviczky
PRESIDENT of the City Council
and MAYOR of the City of Hermosa
Beach, California
ATTEST:
APPROVED AS TO FORM:
Elaine Doerfling Mike Jenkins
City Clerk City Attorney
Easy Reader IndRedondo Beach
NewsiDeoember 4, 2008HCOB-029
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ORDINANCE NO. 08-1296
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO
THE MUNICIPAL CODE TO ALLOW TEMPORARY PORTABLE SHADE
CANOPIES TO EXCEED THE HEIGHT LIMITS
The City Council of the City of Hermosa Beach, California, hereby amends the Hermosa
Beach Municipal Code as follows:
SECTION 1. Section 17.46.010 of the Hermosa Beach Municipal Code shall be amended
to read as follows:
17.46. 010 Height of roof structures.
Commercial and Manufacturing Zones. The following elements may be constructed above
the height limit, provided they do not exceed the height limit by more than eight feet and cover no
more than five percent of the total roof area. Where the height of the element is governed by a
uniform building code standard, the element may exceed the height limit only by the minimum
amount necessary to comply with the uniform building code standards.
A. Elevator housing;
B. Stairways;
C. Tanks;
D. Ventilating fans;
E. Parapet fire walls;
F. Towers;
G. Chimneys;
H. Flues;
I. Vents;
J. Smokestacks;
K. Wireless masts;
L. Similar structures as determined by the planning commission;
c
1
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No structure exceeding the height limit shall result in additional floor area.
Residential Zones. Residential uses may have chimneys, vents and flues exceed the height
limit only to the extent required to meet the uniform building code requirements.
For the height standards for antennas, satellite dishes, and similar structures refer to
Section 17.46.210.
For the development standards for solar energy systems refer to Section 17.46.220.
For the height standards for single -pole umbrellas refer to Section 17.46.230.
SECTION 2. Section 17.46.230 Single -pole umbrellas exceeding height standards shall
be added to the Hermosa Beach Municipal Code to read as follows:
17.46.230 Single -pole umbrellas exceeding height standards.
Single -pole umbrellas may exceed the height limit as described in this section.
A. For the purposes of this section, 'single -pole umbrella' means a pre -manufactured
single -pole lightweight collapsible canopy without sides, walls or vertical coverings of any type,
material or dimension, such as a parasol, umbrella or shade sail of cloth, canvas, plastic or similar
nonreflective material intended for temporary use. Multi -pole or pop-up canopies of any type,
latticework or netting, structural components, screens including vegetative screens, or other
objects designed or arranged to create a privacy screen or outdoor room, shall not exceed the
height limit.
B. Single -pole umbrellas shall be maintained in a collapsed/closed position between the
hours of 10 PM and 6 AM and when otherwise not in use.
C. A maximum of two (2) single -pole umbrellas per building, or per unit in the case of
multi-owner/tenant buildings, not exceeding nine feet (9) in height measured from the finished
floor elevation of the roof deck to the highest point of the canopy are permitted.
D. No part of any single -pole umbrella in any position shall extend beyond the exterior
railings/barriers or if none the. floor perimeter of the roof deck.
E. No single -pole umbrella shall exhibit appendages, guy wires, lighting, advertising,
moving parts or other devices or alterations that increase visual impacts.
2
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F. Every single -pole umbrella shall be erected in a secure, wind resistant manner and
maintained in good condition.
SECTION 3. Section 15061(b)(3) of Title 14 of the California Code of Regulations
exempts the project from the requirements of the California Environmental Quality Act.
SECTION 4. This Ordinance shall become effective and be in full force and in effect
from and after thirty (30) days of its final passage and adoption.
SECTION 5. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 25th of November 2008 by the following vote:
AYES: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky
NOES:
ABSENT-
ABSTAIN -
PRESIDENT of the Ci
ATTEST -
Clerk
ouncil and MAUbR of the City of Hermosa Beach, California
APPROVED AS TO FORM:
3
08-1296 1
STATE OF CALIFORNIA
• COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 08-1296 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 25th of November 2008, and
said ordinance was published in the Easy Reader newspaper on December 4, 2008.
The vote was as follows:
AYES: Bobko, DiVirgilio, Keegan, Tucker, Mayor Reviczky
NOES: None
ABSENT- None
ABSTAIN: None
DATED: December 9, 2008
&-" IW
City Clerk
0
•
•
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
legals@easyreader. info
PROOF OF PUBLICATION
(2015.5C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of tht
County aforesaid: I am over the age of eighteen years anc
not a party to or interested in the above -entitled matter.
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of genera
circulation, published, WEEKLY in the City o
HERMOSA BEACH, County of Los Angeles, and which
newspaper has been adjudged a newspaper of genera
circulation by the Superior Court of the County of Lo
Angeles, State of California, under the date of October 24
1972, Case Number SWC 22940 and October 3, 1989
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller tha
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereo
on the following dates, to -wit:
December 4th
ALL IN THE YEAR 2008
Proof of Publication of-
CITY
£
CITY OF HERMOSA BEACH
Ordinance 08-1296
HC08-030
LEI
a
f�MMO�
o.
F ,
0 1
City of Hermosa Beach
ORDINANCE NO.08-1296
A ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF HER-
MOSA BEACH, CALIFORNIA,
APPROVING A ZONE TEXT
AMENDMENT TO THE MUNICI-
PAL CODE TO ALLOW TEMPO-
RARY PORTABLE SHADE
CANOPIES TO EXCEED THE
HEIGHT LIMITS
t The City Council of the City of
Hermosa Beach hereby amends
the Hermosa Beach Municipal
Code as follows:
1 SECTION I. Section 17.46.010Hermosaof the Hermosa Beach Municipal
S Code shall be amended to read as
follows:
17.46. 010 Height of roof struc-
tures.
Commercial and
Manufacturing Zones. The follow-
ing elements may be constructed
t above the height •limit, provided
they do not exceed the height limit
by more than eight feet and cover
f no more than five percent of the
total roof area. Where the height of
the element is governed by a uni-
form building code standard, the
element may exceed the height
limit only by the minimum amount
necessary to comply with the uni-
form building code standards.
Elevator housing; Stairways;
Tanks; Ventilating tans;
Parapet fire walls; Towers;
Chimneys; Flues; Vents;
Smokestacks; Wireless masts;
I Similar structures as determined
by the planning commission;
No structure exceeding the
height limit shall result in additional
floor area.
Residential Zones. Residential
uses may have chimneys, vents
and flues exceed the height limit
only to the extent required to meet
the uniform building code require-
ments.
For the height standards for
antennas, satellite dishes, and
similar structures refer to Section
17.46.210.
For the development standards for
solar energy systems refer to i
Section 17.46.220.
For the height standards for single -
pole umbrellas refer to Section 1
17.46.230.
SECTION 2. Section
17.46.230 Single -pole umbrellas I
exceeding height standards shall
be added to the Hermosa Beach
Municipal Code to read as follows: I
17.46.230 Single -pole umbrellas i
exceeding height standards. j
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 4 1 h day of December, 2008
Judy A. Rae, Principal Clerk
- --Single=pole umbreifas`may 11
exceed the height limit as I
described in this section.
A. For the purposes of this section
'single -pole umbrella'means a pre -
i manufactured single -pole light-
weight collapsible canopy without
sides, walls or vertical coverings of f
any type, material or dimension,
such as a parasol, umbrella j
shade sail of cloth, canvas, pi
asto+
Or similar nonrefleClive material
intended for temporary use. Multi- [5--
1 pole or
Pop-up canopies of any be erected in a secure, wind resis-
type, latticework or netting, struc- tant manner and
maintained in
tura) components, screens indud- good condition.
vegetative screens, or SECTION
IIng
other 3. Section
ogects designed or arrangedto 15061(b)(3) of Title 14 of the
create a privacy
scroutdoor California Code of Regulations
room, shall not exeen or ceed the exempts
j limit height
the project from the
jB. gle-Pole umbrellas
Sinntained
requirements of the California
maishall be
in a collapsed/d10
Environmental Quality Ad.
SECTION 4. This Ordinance
Position between the hours of 10
PM and 6 AM and
shall become effective and be in j
when otherwise
not in use,
full force and in effect from and
C. A maximum of two (2) single-
Pde umbrellas per building,
after thirty
sage anadopdo sof its final pas-
SECTION
or per
unit in the case of mufti-ownerRen.
5. Prior to the exPi-
rationof fifteen (15) days after the
am buildings, not exceeding nine
feet (9) in height measured
date of its adoption, the City Clerk
from
roof bnIied floor elevation of the
deck to the highest
shall cause this Ordinance to be
published in the Easy Reader, a
can point of the
opy are permitted. -
D. No part of any
weekly newspaper of general cir-
culation published and circulated,
single -pole
umbrelextend la in any
in the City of Hermosa Beach in
position shall
rail.
the g none
o9sbarriers or
the manner provided by law,
CnON lerk
geCand
they floor
Perimeter of the root deck
E. No single -pole
I shalSEertfy tosthe passaThe
adoption of th s Ordinance, shall
umbrella shall
exhibft appendages, guy wires,
meting, advertising,
enter the same in the book of orig-
inal Ordinances of said city, and
moving parts
or other devices or alterations thataril
increase
shag make minutes of the passage
adoption thereof in the records
visual impacts
Every single
j of the proceedings of the City
-pole umbrella shall
Council at which the same is
passed and adopted.
PASSED, APPROVED and
ADOPTED this 251h of November
f 2006 by the ltillowingvole:
AYES: Bobko, DiVirgitio,
Keegan, Tucker, Mayor Reviczky
NOES:, None
ABSENT: None
ABSTAIN: None
J. R. Reviczky
PRESIDENT of the City Council
and MAYOR of the City of
Hermosa Beach, Cakfornia
ATTEST: .
APPROVED AS TO FORM:
Elaine Doerfling Mike Jenkins
City Clerk City Attorney
Easy Reader InclRedondo Beach
News/December 4, 200&HC08-030
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ORDINANCE NO. 09-1297
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
RELATING TO PARKING METER RATES AND AMENDING THE
HERMOSA BEACH MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY AMEND THE HERMOSA BEACH MUNICIPAL CODE AS FOLLOWS:
SECTION 1. Chapter 10.36, Section 10.36.010, Paragraph A, of the Hermosa Beach
Municipal Code is hereby amended to read as follows:
A. Parking meter zones are those streets or portions of streets or public parking lots
established by Ordinance as zones within which the parking of vehicles may be controlled,
regulated and inspected with the aid of parking meters. In the event that no parking meters are
installed in any parking space within such parking meter zones, the maximum time for parking
shall be as specified by this code or by Resolution of the City Council. Parking meter rates
throughout the City shall be determined by Resolution of the City Council.
SECTION 2. This Ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 3. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
SECTION 4. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
09-1297 1
1 passage and adoption thereof in the records of the proceedings of the City Council at which the
• 2 same is passed and adopted.
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PASSED, APPROVED and ADOPTED this 27th of January 2009 by the following vote:
AYES:
DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko
NOES:
None
ABSENT-
None
ABSTAIN:
None
ATTEST•
Cit Clerk
fthe 01tACouncil and MAYOR of the City of Hermosa Beach, California
APPROVED AS TO FORM:
2
09-1297
• STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 09-1297 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 27th of January 2009, and said
ordinance was published in the Easy Reader newspaper on February 5, 2008.
The vote was as follows:
• AYES: DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko
NOES: None
ABSENT• None
ABSTAIN: None
DATED: February 10, 2009
X71-a.e Cay
City Clerk
•
•
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
legals@easyreader.info
PROOF OF PUBLICATION
(2015.5C.C.P)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
February 5th
ALL IN THE YEAR 2009
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 5th day of February,
udy A.�Rae, Principal Clerk
Proof of Publication of:
CITY.OF HERMOSA BEACH
Ordinance 09-1297
HC09-002
f�aMo�
0 j
City of
Hermosa Beach
ORDINANCE
NO. M1297
AN ORDINANCE OF THE
CITY OF HERMOSA BEACH,
CALIFORNIA, RELATING TO
PARKING METER RATES AND
AMENDING THE HER-
MOSA BEACH MUNICIPAL
CODE.'
THE CITY COUNCIL OF THE
CRY OF HERMOSA BEACH,
CALIFORNIA, DOES HEREBY
AMEND THE HERMOSA
BEACH MUNICIPAL CODE AS
FOLLOWS:
SECTION 1. Chapter 10.36,
Section 10.36.010, Paragraph A,
of the Hermosa Beach Municipal
Code is hereby amended to read
as follows:
A. Parking meter zones are those
streets or portions of streets or
public parking lots established by
Ordinance as zones within which
the parking of vehicles may be
controlled, regulated and
inspected with the aid of parking
meters. In the event that no
parking meters are installed in
any parking space within such
parking meter zones, the maxi-
mum time for parking shall be as
specified by this code or by
Resolution of the City Council.
Parking meter rates throughout
the City shall be determined by
Resolution of the City Council.
SECTION 2. This Ordinance shall
become effective and be in full
force and effect from and after thir-
ty (30) days of its final passage
and adoption.
SECTION 3. Prior to the expira-
tion of fifteen (15) days after the
date of its adoption, the City Clerk
shall cause this Ordinance to be
published in the Easy Reader, a
weekly newspaper of general cir-
culation published and circulated,
in the City of Hermosa Beach in
the manner provided by law.
SECTION 4. The City Clerk shall
certify to the passage and adop-
tion of this Ordinance, shall enter
the same in the book of original
Ordinances of said city, and shall
make minutes of the passage
and adoption thereof in the
records of the proceedings of the
City Council at which the same is
passed and adopted.
PASSED, APPROVED and
ADOPTED this 27th of January
2009 by the following vote:
AYES: Bobko, DiVirgilio, Keegan,
Tucker, Mayor Reviczky
NOES: None
ABSENT: None
ABSTAIN: None
Patrick "Kit" Bobko
PRESIDENT of the City Council
and MAYOR of the
City of Hermosa Beach,
California
ATTEST:
Elaine Doerfling
City Clerk
APPROVED AS TO FORM:
Mike Jenkins
City Attorney
Easy ReaderInc/Redondo
Beach NewslFebruary 5,
2009/HC09-002
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ORDINANCE NO. 09-1298
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING THE HERMOSA BEACH MUNICIPAL CODE, ZONING
ORDINANCE, TO PERMIT RESTAURANTS BY RIGHT THAT SELL
BEER AND WINE AND CLOSE BY 10:00 P.M., TO ESTABLISH
STANDARDS FOR SAID RESTAURANTS, AND AMENDING THE
BUSINESS LICENSE REGULATIONS FOR CONSISTENCY
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Section 5.04.200.B., Section 2, Classification B of Title 5, Chapter 5.04 of
the Hermosa Beach Municipal Code is amended by amending Group 22 thereof to read as
follows:
Group 22: All restaurants serving beer and/or wine shall pay an annual license tax.
Issuance of a business license requires prior approval of a Conditional Use Permit or compliance
with Section 17.26.060 as applicable.
SECTION 2. Section 17.26.030 of Title 17, Chapter 17.26 of the Hermosa Beach
Municipal Code is amended by adding new uses in the alphabetical list of uses as follows:
USE P = Permitted, - = Not Permitted, U = C. U.P
C-1
C-2
C-3
See Section
Required
Restaurant with on -sale alcoholic beverages limited to
P
P
P
17.26.060
beer and wine, closing at 10:00 p.m. or earlier.
Restaurant with on -sale alcoholic beverages limited to
U
U
U
17.40.080
,beer and wine, closing later than 10:00 p.m.
�
SECTION 3. Section 17.26.030 of Title 17, Chapter 17.26 of the Hermosa Beach
Municipal Code is amended by amending the category for "Alcohol beverage establishment, on -
sale " in the alphabetical list of uses as follows:
09-1298
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SECTION 4. Title 17, Chapter 17.26 of the Hermosa Beach Municipal Code is amended
by adding Section 17.26.060 to read as follows:
17.26.060 Restaurants with On -Sale Alcoholic Beverages Limited to Beer and Wine,
Closing at 10:00 p.m. or Earlier — Standards and Limitations.
Restaurants with on -sale alcoholic beverages limited to beer and wine that close at 10:00
p.m. or earlier, pursuant to the list of permitted uses in Section 17.26.030, shall be subject to the
following:
A. Alcoholic beverage service and its consumption shall be limited to those areas for
said use designated on a floor plan and seating plan approved by the Community Development
Director, including compliance with the following:
1. No stand-up bar area shall be located within the area designated for
alcoholic beverage service and its consumption on the approved floor plan and seating plan.
2. Not more than two (2) televisions, electronic, video or similar displays
screens shall be located within or visible from any area designated for alcoholic beverage service
and its consumption on the approved floor plan and seating plan.
3. The establishment shall demonstrate compliance with the requirements for
food facilities with on -sale alcoholic beverages found at Chapter 8.04 of this Code, including the
provision of adequate toilet facilities.
B. The establishment shall obtain a business license appropriate to the intended use
pursuant to Chapter 5.04. No establishment classified as a 'snack bar or snack shop' pursuant to
N
09-1298 1
USE P = Permitted, - = Not Permitted, U = C. U.P
C-1
C-2
C-3
See Section
Required
Alcoholic Beverage Establishment, on -sale (excluding
restaurant with on -sale alcoholic beverages limited to
-
U
U
17.40.080
beer and wine, closing at 10:00 p.m. or earlier)
SECTION 4. Title 17, Chapter 17.26 of the Hermosa Beach Municipal Code is amended
by adding Section 17.26.060 to read as follows:
17.26.060 Restaurants with On -Sale Alcoholic Beverages Limited to Beer and Wine,
Closing at 10:00 p.m. or Earlier — Standards and Limitations.
Restaurants with on -sale alcoholic beverages limited to beer and wine that close at 10:00
p.m. or earlier, pursuant to the list of permitted uses in Section 17.26.030, shall be subject to the
following:
A. Alcoholic beverage service and its consumption shall be limited to those areas for
said use designated on a floor plan and seating plan approved by the Community Development
Director, including compliance with the following:
1. No stand-up bar area shall be located within the area designated for
alcoholic beverage service and its consumption on the approved floor plan and seating plan.
2. Not more than two (2) televisions, electronic, video or similar displays
screens shall be located within or visible from any area designated for alcoholic beverage service
and its consumption on the approved floor plan and seating plan.
3. The establishment shall demonstrate compliance with the requirements for
food facilities with on -sale alcoholic beverages found at Chapter 8.04 of this Code, including the
provision of adequate toilet facilities.
B. The establishment shall obtain a business license appropriate to the intended use
pursuant to Chapter 5.04. No establishment classified as a 'snack bar or snack shop' pursuant to
N
09-1298 1
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Section 17.04.050 shall be eligible to obtain a business license for an establishment that sells,
offers to sell, or serves alcoholic beverages.
SECTION 5. Section 15061(b)(3) of Title 14 of the California Code of Regulations
exempts the project from the requirements of the California Environmental Quality Act because
the amendment is a clarification and refinement of existing definitions and uses, maintaining the
same status of uses as permitted and conditional as now exists and allowing on -sale beer and wine
at restaurants that close by 10:00 p.m. is consistent with the noise ordinance, and will not intensify
uses, and is otherwise consistent with the General Plan and zoning code.
SECTION 6. This Ordinance shall become effective and be in full force and in effect
from and after thirty (30) days of its final passage and adoption.
SECTION 7. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
SECTION 8. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 24th of March 2009 by the following vote:
AYES: DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko
NOES: None
ABSENT- None
ABSTAIN' None
of the City Council and MAYOR of the City of Hermosa Beach, California
ATTEST•
&A,6�
0
Clerk
3
09-1298
STATE OF CALIFORNIA
• COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 09-1298 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 24th of March 2009, and said
ordinance will be published in the Easy Reader newspaper on April 2, 2009.
The vote was as follows:
AYES: DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko
• NOES: None
ABSENT: None
ABSTAIN: None
DATED: March 24, 2009
City Clerk
n
•
•
•
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
legals@easyreader. info
PROOF OF PUBLICATION
(2015.5C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
April 2""
ALL IN THE YEAR 2009
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 2nd day of April, 2009
—Qd
Judy . Rae, Principal Clerk
Proof of Publication of.
CITY OF HERMOSA BEACH
Ord. 09-1298
HC09-004
City of
Hermosa Beach
ORDINANCE NO. 09-1298
AN ORDINANCE OF THE CITY
OF HERMOSA BEACH, CALL
.FORNIA, AMENDING THE HER-
MOSA BEACH MUNICIPAL
CODE, ZONING ORDINANCE,
TO PERMIT RESTAURANTS BY
RIGHT THAT SELL BEER AND
WINE AND CLOSE BY 10:00
P.M., TO ESTABLISH STAN-
DARDS FOR SAID RESTAU-
RANTS, AND AMENDING THE
BUSINESS LICENSE REGULA-
TIONS FOR CONSISTENCY
THE CITY COUNCIL OF THE
CITY OF HERMOSA BEACH
DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Section
5.04.200.8., Section 2,
Classification B of Title 5,
Chapter 5.04 of the Hermosa
Beach Municipal Code is amend-
ed by amending Group 22 there-
of to read as follows:
Group 22: All restaurants
serving beer and/or wine shall
pay an annual license tax.
Issuance of a business license
requires prior approval of a
'Conditional Use Permit or com-
pliance with Section 17.26.060
as applicable.
SECTION 2. Section
17.26.030 of Title 17, Chapter
17.26 of the Hermosa Beach
Municipal Code is amended by
adding new uses in the alphabet-
icat list of uses.
SECTION 3. Section
17.26.030 of Title 17, Chapter
17.26 of the Hermosa Beach
Municipal Code is amended by
amending the category for
"Alcohol beverage establish-
ment, on -sale " in the alphabeti-
cal list of uses.
SECTION 4. Title 17,
Chapter 17.26 of the Hermosa
Beach Municipal Code is amend-
ed by adding Section 17.26.060
to read as follows:
17.26.060 Restaurants
with On -Sale Alcoholic
Beverages Limited to Beer and
Wine, Closing at 10:00 p.m. or
Earlier — Standards and.
Limitations.
Restaurants with on -sale
alcoholic beverages limited to
beer and wine that close at 10:00
p.m. or earlier, pursuant to the list
of permitted uses in Section
17.26.030, shall be subject to the
following:
A. Alcoholic beverage service
and its consumption shall be lim-
ited to those areas for said use
designated on a floor plan and
seating plan approved by the
Community Development
Director, including compliance
with the following:
1. No stand-up bar area shall be
located within the area designated
for alcoholic beverage service and
its consumption on the approved
floor plan and seating plan.
2. Not more than two (2) tele-
visions, electronic, video orsimi-
lar displays screens shall be
located within or visible from any
area designated for alcoholic
beverage service and its con-
sumption on the approved floor
plan and seating plan.
3:The establishment shall
demonstrate compliance with the
requirements for food facilities
with on -sale alcoholic beverages
found at Chapter 8.04 of this
Code, including the provision of
adequate toilet facilities.
B. The establishment shall
obtain a business license appropri-
ate to the intended use pursuant to
Chapter 5.04. No establishment
classified as a 'snack bar or snack
shop' pursuant to Section
17.04.050 shall be eligible to
obtain a business license for an
establishment that sells, otters to
sell, or serves alcoholic beverages.
SECTION 5. Section
15061(b)(3) of Title 14 -of the
California Code of Regulations
exempts the project from the
requirements of the California
Environmental Quality Act
because the amendment is a
clarification and refinement of
existing definitions and uses,
maintaining the same status of
uses as permitted and condition-
al as now exists and allowing on -
sale beer and wine at restaurants
that close by 10:00 p.m. is con-
sistent with the noise ordinance,
and will not intensity uses, and is
otherwise consistent with the
General Plan and zoning code.
SECTION 6. This Ordinance
shall become effective and be in
full force and in effect from and
after thirty (30) days of its final
passage and adoption.
SECTION 7. Prior to the
expiration of fifteen (15) days
after the date of its adoption, the
City Clerk shall cause this
Ordinance to be published in the
Easy Reader, a weekly newspa-
per of general circulation pub-
lished and circulated, in the City
of Hermosa Beach in the manner
provided by law,
SECTION 8. The City Clerk
shall certify to the passage and
adoption of this Ordinance, shall
enter -the same in the book of
original Ordinances of said city,
and shall make minutes of the
passage and adoption thereof in
the records of the proceedings of
the City Council at which the
same is passed and adopted.
PASSED, APPROVED and
ADOPTED this 24th of March
2009 by_the following vote:
AYES:
DiVirgifio, Keegan, Reviczky,
Tucker, Mayor Bobko
NOES: None
ABSENT: None
ABSTAIN: None
Patrick "Kit" Bobko
PRESIDENT of the City
Council and MAYOR of the City
of Hermosa Beach, California
ATTEST:
APPROVED AS TO FORM:
Elaine Doerfiing
Elaine Doerfling
City Clerk
Mike Jenkins
City Attorney
Easy Readerinc/Redondo
Beach News/April 2,
2009/HC09-004
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ORDINANCE NO. 09-1299
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING THE BUILDING CODE TO PROVIDE A MAXIMUM TWO
YEAR LIFE FOR BUILDING PERMITS AND AMENDING TITLE 15 OF
THE HERMOSA BEACH MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
I DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
A. Title 15 of the City of Hermosa Beach Municipal Code adopts by reference the
2007 edition of the California Building Standards Code, with necessary California amendments.
B. Health and Safety Code Sections 18938 and 17958 make the California Building
Standards Code applicable to all cities and counties throughout California, including the City of
Hermosa Beach.
C. Health and Safety Code Section 18941.5 provides that a City may establish more
restrictive building standards if they are reasonably necessary due to local climatic, geological or
topographical conditions.
D. The City Council finds that certain modifications and additions to the California
Building Standards Code are reasonably necessary based upon local climatic, topographical and
geological conditions in order to protect neighborhoods from blight and nuisance conditions
associated with building projects that remain in an unfinished state for indefinite periods of time.
E. The City Council conducted a duly noticed public hearing to consider and review
this amendment to the Building Code, at which time testimony and evidence was presented to
and considered by the City Council.
SECTION 2. Section 15.04.050 of Title 15, Chapter 15.04 of the Hermosa Beach
Municipal Code is hereby amended to read as follows:
15.04.050 Expiration of permits.
Notwithstanding the provisions of Section 15.04.010, Section 105.5 of Appendix Chapter
1 of the Building Code is hereby amended to read as follows:
11
09-1299
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1105.5 Expiration.
Every permit issued by the Building Official under the provisions of this Code shall
expire by limitation and become null and void (1) if the building or work authorized by such
permit is not commenced within 180 days from the date of such permit, or (2) if the building or
work authorized by such permit is suspended or abandoned for a period of 180 days at any time
after the work is commenced, or (3) if the building or work authorized by such permit is not
completed within two calendar years from the issuance date of the permit. Before such work can
be recommenced, a new permit or a renewed permit as specified below shall be first obtained.
No permit shall be renewed more than once.
A. Where work has not commenced within 180 days from the issuance date of a
permit, a renewed permit valid for two years may be obtained upon payment of a renewal fee
equal to ten percent of the original permit fee provided that (1) no changes have been made or
will be required in the original plans and specifications for such work and (2) the renewed permit
is issued within two years of the original permit issuance date.
B. Where work has commenced and is subsequently suspended or abandoned for a
period exceeding 180 days, a renewed permit valid until the original expiration date may be
obtained upon payment of a renewal fee equal to ten percent of the original permit fee provided
that (1) No changes have been made or will be required in the original plans and specifications
for such work and (2) the renewed permit is issued within two years of the original permit
issuance date, provided, however, that a renewed permit may be issued despite the passage of
two years if construction has progressed and has been approved to the point where only a final
inspection is required.
C. Where a project is not commenced or completed on the two year anniversary of
the permit issuance date a new permit is required. The applicant shall pay a fee for the new
permit based on the valuation of the uncompleted work required for a plan check and a new
permit and plans will be reviewed under the Codes and Ordinances in effect at the time the new
applications are submitted.
N
09-1299
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D. Any permittee holding an active permit may apply in writing for an extension of
the time within which work under that permit may be continued when, for good and satisfactory
reasons, he or she is unable to continue work within the time required by this section due to
circumstances beyond the control of the permittee. The Building Official may extend the time for
action by the permittee for a period not exceeding six calendar months. No permit shall be
extended more than twice.
E. If the owner or applicant fails to complete the project within the time required, the
Building Official is authorized to obtain the demolition and removal of incomplete work on the
property.
SECTION 3. All inconsistencies between this Ordinance and the 2007 editions of the
California Uniform Codes are hereby deemed changes, modifications, amendments, additions or
deletions thereto authorized by California Health and Safety Sections 17958.5 and 17958.7.
SECTION 4. If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance or any part hereof or exhibit hereto is for any reason held to be invalid,
such invalidity shall not affect the validity of the remaining portions of this Ordinance or any
part thereof or exhibit thereto. The City Council of the City of Hermosa Beach hereby declares
that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or
phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases be declared invalid.
SECTION 5. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated in the City of Hermosa Beach in the manner
provided by law.
SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of the City of Hermosa Beach, and shall
make minutes of the passage and adoption thereof in the records of the proceedings of the City
Council as which the same is passed and adopted.
3
09-1299
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SECTION 7. This Ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 8. Prior to the expiration of fifteen (15) days after the date of its adoption,
the City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly
newspaper of general circulation published and circulated, in the City of Hermosa Beach in the
manner provided by law.
SECTION 9. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of
the passage and adoption thereof in the records of the proceedings of the City Council at which
the same is passed and adopted.
PASSED, APPROVED and ADOPTED this 28th of April 2009 by the following vote:
AYES: DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko
NOES: None
ABSENT- None
ABtTAIM None
ATTEST -
Clerk
of t
ILy I.UUHU11 2LIIU 1ViLiI Vit UI LI1C LILY Ul r1G1I11USU DGQLAI, 1.Q111U1111Q
4
APPROVED A TO FORM:
09-1299
• STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 09-1299 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 28th of April 2009, and said
ordinance was published in the Easy Reader newspaper on May 7, 2009.
The vote was as follows:
AYES: DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko
NOES: None
ABSENT- None
ABSTAIN: None
DATED: May 12, 2009
47 W I 7P�
City Clerk
0
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
legals@easyreader. info
PROOF OF PUBLICATION
(2015.5C..C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
•circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
May 7 1
ALL IN THE YEAR 2009
1 certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 7th day of May, 2009
Judy A. e, Principal Clerk
Proof of Publication of -
CITY OF HERMOSA BEACH
Ord #09-1299
(1) No changes have been made or
will be required in the original plans
i
and specifications for such work
HC 09-008
and (2) the renewed permit is
I issued within two years of the origi-
nal permit issuance date, provided,
— —
however, that a renewed permit
may be issued despite the passage
a^*'o
f
of two years if construction has pro-
o
grassed and has been approved to
the point where only a final inspec-
>
t
g
tion is required.
o'
c j
C. Where.a project is not com-
menced or completed on the two
year anniversary of the permit
issuance date a new permit is
City of
i' required. The applicant shall pay a
Hermosa Beach
fee for the new permit based on the
valuation of the uncompleted work
ORDINANCE N0.09.1299
required for a plan check and a new
permit and plans will be reviewed
{',
AN ORDINANCE OFTHE CITY OF
under the Codes and Ordinances in
HERMOSA BEACH, CALIFOR-
NIA, AMENDING THE BUILDING
! effect at the time the new applica-
tions are submitted.
CODE TO PROVIDE A MAXIMUM
D. Any permittee holding an
TWO YEAR LIFE FOR BUILDING
active permit may apply in writing
PERMITS AND AMENDING TITLE
for an extension of the time within
15 OF THE HERMOSA BEACH
I which work under that permit may
MUNICIPAL CODE
be continued when, for good and
'
THE CITY COUNCIL OFTHE CITY
satisfactory reasons, he or she is
unable to continue work within the
OF HERMOSA BEACH, CALI-
time required by this section due to
FORNIA, DOES HEREBY
circumstances beyond the control
ORDAIN AS FOLLOWS:
I ! of the permittee. The Building
Official may extend the time for
SECTION 1. Findings.
action by the permittee for a period
A. Title 15 of the City of
I not exceeding six calendar months.
Hermosa Beach Municipal Code
No permit shall be extended more
adopts by reference the 2007 edi-
than twice.
tion of the California Building
E. If the owner or applicant fails
Standards Code, with necessary
to complete the project within the
California amendments.
time required, the Building Official is
B.• Health and Safety Code
authorized to obtain the demolition
Sections 18938 and 17958 make
and removal of incomplete work on
the California Building Standards
the property.
Code applicable to all cities and
SECTION 3. All inconsistencies
counties throughout California,
between this Ordinance and the
including the City of Hermosa.
2007 editions of the California
Beach.
Uniform Codes are hereby
C. Health and Safety Code,
deemed changes, modifications,
Section 18941.5 provides that a City
amendments, additions or dele-
may establish more restrictive build-
tions thereto authorized by
ing standards if they are reasonably
California Health and Safety
necessary due to local climatic, geo-
Sections 17958.5 and 17958.7.
logical or topographical conditions.
SECTION 4. If any section, sub -
D. The City Council finds that
section, subdivision, paragraph,
certain modifications and additions
sentence, clause or phrase of this
to the California Building Standards
Ordinance or any part hereof or
Code are reasonably necessary
exhibit hereto is for any reason held
based upon local climatic, topo-
to be invalid, such invalidity shall
graphical and geological conditions'
not affect the validity of the remain -
in order to protect neighborhoods
ing,portions of this Ordinance or
from blight and nuisance conditions
any part thereof or exhibit thereto.
associated with building projects
The City Council pf the City of
that remain in an unfinished state '
Hermosa Beach hereby declares
for indefinite periods of time.
that it would have passed each
E. The City Council conducted a
section, subsection, subdivision,
duly noticed public hearing to con-
paragraph, sentence, clause or
i sider and review this amendment to i
phrase hereof, irrespective ofthe
the Building Code, at which time
i fact that any one or more sections,
testimony and evidence was pre- j
subsections, subdivisions, para-
sented to and considered by the
graphs, sentences, clauses or
City Council.
phrases be declared invalid.
SECTION 5. Prior to the expiration
y' SECTION 2. Section 15.04.050 of
of fifteen (15) days after the date of
Title 15, Chapter 15.04 of the
its adoption, the City Clerk shall
Hermosa Beach Municipal Code is
cause this Ordinance to be pub -
hereby amended faread as follows: f
lished in the Easy Reader, a week -
15.04.050 Expiraifon of permits.
ly newspaper of general circulation
Notwithstandirig4he provisions
published and circulated in the City
of Section 15.04.010, Section
of Hermosa Beach in the manner
105.5 of Appendix Chapter i of
provided by law.
the Building Code is hereby
SECTION 6. The City Clerk shall
amended to read as follows:
certify to the passage and adoption
105.5 Expiration.
of this Ordinance, shall enter the
Every permit issued by the!,
same in the book of original
Building Official under the provi-
Ordinances of the City of Hermosa
sions of this Code shall expire by
Beach, and shall make minutes of
limitation and become null and void
the passage and adoption thereof in
(1) if the building or work authorized
it the records of the proceedings of
by such permit is not commenced
the City Council as which the same
within 180 days from the date of
is passed and adopted.
such permit, or (2)if the building or
SECTION 7. This Ordinance shall
work authorized by such permit is
become effective and be in full
suspended or abandoned for a peri-
force and effect from and after thir-
od of 180 days at any time after the
ty (30) days of its final passage !
work is commenced, or (3) if the
and adoption.
I
building or work authorized by such
SECTION 8. Prior to the expiration
permit is not completed within two
of fifteen. (15) days after the date of
calendar years from the issuance
its adoption, the City Clerk shall
date of the permit. Before such
cause this Ordinance to be pub -
work can be recommenced, a new
fished in the Easy Reader, a week -
permit or a renewed permit as
ty newspaper of general circulation
specified below_ ,shall be first
published and circulated, in the City i
obtained. No permit shall be_--,,
of Hermosa Beach in the manner
renewed more than once.
provided by law.
A. Where work has not. Com-
SECTION 9. The City Clerk shall
menced within 180 days from the'
certify to the passage and adop-
issuance date of a permit, a
tion of this Ordinance, shall enter
renewed permit valid for two years
the same in the book of original
may be obtained upon payment of
Ordinances of said city, and shall
a renewal fee equal to ten percent
the fee provided
make minutes of the passage and
in
of original permit
that (1) no changes have been
adoption thereof the records of
the proceedings of the City
made or will be required in the 009-
Council at which the same is
inal plans and specifications for
i passed and adopted.
such work and (2) the renewed per-
mit is issued within two years of the
PASSED, APPROVED and
original permit issuance date.
ADOPTED this 28th of April 2009
B. Where work has commenced
by the following vote:
and is subsequently suspended or
"—doned for a period exceeding
AYES: DiVirgilio, Keegan, Reviczky,
180 days, a renewed permit valid
Tucker, Mayor Bobko
until the original expiration date may
NOES: None
be obtained upon payment of a
1 ABSENT: None
renewal fee equal to ten percent of
ABSTAIN: None
the original permit fee provided that
Patrick "KiY"Bobko
PRESIDENT of the City Council
and MAYOR of the City of
Hermosa Beach, California
ATTEST:
Elaine Doerfling
City Clerk
APPROVED AS TO FORM:
Mike Jenkins
City Attorney
Easy ReaderinclRedondo Beach
News/May 7, 2009/HC09-008
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ORDINANCE NO. 09-1300
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
APPROVING A ZONE TEXT AMENDMENT AND ZONE CHANGE FROM
C-2 TO "SPECIFIC PLAN AREA NO. 11" FOR PARCELS LOCATED
NORTH AND SOUTH OF PIER AVENUE BETWEEN VALLEY DRIVE AND
HERMOSA AVENUE, AND FOR CONSISTENCY AMEND PARKING
STANDARDS AND STORMWATER CONTROLS AND CHAPTER 12
ENCROACHMENT PERMITS OF THE HERMOSA BEACH MUNICIPAL
CODE.
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1: Sections 17.38.510 though 17.38.560 shall be added to Title 17 of the
Hermosa Beach Municipal Code to read as follows:
17.38.510 Plan Area No. 11— Authority.
This specific plan area is an instrument for implementing the general plan pursuant to Article 8,1
Chapter 3, of the state Planning and Zoning Law (California Government Code §65450 et seq.).
17.38.520 Plan Area No. 11— Location and description.
The subject area, known as 'Upper Pier Avenue', is located on the north and south sides of Pier
Avenue between Valley Drive and Hermosa Avenue, within the downtown district. The area is
designated as 'general commercial' on the official general plan map.
17.38.530 Plan Area No. 11— Purpose.
The purpose of this specific plan area is to set forth the development requirements, standards and
uses for the subject area for the following purposes:
A. Create a pedestrian -oriented seaside village center of small-scale commercial establishments
that attract and serve local residents, in addition to visitors.
B. Protect the history and character of upper Pier Avenue and the city of Hermosa Beach.
09-1300 1
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C. Retain a'sense of place' with buildings of diverse character that have been constructed over
time, reflecting use of local materials and changes in architecture and culture.
The SPA -11 zone is also intended to:
A. Strengthen the city's economic base, and protect small businesses that serve city residents.
B. Create a suitable environment for commercial uses and protect the available commercial
land resources from change to noncommercial land uses and from the adverse effects of
inharmonious uses.
C. Minimize the impact of commercial development on adjacent residential districts.
D. Ensure that the appearance and effects of commercial building and uses are harmonious
with the character of a pedestrian -oriented seaside village.
E. Ensure the provision of adequate off-street parking, loading and pedestrian amenities.
F. Protect the environment, particularly air and ocean water quality, though green building,
reduced greenhouse gas emissions, energy, materials and water conservation, water quality
protection, and other sustainable measures.
17.38.540 Plan Area No. 11— Uses.
A. General. The following permitted and conditional uses are intended to be consistent with the
purposes of this zone. Uses that support pedestrian activity should be prominent, including day
time uses that serve the local residents and community.
For definitions of the listed uses see Section 17.04.050. "Pedestrian -oriented" means uses and
activities that attract, accommodate and are highly visible to people who are walking. Most
prominent on the ground floor are retail uses, restaurants or snack bars, and places for people to
congregate, with offices, services and business services on second stories."
B. Permitted and Conditional Uses. The following use classifications are allowed subject to
the requirements of this section and zone. In the following matrix, the letter "P" designates
permitted use classifications. The letter "U" designates use classifications permitted by approval
2
09-1300 1
•
U
U
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of a conditional use permit. Section numbers listed under "see section" reference additional
regulations located elsewhere in the zoning ordinance or this code, and others may apply.
In addition to the requirements in Chapter 17.40 of this Code, no conditional
use shall be approved in
this Specific Plan Area unless the planning commission finds the use, and its
location and design, are
consistent with the purposes of this zone.
P = Permitted
U = Conditional Use Permit (CUP) required (See Chapter 17.40)
USE
FP Por U I See Section
Alcohol beverage establishments, on -sale (not including restaurants closing before
F u
17.40.080
10:00 p.m. serving only beer and wine)
Alcohol beverage establishment, off -sale (closing at 11:00 p.m. or earlier)
FP
-11
Alcohol beverage establishment, off -sale (open between 11:01 p.m. and 2:00
U 17.40.090
a.m.)
I I
Aquariums, sales and supplies of marine life
I P F
Art/antiques/curios gallery or shop
I
Audio/video equipment and supplies, sales and repair
p
Bakery
p
Banks and financial institutions
p
f
Barber/beauty shop
I 1
Books/news/magazines, sales `
Billiard or pool halls I
U 17.40.020
Clinic, dental and/or medical
Clothing and wearing apparel sales and service I p I i
Copying and printing services and supplies (
pp
Clubs, private I U�17.40.020
Convention/meeting hall
U`
17.40.020
Day nursery, preschool I
U
17.40.110
Dancing, customer I
3
09-1300
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USE F P Por U I See Section
Department stores (maximum 4,000 square feet of floor area on ground floor)
Gymnasium/health and fitness center
Department stores (more than 4,000 square feet of floor area on ground floor)
�p
FU
17.40.020
Drugstore
P
Household appliances/office equipment, sales and repair
Entertainment, live I U� 17.40.020
Florist or plant shop I p
Food and beverage market (maximum 4,000 square feet of floor area on ground 9
floor) P
Furniture/furnishings, sales and display T�F
°
Garden equipment, small, hand -operated, sales and rentals F
p`
Gymnasium/health and fitness center
p`
Hardware/home improvement store 1 p
Hobby and craft supplies and service p
Household appliances/office equipment, sales and repair
Interior decorating studio, store or shop I p
Florist or plant shop P
Large day spa I U 17.04.050
Laundry business and dry-cleaning (including self-service) I `
Locksmith business �
I P I
Massage therapy business
I U
17.40.160
Messenger service I
`
Movie theaters U 17.40.020
I
Museums I p
Music academy F U
17.40.020
Musical instruments, retail and repair I p
Offices, general p
Outdoor uses on private property: dining, merchandise displays, entertainment, or
FU
17.40.020
special performances
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USE FP or U See Section
Reverse vending machine(s)
Parking lots and /or structures
I v
17.40.020
Pet grooming, no overnight kennels
I `
Photography (equipment sales and service, film processing, studio)
I p
Printing and or publishing business, commercial
I p
Restaurant (drive-in, drive-thru window, outdoor dining on public right-of-way or
outdoor walk-up window on public right-of-way is not allowed) P
—
Restaurant with on -sale alcoholic beverages limited to beer and wine, closing at
17.26.060
10:00 p.m. or earlier P
Restaurant with on -sale alcoholic beverages, limited to restaurants with beer and
wine closing later than 10:00 p.m. and restaurants with on -sale general alcoholic U 17.40.080
beverages
Reverse vending machine(s)
I v
17.40.120
Secondhand merchandise, retail sales (pawn shops are prohibited)
I
Snack bar/snack shop
p
Sporting/recreational equipment sales, service, and rental
I
Supermarkets (more than 4,000 square feet of floor area on ground floor)
I U
17.40.020
Ticket broker/sales
I p
Temporary outdoor uses in conjunction with special event: merchandise displays,
*
12.12.070
dining, entertainment, special performances, parades
I
[—Tobacco store
�
p�
F
Toy store I p
Wireless facility I
U 17.40.170
communication
Youth Hostel I
v
17.40.150
*Allowed by special permit approved by city council on public street/right-of-way pursuant to
Section 12.12.070 and allowed on private property in conjunction with such
special permit.
C. Similar Uses Permitted. Use classifications not listed as permitted or conditional uses shall
be prohibited unless the community development director finds the use consistent with the
purposes of the zone, and similar to and not more objectionable than other
uses listed, as provided
in Section 17.26.040.
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D. Nonconforming Uses and Structures. Nonconforming uses and structures shall be subject to
the provisions of Chapter 17.52, except as follows:
1. Residential uses. Residential uses in existence on the effective date of this section codified
in this chapter may continue, be remodeled or altered, provided that:
a. The number of dwelling units, floor area per unit, and number of bedrooms per unit
shall not be increased.
b. The continuation or alteration of residential uses located on the second story shall
remain limited to the second story, and no new residential uses shall be located on the
ground floor.
c. Alteration of buildings or portions of buildings used for residential uses shall conform
to the standards of this zone, excluding Sections 17.38.550(G) and (H).
2. Nonconforming buildings (excluding residential uses).
a. Structural removal. Although not required, removal and replacement of building
facades should conform to 17.38.550(G) and (H) to the extent feasible. Modification or
alteration of portions of a structure nonconforming to front yard requirements if
completely removed shall comply with the requirement to place buildings close to the
frontage line unless the community development director, or planning commission when a
precise development plan is required determines this requirement to be infeasible.
b. Expansion shall conform to the requirements of this zone, including requirements to
place buildings close to the frontage line.
c. Determination of compliance with this section shall be made by the community
development director.
3. Nonconforming use limits other uses. Conforming uses may be established on lots or in
buildings with nonconforming uses, unless the community development director or planning
commission determines that said uses are incompatible.
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17.38.550 Plan Area No. 11— Development standards.
A. Purpose. Development shall be sited, designed, operated and maintained in a manner that
achieves and is consistent with the development standards and purposes of this zone. Provisions
that are encouraged but not required are indicated with words such as should, encouraged,
although not required, and if feasible.
B. Uses Conducted within Buildings or Enclosures. All uses shall be conducted wholly within
a building enclosed on all sides, except for the following:
1, Outdoor uses may be permitted by Conditional Use Permit as stated in Section
17.38.540(B).
2. Uses incidental to a use conducted primarily within a building located on the premises, as
determined by the community development director, provided that such incidental uses are not
conducted in whole or in part on sidewalks, public ways or within any required yard; and that
such incidental uses are of a type which cannot be economically or practically conducted
within buildings. Where incidental uses are not conducted within a building, no part of the
area devoted to the incidental uses shall be considered as part of the required parking facilities.
All uses shall be substantially screened from public visibility, public streets, parks or other
public places, and public properties. Uses within the meaning of this section include but are
not limited to parking stalls, parking attendant booths, solid waste and other enclosures.
3. Commercial parking lots pursuant to a Conditional Use Permit as stated in Section
17.38.540(B).
4. Temporary outdoor merchandise display or outside dining in conjunction with a temporary
outdoor event such as a sidewalk sale authorized by the City Council by special permit as set
forth in Section 12.12.070.
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C. Location of Uses in Buildings - Incentives. Pedestrian -oriented uses are strongly encouraged
to locate on the ground floor, fronting Pier Avenue. Service, office and other non -pedestrian
oriented uses are encouraged to locate on the second story. When there is a mix of uses on the ground
floor, the pedestrian -oriented uses should be located so that the building facade, window displays and
interior are highly visible to pedestrians on the public sidewalk. The planning commission may
grant incentives to facilitate this pattern of uses pursuant to the procedures in this subsection.
1. Incentives. Deviation from one or more zoning standards that inhibit construction, alteration
or expansion of a second story for non -pedestrian oriented uses, or inhibit location of
pedestrian -oriented uses on the ground floor may be granted. Deviation from parking
requirements shall not be granted as an incentive.
2. Procedures.
a. Applications for incentives filed with the community development department shall
include a statement of incentives requested, statement of the specific relief that the incentive
will provide, and fee adopted by the city.
b. Procedures for the conduct of hearings, report of decision and findings, appeals,
reapplication upon denial, and revocation shall be in accordance with Section
17.38.560(B).
3. Findings.
a. In granting incentives, the planning commission shall make all of the following
findings:
i. The incentive(s) will facilitate the ability to locate pedestrian -oriented uses on the
ground floor and/or offices or other non -pedestrian -oriented uses on the second
story.
ii. Any deviation from zoning standards is to the minimum extent necessary.
ill. The incentives are consistent with the purposes of this zone.
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iv. The project will not involve demolition or significant alteration of a building that
significantly contributes to the character of Upper Pier Avenue as determined by
the commission.
V, The incentives will not conflict with the provisions of, or be detrimental to, the
general plan.
vi. The incentives will not be materially detrimental to the public welfare or injurious
to the property or improvements in the vicinity and this zone.
b. The commission may place conditions on the granting of incentives to ensure that
incentives granted will be implemented consistent with the findings of approval and do not
otherwise constitute a grant of special privilege.
D. Conservation of Existing Buildings - Incentives. The conservation and continued use and
reuse of existing buildings that are iconic of and contribute to the character of upper Pier
Avenue as a small-scale, pedestrian -oriented village with diverse architectural character is
encouraged through the granting of incentives by the planning commission.
Buildings need not be designated as historic landmarks pursuant to Chapter 17.53 in order to
be eligible for the granting of incentives.
1. Incentives. Deviation may be granted from zoning standards, including parking requirements
and in -lieu fees, that inhibit ability to retain, restore or reuse an existing building determined
by the planning commission to be worthy of retention. Deviation from parking requirements
may include:
a. A parking credit for the existing or prior use may be granted when a non -restaurant use
less than five thousand (5,000) square feet of gross floor area is changed to a restaurant
use.
b. Parking spaces for office uses located on a second story may be located not more than
one-quarter (1/4) mile walking distance from the site, and/or on property not under the
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same ownership as such office use. Where the parking is located off-site, the owners shall
file with the community development department a covenant approved by the city and
recorded by the office of the Los Angeles County Recorder for the improvement and
maintenance of the required parking facilities for the use specified.
c. Building sites where buildings will exceed gross floor area to building site area ratio of
one to one (1, 1) may pay an in -lieu fee for all the required on-site parking spaces.
d. Other parking modifications or reduction of in -lieu parking fees.
2. Procedures.
a. Applications for incentives filed with the community development department shall
include a statement of incentives requested, statement of the specific relief that the incentive
will provide, evidence that the building is worthy of retention, and fee adopted by the city.
b. Procedures for the conduct of hearings, report of decision and findings, appeals,
reapplication upon denial, and revocation shall be in accordance with Section
17.38.560(B).
3. Findings.
a. In granting incentives, the planning commission shall make all of the following
findings:
i. The conservation of the existing building will contribute to the character of
upper Pier Avenue and advance the purposes of this zone set forth in Section
17.38.530, or the building has been designated by a state or federal agency or
the city council as a landmark pursuant to Chapter 17.53.
ii. The project will not result in significant alteration of the building. "Significant
alteration" means changes or modifications that adversely alter, affect or
destroy exterior architectural features or the essential elements that make the
building worthy of protection.
iii. Any deviation from zoning standards is to the minimum extent necessary.
iv. The incentives are consistent with the purposes of this zone.
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V, The incentives will not conflict with the provisions of, or be detrimental to, the
general plan.
vi. The incentives will not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity and this zone.
b. The commission may place conditions on the granting of incentives to ensure that the
project and incentives granted will be implemented consistent with the findings of
approval. The granting of parking incentives may be accompanied by reasonable
requirements to provide additional pedestrian or other transportation amenities. The future
significant alteration of the building shall not be approved by the city unless and until any
fees waived or reduced by the city pursuant to this section have been paid. Parking
incentives granted shall not be credited toward any future use of the property. An affidavit
evidencing such conditions approved by the city and recorded by the office of the Los
Angeles County Recorder shall be filed with the community development department.
4. Any waiver or reduction of in -lieu parking or other fees shall be in the form of a
recommendation to the city council, which shall make the final determination pursuant to
Section 17.38.560(B).
E. Height and Number of Stories. Buildings shall be oriented and designed so as to improve
the pedestrian environment and not overwhelm the sidewalk.
1, No building shall exceed a maximum height of thirty (30) feet. No building shall exceed
two (2) stories.
2. Notwithstanding Section 17.46.010, no roof structure or element shall exceed the thirty
(30) foot height limit; provided that antennas, satellite dishes and similar structures, solar
energy systems, and single -pole umbrellas may exceed the height limit to the extent allowed
by Chapter 17.46.
3. The ground floor of a two story building, or any one story building, shall not exceed sixteen
(16) feet in height, provided that parapets and other screens to conceal rooftop apparatus and
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roof deck railings may exceed this limit to the minimum extent necessary as determined by the
community development director.
4. The second story of buildings on the Pier Avenue frontage shall be set back a minimum of:
a. Five (5) feet from the face of the ground floor fagade along at least fifty (50) percent of
the facade length, provided building height does not exceed twenty-five (25) feet; or
b. Ten (10) feet from the face of the ground floor fagade along at least fifty (50) percent
of the facade length if building height exceeds twenty-five (25) feet.
5. The following shall not be counted as a story:
a. Mezzanines that cover less than one-third of the floor area of the story immediately
below it.
Semi -subterranean floors not exceeding three (3) feet above the adjacent Pier Avenue
sidewalk grade at any point within twenty (20) feet of the lot frontage line. This provision
is intended to provide flexibility in design to accommodate to changes in slope and shall
not supersede the requirements in Subsections 17.38.550(G)(2) and 17.38.550(G)(3)
enabling storefront visibility to the pedestrian.
Illustration of Height and Stories
30' max. heig
max. "2 stG p -l-,
16' may.. hei;,ht: ground floor
(12' min. w:n.th n3° of Aew.J'K
Mezzanine < 113 of floor area of
story below not counted as story
39 max. ht: 10' setback
�E 25' max. ht: 5' setback
1
1
20' 34
(semis-ubter-_nean floor rot a s Ery, if mcix. s
above adjacerf sidewaik grade taithin 20' oPh.1
fro:agol ne (porons->20'i om frontage I€ne
magi exceed 3 above s dewal k, g>a,:e 1
(rooftop equipment and parapet wall
not to exceed 30 height limit)
F 3' max. projeclion, 8' min. clearance over sidewalk
12
sidewalk
This graphic is intended to illustrate standards and
is not a substitute for the written text
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F. Building Location and Setback Requirements.
1, Front Yard: Buildings shall be located close to the front lot line along Pier Avenue as
follows. Building facades shall be oriented approximately parallel to the Pier Avenue frontage
so that the building fagade, window displays and interior are highly visible to pedestrians on the
public sidewalk as provided in this subsection. Buildings shall not be located more than six (6)
feet distant from the Pier Avenue lot frontage along fifty (50) percent of the length of the
frontage. The distance from the frontage line may be increased up to twelve (12) feet for
elements oriented to the pedestrian, such as prominent entryways, awning and gallery frontages,
patios, benches, or planters with approved landscape to shade benches or the sidewalk.
2. Alley Setback. Setbacks shall conform to Section 17.44.130.
3. Rear and Side Yard Setback Adjacent to Residential Zones.
a. A minimum rear and/or side yard setback of five (5) feet shall be provided, except
where public rights-of-way twenty (20) feet or greater in width separate the site from the
residential zone.
b. Existing commercial buildings that do not comply with residential setback
requirements shall not be considered nonconforming, and may be remodeled or expanded
as long as new construction conforms to the requirements of this zone.
(SEE DRAWING ON NEXT PAGE)
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Illustration of Setbacks and Site Layout
commercial zone
0'-idr2ar �elti st:
min. 5' wide walkways
(may be reduced if infeas
existing parking
residential zone
alley or
secondary street
'5' min.
screen Irash
Nrom streeY
dwellings
ctiyeway: 39 min.
fro(n Pier Ave.
parking
min. 30' high �� J...'above
sion clearance
streetscreen lot frontagecurb grade
minimize 5 max. setback, 1
driveway width 12' max. patios/entrances, etc.
(along 50% of frontage) sidewalk
Pier Avenue
This graphic is intended to illustrate standards and
is not a substitute for the written text.
G. Storefront Frontages. Building facades fronting Pier Avenue shall be designed as storefronts
to facilitate pedestrian activity.
1, Facades shall have a prominent entryway easily accessible from the sidewalk and
compliant with the Americans With Disabilities Act of 1990, as amended.
Although not required, primary entrances are encouraged be situated at the corner of buildings
located at street intersections.
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II
Awning Gallery
The first story of buildings located within three (3) feet of the sidewalk shall be a minimum
height of twelve (12) feet above sidewalk grade to accommodate awning or gallery frontage
types.
Projections over the sidewalk shall provide a minimum of eight (8) feet of vertical clearance
from the sidewalk, and not extend closer than two (2) feet to the curb, and are subject to
approval of an encroachment permit as set forth in Chapter 12.16.
Although not required, awning or gallery frontage types are encouraged along Pier Avenue to
provide shade and building articulation. The planning commission may require awning
frontage types in conjunction with a precise development plan.
2. Doors fronting Pier Avenue shall be at sidewalk grade or at finished grade of the adjacent
access way, spaced on average no farther than thirty (30) feet apart, and operable. Openings
between buildings with publicly accessible walkways leading to courtyards, businesses or
alleys may be counted as doorways when calculating this spacing. Out -swinging doors or
windows encroaching on the sidewalk require approval of an encroachment permit as set forth
in Chapter 12.16
Door walls and features that open to the sidewalk creating accessibility and visibility to the
pedestrian are encouraged but not required.
3. On the ground floor facade fronting Pier Avenue, glazing shall cover at least seventy (70)
percent of that area of the facade located between three (3) feet and eight (8) feet in height.
"Glazing" means a transparent part of a wall, typically made of glass or plastic. Minor
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modifications to the location of glazing on the fagade may be approved by the community
development director to maximize visibility for the pedestrian on the sidewalk. Glazing shall
be substantially transparent (e.g., 90% light transmission). Specialty windows may use
stained or opaque glass.
Buildings located at street corners are encouraged but not required to continue the glazed area
on the elevation facing the secondary frontage.
30' max.
f
grot
Illustration of Storefront Frontages
—� screen rooftop elements
sidewalk
1: M�--o
I I/ I n_3_1m.
glazed fa area: 70%
/ulLL of facade, 3'– 8'
operable doors spaced 30' on average
door at corner/
O' setback preferred/ zero -step entrance
continue glazing
around corner
This graphic is intended
to illistrate standards and
is not a substitute for the written text.
H. Other Architectural Standards. The architectural character of Pier Avenue reflects Hermosa
Beach's locale and historic development patterns. Consistent with Hermosa Beach's eclectic
architecture, compatibility and variety, among styles and elements, rather than uniformity, is
desirable along Pier Avenue.
1, Building mass, facades and roof lines shall be varied and articulated to reduce the
appearance of bulk and mass, and maintain pedestrian scale and visual interest from the public
sidewalk. Long, straight facades and blank elevations visible from Pier Avenue are not
allowed. Facades and elevations shall be designed with openings and elements that provide
relief or articulation, incorporating one or more of the following: cornices, parapets, eaves,
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awnings or canopies, balconies, entry or patio insets, or similar features. Second stories shall
incorporate windows and one or more architectural elements (e.g., balconies, planter boxes,
awnings). All exposed elevations, including rear and side elevations, shall be designed for
compatibility.
2. Franchise architecture conflicts with local character and is not allowed. 'Franchise
architecture" means building design that is trademarked, branded or identified with a
particular chain, corporation or business. Franchise architecture can be avoided by altering
scale, proportion, branded element locations, colors, or incorporating locally recognizable
elements. This provision does not prohibit chain, franchise or formula businesses within the
specific plan area.
Surfaces shall be painted, treated or otherwise exhibit a finished look. Multiple storefronts
with a common facade or appearance shall be coordinated, but should not be identical.
Synthetic material, such as hardboard siding, shall very closely simulate the natural material
and have equal or better weathering characteristics. Exposed concrete block, corrugated metal,
chain link fencing, and similar materials that present an unfinished or industrial look shall not
be used on any building or wall visible from a public street or alley, except as accents.
Although not required, exterior colors should be characteristic of natural building materials
and compatible with the surroundings, without being identical. Vandalism resistant finishes
are preferred.
3. Elements of poor visual quality (e.g., rooftop mechanical devices, loading, service areas,
utilities) shall be sited, designed and screened compatible with site elements to minimize
visibility from Pier Avenue. Siting, design and screening shall also minimize visual, noise and
air quality effects on nearby residential uses. Flat roofs shall be enclosed by parapets a
minimum of forty-two (42) inches high to conceal rooftop apparatus; rooftop elements and
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structures and their screening shall not exceed the height limit, provided that antennas,
satellite dishes and similar structures, solar energy systems, and single -pole umbrellas may
exceed the height limit to the extent allowed by Chapter 17.46.
4. Solar orientation. Projects that require a precise development plan shall incorporate the
following elements to facilitate passive and active solar energy use unless found by the
planning commission to be infeasible or inapplicable due to site conditions:
a. Design and orientation to accommodate solar collection systems.
b. Install cool roofs.
c. Install deciduous vegetation, overhangs, awnings or other features to protect
south/west faces and/or improvements to moderate interior temperatures.
Although not required, smaller projects should be designed to maximize opportunities for
passive and active solar energy use.
5. Accessibility and visitability.
a. Design and operation of development shall comply with the Americans With
Disabilities Act of 1990 as amended and to the extent practical other requirements that
facilitate physical accessibility for all persons, such as universal design principles.
b. Projects that require a precise development plan shall incorporate the following
elements to maximize accessibility to all persons unless found by the planning
commission to be infeasible due to site conditions. A minimum of one (1) zero -step
entrance to each building from an accessible path from the sidewalk and handicap parking
space to the front, side or rear of each building shall be provided. All ground floor interior
doors (including bathrooms) shall provide at least thirty-two (32) inches of clear passage.
One half -bath (toilet and sink) shall be provided on the ground floor of each building.
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Although not required, smaller projects including second story businesses and facilities,
should maximize accessibility by incorporating the elements above.
I. Circulation and Parking. Development shall be designed to maximize pedestrian
circulation among buildings, lots, and the street, coordinated with vehicular circulation.
1, Accessible sidewalks and pedestrian ways a minimum of four (4) feet wide shall be
provided connecting buildings with the street, parking and other buildings. Pedestrian ways
not illuminated by street lighting fixtures shall be provided with security lighting.
Pedestrian ways for projects that require a precise development plan shall be increased to five
(5) feet in width unless the planning commission determines the requirement to be infeasible.
2. Parking location. Parking lots and parking structures shall be screened from visibility from
Pier Avenue by buildings, and be accessed from alleys or secondary streets where available.
New curb cuts on Pier Avenue shall not be allowed. Driveway and garage encroachments on
alley or secondary street frontages shall be located at least thirty (30) feet from the Pier
Avenue lot frontage line. Encroachments shall not exceed the required minimum width of
nine (9) feet per lane. Directional signage to parking not readily visible from Pier Avenue
shall be provided not to exceed a total area of four square feet per face and ten feet from grade
to the highest portion of the sign body.
3. Surface parking lots. Surface parking visible from Pier Avenue shall be screened by
buildings or by streetscreens (landscape that provides screening, fences or walls, or
combination thereof) in compliance with the following requirements.
a. Streetscreens shall be a minimum height of three (3) feet compatible with building or
site elements. Streetscreens exceeding three (3) feet, but not more than four (4) feet in
height, may be allowed at the discretion of the community development director or
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planning commission if at least thirty (30) percent permeable (e.g., openings encompassing
30% of the face) and well articulated to avoid a walled effect, and provided vision
clearances set forth in Section 17.46.060 are maintained.
b. Streetscreens incorporating planters shall comply with Subsection 17.38.550(L).
c. Streetscreens shall have openings no wider than necessary to accommodate required
driveways and pedestrian access ways.
d. Streetscreens shall be installed in conjunction with development or redevelopment
exceeding five hundred (500) square feet of floor area or lot area.
4. Parking structures. Parking structures shall be located to the rear of buildings fronting Pier
Avenue. Monotonous, blank or unarticulated elevations, or levels with exposed parking shall
not be visible from Pier Avenue, and visual effects to adjacent residential use shall be
minimized. Mass, elevations and parked cars may be visually masked through design, stair
towers, canopies and other screening techniques. Signs or other warning devices shall be
installed at semi -subterranean garage entrances/exits to protect pedestrians. Ventilating
systems shall be located and insulated to minimize noise and air quality impacts to
surrounding uses, particular residential uses, to the satisfaction of the community development
director.
5. Secure bicycle parking facilities shall be supplied at the rate of one (1) space per seven (7)
employees or three thousand (3,000) square feet of floor area. Bicycle facilities installed
onsite shall not be placed within required pedestrian ways. Where facilities cannot be
accommodated onsite as determined by the community development director or planning
commission, the developer shall pay a commensurate fee adopted by the city for the provision
and installation of bicycle parking facilities along Pier Avenue in a manner determined by the
public works director. `Secure' facilities means firmly attached devices in well -lit locations,
protected from rain if feasible.
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6. Off-street parking requirements shall otherwise conform to Chapter 17.44, including those
applicable to the downtown district, except as modified by the granting of incentives as set
forth in Section 17.38.550(D).
I Pedestrian Amenities. Pedestrian amenities are desirable for the comfort and security of
pedestrians. "Pedestrian amenities" mean any facility or feature that facilitates or increases
the desirability of walking, such as sidewalks and pedestrian ways, canopies or shade trees,
outdoor places for pedestrians to congregate, seating, and security lighting and signage
designed at the human scale and oriented to people walking.
1. Pedestrian amenities shall be provided in conjunction with the development or
redevelopment exceeding five hundred (500) square feet of floor area or lot area. The
planning commission may require additional pedestrian amenities related to the type or
intensity of use in conjunction with a precise development plan, conditional use permit or
parking plan.
2. One (1) bench visible from and accessible to the sidewalk and one (1) tree with irrigation
to shade the sidewalk for each fifty (50) feet of lot frontage on Pier Avenue shall be supplied.
Where frontage is less than fifty (50) feet, these amenities are not required. Where the
amenities cannot be accommodated onsite as determined by the community development
director or planning commission, the developer shall pay a commensurate fee adopted by the
city for provision and installation of such amenities along Pier Avenue as determined by the
public works director,
K. Signs. Signs shall conform to Chapter 17.50, including standards for commercial zones, and
specifically the C-2 zone. The following signs are additionally allowed:
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1, Wall signs. One (1) wall sign per building may be located on a secondary frontage when there
is no entrance/exit open to the public, not to exceed six (6) square feet in area.
2. Projecting signs. One (1) additional nonilluminated projecting, arcade or hanging business
identification sign for each business visible to pedestrians is permitted to be hung over or near
an entryway. The sign shall not exceed six (6) square feet per face. Signs projecting over the
public sidewalk shall be located at least eight (8) feet in height above the sidewalk and not
project outward more than three (3) feet, subject to approval of an encroachment permit as set
forth in Chapter 12.16.
L. Landscaping. Landscaping shall be designed and employed on the site to shade pedestrian
ways, conserve energy and reduce urban heat absorption, retain onsite and filter rain water, and
enhance the overall project including building design and the streetscape.
1. Existing trees and plants shall be protected, unless determined by the community
development director or planning commission to be infeasible.
2. All lot areas not encumbered by buildings, required parking, and amenities required by this
zone shall be landscaped and permanently maintained in an attractive manner, Projects for
which a precise development plan is required shall provide a minimum of two (2) percent of
the lot area in landscape unless a reduced percentage is authorized by the planning
commission.
In addition, new development and redevelopment of at least five hundred (500) square feet of
the surface area of the lot shall in the development area provide landscape, or increase
conformance of existing landscape on the lot with this subsection, unless the community
development director determines it to be infeasible.
3. Landscape may
consist of lot perimeter, streetscreen,
parking lot
median, and other
planters a minimum
of four (4) feet wide, installed with
live plants,
compliant with the
requirements of this section. One (1) five -gallon shrub shall be provided for each twenty (20)
square feet of landscaped area. Adjacent to residential zones, the required rear and/or side
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yard area shall be provided with a minimum five (5) foot wide planter strip landscaped with a
minimum of one twenty-four (24) inch or fifteen (15) gallon size specimen tree for every ten
(10) feet of length, unless an alternative consistent with the provisions of this subsection (L) is
approved by the community development director or planning commission.
One (1) tree with irrigation to shade the sidewalk for each fifty (50) feet of lot frontage on Pier
Avenue, coordinated with street tree spacing, except as provided by subsection (J).
4. Landscape areas shall consist of at least seventy-five (75) percent pervious materials.
Planting beds shall be mulched to a depth of two (2) inches or greater, and installed with live
plants. Landscaping shall be perpetually maintained, trimmed and void of weeds. Landscape
shall not impair vehicular sight distance or encroach on the public right-of-way or pedestrian
ways.
5. Landscape shall consist primarily of species tolerant of drought and urban site conditions
(e.g., constrained root area, compacted soil, reflected heat, urban runoff) and other localized
site elements. No species listed by the Invasive Plant Inventory of the California Invasive
Plant Council or equivalent authority accepted by community development director shall be
planted.
Trees species installed in planters adjacent to the public sidewalk shall be subject to the
approval of the public works director.
Although not required, native species should be used, deciduous trees should be used to shade
southern and western exposures unless equivalent energy conservation features are employed,
and species selected should not exceed thirty (30) feet in height at maturity under local site
conditions.
6. All landscaped areas shall include an automatic water -conserving irrigation system that
adjusts for hydrozones and seasons. Reclaimed water shall be used when available. Plans
shall demonstrate a water budget that conforms to the California Department of Water
Resources' `Model Water Efficient Landscape Ordinance' or a local ordinance, whichever is
stricter.
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7 Six (6) inch high raised curbs shall be provided along the perimeter of all landscaped areas
except on the side abutting building walls or fences. Modifications for stormwater and urban
runoff management (e.g., curb inlets, at -grade planters) may be allowed to specifications
approved by the building official or city engineer as applicable.
8. Landscape plans and irrigation systems shall be reviewed and approved by the community
development director,
9. The planning commission may require additional or alternative measures in conjunction
with a precise development plan or conditional use permit to further the purposes of this
section and ensure that landscaping is compatible with the scale and design of the streetscape
and site elements.
M. Lighting. Lighting standards are intended to promote energy conservation and reduce the
adverse effects of lighting on health and safety, neighboring uses, nocturnal environments and
enjoyment of the nighttime sky, while providing appropriate light for safety and security.
1, Walkways, entrances, pedestrian spaces and parking facilities shall be adequately lit for
safety and security. All lighting installations shall be designed and installed to be high -
efficiency, fully shielded (full cutoff) and down cast (emitting no light above the horizontal
plane of the fixture), and shall have a maximum lamp wattage of two hundred fifty (250) watts
incandescent for commercial lighting, and one hundred (100) watts incandescent or twenty-six
(26) watts compact fluorescent for residential lighting. Light fixtures shall not create glare,
spill beyond the property lines or shine toward the night sky. Yellow spectrum lamps such as
sodium lamps are prohibited on private property. Exceptions are allowed to comply with
building, fire and city codes, and for signs, shielded landscape lighting not more than three (3)
feet above grade, and temporary holiday or similar lighting.
2. Exterior lighting, excluding security lighting not more than three (3) feet above grade, shall
be extinguished within one hour after close of business. Automated external lighting controls
shall be used to extinguish lights prior to dawn.
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3. Light fixtures shall be designed and installed so the light is reflected away from any
dwelling unit and the lamp bulb is not directly visible from within any residential unit.
4. Lighting fixtures shall be designed and installed so that lamp bulbs are not directly visible
to and do not shine into the eyes of pedestrians on sidewalks or pedestrian areas.
5. The planning commission may require more restrictive measures in conjunction with a
precise development plan or conditional use permit to further the purposes of this section and
ensure that lighting is appropriate to its purpose, and compatible with the scale and design of
the streetscape and site elements.
N. Stormwater and Urban Runoff Pollution Control. In addition to the stormwater and urban
runoff pollution control regulations in Chapter 8.44, development and redevelopment creating or
adding at least five hundred (500) square feet of impervious surfaces shall submit and implement
a stormwater management plan of best management, good housekeeping, structural and treatment
practices that are practical and feasible as determined by the public works director or building
official as applicable, considering:
1. Use of pervious surfaces and/or reduction of hardscape (e.g., patios, parking stalls,
landscape).
2. Onsite stormwater infiltration (e.g., drains to pervious surfaces, rain barrels, curb inlets to
below or at -grade planters, drainage basins, filters).
3. Other measures set forth in Sections 8.44.060 through 8.44.095.
O. Applicability of other standards. All other development standards shall be governed by the
city zoning ordinance. When uncertainly over applicability of requirements exists, standards
applicable to commercial development, and more specifically the C-2 zone, shall apply; provided
that the regulations in Chapter 17.26 do not apply unless specifically referenced within the
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regulations for this zone.
P Green Building Standards. Although the following standards are not required, applicants are
encouraged to incorporate other green site and building elements into development projects, to
minimize the impact of development and building on the environment, its occupants and the
community, such as:
1, Incorporate water quality and stormwater control measures such as those in Chapter 8.44
(Stormwater and Urban Runoff Pollution Control Regulations).
2. Reduce energy use and exceed the minimum energy standards of the California Energy
Standards (Title 24, Part 6, California Code of Regulations) by at least fifteen (15) percent.
3. Utilize recycled materials and exceed the demolition/construction recycling requirements
by at least fifteen (15) percent.
4. Install solar collection and/or solar hot water heating systems.
5. Utilize measures for healthy interior environments (e.g., low volatile organic compound
finishes, flooring, cabinetry.)
6. Install grey water recycling systems and/or use of available reclaimed water,
7 Compliance with GreenPoint Rated Checklist (Build -It Green), Leadership in Energy and
Environmental Design (LEED), International Code Council (ICC 700) National Green
Building Standard, California Green Building Standards Code (California Code of
Regulations, Title 24, Part 11) or comparable green rating system measures as determined by
the community development director, as applicable or adapted to commercial development.
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Projects for which a Leadership in Energy and Environmental Design (LEED)'Certified' standard,
or other equivalent as determined by the community development director, is demonstrated shall
be eligible for priority permit processing, promotion on the City's green building website, use of
City -approved green building logo as part of allowed construction signage and in its promotional
materials, and other green building incentives which may be adopted by the City and made
applicable to this zone.
1 17.38.560 Plan Area No. 11— Procedures.
A. Procedures Generally. Procedures for conditional use permits, variances, precise
development plans, zone changes, amendments, parking plans, signs, development agreements,
determination of legality of nonconforming residential buildings, and other entitlements under this
title shall apply, except as specified within the regulations for this zone.
B. Request for Incentives. Applications requesting incentives provided for in Sections
17.38.550(C) and 17.38.550(D) shall additionally conform to the following procedures:
1. Public comments or hearing. The applicant shall provide notice a minimum of ten (10)
days before a hearing on an application for request for incentives. The method of notice shall
be established by resolution of the city council. The date of the hearing shall be set by the
community development department. The date must be a minimum of ten (10) days and a
maximum of forty (40) days from the date the application is accepted as complete.
2. Report of decision and findings --Disposition of report. The planning commission shall
issue the report of decision and findings for requests for incentives. The written report shall be
issued within forty (40) days of the conclusion of the hearing on the request for incentives
application. The report shall include a decision granting, denying or granting with conditions
the request for incentives, the required findings, and an indication that the planning
commission's decision shall become final if not appealed within fifteen (15) days of the
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issuance of the report of decision and findings. A copy of the report of decision and findings
shall be sent to the name and address shown on the application. Reports shall be numbered
consecutively in the order of filing, and kept as a permanent record.
Notwithstanding, the commission's decision on any request for a reduction in or waiver of in -
lieu parking fees or other fees required by the city shall be in the form of a resolution of
recommendation to the city council. The council shall conduct a duly noticed public hearing
a maximum of forty (40) days following receipt of the resolution from the planning
commission, public notice of which shall be given at least ten calendar days prior to said
hearing in accordance with requirements established by resolution of the council. The
council's decision shall be final and conclusive. A copy of the report of decision and findings
shall be sent to the name and address shown on the application.
3. Appeals --Filing, fees procedure. Appeals of the Planning Commission decision shall be in
writing, including the specific areas of disagreement with the planning commission's decision.
Fees for appeals will be established by resolution of the city council. Appeals shall be filed
with the city clerk's office in writing within fifteen (15) days of the planning commission's
issuance of a report of decision and findings. When an appeal is filed, the planning
commission shall transmit the record of the case to the city council. The city council shall
conduct a public hearing in accordance with Chapter 17.68 (applying the procedures
applicable to variances). Such hearing shall be held within forty (40) days of the council's
receipt of the written appeal. The city council shall announce its findings within sixty (60)
days of the hearing, unless good cause is found for an extension. The council may incorporate
by reference the findings of the planning commission. The council's action shall be final.
Within thirty (30) days of its final decision, the city clerk shall mail notice to the applicant and
appellant. A copy of this notice shall be included in the planning commission's permanent
files.
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4. Reapplication upon denial. After the denial of a request for incentives has become final,
no further application for the same request for incentives shall be filed for the same property
for the ensuing six (6) months, unless the project has been redesigned so as to eliminate the
planning commission's or city council's previous objections to the project. Said redesign will
require a new application process.
5. Revocation—Causes—Hearing. Any incentives granted may be revoked by the planning
commission for any of the following causes:
a. That any term or condition has not been complied with.
b. That the property for which the incentives have been granted is used or maintained in
violation of any statute, law, regulation or condition of approval.
c. That the project or use for which the incentive was granted has not been exercised for
at least twelve (12) consecutive months, or has ceased to exist, or has been abandoned.
d. That the project for which the incentives were granted has been so exercised as to be
detrimental to the public health or safety or so as to constitute a nuisance. A hearing to
show cause why the incentives should not be revoked shall be held by the approving body
prior to the revocation of any incentives granted.
SECTION 2. Section 17.06.010 of the Hermosa Beach Municipal Code shall be
amended by amending the introductory paragraph and adding Specific Plan Areas to the list of
zones as follows:
17.06.010 Names of zones.
In order to classify, regulate, restrict and segregate the uses of land and buildings, to regulate and
restrict the height and bulk of buildings and to regulate the area of yards and other open spaces
about buildings and to regulate the destiny of population, sixteen (16) classes of zones are by this
ordinance established to be known as follows:
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SPA Specific Plan Areas
SECTION 3. Section 17.44.120 of the Hermosa Beach Municipal Code shall be
amended to read as follows:
17.44.120 Driveways.
Off-street automobile parking facilities shall be provided with driveways providing vehicular
access to such facilities from a public street or alley as follows:
A. The minimum driveway width shall be nine (9) feet, clear of all obstructions.
B. All driveways and parking spaces shall be paved with not less than six (6) inches of portland
cement concrete, except that when supported by a selected rock base which is acceptable to the
chief building inspector for the type of soil upon which it is constructed, driveways may be paved
with a minimum of three (3) inches of asphaltic concrete. Pervious concrete or similar material
and drainage facilities may be alternatively installed for driveways and parking areas, or portions
thereof, to specifications approved by the building official and/or city engineer as applicable.
Where practicable, surface runoff shall drain into an adjacent pervious area on the property to
maximize infiltration.
C. All such driveways for vehicular access to parking spaces provided for any residential use shall be
located wholly on the same lot as the parking spaces for which such driveway provides access, except
in the -case of common driveways. In the case of common driveways, easements of five feet on
adjoining properties may be combined to create a driveway ten (10) feet in width.
Where access to required off-street parking spaces is via a common driveway, the owner shall file
with the building department an affidavit recorded by the office of the Los Angeles County recorder
that joint easements exist for the purpose of the driveway.
D. No driveway providing access to any off-street parking space or garage shall have a slope greater
than twenty (20) percent; provided, that any ramp slope in excess of twelve and one-half (12-1/2)
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percent includes transitions on each side with a minimum length of eight (8) feet and a maximum
slope of one-half (1/2) the maximum ramp slope, in accordance with the driveway grade standards set
forth below; further, any area used for guest parking shall have a maximum slope of twelve and one-
half (12-1/2) percent.
SECTION 4. Section 17.44.160 of the Hermosa Beach Municipal Code shall be
amended to read as follows:
17.44.160 Required improvement and maintenance of parking area.
Every lot or area used for a public or private parking area shall be developed and maintained in
the following manner:
A. Surface Parking Area.
1, Off-street parking areas shall be paved with not less than three (3) inch asphaltic or six (6)
inch portland cement concrete surfacing and maintained so as to eliminate dust or mud and
shall be so graded and drained as to dispose of all surface water. Pervious material with
drainage facilities may be alternatively installed for driveways and parking areas, or
portions thereof, to specifications approved by the building official or city engineer as
applicable. Where practicable, surface runoff shall drain into an adjacent pervious area on
the property to maximize stormwater retention and filtration. In no case shall drainage be
allowed across sidewalks or driveways, except residential use.
2. Designated parking spaces shall be indicated with paint or approved stripping material on
the surface of the parking area.
B. Border Barricades, Screening and Landscaping.
1, Off-street parking area that is not separated by a fence from any street, alley or property
line upon which it abuts, shall be provided with a suitable concrete curb or timber barrier
of dressed dimension stock not less than six inches in height, located not less than two feet
from such street or alley property lines, and such curb or barrier shall be securely installed
and maintained; provided no such curb or barrier shall be required across any driveway or
entrance to such parking area. Modifications for stormwater and urban runoff management
(e.g., curb inlets) may be allowed to specifications approved by the building official or city
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engineer as applicable. Where practicable, surface runoff shall drain into an adjacent
pervious area on the property to maximize infiltration.
2. Any unenclosed off-street parking area abutting property located in one of the R zones
shall be separated from such property by a solid masonry wall six (6) feet in height
measured from the grade of the finished surface of such parking lot closest to the
contiguous R zone property; provided, that along the required front yard, the solid
masonry wall shall not exceed forty-two (42) inches in height. No such solid masonry wall
need be provided where the elevation of that portion of the parking area immediately
adjacent to an R zone is six (6) feet or more below the elevation of such R zone property
along the common property line.
C. Lighting. Light fixtures shall be high -efficiency, fully shielded (full cutoff) and down cast
(emitting no light above the horizontal plane of the fixture), and not create glare or spill beyond
the property lines. Any lights provided to illuminate any off-street parking area or used car sales
area permitted by this ordinance shall be arranged so the light is reflected away from any street or
premises upon which a dwelling unit is located and the lamp bulb is not directly visible from
within any residential unit.
D. Entrances and Exits. The location and design of all entrances and exits shall be subject to the
approval of the city engineer.
E. Traffic Circulation. Traffic circulation within off-street parking facilities except for residential
parking shall be designed to ensure that no automobile need enter a major street in order to
progress from one aisle to any other aisle within the same parking lot, or enter such major street
backwards in order to leave such lot. If such circulation is not otherwise possible, a turnaround
area within such lot, not less than thirty (30) feet in diameter, shall be provided. Directional signs
or markings shall be provided in all facilities in which one-way traffic has been established.
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F. Authorized Vehicles. In all residential zones, parking spaces shall be maintained free and clear
and utilized solely for the parking of authorized vehicles (obstructive storage prohibited).
"Authorized vehicles" shall mean automobiles, motorcycles, light trucks and vans not exceeding
one and one-half ton capacity. Trailers, boats, recreational vehicles, motor homes, campers (not
mounted to a motorized vehicle), tractor trucks and inoperable vehicles are prohibited.
SECTION 5. Section 12.16.010 of the Hermosa Beach Municipal Code shall be
amended to read as follows:
12.16. 100 Commercial Outdoor Dining -- Exception for Pier Avenue.
Notwithstanding the provisions of Section 12.16.060 and 12.16.090, a conditional use permit shall
not be required for commercial outdoor dining on Pier Avenue between Pacific Coast Highway
and the Strand, excluding Specific Plan Area No. 11 (Upper Pier Avenue) wherein outdoor dining
on the public right of way is not allowed, as long as the conditions set forth in Section 12.16.090
are satisfied and the outdoor dining facility complies with design standards adopted by resolution
of the City Council.
SECTION 6. Subsection 3 of Section 12.16.080 of the Hermosa Beach Municipal Code
shall be amended to read as follows:
(3) Vehicular street (applicable only to those streets):
a. Fences shall not exceed a maximum height of forty-two inches (42").
b. Encroachments shall not be placed over an existing or planned sidewalk.
c. Encroachment permits for new curb cuts for ingress/egress on Pier Avenue between Valley
Drive and Hermosa Avenue shall not be granted.
SECTION 7. Based on the foregoing, the Zoning Map is hereby amended to redesignate
the property north and south of Pier Avenue, between Hermosa Avenue and Valley Drive, shown
in Exhibit "A" attached hereto and incorporated by reference, from C-2 (General Commercial) to
Specific Plan Area No. 11.
SECTION 8. Pursuant to the Title 14 of the California Code of Regulations, the project
will result in a less than significant impact on the environment for the reasons stated in the
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Negative Declaration and Initial Study, a Negative Declaration has been prepared in accordance
with the California Environmental Quality Act, and the Department of Fish and Game has made a
"No Effect Determination" that the project will not impact fish or wildlife or the habitat on which
it depends, and the project is consistent with the General Plan and zoning code as stated in the
Negative Declaration. The Negative Declaration is hereby adopted.
SECTION 9. This Ordinance shall become effective and be in full force and in effect
from and after thirty (30) days of its final passage and adoption.
SECTION 10. Pursuant to the Code of Civil Procedure Section 1094.6, any legal
challenge must be made within 90 days after the final decision by the City Council.
SECTION 11. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
SECTION 12. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 12th of May 2009 by the following vote:
AYES:
DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko
NOES:
None
ABSENT-
None
ABSTAIN:
None
P0 SIDENT of t
ATTEST
Ci Clerk
Council and MAYOR of the City of Hermosa Beach, California
34
OVED AS TO FORM:
Attorney
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STATE OF CALIFORNIA
• COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 09-1300 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 12th of May 2009, and said
ordinance summary was published in the Easy Reader newspaper on May 21, 2009.
The vote was as follows:
• AYES: DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko
NOES: None
ABSENT- None
ABSTAIN: None
DATED: May 26, 2009
kQ1fWC0'
City Clerk/
•
ACTIVITY IDENTIFICATION
Location
a. Address: Pier Avenue between East of Hermosa Avenue and West of Valley Drive
b. Legal:
cri tion
Text Amendment and Zone Change to implement zoning -related recommendations pertaining to property currently
zoned C-2 (Restricted Commercial) along Pier Avenue in the 'Up -per Pier Avenue Committee Final Report'
approved by the City_ Council on March 25, 2008 to promote a pedestrian -friendly village center serving local
residents as well as visitors, addressing permitted and conditional uses; design standards; parking requirements;
sign standards; incentives to encourage service-type/office uses on the second floor and retain
architecturally/historically important buildings; findings for approving conditional uses; creation of a specific plan
area or overlay zone; standards/restrictions on outdoor seating and/or displays on the sidewalk; and other minor
related changes affecting Chapter 17 (Zoning) and other Chapters for consistency.
Sponsor
a. Name: City of Hermosa Beach, Community Development Department
b. Mailing Address: 1315 Valley Drive, Hermosa Beach, CA 90254 Phone: (310) 318-0242
NEGATIVE DECLARATION
In accordance with Resolution 89-5229 of the City of Hermosa Beach, which implements the California Environmental Quality Act
of 1970 in Hermosa Beach, the Environmental Review Committee must make an environmental review of all private projects
proposed to be undertaken within the City, and the Planning Commission must make an environmental review of all public
projects proposed to be undertaken within the City, which are subject to the Environmental Quality Act. This declaration is
documentation of the review and, if it becomes final, no comprehensive Environmental Impact Report is required for this project.
• FINDING OF ENVIRONMENTAL REVIEW COMMITTEE
We have undertaken and completed an Environmental Impact Review of this proposed project in accordance with Resolution 89-
5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environmental Impact
Report because, sf; it would not have a significant effect on
the environment. Documentation supporting this finding is on file in thef,6nraijnity Iavelopmpartment, Planning Division.
Dat6 of Minding an, Environmer tdf Review Committee
FINDING OF THE PLANNING COMMISSION
We have undertaken and completed an Environmental Impact Review of this proposed project in accordance with Resolution 89-
5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environmental Impact
Report because, jest; it would not have a significant effect on
the environment. Documentation supporting this finding is on file in the Corrgryqnity Dqfe-�pment Department, Planning Division.
3,1�I
Date of Finding Chairman, Planning Commission
FINDING OF THE CITY COUNCIL
We have undertaken and completed an Environmental Impact Review of this proposed project in accordance with Resolution 89-
5229 of the City Council of Hermosa Beach, and find that this project does not require a comprehensive Environmental Impact
Report because, e�rided eaeasures ar ;-sl , it would not have a significant effect on
e environment. Documentation supporting this finding is on file in the ommunity Devel ent Department Planning Division.
�/
Date of Finding a r, Hermo a Be c ty Council
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
legals@easyreader. info
PROOF OF PUBLICATION
(2015,5C.C.P)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
• newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
May 21"
ALL IN THE YEAR 2009
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 21St day of May, 2009
•k4.
Jud A. Rae, Principal Clerk
Proof of Publication of -
CITY OF HERMOSA BEACH
09-1300 Summary
HC09-010
,P�wMo�
y
0 � ■
■
City of
Hermosa Beach
SUMMARY OF ORDINANCE
NO. 09-1300
Ordinance No 031300 was adopted
on May 12, 2009, becomes effective
30 days after adoplich, and amends
the Hermosa Beach Zoning
ordinance by establishing a specific
plan for the area kno m as Upper
Pier Avenue, the commercial corridor
along Pier Avenue from Valley Drive
on the east to Hermosa Avenue on
the west. The purpose of a specific
plan is to establish detailed develop.
ment standards and design guide-
lines for a specific geographic area of
a city; these standards replace the'
generic commercial standards in the
zoning ordinance. The goal of the
Upper Pier specific plan is to provide
more specific development stan-
dards and incentives to encourage
pedestrian -oriented small-scale
commercial development and pre-
serve the unique character of the
existing buildings along Upper Pier
Avenue. The specific plan lists the
uses that are permitted in the specif-
ic plan area; establishes incentives to
encourage ground floor space to be
used for pedestrian oriented retail
uses; offers incentives to preserve
rather than demolish existing build.
ings; limits expansion of nonconform-
ing residential uses in conjunction
with existing nonconforming regula-
tions in HBMC Chapter 17.42; limits
building heights; imposes specific
rules governing building facades to
encourage an architecturally inviting
and pedestrian -oriented streetscape;
and sets forth numerous other
requirements relating to lighting,
landscaping, setbacks, use of pervi-
ous pavement materials in driveways
and parking areas; storm drainage,
parking, outdoor dining and green
construction. A full copy of ordinance
No. 09.1300 is available for review in
the City Clerk's office.
Easy Reader Inc/Redondo Beach
News/" 21, 2009hiC09 010
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ORDINANCE NO. 09-1301
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING MUNICIPAL CODE CHAPTER 12.08 PROVIDING
OPTIONAL IN -LIEU FEE FOR STREET PAVEMENT IMPROVEMENTS
REQUIRED FOR NEW DEVELOPMENT
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 12.08 of Title 12 of the Hermosa Beach Municipal Code is
amended to ADD Section 12.08.060 — In -Lieu Fee for Street Pavement to read as follows:
Any owner, lessee or agent or any other person or persons constructing or arranging for the
construction of commercial or residential improvements as stipulated in Section 12.08.010 shall be
allowed, at their discretion, to pay a fee in -lieu of constructing required street pavement between
the edge of pavement and center line of street fronting the property. The fee amount shall be
determined by the City Engineer and will be based upon the most recent unit prices for said work
performed by competitive bidding for the City's Annual Street Improvement Program plus 30%
for design, construction management, inspection and testing expenses. The City Engineer will
maintain and annually update a list of costs per square foot for the following street pavement
improvements:
• Asphalt removal and reconstruction
• Asphalt grind and 2" overlay
• Asphalt Cape Seal
• Asphalt Slurry Seal
• Concrete removal and reconstruction
• Concrete grind and 2" asphalt overlay
The City Engineer, or his designated representative, will determine the required method of
repair.
All funds collected through this in -lieu fee shall be placed in the City's Capital
Improvement Program Fund 301 to be used solely for street improvement purposes city-wide.
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SECTION 2. This Ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 3. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
SECTION 4. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 13th of October 2009 by the following vote:
AYES: Keegan, Reviczky, Tucker, Mayor Bobko
NOES: 'None
ABSENT- DiVirgilio
ABSTAIN: None
PRESIDENT of
ATTEST•
ty Clerk
IV ty---c
YOR of the City of Hermosa Beach, California
APPROVED AS
City Attorney
FORM:
t�
STATE OF CALIFORNIA
• COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 09-1301 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 13th of October 2009, and said
ordinance was published in the Easy Reader newspaper on October 22, 2009.
The vote was as follows:
AYES: Keegan, Reviczky, Tucker, Mayor Bobko
NOES: None
ABSENT- DiVirgilio
ABSTAIN: None
DATED: October 27, 2009
City Clerk
• EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
Proof of Publication of:
P.O. BOX 427
832 HERMOSA AVENUE
CITY OF HERMOSA BEACH
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
legals@easyreader.info
Ordinance 09-1301
HC09-016 — - ---- — --- -- - --
PROOF OF PUBLICATION
r�ww.os
r
o
(2015.,5C.C.P.)
j
CITY OF
STATE OF CALIFORNIA;
HERMOSA BEACH
County of Los Angeles,
ORDINANCE N0.09-1301
AN ORDINANCE OFTHE CITY OF HERMOSA
I am a citizen of the United States and a resident of the
BEACH, CALIFORNIA, AMENDING MUNICI-
County aforesaid: I am over the age of eighteen years and
PAL CODE CHAPTER 12.08 PROVIDING
nota art to or interested in the above -entitled matter. I
not
OPTIONAL IN -LIEU FEE FOR STREET PAVE -
MENT IMPROVEMENTS REQUIRED FOR
am the principal clerk of the printer of the BEACH
NEW DEVELOPMENT
PEOPLE'S EASY READER-REDONDO BEACH
THE CITY COUNCIL OF THE CITY OF HERMOSA
HOMETOWN NEWS, a newspaper of general
BEACH, CALIFORNIA, DOES ORDAIN AS FOLLOWS: j
circulation, published WEEKLY in the City of
SECTION I. Chapter 12.08 of Tale 12 of the Hermosa Beach f
HERMOSA BEACH, County of Los Angeles, and which
Municipal Code is amended to ADD Section 12.08.060 — In -Lieu i
Fee for Street Pavement to read as follows:
newspaper has been adjudged a newspaper of general
J gg
An owner, lessee or a
Y gent or an other person or
Y Pe persons I
circulation b the Superior Court of the Count of Los
Y p Y
constructing or arranging for the construction of commercial or I
residential improvements as stipulated in Section 12.08.010 shall
Angeles, State of California, under the date of October 24,
be allowed, at their discretion, to pay a fee in -lieu of constructing
1972, Case Number SWC 22940 and October 3, 1989,
required street pavement between the edge of pavement and
Case Number SWC 108772, and that the notice, of which
center line of street fronting the property. The fee amount shall
be determined by the City Engineer and will be based upon the
the annexed is a printed copy (set in type not smaller that
most recent unit prices for said work performed by competitive
nonpareil), has been published in each regular and entire
bidding for the City's Annual Street Improvement Program plus
30% for design, construction management, inspection and test -
issue of said newspaper and not in any supplement thereof
ing expenses. The City Engineer will maintain and annually
on the following dates, to -wit:
update a list of costs per square foot for the following street pave- i
ment improvements:
• Asphalt removal and reconstruction
• Asphalt grind and 2" overlay
October 15th 22°`I
• Asphalt Cape Seal
• Asphalt Slurry Seal
• Concrete removal and reconstruction
ALL IN THE YEAR 2009
• Concrete grind and 2" asphalt overlay
The City Engineer, or his designated representative, will
determine the required method of repair.
All funds collected through this in -lieu fee shall be placed in
the City's Capital Improvement Program Fund 301 to be used
I certify (or declare) under penalty of perjury that the
solely for street improvement purposes city-wide.
foregoing is true and correct.
SECTION 2. This Ordinance shall become effective and be
in full force and effect from and after thirty (30) days of its final t
passage and adoption.
SECTION . Prior to the expiration of fifteen (15) days after
the date of its adoption; the City Clerk shall cause this Ordinance.
Signed at HERMOSA BEACH, CALIFORNIA,
to be published in the Easy Reader, a weekly newspaper of gen-
eral circulation published and circulated, in the City of Hermosa
This 22""day of October, 2009
Beach in the manner provided bylaw.
SECTION 4. The City Clerk shall certify to the passage and
adoption of this Ordinance, shall enter the same in the book of
original Ordinances of said city, and shall make minutes of the j
passage and adoption thereof in the records of the proceedings
of the City Council at which the same is passed and adopted.
PASSED, APPROVED and ADOPTED this 13th of October
•
2009 by the following vote:
UJudy . Rae; Principal Clerk
AYES: Keegan, Reviczky, Tucker, Mayor Bobko
NOES: None,
ABSENT: DiVirgilio
ABSTAIN: None
i
Patrick "Kit" Bobko
PRESIDENT of the City Council and MAYOR of the City of
Hermosa Beach, California
ATTEST: APPROVED AS TO FORM:
Elaine Doerfling Mike Jenkins i
City Clerk City Attorney
Easy Reader Inc/Redondo Beach News/October 22,
2009MC09-016
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ORDINANCE NO. 09-1302
AN ORDINANCE OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, AMENDING CHAPTER 8.24 (NOISE CONTROL)
OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING
PERMISSIBLE HOURS OF CONSTRUCTION
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY
J ORDAIN AS FOLLOWS:
SECTION 1. Section 8.24.050(A) of the Municipal Code is amended to read as follows:
A. Permissible hours of construction. All construction shall be conducted between the hours of
8:00 a.m. and 6:00 p.m., Monday through Friday (except national holidays), and 9:00 a.m. and
5:00 p.m. Saturdays. Construction activity is prohibited at all other hours and on Sundays and
national holidays. For purposes of this section, "construction" or "construction activity" shall
include site preparation, demolition, grading, excavation, and the erection, improvement,
remodeling or repair of structures, including operation of equipment or machinery and the delivery
of materials associated with those activities.
SECTION 2. This Ordinance shall become effective and be in full force and in effect
from and after thirty (30) days of its final passage and adoption.
SECTION 3. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
SECTION 4. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
09-1302 1
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passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 10th of November 2009 by the following vote:
AYES:
Bobko, Keegan, Reviczky, Tucker, Mayor DiVirgilio
NOES:
None
ABSENT-
None
ABSTAIN:
None
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City- lerl
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2s
of the City Council and MAYOR of the City of Hermosa Beach, California
2
09-1302 1
STATE OF CALIFORNIA
• COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 09-1302 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 10th of November 2009, and said
ordinance was published in the Easy Reader newspaper on November 19, 2009.
The vote was as follows:
AYES: Bobko, Keegan, Reviczky, Tucker, Mayor DiVirgilio
• NOES: None
ABSENT- None
ABSTAIN: None
DATED: November 24, 2009
r
City Clerk
0
CJ
•
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
legals@easyreader. info
PROOF OF PUBLICATION
(2015.5C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
November 191h
ALL IN THE YEAR 2009
certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 19 day of November, 2009
Judy A. Rae, Principal Clerk
Proof of Publication of:
CITY OF HERMOSA BEACH
09-1302
HC09-020
City of
Hermosa Beach
ORDINANCE NO.
09-1302
AN ORDINANCE OF THE
CITY OF HERMOSA
BEACH, CALIFORNIA,
AMENDING CHAPTER
8.24 (NOISE CONTROL)
OF THE HERMOSA
BEACH MUNICIPAL CODE
REGARDING PERMISSI-
BLE HOURS OF CON-
STRUCTION
THE CITY COUNCIL OF
THE CITY OF HERMOSA
BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Section
8.24.050(A) of the
Municipal Code is amended
to read as follows:
A. Permissible hours of
construction. All construc-
tion shall be conducted
between the hours of 8:00
a.m: and 6:00 p.m., Monday
through Friday (except
national holidays), and 9:00
a.m. and 5:00 p.m.
Saturdays. Construction
activity is prohibited at all
other hours and on Sundays
and national holidays. For
purposes of this section,
.construction" or "construc-
tion activity' shall include site
preparation, demolition, grad-
ing, excavation, and the erec-
tion, improvement, remodel-
ing or repair of structures,
including operation of equip-
ment or machinery and the
delivery of materials associ-
ated with those activities.
SECTION 2. This
Ordinance shall become
effective and be in full force
and in effect from and after
thirty (30) days of its final
passage and adoption.
SECTION 3. Prior to the
expiration of fifteen (15) days
after the date of its adoption,
the City Clerk shall cause
this Ordinance to be pub-
lished in the Easy Reader, a
weekly newspaper of gener-
al circulation published and
circulated, in the City of
Hermosa Beach in the man-
ner provided by law. j
SECTION 4. The City
Clerk shall certify to the pas-
sage and adoption of this
Ordinance, _shall enter the
same in the book of original
Ordinances of said city, and
shall make minutes of the
passage and adoption
thereof in the records of the
proceedings of the City
Council at which the same is
passed and adopted.
PASSED, APPROVED
and ADOPTED this 10th of
November 2009 by the fol-
lowing vote:
AYES: DiVirgilio, Keegan,
Reviczky, Tucker, Mayor
Bobko
NOES: None
ABSENT: None
ABSTAIN: None
Michael DiVirgilio
PRESIDENT of the City
Council and MAYOR of the
City of Hermosa Beach;
California
ATTEST:
Elaine Doerfling
City Clerk
APPROVED AS TO FORM:
Mike Jenkins
City Attorney
Easy ReaderinclRedondo Beach
News/November 19, 2000/
HC09-020
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ORDINANCE NO. 09-1303
AN ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING
CHAPTER 5.74 (MASSAGE THERAPY BUSINESS) OF THE HERMOSA
BEACH MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA
DOES HEREBY;ORDAIN AS FOLLOWS:
SECTION' 1. Chapter 5.74 of the Hermosa Beach Municipal Code is amended in its
entirety to read as follows:
Chapter 5.74
MASSAGE THERAPY BUSINESS
5.74.005 Applicability
Except as specifically provided in this Chapter, this Chapter shall apply to every Massage
Therapy Business and its Responsible Massage Therapist(s) as defined in this Chapter,
5.74.010 Definitions
Certified Massage Therapist. A person who is State certified by the Massage Therapy
Organization under subdivision (b) or (c) of California Business and Professions Code Section
4601 as may be amended, and who administers massage for compensation and is practicing
consistent with the qualifications established by his or her certification.
Certified Sole Massage Proprietorship or Proprietor. Any Sole Proprietorship where the
owner is a Certified Massage Therapist and is the only person employed by that business to
provide massage therapy services.
Massage Therapist. Any person providing massage therapy services for compensation in
compliance with all of the requirements of this Chapter, including but not limited to a Responsible
Massage Therapist, Certified Massage Therapist, or non -certified massage therapist.
Massage Therapy Business. An establishment offering massage, alcohol rub, fomentation,
electric or magnetic treatment, or similar treatment or manipulation of the human body, unless
such treatment or manipulation is administered by a medical practitioner, chiropractor,
09-1303
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acupuncturist, physical therapist or similar professional person licensed by the State, other than by
the Massage Therapy Organization, as part of a medical clinic. This definition excludes a
gymnasium/health and fitness center, school, barberibeauty shop, or similar establishment where
massage or similar manipulation of the human body is offered by an individual as an incidental or
accessory service and does not occupy more than 25% of the gross floor area of the establishment.
This definition also specifically excludes Adult Massage as defined in Section 17.04.060.
Responsible Massage Therapist. An on -premises Massage Therapist who has procured a
business license as required under this Chapter and is identified in the business license as a person
responsible for the routine on -premises conduct, management or supervision of the massage
therapy business as set forth in this Chapter.
Sole Massage Proprietorship or Sole Massage Proprietor. Any massage therapy business
where the owner is both the Responsible Massage Therapist and only person employed by that
business to provide massage therapy services.
5.74.020 Massage therapy business location -- conditional use permit required.
Before any location and building may be used for the purposes of a massage therapy
business, a Conditional Use Permit shall be obtained pursuant to Chapter 17.40 of the Zoning
Code.
5.74.030 Massage therapy business -- business license required.
A. Every person owning or operating a massage therapy business in the City as defined
in this section shall procure a business license as set forth in this Chapter, including an owner,
manager or operator of a massage therapy business who does not practice massage therapy, and
every designated Responsible Massage Therapist that will be responsible for managing or
operating the business.
B. The massage therapy business shall at all times be managed or supervised by at
least one (1) on -premises Responsible Massage Therapist who has procured a business license for
such purpose as set forth in this Chapter.
2
09-1303
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C. Individual massage therapists that are non -managerial employees of a licensed
massage therapy business and are not Responsible Massage Therapists shall not be required to
obtain a massage therapy business license to engage in a massage therapy practice in the City.
D. Individual massage therapists that are independent contractors providing service at
a massage therapy business and sole massage proprietors shall obtain a massage therapy business
license as set forth in this Chapter.
5.74.040 Business license application.
Every person desiring to obtain a business license as required by this Chapter shall make
an application to the City Finance Department. The applicant shall provide all of the following:
A. The full name, residence address, business address, and telephone numbers of the
applicant, and the name under which the proposed business is to be conducted;
B. The full name, business address, residence address, and telephone numbers of any
copartners, excluding limited partners, of the applicant;
C. The full name, residence address, business address, and telephone numbers of the
property owner, in which the business is to be located, and the written consent of said owner to the
operation of the business or a copy of the lease for the premises executed by the owner evidencing
such consent;
D. Applicant's height, weight, color of eyes and hair, age, and date and place of birth;
E. A two-inch square photograph of the applicant taken within sixty (60) days
immediately prior to the date the application is filed;
F. A statement in writing by the applicant that he or she certifies, under penalty of
perjury, that all information contained in the application is true and correct;
G. Such other identification and information as the Police Chief may require in order
to discover the truth of the matters set forth in the application, including the right to take
fingerprints, any additional photographs or to confirm the height and weight of the applicant;
H. Record of any conviction of violation of law, excluding minor traffic violations;
I. The nature, name and place of applicant's business or employment during the five
(5) years immediately preceding the date of the filing of the application;
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J. Designated Responsible Massage Therapist(s) shall also provide all of the
following:
1. An annual certificate from a medical doctor stating that the applicant and
any other massage therapist or massage technician employed or permitted to
work by the applicant has, within sixty (60) days prior thereto, been
examined and found to be free of any contagious or communicable disease;
2. Evidence of training and maintenance of certification to practice CPR and
First Aid from the American Heart Association, Red Cross, or the State of
California; and
3. Evidence of completion of a minimum of five hundred (500) hours of
training in the theory, method, profession, and work of massage therapy
from an approved school, evidenced by a diploma or certificate of
graduation from an approved school as defined in under subdivision (a) of
Business and Professions Code Section 4600.
K. If the applicant submits satisfactory evidence that the individual is (1) a Certified
Massage Therapist or a Certified Sole Massage Proprietor, or (2) that all persons providing
massage therapy service at the business, including the Responsible Massage Therapist(s), are State
certified, then the applicant shall not be required to provide the information in subsections G
through J above.
5.74.050 Investigation of application for business license.
Upon receipt of a complete application, it shall be forwarded to the Chief of Police who
shall conduct an appropriate investigation to determine whether said license shall be issued in
accordance with this chapter and shall provide said report to the Finance Department.
5.74.060 Conditions for issuance of business license.
The City shall issue or renew the business license only when all of following conditions are
met:
A. A completed written application form has been filed;
B. The required application fee has been paid;
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C. The applicant has complied with all provisions of this Chapter and of the Municipal
Code;
D. The building and facilities are found to contain all of the elements necessary to
comply with Section 5.74.070 and to comply with all of the health, zoning, fire, building and
safety requirements and standards of the State of California and of the City;
E. The applicant has not made any false, misleading or fraudulent statement in the
application or in any report or record filed therewith;
F. The applicant has not had a permit or license for a similar type business revoked by
the City or any other jurisdiction within the past three years; and
G. A determination has been made by the Chief of Police that the applicant and any
employee, agent, partner, director, officer, shareholder, associate, manager or any other person
connected with the business for which the applicant is requesting a business license hereunder:
1, Has not been convicted in a court of competent jurisdiction of a violation of
Penal Code Sections 266I, 315, 316, 318, or 647(b);
2. Has not been convicted in any other State of any offense which, if
committed or attempted in this State, would have been punished as one or
more of the above mentioned offenses; and
3. Is not required to register under the provisions of Penal Code Section 290.
H. If the applicant submits satisfactory evidence that the individual is (1) a Certified
Massage Therapist or (2) a Certified Sole Massage Proprietor, or that all persons providing
massage therapy service at the business, including Responsible Massage Therapists, are State'
certified, then subsection G of this Section shall not apply, only to the extent that the information
requested pertains to the person who is a Certified Massage Therapist.
5.74.070 Conduct of massage therapy business. Every massage therapy business shall at all
times be conducted in accordance with all of the following requirements:
A. The massage therapy business shall have at least one Responsible Massage
Therapist on the premises during all operating hours;
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B. Minimum lighting shall be provided in accordance with the Uniform Building
Code;
C. All instruments used in massage shall be cleaned and disinfected;
D. Hot and cold running water, soap or detergent, and sanitary towels or air dryer shall
be available on the premises;
E. Dressing facilities shall be provided for patrons;
F. Separate enclosed cabinets or containers shall be provided for storage of clean and
soiled towels and linen;
G. Clean and sanitary towels and linens (washed in hot water a minimum of 140
degrees Fahrenheit) shall be provided for each patron of the business; and
H. Standard or portable massage tables or a mat suitable for shiatsu or acupressure shall be
used. Foam pads more than four inches thick or with a width of more than four feet may not be
used. Beds, mattresses, and water beds may not be used nor be present anywhere on the premises.
SECTION 2. This Ordinance shall become effective and be in full force and in effect
from and after thirty (30) days of its final passage and adoption.
SECTION 3. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
SECTION 4. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
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SECTION 5. Severability. If any part or provision of this Ordinance or the application to
any person or circumstance is held invalid, the remainder of this Ordinance, including the
application of such part of provision to other persons or circumstances, shall not be affected and
shall continue in full force and effect. To this end, the provisions of this Ordinance are severable.
PASSED, APPROVED and ADOPTED this 10th of November 2009 by the following vote:
AYES:
Bobko, Keegan, Reviczky, Tucker, Mayor DiVirgilio
NOES:
None
ABSENT-
None
ABSTAIN:
None
W.Mov"j
Me -
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California
ATTEST -
City Clerk
APPROVED AS TO FORM:
7
A.-ILy I-ILLVIII%,y
09-1303
STATE OF CALIFORNIA
• COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 09-1303 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 10th of November 2009, and said
ordinance was published in the Easy Reader newspaper on November 19, 2009.
The vote was as follows:
AYES: Bobko, Keegan, Reviczky, Tucker, Mayor DiVirgilio
0 NOES: None
ABSENT- None
ABSTAIN: None
DATED: November 24, 2009
0
l�.
•
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 Fax: 310 318-6292
legals@easyreader.info
PROOF OF PUBLICATION
(2015..5C.C.P)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH; County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of whit(
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement there(
on the following dates, to -wit:
November 191h
ALL IN THE YEAR 2009
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 19 day of November, 2009
0 ' - -
Judy A. e, Principal Clerk
Proof of Publication of:
CITY OF HERMOSA BEACH
09-1303
I-IC09-021
-- — required.
Before any location and
building may be used for the
purposes of a massage ther-
LY1 ; apy business, a Conditional
?? a a Use Permit shall be obtained
pursuant to Chapter 17.40 -of
the Zoning Code:
5.74.030 Massage ther-
City Of apy'business — business
Hermosa Beach license required.
ORDINANCE, A. Every person
owning or operating a mas.
.NO. 09-1303 sage therapy business in.
the City as defined in this
AN ORDINANCE OF THE section shall procure a busi-
CITY OF HERMOSA ness license as set forth in
BEACH AMENDING this Chapter, including an
CHAPTER 5.74 (MAS- owner, manager or operator
SAGE THERAPY BUST- of a•massage therapy busi-
NESS) OF THE HERMOSA , ness who does not practice
BEACH MUNICIPAL CODE massage therapy, and every
designated Responsible
THE CITY COUNCIL OF Massage Therapist that will
THE CITY OF HERMOSA be responsible for managing
or operating the business.
BEACH, CALIFORNIA B. The massage therapy
DOES HEREBY ORDAIN business shall at all times
AS FOLLOWS: be managed or supervised
SECTION 1. Chapter by at least one (1) on -
5.74 of the Hermosa Beach premises Responsible
Municipal Code is amended in Massage Therapist who has
its entirety to read as follows: procured a business license
Chapter 5.74 for such purpose as set forth
MASSAGE THERAPY in this Chapter.
BUSINESS C. Individual massage
5.74.005 Applicability "therapists that are non -man -
Except as specifically agerial employees of a
provided in this Chapter, this licensed massage therapy
Chapter shall apply to every business and are not
Massage Therapy Business Responsible Massage
and its Responsible Therapists shall not be
Massage Therapist(s) as required to obtain a massage
defined in this Chapter. therapy business license to
5.74.010 Definitions engage in a massage thera-
Certified Massage ! py practice in the City.
Therapist. A person who is D. Individual massage
State certified by the Massage therapists that are indepen-
Therapy Organization tinder dent contractors providing
subdivision (b) or (c) of service at a massage thera-
California Business and py business and sole mas-
Professions Code Section sage proprietors shall obtain
4601 as may be amended, , a massage therapy busi-
and who administers riles- ness license as set forth in
sage for compensation and is this Chapter.
practicing consistent with the 5.74.040 Business
qualifications established by license application..
his or her certification. Every person desiring to
Certified Sole Massage! obtain a business license as
Proprietorship or Proprietor., required by this Chapter shall
Any Sole Proprietorship make an application to the
where the owner is a Certified City Finance Department.
Massage Therapist and is the The applicant shall provide all
only person employed by that of the following:
business to provide massage A. The full name, resi-
therapy services. , dence address, business
Massage Therapist. Any address, and telephone
person providing massage numbers of the applicant,
therapy services for compen'� and the name under which
sation in compliance with all the proposed business is to
of the requirements_ of this be conducted;
Chapter, including but not B. The full name, busi-
limited to a Responsible ness address, residence
Massage Therapist, Certifiedi address, and telephone
Massage Therapist, or non-, numbers of any copartners,
certified massage therapist. excluding limited partners,
Massage Therapy of the applicant;
Business. An establishmenl C. The full name, resi-
offering massage, alcohol rub dence address, business
fomentation, electric or mag', address, and telephone
netic treatment, or similar numbers of the property
treatment or manipulation o owner, in which the busi-
the human body, unless sect ness is to be located, and
treatment or manipulation is the written consent of said
administered by a medic2 owner to the operation of
practitioner, chiropractor the business or a copy of the
acupuncturist, physical thera lease for the premises exe-
pist or similar professional pei cuted by the owner evidenc-
son licensed by the State ing such consent;
other than by the Massag, D. Applicant's height,
Therapy Organization, as pat weight, color of eyes and
of a medical clinic. This defin hair, age, and date and
tion excludes place of birth;
gymnasium/health and4itnes E. A two-inch square
center, school, barber/beaul photograph of the applicant
shop, or similar establishmei taken within sixty (60) days
where massage or simile immediately prior to the date
manipulation of the humi the application is filed'
body is offered by anindividu F. A statement in writing
as an incidental or accesso by the applicant that he or
service and does not occur she certifies, under penalty
,more than 25% of the gra of perjury, that all informa-
ftoor area of the establis tion contained in the appli-
ment. This definition all cation, is true and correct;
specifically excludes Ad G. Such other identifica-
Massage as defined tion and information as the
Section 17.04.060.
Responsible Massa.
Therapist. An on-premis -
Massage Therapist who has
procured a business license
as required under this
Chapter and is identified in the
business license as a person
responsible for the routine on -
premises conduct, manage-
ment or supervision of the
massage therapy business as
set forth in this Chapter.
Sole Massage
Proprietorship or Sole
Massage Proprietor. Any
massage therapy business
where the owner is both the
Responsible . Massage
Therapist and only person
employed by that business
to provide massage therapy
services.
5.74.020 Massage ther-
apy business location —
conditional use permit
Police Chief may require in
order to discover the truth of
the matters set forth in the
application, including the
right to take fingerprints, any
additional photographs or to
confirm the height and
weight of the applicant;
H. Record of any convic-
tion of violation of law, exclud-
ing minor traffic violations;
I. The nature, name and
place of ,applicant's busi-
ness or employment during
the five (5) years immediate-
ly preceding the date of the
filing of the application;
J. Designated
Responsible Massage
Therapist(s) shall also pro-
vide all of the following:
1. An annual certificate
from a medical doctor stating
that the applicant and any
other massage therapist or
massage technician
employed or permitted to work
by the applicant has, within
sixty (60) days prior thereto,
been examined and found to
be free of any contagious or
communicable disease;
2. Evidence of training
and maintenance of certifi-
cation to practice CPR and
First Aid from the American
Heart Association, Red
Cross, or the State of
California; and
3. Evidence of completion
of a minimum of five hundred
(500) hours of training in the
theory, method, profession,
and work of massage therapy
from an approved school, evi-
denced by a diploma or cer-
tificate of graduation from an
approved school as defined in
under subdivision (a) of
Business and Professions
Code Section 6400.
K.. If the applicant sub-
mits satisfactory evidence
that the individual is (1) a
Certified Massage Therapist
or a Certified Sole Massage
Proprietor, or (2) that all per-
sons `providing massage
therapy service at the busi-
ness, including the
Responsible Massage
Therapist(s), are State certi-
fied, then the applicant shall
not be required to provide
the information in subsec-
tions G through J above.
5.74.050 Investigation
of application for busi-
ness license.
Upon receipt of a com-
plete application, it shall be
forwarded to the. Chief of
Police who shall conduct an
appropriate investigation to
determine whether said
license shall be issuedin
accordance -with this chap-
ter and shall provide said.
-report to the Finance
Department.
5.74.060 Conditions for
issuance of business
license.
The City shall issue or
renew the business license
only when all of following
conditions are met:
A. A completed written
application., form has been
filed;
B. The required applica-
tion fee has been paid; .
C. The applicant has
complied with all provisions
of this Chapter, and of the
Municipal Code;
D. The building and facili-
ties are found to contain all of
the elements necessary to
comply with Section 5.74.070
and to comply with all of the
health, zoning, fire, building
and safety requirements and
standards of the State of
California and of the City;
E. The applicant has not
made- any false, misleading
or fraudulent statement in the
application or in any report or
record filed therewith;
F. The applicant has not
had a -permit or license for a
similar , type business
revoked by the City or any
other jurisdiction within the
past three years; and
G. A determination has
been made by the Chief, of
Police that the applicant, and
any employee, agent, part-
ner, director, officer„share-
holder, associate, manager
or any other person con-
nected with the business for
which the applicant is
requesting a business
license hereunder:
1. Has not been convict-
ed in a court of competent
jurisdiction of a.violation of
Penal Code Sections 2661,
315, 316, 318, or 647(b);
2. Has not been convict-
ed in any other State of any
offense which, if committed
or attempted in this State,
would have been punished
as one or more of the above
mentioned offenses; and,
3. Is not required to regis-
ter under the provisions of
Penal Code Section 290.
H. If the applicant submits
satisfactory evidence that the
individual is (1) a Certified
Massage Therapist or (2) a,
Certified Sole Massage
Proprietor, or that all persons
providing massage therapy
service at the business,
including Responsible
Massage Therapists, are
State certified, then subsec-
tion G of this Section shall•
not apply, only to the extent
that the information request-
ed pertains to the person
whd is a Certified Massage
Therapist.
5.74.070 Conduct --of
massage therapy busi-
ness. Every massage ther-
apy business shall at all
times be conducted in
accordance with all of the
following requirements:
A. The massage therapy
business shall have at least,
one Responsible Massage
Therapist on the premises
during all operating hours;
B. Minimum lighting
shall be provided in accor-
dance with the Uniform
Building Code;
C. All instruments
used in massage shall be -
cleaned and disinfected;
D. Hot and cold f
running. water, -soap -or-
detergent, and sanitary tow-
els. or air dryer shall be
available on the premises;
E. Dressing facilities
shall be provided for
patrons;
F. Separate enclosed cab-
inets or containers shall be
provided for storage of clean
and soiled towels and linen;
G. Clean and sanitary
towels and linens (washed in
hot water a minimum of 140 i
degrees Fahrenheit) shall be
provided for each patron of
the business; and
H. Standard or portable
massage tables or a mat
suitable for shiatsu or acu-
pressure shall be used. i
Foam pads more than four
inches thick or with a width:of
more than four feet may not
be used. Beds, mattresses,
and water beds may not be
used nor be present any-
where on the premises.
SECTION 2. This
Ordinance shall become
effective and be. in full force
and in effect -from and after
thirty (30) days of its final
i
passage and adoption.
SECTION 3. Prior to the
expiration of fifteen (15)
days after -the date of its
adoption, the City Clerk
shall cause this Ordinance
to be published in the Easy
Reader, a -weekly newspa-
per of general circulation
published and 'circulated, in
the City of Hermosa Beach
in the manner provided by
law. -
SECTION 4. The City
Clerk shall certify to the
passage and adoption of.
this Ordinance, shall enter
the same in the book of
original Ordinances of said
city, and shall make min-
utes of the passage and
adoption thereof in the
records of the proceedings
of the City Council at which
the same is passed and
adopted.
SECTION 5. Severability.
If any part or provision of
this Ordinanceor the appli-
cation to any person or cir-
cumstance is held invalid,
the remainder of this
Ordinance, including the
application of such part of
provision to other persons or
circumstances, shall not be
affected and shall continue
in full force and effect. To this
end, the provisions of this
Ordinance are severable.
PASSED, APPROVED
and ADOPTED this 10th of
November 2009 by the fol-
lowing vote:
AYES:
DiVirgilio, Keegan,
Reviczky, Tucker, Mayor
Bobko
NOES: None
ABSENT: None
ABSTAIN: None
Michael DiVirgilio
PRESIDENT of the City
Council and MAYOR of the
City of Hermosa Beach,
California
ATTEST:
Elaine Doerfling
City Clerk
APPROVED AS TO
FORM:
Mike Jenkins
City Attorney
Easy ReaderInc/Redondo Beath
NewsMovember 19, 20091
HC09-021
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ORDINANCE NO. 09-1304
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
APPROVING A ZONE TEXT AMENDMENT TO ALLOW SMALL WIND
ENERGY SYSTEMS AS A CONDITIONAL USE IN ALL ZONES
SUBJECT TO STANDARDS, AND TO ALLOW SAID SYSTEMS TO
EXCEED THE HEIGHT LIMIT
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 17.38.550 of Title 17, Subsection E.2, Chapter 17.38, of the
Hermosa Beach Municipal Code is amended to read as follows:
E.2. Notwithstanding Section 17.46.010, no roof structure or element shall exceed the
thirty (30) foot height limit; provided that antennas, satellite dishes and similar structures, solar
energy systems, single -pole umbrellas, and small wind energy systems may exceed the height limit
to the extent allowed by Chapter 17.46.
SECTION 2. Section 17.40.200 is added to Title 17, Chapter 17.40 of the Hermosa Beach
Municipal Code to read as follows:
17.40.200 Small Wind Energy Systems.
A. Purpose. Small wind energy systems shall be constructed and installed in conformance
with the requirements of this section in order to promote the use of small wind energy systems in
accordance with State law while protecting the public health and safety.
B. Applicability. Small wind energy systems shall be regulated as accessory structures as
defined in this Title, and are allowed in all zones subject to approval of a Conditional Use Permit
pursuant to Chapter 17.40.
C. Definitions. As used in this chapter:
"Ancillary equipment" means any accessory part or device of a small wind energy system that
does not require direct access to wind flows, such as batteries, controls, electric meters or AC/DC
converters, excluding the turbine, tower, nacelle and tail vane.
"Guy wires" means wires or cables stabilizing and securing the SWES to the ground or structure
upon which it is mounted
09-1304
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"Height" means the vertical distance of the SWES, including the blades extended in a vertical
position, measured in accordance with Section 17.04.040.
"Height, tower" means the height of the fixed portion of the tower, excluding the wind turbine,
measured in accordance with Section 17.04.040.
"Nacelle" means housing for all of the generating components, such as the gearbox and drive
train, in a propeller -type wind turbine.
"Off -grid system" means a SWES that is not connected to the public utility grid.
"On -grid system" means a SWES that is connected to the public utility grid, where power excess
to the customer's demand flows to the utility grid.
"Silhouette" means a temporary structure approximating the building envelope of a proposed
SWES, typically using colored flags marking the location, height and bulk of the proposed system
when the system is in motion.
"Site" means one or more contiguous lots or parcels under the same ownership or management,
regardless whether separated by alleys, streets or roads.
"Small Wind Energy System (SWES)" means a wind energy system, consisting of a wind
turbine, tower and ancillary equipment, that will be used primarily to reduce consumption of utility
power on the site. The SWES must be approved under a state program or any other small wind
system certification program recognized by the American Wind Energy Association or its
equivalent.
"Tail Vane" means the guiding or stabilizing fin, usually mounted on the nacelle, used to turn the
blades into the wind stream.
"Tower" means the vertical component of a SWES that elevates the attached nacelle, tail vane
and turbine above the ground.
"Turbine" means the rotor, blades, cage or other component of a SWES that captures the wind's
energy.
D. Application Requirements.
1. Applications shall comply with the following requirements, in addition to all other
requirements of this Title and law:
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a. The application shall include drawings and an engineering analysis of the
system's tower showing compliance with the California Building Code certified by a qualified
professional licensed by the state of California.
b. The application shall include information demonstrating that the system
will be used primarily to reduce onsite consumption of electricity.
C. Where an on -grid system is proposed, the application shall include
that the electric utility service provider that serves the proposed site has been informed of
intent to install an interconnected electricity generator.
d. The application shall include evidence that the proposed height of a tower
does not exceed the height recommended by the manufacturer or distributor of the system.
e. The applicant shall erect a silhouette of the proposed SWES, unless this
requirement is waived by the Community Development Director due to limited height, mass and
low probability of visual impacts in the particular case.
f. The application shall include noise specifications for the proposed system
and shall include an acoustical evaluation demonstrating compliance with the noise requirements
of this section prepared by a qualified professional, unless waived by the Community
Development Director based on information demonstrating compliance. Demonstration that the
proposed system will not produce or result in noise levels exceeding forty-five (45) dBA under
various wind conditions at the closest residential dwelling or similar sensitive receptor shall not
require an acoustic evaluation.
g. The application shall include any additional information required by the
Community Development Director necessary to make all the determinations required by this
section.
2. To the extent required by law, the Community Development Department shall, at
least thirty-five (35) days prior to the public hearing on the conditional use permit, submit a notice
of proposed construction or alteration of the SWES to the Federal Aviation Administration
pursuant to Title 14 of the Federal Aviation Regulations Part 77, commencing with Section 77,13
Construction or Alteration Requiring Notice, Caltrans Division of Aeronautics, and/or to any other
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applicable or affected agency or entity.
E. Development Standards.
The following minimum requirements and standards shall apply to SWES, in addition
to any other conditions deemed necessary or appropriate to ensure compatibility with existing or
future uses in the vicinity or to protect the public health, safety or welfare:
1. System type and location.
a. The SWES shall comply with the definition of "Small Wind Energy
System" in subsection C of this section.
b. More than one (1) SWES may be located on the same site if all
requirements of this section and applicable laws are met.
C. Where feasible, ancillary SWES equipment shall be located inside a
building or screened from public view in a manner compatible with site elements.
2. Height.
a. The SWES shall not exceed ten (10) feet above the maximum height limit.
b. The SWES shall not constitute an obstruction or hazard to air navigation
and shall comply with all applicable requirements of the Federal Aviation Administration
including the Federal Aviation Regulations (including Part 77 of Title 14 of the Code of Federal
Regulations), the State Aeronautics Act (Part 1, commencing with Section 21001 of Division 9 of
the California Public Utilities Code), and any other applicable law.
3. Setbacks and clearances.
a. Yards setbacks. The SWES shall be considered an accessory structure and
shall comply with the setbacks applicable to the zone in which the SWES is located, provided that
a greater setback may be required to reduce impacts to adjacent parcels.
b. Blade clearances. No portion of a blade when fully operational shall extend
within twenty (20) feet of the finished grade or within ten (10) feet of a property line, unless the
planning commission finds that a reduced clearance will not adversely affect any person, property
or improvement in the vicinity, or conflict with the zone in which the property is located.
C. Clearance to structures. A minimum clearance of six (6) feet shall be
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maintained between any tower and any structure, tree, utility line, or similar object, unless the
planning commission finds that a reduced clearance will not adversely affect any person, property
or improvement in the vicinity.
d. Fire clearance. The SWES shall not inhibit or interfere with emergency
vehicle or structure access, fire escapes, exits or standpipes, as determined by the fire department.
e. Ladders. Every SWES shall be designed so that no ladder or other means of
climbing a tower is located within twelve (12) feet of the finished grade or accessible space. The
planning commission may require a fence with a minimum height of five (5) feet when necessary
to prevent the climbing of ladders, provided that the use of barbed wire or other similar materials
is not permitted unless otherwise specifically allowed by this Title.
f. Guy wires. Any guy wires utilized to support a tower shall be located
within the property lines and shall not be attached to, cross or affect any above -ground utility lines.
4. Other safety and design requirements.
a. Over -speed controls. The SWES shall be equipped with manual and
automatic over -speed protection controls so that blade rotation speed does not exceed the system's
design limits.
b. Automatic shut-off. An on -grid SWES shall be designed to automatically
turn off when on -grid connection is lost or the batteries are fully charged.
C. On -grid systems. All on -grid SWES shall be approved by the applicable
utility prior to installation.
d. Undergrounding electrical facilities. Electrical poles, wires and the items in
Chapter 13.08 required to convey power generated by a SWES to the public utility grid shall be
installed underground when required by Chapter 13.08.
e. Noise. The SWES shall comply with the requirements of Chapter 8.24,
provided that noise generated by the SWES shall not exceed fifty-five (55) decibels -A weighted
(dBA), or five (5) dBA above background noise, whichever results in lower noise levels, as
measured from the closest residential dwelling or similar sensitive receptor, except during short-
term events such as utility outages and severe wind storms.
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f. Signs.
i. One (1) sign not exceeding eighteen (18) inches in length and one
(1) foot in height shall be posted at the base of a ground -mounted tower or a generator, including a
notice of no trespassing, a warning of high voltage or electrical shock, and the property owner's
telephone number or telephone number of another individual designated by the property owner as
responsible for operation and maintenance of the SWES, in addition to any other signs required by
I law.
ii. The SWES shall not bear any signs or advertising devices other than
certifications, public safety warnings, or other seals or signage required by law.
g. Lighting. No lighting shall be placed upon, attached to, or in any way
illuminate a SWES unless required by law. Any required lighting shall be designed and located to
reduce impacts to properties in the vicinity to the maximum extent allowed by law as determined
by the Community Development Director.
5. Maintenance and removal.
a. The SWES shall at all times be operated and maintained in accordance with
manufacturer's requirements, the requirements of this section, the conditional use permit, and all
applicable laws. In no case shall the condition or operation of the SWES pose noise, safety or
other adverse effects to the site, or persons, improvements or properties in the vicinity.
b. The Community Development Director may require the SWES to be
removed from the property if the director determines that the SWES has been inoperable, or has
ceased to operate, for twelve (12) consecutive months or more. The City may pursue all available
means to abate the SWES and recover all costs to the City if not voluntarily removed by the
property owner.
SECTION 3. Section 17.46.010 of Title 17, Chapter 17.46 of the Hermosa Beach
Municipal Code is amended to read as follows:
17.46. 010 Height of roof structures.
A. Commercial and Manufacturing Zones. The following elements may be constructed
the height limit, provided they do not exceed the height limit by more than eight (8) feet and
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cover no more than five (5) percent of the total roof area. Where the height of the element is
governed by a uniform building code standard, the element may exceed the height limit only by
the minimum amount necessary to comply with the uniform building code standards.
1. Elevator housing;
2. Stairways;
3. Tanks;
4. Ventilating fans;
5. Parapet fire walls;
6. Towers;
7 Chimneys;
8. Flues;
9. Vents;
10. Smokestacks;
11, Wireless masts; and
12. Similar structures as determined by the Planning Commission.
B. Residential Zones. Residential uses may have chimneys, vents and flues exceed the
height limit only to the extent required to meet the uniform building code requirements.
C. No structure exceeding the height limit under this Section 17.46.010 shall result in
additional floor area.
D. For the height standards for antennas, satellite dishes, and similar structures refer to
Section 17.46.210.
E. For the development standards for solar energy systems refer to Section 17.46.220.
F. For the height standards for single -pole umbrellas refer to Section 17.46.230.
G. For the height and development standards for small wind energy systems refer to
Section 17.40.200.
SECTION 4. Pursuant to the California Environmental Quality Act, an Initial Study has
been prepared finding that this project fully mitigates and will result in a less than significant
impact on the environment and a Negative Declaration is hereby adopted. The Department of Fish
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and Game has made a "No Effect Determination" that the project will not impact fish or wildlife or
the habitat on which it depends.
SECTION 5. This Ordinance shall become effective and be in full force and in effect
from and after thirty (30) days of its final passage and adoption.
SECTION 6. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
SECTION 7. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 12th of January 2010 by the following vote:
AYES: Bobko, Duclos, Fishman, Tucker, Mayor DiVirgilio
NOES: None
ABSENT: None
ABSTAIN: _ None
PRESIDEN o the City Council and MAYOR of the City of Hermosa Beach, California
ATTEST- APPROVED AS TO FORM:
Clerk U (--] " rty Attorney
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 09-1304 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 12th of January 2010, and a
summary of said ordinance was published in the Easy Reader newspaper on January 7,
2010, and January 21, 2010.
• The vote was as follows:
AYES: Bobko, Duclos, Fishman, Tucker, Mayor DiVirgilio
NOES: None
ABSENT- None
ABSTAIN: None
DATED: January 26, 2010
City Clerk
0
t
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 x100 Fax: 424-212-6781
legals@easyreader. info
PROOF OF PUBLICATION
(2015.5C.C.P.)
STATE OF CALITORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation; published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
January 21"
ALL IN THE YEAR 2010
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 21" day of January, 2010
J dy A. Rae, Principal Clerk
Proof of Publication of:
CITY OF HERMOSA BEACH
09-1304 Summary to ER 1-21-10 Publication
HC10-002
+PPMO�
1
at
c i
CITY OF
HERMOSA BEACH
ORDINANCE
NO. 09-1304
AN ORDINANCE OF THE
CITY OF HERMOSA
BEACH, CALIFORNIA,
APPROVING A ZONE TEXT
AMENDMENT TO ALLOW
SMALL WIND ENERGY
SYSTEMS AS A CONDI-
TIONAL USE IN ALL ZONES
SUBJECT TO STANDARDS,
AND TO ALLOW SAID SYS-
TEMS TO EXCEED THE
HEIGHT LIMIT.
SUMMARY OF
ORDINANCE NO. 09-1304
Ordinance No. 09- 1304
amends the Hermosa Beach
Zoning Ordinance to allow
small wind energy systems -
(SWES) subject to height
and development standards,
commonly referred to as wind
turbines. The Ordinance: 1)
allows SWES to be installed
up to 10 feet above the maxi-
mum height limit subject to
approval of a Conditional Use
Permit; and 2) establishes
strict development standards
and safety precautions
intended to ensure compati-
bility with uses in the vicinity
and protect the public health,
safety and welfare. Under the
ordinance, SWES are prohib-
ited in setback areas and
may be subject to a larger
setbacks to reduce impacts
to adjacent properties; are
subject to strict noise con-
trols; must maintain'a blade
clearance of at least 20 feet
from any property line or fin-
ished grade and 6 feet from
any structure; must be
equipped with speed controls
and an automatic shutoff
device; must have electrical
facilities placed underground;
the unit must contain speci-
fied warning signs and can- i
not have any lighting unless
otherwise required by law;
ancillary equipment should
_ be kept inside or screened
from public view where feasi-
ble; and the unit must be
operated in compliance with
all federal and state aviation
laws. The ordinance also
requires the removal of the
SWES if the unit has become
inoperable or ceased to oper-
ate for 12 months, or if the
unit poses noise, safety or
other adverse effects to the
site, or persons, improve-
ments or properties in the
vicinity. The ordinance also
makes minor clerical amend-
ments to Section 17.46.010
for consistency. A full copy of
.Ordinance No. 09- 1304 is
available for review in the City
Clerk's office.
Ordinance No. 09-1304
was adopted on January
12, 2010, by the following
vote:
AYES: Bobko, Duclos,
Fishman, Tucker Mayor
DiVirgilio-
NOES: None
ABSENT: None
ABSTAIN: None
Easy ReaderindRedondo Beach
News/January21, 2010MC10-002
•
i
EASY READER, INC.
REDONDO BEACH HOMETOWN NEWS
P.O. BOX 427
832 HERMOSA AVENUE
HERMOSA BEACH, CA 90254
Ph: 310 372-4611 x 100 Fax: 424-212-6781
legals@easyreader.info
PROOF OF PUBLICATION
(2015.5C.C.P)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the BEACH
PEOPLE'S EASY READER-REDONDO BEACH
HOMETOWN NEWS, a newspaper of general
circulation, published WEEKLY in the City of
HERMOSA BEACH, County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Los
Angeles, State of California, under the date of October 24,
1972, Case Number SWC 22940 and October 3, 1989,
Case Number SWC 108772, and that the notice, of which
the annexed is a printed copy (set in type not smaller that
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement thereof
on the following dates, to -wit:
January 71h
ALL IN THE YEAR 2010
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Signed at HERMOSA BEACH, CALIFORNIA,
This 7 1 day of January, 2010
Judy A. Rae, Principal Clerk
Proof of Publication of:
CITY OF HERMOSA BEACH
Ordinance 09-1304
HC 10-001
r
o �
'o tai
City of Hermosa
Beach
ORDINANCE NO.
09-1304
AN ORDINANCE OF THE
CITY OF HERMOSA BEACH,
CALIFORNIA, APPROVING A
ZONE TEXT AMENDMENT
TO ALLOW SMALL WIND
ENERGY SYSTEMS AS A
CONDITIONAL USE IN ALL
ZONES SUBJECT TO STAN-
DARDS, AND TO ALLOW
SAID SYSTEMS TO EXCEED
THE HEIGHT LIMIT.
SUMMARY OF ORDINANCE
NO. 09-1304 '
Ordinance No. 09= 1304
amends the Hermosa Beach
Zoning Ordinance to allow
small wind energy systems
(SWES) subject to height and
development standards, com-
monly referred to as wind tur-
bines. The Ordinance:. 1)
allows SWES to be installed
up to 10 feet above the maxi-
mum height "limit subject to
approval of a Conditional Use
Permit; and 2) establishes
strict development standards
and safety precautions intend-
ed to ensure compatibility with
uses in the vicinity and protect
the public health, safety and
welfare. Under the ordinance,
SWES are prohibited in set-
back areas and may be sub-
ject to a larger setbacks to
reduce impacts to adjacent
properties; are subject to strict
noise controls; must maintain
a blade clearance of at least
20 feet from any property line
or finished grade and 6 feet
from any structure; must be
equipped with speed controls
and an automatic shutoff
device; must have electrical
facilities placed underground;
the unit must contain specified
warning signs and cannot
have any lighting unless other-
wise required by law; ancillary
equipment should be kept
inside or screened from public
view where feasible; and the
unit must be operated in com-
pliance with all federal and
state aviation laws. The ordi-
nance also requires the
removal of the SWES if the
unit has become inoperable or
ceased to operate for 12
months, or if the unit poses
noise, safety or other adverse
effects to the site, or persons,
improvements or properties in
the vicinity. The ordinance also
makes minor clerical amend-
ments to Section 17.46.010 for
consistency. A full copy of
Ordinance No. 09- 1304 is
available for review in the City
Clerk's office.
Ordinance No. 09-1304 will'
be considered by the City.
Council for adoption at its
regular meeting on January.
12, 2010.
Easy Reader Inc/Redondo Beach
News/January 7, 2010/HC10-001
i